20150634 Ver 1_Mitigation Plans_20150625

DRAFT MITIGATION PLAN
UT to Falls Lake (McDaniel Farm)
Riparian Buffer and Nutrient Offset Mitigation Project
Durham County, North Carolina
NC Division of Mitigation Services Project #: 95389
Neuse River Basin
03020201
DWR #: None assigned to date
Prepared for and by:
NC Department of Environment and Natural Resources
Division of Mitigation Services
1652 Mail Service Center
Raleigh, NC 27699 -1652
June 2015

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TABLE OF CONTENTS
1.0
Mitigation Project Summary ................................................................................. ..............................1
1.0 Site Summary ............................................................................................ ..............................1
1.1 Project Location ......................................................................................... ..............................1
1.2 Site Maps ................................................................................................. ..............................1
2.0
Regulatory Considerations .................................................................................. ..............................5
2.1 Determination of Credits .............................................................................. ..............................5
2.2 Asset Map ................................................................................................ ..............................6
2.3 Regulatory and Permitting Considerations ....................................................... ..............................7
3.0
Implementation Plan ........................................................................................... ..............................7
3.1 Site Preparation ........................................................................................... ..............................7
3.2 Materials and Methods .................................................................................. ..............................7
3.3 Other Design Details ..................................................................................... ..............................7
4.0
Monitoring Plan .................................................................................................. ..............................8
4.1 Reporting .................................................................................................... ..............................8
4.2 Vegetation Monitoring ................................................................................... ..............................8
5.0
Project Success Criteria ...................................................................................... ..............................8
6.0
Long Term Management ..................................................................................... ..............................8
6.1 Entity responsible for long -term management ................................................... ..............................8
6.2 Summary of long -term maintenance needs or other management activities ............ ..............................8
Appendices
Appendix A. Site Protection Instruments
Appendix B. DWR Correspondence

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MITIGATION PROJECT SUMMARY
1.1 Site Summarv.
The proposed mitigation area includes an unnamed tributary to Falls Lake and is currently used for livestock
grazing. Riparian buffer mitigation activities are proposed from the UT to Falls Lake top of bank and
extending out to 200 feet. The project will result in a maximum of 9.69 acres (422,329 ft2) of riparian buffer
and/or nutrient offset mitigation by establishing 10.86 acres of forested buffer easement along the main
unnamed tributary to Falls Lake and several water conveyances that flow to UT to Falls Lake.
This project site is located within the Lick Creek watershed (HU 3020201050030) which is approximately 22
square miles in size and located in Durham (21 square miles) and Wake (1 square mile) Counties, North
Carolina. The watershed is comprised of sub - watersheds draining to Lick Creek, its tributary Rocky Branch,
Laurel Creek, and unnamed tributaries to Falls Lake. Lick Creek is the largest of the streams, accumulating
drainage from 60 percent of the watershed before discharging into Falls Lake. Falls Lake is a drinking water
supply watershed with additional nutrient restrictions regulated by the North Carolina Division of Water
Resources.
The site was heavily damaged by historical logging activities. The current landowner utilizes the site for
livestock pasture. Along with livestock waste, a major contributing factor to this site's loss of nutrients and
sediment is the steepness and erodibility of the valley side slopes. These slopes range from 20%
to 25 %. Sedimentation in the stream most likely is due to the denuded adjacent fields from previous logging
activities and current livestock grazing practices. The soil loss on these fields has been estimated to
average approximately 100 tons/ac/yr.
1.2 Proiect location
From Raleigh take US 70 West/Glenwood Avenue toward Durham. Turn Right on NC 50 North /Creedmoor
Road. Exit onto NC 98 West/Durham Road. Turn Right onto Southview Road and follow to T intersection.
Turn Right onto Baptist Road. Turn right onto Benny Ross Road Site is on the left starting at intersection of
Baptist and Benny Ross Roads. Access is through 50 ft. access easement at 277 Benny Ross Road.
1.3 Site map(s)
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LIT to Falls Lake (McDaniel Farm) Mitigation Plan June 2015

.' - ".:�- . I.. . "'N, .
UT to Falls Watershed and Topographic Map
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Figure 2 ;�.•__
ip-
Watershed 21.5 acres
O Easement �.. 0 625 1,250 2,500
•`—� Feet
•
i Copyrigh 2fl National Geographic Society, 6-
UT to Falls Lake (McDaniel Farm) Mitigation Plan June 2015
3

LIT to Falls Lake (McDaniel Farm) Mitigation Plan June 2015

2.0 REGULATORY CONSIDERATIONS
2.1 Determination of credits:
UT to Falls Lake (McDaniel Farm) (ID- 95389) - Mitigation Components
Existing
Wetland Footage, Restored Creditable Approach Mitigation Nutrient
Project Component Position and Acreage or Footage or Footage, Restoration Priority Ratio Mitigation Offset
(reach ID, etc) Hvdro Type SF Stationinq Acreaqe Acreaqe or SF Level Level (X:1) Credits Credits Notes /Comments
Stream
0
RP Wetland
0.00
NR Wetland
0.00
Buffer
185,466
Nutrient Offset (lbs /ac /30 yr)
64,833
18,655.28
Wetland
Riparian Buffer TOB -50'
Riparian Buffer 50 -100'
Riparian Buffer 100 -200'
Riparian Buffer 0 -100'
Riparian Buffer 100 -200'
0
0
0
62,217
2,616
I
72,777
106,336
178,383
0
0
L =1
72,777
106,336
178,383
62,217
2,616
R
R
R
P
P
I
1
1
1
10
20
I I
72,777
106,336
6,222
131
I __�n
3,797.74 Restored riparian buffer for buffer or Nutrient Offset credit
5,548.95 Restored riparian buffer for buffer or Nutrient Offset credit
9,308.59 Restored riparian buffer for Nutrient Offset credit only
Preserved Riparian Buffer for Buffer Credit only
Preserved Riparian Buffer for Buffer Credit only. Area in this zone is less than 10% of total Buffer Mitigation
area. 20:1 ratio = 10:1 factoring in 50% reduction for preservation on a Subject Non -Urban stream.
Length and Area Summations by Mitigation Category
Non -
riparian Creditable
Stream Riparian Wetland Wetland Buffer
(square
Restoration Level (linear feet) (acres) (acres) feet)
Riverine Non - Riverine
Restoration
Enhancement
Enhancement I
Enhancement II
Creation
Preservation
High Quality Pres
Overall Assets Summary
Overall
Asset Category Credits
357,496 Stream
0
RP Wetland
0.00
NR Wetland
0.00
Buffer
185,466
Nutrient Offset (lbs /ac /30 yr)
64,833
18,655.28
UT to Falls Lake (McDaniel Farm) Mitigation Plan June 2015
5

2.2 Asset Map
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it
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Si �� �� E 1+ r1� � r�1�� A� f� ��•� •��,
M yt e
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2.3 Requlatory and Permitting Considerations
No permits are required for this project.
3.0 IMPLEMENTATION PLAN
3.1 Site Preparation
Prior to planting and fence installation, removal of five (5) gullies along the valley slopes will be done to
allow for diffuse flow across the site as well as safe access for bush hogging equipment. Once gully removal
has been completed, the site will require bush hogging of existing herbaceous vegetation and select small
pines.
3.2 Materials and Methods
The target plant community to be restored will be an early successional forest and the planting plan will
consist of at least five (5) of the following species:
Species
Common Name
Scientific Name
Strata
Red Maple
Acer rubrum
canopy
Box Elder
Acer negundo
canopy
River Birch
Betula nigra
canopy
Green Ash
Fraxinus pennsyl.
canopy
Blackgum
Nyssa sylvatica
canopy
Sycamore
Platanus occidentalis
canopy
Eastern Cottonwood
Populus deltoidus
canopy
American Elm
Ulmus americana
canopy
Tag Alder
Alnus serrulata
subcanopy
Eastern Redbud
Cercis canadensis
subcanopy
The NC Division of Mitigation Services expects the natural recruitment of native successional species,
including Sweet Gum (Liquidambarstyraciflua), Red Maple (Acer rubrum) and Loblolly Pine (Pinus taeda) to
occur at the project site.
3.3 Other design details
Prior to planting, woven wire fencing with gates for access will be installed, in accordance with NRCS
specifications, around the entire perimeter of the conservation easement to exclude livestock access
specifically goats, and provide a protected environment for vegetation survival. As stipulated in the
recorded conservation easement, the landowner reserved the right for themselves and their invitees to ride
horses along a trail within the conservation easement not to exceed ten feet in width within the zone(s)
depicted on the survey plat as "Bridle Trail' as well as the mowed vegetation maintenance area adjacent to
the easement perimeter fence. Horses must be ridden or led and must remain on the trail at all times. The
layout of the bridle trail will be marked prior to fence installation for gate placement and planting to ensure
no trees are installed in that area. The bridle trail has been removed from all credit calculations. As part of
the bridle trail, one ford stream crossing will be installed at the bedrock outcrop on the UT as shown on the
Asset Map. The landowner has agreed to not use the allowed trail for three complete growing seasons to
allow grasses to establish and soils to stabilize.
4.0 MONITORING PLAN
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4.1
4.2
5.0
6.0
6.1
6.2
Reoortina
Annual monitoring data will be reported using the NC Division of Mitigation Services' monitoring template.
The monitoring report shall provide a project data chronology that will facilitate an understanding of project
status and trends, population of NC Division of Mitigation Services' databases for analysis, research
purposes, and assist in decision making regarding project close -out. The following table outlines monitoring
requirements for this project; monitoring parameter descriptions follow.
Required Parameter Quantity Frequency
Quantity and location of vegetation plots
Yes Vegetation will be determined by Division of
Mitigation Services
Project
boundary
Veqetation Monitorinq
Notes
Vegetation will be monitored using random, rotating
Annual plots for a period of five years or until success
criteria are met
Annual Locations of fence damage, vegetation damage,
boundary encroachments, etc. will be mapped
Monitoring of site restoration efforts will be performed for five years or until success criteria are fulfilled. After
planting has been completed in winter or early spring, initial plant stocking will be performed to verify
planting methods and to determine initial species composition and density.
To monitor the vegetation at this site, the NC Division of Mitigation Services will use random, rotating 1 /1001h
acre plots in monitoring years 1 through 3 and random, rotating 1 /40th acre plots in monitoring years 4 and
5. The number of plots specified will be based on guidance described in the NC Division of Mitigation
Services' monitoring guidance documents. In each sample plot, monitoring parameters will include species
composition and density. Visual observations of the percent cover of shrub and herbaceous species will be
documented by photograph.
PROJECT SUCCESS CRITERIA
Success criteria have been established to verify that the vegetation component supports community
elements necessary for forest development and the maintenance of diffuse flow through the riparian buffer
in accordance with North Carolina Division of Water Resources Administrative Code 15A NCAC 02B.0295
(Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers) (NCDWR 2014
Temporary Rule). Success criteria are dependent upon the density and growth of characteristic forest
species. After five years of monitoring, an average density of 260 woody stems per acre must be surviving
and diffuse flow maintained.
LONG -TERM MANAGEMENT
Entitv responsible for long -term manaqement
Upon approval for closeout by the NC Division of Water Resources (DWR) the site will be transferred to a
third party for long term management. This party shall be responsible for periodic inspection of the site to
ensure that restrictions required in the conservation easement or the deed restriction document(s) are
upheld.
Summary of long -term maintenance needs or other manaqement activities
NC Division of Mitigation Services shall monitor the site and conduct a physical inspection of the site a
minimum of once per year throughout the post- construction monitoring period until performance standards
are met. These site inspections may identify site components and features that require routine
maintenance. Routine maintenance should be expected most often in the first two years following site
construction and may include the following:
UT to Falls Lake (McDaniel Farm) Mitigation Plan June 2015

Component/Feature Maintenance through project close -out
Vegetation Vegetation shall be maintained to ensure survival. Routine vegetation maintenance and repair activities
may include supplemental planting. The site will also be evaluated to ensure diffuse flow is still occurring.
Site boundaries shall be identified in the field to ensure clear distinction between the mitigation site and
Site Boundary adjacent properties. Boundaries may be identified by fence, marker, bollard, post, tree - blazing, or other
means as allowed by site conditions and /or conservation easement. Boundary markers disturbed,
damaged, or destroyed will be repaired and/or replaced on an as needed basis.
UT to Falls Lake (McDaniel Farm) Mitigation Plan June 2015

APPENDIX A
SITE PROTECTION INSTRUMENT
The land required for the construction, management, and stewardship of this mitigation project includes portions of
the following parcels. A copy of the site protection instrument(s) is included below.
Parcel Landowner PIN County Site Protection Deed Book and Acreage
Instrument Page Number protected
Sue McDaniel, Ruth Conservation
A McDaniel and husband 0871 -02 -69 -0154 Durham Easement and 75361121 -134 10.86
Kendall Newswanger Right of Access
All site protection instruments require 60 -day advance notification to the State prior to any action to void, amend,
or modify the document. No such action shall take place unless approved by the State.

FOR REGISTRATION
Willie L Covington
REGISTER OF DEEDS
2014 JUL ro County NC
SK:75362PG10 '15 AM
DEED
INSTRUMENT$ #620104022314
_ SCEARNEL
I
2t+1 +2 -314
Ma 1 to: Ann Matthews, Property Control Section, State of NC, P 0. B0 6 g
1; 1, dtti�,,,,d_� Raleigh �fiC P602
STATE OPNORTH CAROLINA DEED OF CONSERVATION EASEMENT
DURHAM COUNTY AND RIGHT OF ACCESS
SPO File Number: 32 -BV
EEP Project Number: 95389
Prepared by: Office of the Attorney General
Property Control Section
�: NC Department of Administration
State Property Office
1321 Mail Service Center
Raleigh, NC 27699 -1321
THIS DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS, made
this ,-�A ---'—day of � 2014, by Sue McDaniel (widow), Ruth McDaniel
and husband, Kendall &ewsv�ger, ( "Grantor "), whose mailing address is 2402 Baptist
Road, Durham, NC 27703, to the State of North Carolina, ( "Grantee "), whose mailing address is
State of North Carolina, Department of Administration, State Property Office, 1321 Mail Service
Center, Raleigh, NC 27699 -1321. The designations of Grantor and Grantee as used herein shall
include said parties, their heirs, successors, and assigns, and shall include singular, plural,
masculine, feminine, or neuter as required by context.
WITNESSETH:
WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143 -214.8 et se q., the State
of North Carolina has established the Ecosystem Enhancement Program (formerly known as the
Wetlands Restoration Program) within the Department of Environment and Natural Resources
for the purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland
and riparian resources that contribute to the protection and improvement of water quality, flood
prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and
WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation
Easement pursuant to N.C. Gen. Stat. § 121 -35; and

WHEREAS, the Department of Environment and Natural Resources and the United
States Army Corps of Engineers, Wilmington District entered into a Memorandum of
Understanding, (MOU) duly executed by all parties on November 4, 1998. This MOU
recognized that the Wetlands Restoration Program was to provide effective compensatory
mitigation for authorized impacts to wetlands, streams and other aquatic resources by restoring,
enhancing and preserving the wetland and riparian areas of the State; and
WHEREAS, the Department of Environment and Natural Resources, the North Carolina
Department of Transportation and the United States Army Corps of Engineers, Wilmington
District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in
Greensboro, NC on July 22, 2003, which recognizes that the Ecosystem Enhancement Program
is to provide for compensatory mitigation by effective protection of the land, water and natural
resources of the State by restoring, enhancing and preserving ecosystem functions; and
WHEREAS, the Department of Environment and Natural Resources, the U.S. Army
Corps of Engineers, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife
Service, the North Carolina Wildlife Resources Commission, the North Carolina Division of
Water Quality, the North Carolina Division of Coastal Management, and the National Marine
Fisheries Service entered into an agreement to continue the In -Lieu Fee operations of the North
Carolina Department of Natural Resources' Ecosystem Enhancement Program with an effective
date of 28 July, 2010, which supersedes and replaces the previously effective MOA and MOU
referenced above; and
WHEREAS, the acceptance of this instrument for and on behalf of the State of North
Carolina was granted to the Department of Administration by resolution as approved by the
Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina,
on the 8th day of February 2000; and
WHEREAS, the Ecosystem Enhancement Program in the Department of Environment
and Natural Resources, which has been delegated the authority authorized by the Governor and
Council of State to the Department of Administration, has approved acceptance of this
instrument; and
WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being
in Carr Township, Durham County, North Carolina (the "Property "), and being more
particularly described as that certain parcel of land containing approximately 38 +/- acres
conveyed in Deed Book 4495, Page 516, and corrected in Deed Book 5434, Page 71, and as joint
tenants with right of survivorship in Deed Book 5802, Page 456, Plat Book 17, Page 135 of the
Durham County Registry. The Property is also identified as being Tax Parcel 194056, and
WHEREAS, Grantor is willing to grant a Conservation Easement and Right of Access
over the herein described areas of the Property, thereby restricting and limiting the use of the
areas of the Property subject to the Conservation Easement to the terms and conditions and
purposes hereinafter set forth, and Grantee is willing to accept said Easement and Access Rights.
2

The Conservation Easement shall be for the protection and benefit of the waters of an unknown
Tributary to Falls Lake.
NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and
restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and
conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation
Easement along with a general Right of Access.
The Conservation Easement Area consists of the following:
Tract "A" containing a total of 10.86 acres and Access Easement containing 1.4 acres as shown
on the plat of survey entitled "Final Plat, Conservation Easement for North Carolina Ecosystem
Enhancement Program, SPO File No. 32 -BV, EEP Site No. 95389, Property of Sue McDaniel,
Ruth McDaniel and husband, Kendall Newswanger," dated December 20, 2013 by Douglas R.
Yarbrougk PLS Number L -3395 and recorded in the Durham County, North Carolina Register
of Deeds at Plat Book 193 Page 29.
See attached "Exhibit A ", Legal Description of area of the Property hereinafter referred to as the
"Conservation Easement Area" and access thereto.
The purposes of this Conservation Easement are to maintain, restore, enhance, construct,
create and preserve wetland and/or riparian resources in the Conservation Easement Area that
contribute to the protection and improvement of water quality, flood prevention, fisheries,
aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the
Conservation Easement Area in its natural condition, consistent with these purposes; and to
prevent any use of the Easement Area that will significantly impair or interfere with these
purposes. To achieve these purposes, the following conditions and restrictions are set forth:
I. DURATION OF EASEMENT
Pursuant to law, including the above referenced statutes, this Conservation Easement and
Right of Access shall be perpetual and it shall run with, and be a continuing restriction upon the
use of, the Property, and it shall be enforceable by the Grantee against the Grantor and against
Grantor's heirs, successors and assigns, personal representatives, agents, lessees, and licensees.
II. GRANTOR RESERVED USES AND RESTRICTED ACTIVITIES
The Conservation Easement Area shall be restricted from any development or usage that
would impair or interfere with the purposes of this Conservation Easement. Unless expressly
reserved as a compatible use herein, any activity in, or use of, the Conservation Easement Area
by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement.
Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee.
Any rights not expressly reserved hereunder by the Grantor, including the rights to all mitigation
credits, including, but not limited to, stream, wetland, and riparian buffer mitigation units,
3

derived from each site within the area of the Conservation Easement, are conveyed to and belong
to the Grantee. Without limiting the generality of the foregoing, the following specific uses are
prohibited, restricted, or reserved as indicated:
A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational
uses, including hiking, bird watching, hunting and fishing, and access to the Conservation
Easement Area for the purposes thereof.
B. Motorized Vehicle Use. Motorized vehicle use in the Conservation Easement Area is
prohibited except as specifically allowed within a fence maintenance zone as described in
Section D below.
C. Educational Uses. The Grantor reserves the right to engage in and permit others to
engage in educational uses in the Conservation Easement Area consistent with this Conservation
Easement, and the right of access to the Conservation Easement Area for such purposes
including organized educational activities such as site visits and observations. Educational uses
of the Property shall not alter vegetation, hydrology or topography of the site.
D. Damage to Vegetation. Except within the Bridle Trail area as shown on the recorded
survey plat, and as related to the removal of non - native plants, diseased or damaged trees, or
vegetation that destabilizes or renders unsafe the Conservation Easement Area to persons or
natural habitat, all cutting, removal, mowing, harming, or destruction of any trees and vegetation
within the Conservation Easement Area is prohibited with the following exception:
The Grantor reserves the right to mow and maintain vegetation within ten feet of the
Conservation Easement boundary fences as shown on the Survey Plat referenced above.
Notwithstanding the foregoing, Grantor, successors and assigns shall adhere to laws governing
riparian vegetation protection.
The Grantor, successors or assigns shall be solely responsible for maintenance of the fence for as
long as there is livestock on the Grantor's property adjacent to the Conservation Easement Area.
E. Industrial, Residential and Commercial Uses. All industrial, residential and
commercial uses are prohibited in the Conservation Easement Area.
F. Agricultural Use. All agricultural uses are prohibited within the Conservation Easement
Area including any use for cropland, waste lagoons, or pastureland.
G. New Construction. There shall be no building, facility, mobile home, antenna, utility
pole, tower, or other structure constructed or placed in the Conservation Easement Area.
H. Roads and Trails. There shall be no construction or maintenance of roads, trails,
walkways, or paving in the Conservation Easement Area other than low impact single thread
"Bridle Trails" depicted on the survey plat and described in section II. i.
I. Signs. No signs shall be permitted in the Conservation Easement Area except
interpretive signs describing restoration activities, educational signs, conservation values of the
4

Conservation Easement Area, signs identifying the owner of the Property and the holder of the
Conservation Easement, signs giving directions, conservation boundary signs, and signs
prescribing rules and regulations for the use of the Conservation Easement Area.
J. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery, or any other material in the Conservation Easement
Area is prohibited.
IC Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling,
excavating, dredging, mining, drilling, hydraulic fracturing; removal of topsoil, sand, gravel,
rock, peat, minerals, or other materials in the Conservation Easement Area.
L. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting
the diversion of surface or underground water in the Conservation Easement Area. No altering
or tampering with water control structures or devices, or disruption or alteration of the restored,
enhanced, or created drainage patterns is allowed. All removal of wetlands, polluting or
discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides in the
Conservation Easement Area is prohibited. In the event of an emergency interruption or
shortage of all other water sources, water from within the Conservation Easement Area may
temporarily be withdrawn for good cause shown as needed for the survival of livestock on the
Property; however such uses shall be conducted in a manner consistent with the other restrictions
included in this instrument. In particular, withdrawal of water shall be conducted without
disturbance to the Conservation Easement Area, including but not limited to the placement of
any fill material, construction of any impounding structures, excavation of any material from the
streambed or riparian buffer, or removal of vegetation. Water pumps must be placed and
maintained outside of the Conservation Easement Area. The Grantee must be notified of all
withdrawals of water within 48 hours after the activity takes place.
M. Subdivision and Conveyance. Grantor voluntarily agrees that no further subdivision,
partitioning, or dividing of the Conservation Easement Area portion of the Property owned by
the Grantor in fee simple ( "fee ") that is subject to this Conservation Easement is allowed. Any
future transfer of the Property shall be subject to this Conservation Easement and Right of
Access and to the Grantee's right of unlimited and repeated ingress and egress over and across
the Property to the Conservation Easement Area for the purposes set forth herein.
N. Development Rights. All development rights are permanently removed from the
Conservation Easement Area and are non - transferrable.
O. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of
the natural features of the Conservation Easement Area or any intentional introduction of non-
native plants, trees and/or animal species by Grantor is prohibited.
P. Additional Rights Reserved by Grantor. No reserved right below shall apply to the
area within the first fifty feet from the top of the Unnamed Tributary stream bank (50 -foot
riparian zone).

i. Horseback riding. Grantor reserves the right, for themselves and their invitees,
to ride horses along a pathway within the Conservation Easement Area not to exceed ten feet in
width within zone (s) depicted on the survey plat as "Bridle Trail" as well as the mowed
vegetation maintenance area adjacent to the easement perimeter fence. Horses must be ridden or
led and must remain on the path at all times. Livestock guardian dogs are also permitted to
access the Conservation Easement Area.
ii. Benches. Grantor reserves the right to install up to ten (10) rustic benches in the
Conservation Easement Area to be used for educational purposes. Benches shall be installed
with minimal impact to shrubs and trees. Each bench area shall take up no more than ten square
feet. Trimming or cutting of vegetation during bench installation will be avoided to the greatest
extent practicable and shall be restricted to the ten square foot area around each bench.
iii. Bee hives. Grantor reserves the right to install and maintain up to ten (10) bee
hives in the Conservation Easement Area. Bee hives shall be installed with minimal impact to
shrubs and trees. Trimming or cutting of vegetation during installation and maintenance will be
avoided to the greatest extent practicable and shall be restricted to a five square foot area.
iv. Well installation. Grantor reserves the right to request permission from the
Grantee to locate a well within the Conservation Easement Area for good cause shown if the
existing well located on the Property ceases to function, and no other reasonable water sources
are available on the Property or from other sources. The new well capacity shall not exceed that
of the existing well located on the Property, which serves the existing residence and barn.
Grantor shall request permission in writing from Grantee as described below. Such permission
shall not to be unreasonably withheld. Grantor shall be responsible for all expenses associated
with installation and maintenance of the new well, and may be required to reimburse Grantee for
any loss of compensatory mitigation credits associated with its construction and use.
During the exercise of any reserved right, every effort shall be made to minimize impacts to
water quality and to native shrubs and trees.
The Grantor may request permission to vary from the above restrictions for good cause
shown, provided that any such request is not inconsistent with the purposes of this Conservation
Easement, and the Grantor obtains advance written approval from the N.C. Ecosystem
Enhancement Program, whose mailing address is 1652 Mail Services Center, Raleigh, NC
27699 -1652.
III. GRANTEE RESERVED USES
A. Right of Access, Construction, and Inspection. The Grantee, its employees and agents,
successors and assigns, including representative from the U.S. Army Corps of Engineers and the
N.C. Division of Water Resources, receive a perpetual Right of Access to the Conservation
Easement Area over the Property at reasonable times to undertake any activities to restore,
construct, manage, maintain, enhance, protect, and monitor the stream, wetland and any other
riparian resources in the Conservation Easement Area, in accordance with restoration activities
C,I

or a long -term management plan. Unless otherwise specifically set forth in this Conservation
Easement, the rights granted herein do not include or establish for the public any access rights.
B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous
vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and
prepare the soil, modification of the hydrology of the site, and installation of natural and
manmade materials as needed to direct in- stream, above ground, and subterraneous water flow.
C. Signs. The Grantee, its employees and agents, successors or assigns, shall be permitted
to place signs and witness posts on the Property to include any or all of the following: describe
the project, prohibited activities within the Conservation Easement, or identify the project
boundaries and the holder of the Conservation Easement.
D. Fences. The Grantee, its employees and agents, successors or assigns, shall be permitted
to place fencing on the Property within the Conservation Easement Area to restrict livestock
access. Although the Grantee is not responsible for fence maintenance, the Grantee reserves the
right to maintain, repair or replace the fence at the sole discretion of the Grantee and at the
expense of the Grantor, who agrees to indemnify the Grantee for any costs incurred as a result of
maintenance, repair or replacement of the fence if such costs are required to protect the
Conservation Easement Area from repeated incidents of grazing or other prohibited activities.
E. Crossing Area(s). The Grantee is not responsible for maintenance of crossing area(s),
however, the Grantee, its employees and agents, successors or assigns, reserve the right to repair
crossing area(s), at its sole discretion and to recover the cost of such repairs from the Grantor if
such repairs are needed as a result of activities of the Grantor, his successors or assigns.
IV. ENFORCEMENT AND REMEDIES
A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is
allowed to prevent any activity within the Conservation Easement Area that is inconsistent with
the purposes of this Conservation Easement and to require the restoration of such areas or
features in the Conservation Easement Area that may have been damaged by such unauthorized
activity or use. Upon any breach of the terms of this Conservation Easement by Grantor, the
Grantee shall, except as provided below, notify the Grantor in writing of such breach and the
Grantor shall have ninety (90) days after receipt of such notice to correct the damage caused by
such breach. If the breach and damage remains uncured after ninety (90) days, the Grantee may
enforce this Conservation Easement by bringing appropriate legal proceedings including an
action to recover damages, as well as injunctive and other relief. The Grantee shall also have the
power and authority, consistent with its statutory authority: (a) to prevent any impairment of the
Conservation Easement Area by acts which may be unlawful or in violation of this Conservation
Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages
from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the
immediate right, without notice, to obtain a temporary restraining order, injunctive or other
appropriate relief, if the breach is or would irreversibly or otherwise materially impair the
benefits to be derived from this Conservation Easement, and the Grantor and Grantee
acknowledge that the damage would be irreparable and remedies at law inadequate. The rights
7

and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all
other rights and remedies available to Grantee in connection with this Conservation Easement.
B. Inspection. The Grantee, its employees and agents, successors and assigns, including
representative from the U.S. Army Corps of Engineers, have the right, with reasonable notice, to
enter the Conservation Easement Area over the Property at reasonable times for the purpose of
inspection to determine whether the Grantor is complying with the terms, conditions and
restrictions of this Conservation Easement.
C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement
shall be construed to entitle Grantee to bring any action against Grantor for any injury or change
in the Conservation Easement Area caused by third parties, resulting from causes beyond the
Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from
any prudent action taken in good faith by the Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to life or damage to the Property resulting from such causes.
D. Costs of Enforcement. Beyond regular and typical monitoring expenses, any costs
incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor,
including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions
in violation of the terms of this Conservation Easement, shall be borne by Grantor.
E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and
any forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any
breach of any term set forth herein shall not be construed to be a waiver by Grantee.
V. MISCELLANEOUS
A. This instrument sets forth the entire agreement of the parties with respect to the
Conservation Easement and supersedes all prior discussions, negotiations, understandings or
agreements relating to the Conservation Easement. If any provision is found to be invalid, the
remainder of the provisions of the Conservation Easement, and the application of such provision
to persons or circumstances other than those as to which it is found to be invalid, shall not be
affected thereby.
B. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon
the Property. Grantee shall not be responsible for any costs or liability of any kind related to the
ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly
provided herein. Upkeep of any constructed bridges, fences, or other amenities on the Property
are the sole responsibility of the Grantor. Nothing herein shall relieve the Grantor of the
obligation to comply with federal, state or local laws, regulations and permits that may apply to
the exercise of the Reserved Rights.
C. Any notices shall be sent by registered or certified mail, return receipt requested to the
parties at their addresses shown herein or to other addresses as either party establishes in writing
upon notification to the other.
N.

D. Grantor shall notify Grantee in writing of the name and address and any party to whom
the Property or any part thereof is to be transferred at or prior to the time said transfer is made.
Grantor further agrees that any subsequent lease, deed, or other legal instrument by which any
interest in the Property is conveyed is subject to the Conservation Easement herein created.
E. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive
any merger of the fee and easement interests in the Property or any portion thereof.
F. This Conservation Easement and Right of Access may be amended, but only in writing
signed by all parties hereto, or their successors or assigns, if such amendment does not affect the
qualification of this Conservation Easement or the status of the Grantee under any applicable
laws, and is consistent with the purposes of the Conservation Easement. The owner of the
Property shall notify the State Property Office and the U.S. Army Corps of Engineers in writing
sixty (60) days prior to the initiation of any transfer of all or any part of the Property or of any
request to void or modify this Conservation Easement. Such notifications and modification
requests shall be addressed to:
Ecosystem Enhancement Program Manager
State Property Office
1321 Mail Service Center
Raleigh, NC 27699 -1321
and
General Counsel
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
G. The parties recognize and agree that the benefits of this Conservation Easement are in
gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in
the event it transfers or assigns this Conservation Easement, the organization receiving the
interest will be a qualified holder under N.C. Gen. Stat. § 121 -34 et seq. and § 170(h) of the
Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the
transfer or assignment will be such that the transferee or assignee will be required to continue in
perpetuity the conservation purposes described in this document.
VI. QUIET ENJOYMENT
Grantor reserves all remaining rights accruing from ownership of the Property, including
the right to engage in or permit or invite others to engage in only those uses of the Conservation
Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not
9

inconsistent with the purposes of this Conservation Easement. Without limiting the generality of
the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and
licensees, the right of access to the Conservation Easement Area, and the right of quiet
enjoyment of the Conservation Easement Area,
TO HAVE AND TO HOLD, the said rights and easements perpetually unto the State of
North Carolina for the aforesaid purposes,
AND Grantor covenants that Grantor is seized of said premises in fee and has the right to
convey the permanent Conservation Easement herein granted; that the same is free from
encumbrances and that Grantor will warrant and defend title to the same against the claims of all
persons whomsoever.
IN TESTIMONY WHEREOF, the Grantors have hereunto set their hand and seal, the
day and year first above written.
�- (SEAL)
Sue McDaniel
EAL)
Ruth McDaniel
(SEAL)
4KendallLswanger
10

NORTH CAROIJMA
COUNT YF
I, a Notary Public in and for the County and State
aforesaid, do hereby certify that , Grantor, personally appeared
before me this day and acknowledged the execution of the foregoing instrument.
IN WITNE WHE EOF, I have hereunto set my hand and Notary Seal this the .2S—
day of , 2014.
r
Notary. Public
Y11'cr,milox� expires:
w �
NORTH CARD INA
COUNTY OF
I, No�j Public in and for the County and State
aforesaid, do hereby certify that )L , Grantor, personally appeared
before me this day and acknowledged the execution of the foregoing instrument.
IN WITNE WHE OF, I have hereunto set my hand and Notary Seal this the LL a
day of , 2014.
L�"
Notary Putlic
,� 44�u�
My pommission expires:
11

NORTH CARO A
COUNT OF
I, a Notary Public in d for the County and State
aforesaid, do hereby certify that Grantor, personally appeared
before me this day and acknowledged the execution of the foregoing instrument.
IN WIT E W REOF, I have hereunto set my hand and Notary Seal this the .�
day of , 2014.
1� "a'u—j
Notary Public
My commission expires:
� _� -(7
12
6
0•••.
^a3�
V�
• d
'C '
F�
y
�
1 -
1
yam. • y@'
N
12

"Exhibit A"
Metes and Bounds Description of a Conservation Easement on the property of
Sue McDaniel, Ruth McDaniel and Husband Kendall Newswanger.
Tract "A"
Beginning at a new rebar and cap, said new rebar and cap being located N 62 °28'57" E 4487.73'
from NCGS Monument "CARR ", thence a new line running N 87 °28'00" E 200.09" to a new
rebar and cap, thence again N 87 °28900" E 190.62' to a new rebar and cap for a total distance of
390.71', thence anew line running N 53 °44901 E 106.74' to anew rebar and cap, thence anew
line running N 89 °47'09" E 171.34' to a new rebar and cap set in the southwestern margin of
the 180' right -of -way of the Carolina Power & Light Company, thence with the right -of -way of
the Carolina Power and Light Company S 48 °32'59" E 268.46' to a new rebar and cap, the
again with said right -of -way S 48 032'59" E 214.42' to anew
rebar and cap, thence again with said right -of -way
S 48 032959" E 207.87' to a new rebar and cap, thence again with said right -of -way
S 48 032'59" E 182.73' to a new rebar and cap set in the said right -of -way for a total distance of
873.48', thence a new line running S 61'02'47" W 255.56' to a new rebar and cap, thence a new
line running N 57 °41'39" W 284.64' to anew rebar and cap, thence N 86 °48'31" W 287.05' to
a new rebar and cap, thence N 74 °11'09" W 228.28'
to a new rebar and cap, thence again N 74 °11'09" W 295.20' to a new rebar and cap for a total
distance of 523.48', thence a new line running N 08 °47'20" W 135.42' to a new rebar and cap,
the again N 08 °47'20" W 178.38' for a total distance of 313.80' to the beginning and containing
10.86 acres more or less as shown on the survey prepared by Landmark Surveying, Inc entitled
"Final Plat, Conservation Easement, SPO File Number.32 -BV - EEP Project ID Number 95389,
Property Of Sue McDaniel, Ruth McDaniel and Husband Kendall Newswanger" dated
December 20, 2013 and January 17, 2014 recorded in Plat Book 193 Page 29 of Durham County
Registry.
13

Metes and bounds description of access easemenet located on the property of Sue
McDaniel, Ruth McDaniel and husband Kendall Newswanger.
Beginning at an existing iron stake on the right of way of Benny Ross Road at the
southwestern corner of the Thomas H. Carter property and the southern corner of the Sue
McDaniel, Ruth McDaniel and husband Kendall Newswanger property and being located
S 54054'17" W 604.89' from an existing iron stake at a corner of the above parties,
thence running N 45 °37'38" W 61.03' to a mathematical point on the right of way of
Benny Ross Road, thence anew line running N 54054'17" E 62.69' to a mathematical
point, thence anew line running N 06'17'49" W 25.48' to a mathematical point, thence
running N 820 49'35" W 133.00" to a mathematical point on the right of way of Benny
Ross Road, thence with the right of way of Benny Ross Road N 50011'13" W 67.02'
to a mathematical point,thence with the right of way of Benny Ross Rd. N 51043'41" W
100.00' to a mathematical point, thence with the right of way of Benny Ross Road
N 46 °34'03" W 100.00' to a mathematical point, thence with the right of way of Benny
Ross Road N 41 056'22 "W 81.68' to a mathematical point, thence a new line running
N 40 °36'30" E 194.83' to a mathematical point, thence anew line running
N 05 °20'03" E 15.11' to an existing iron stake in the line of the Sue McDaniel, Ruth
McDaniel and husband Kendell Newswanger property and being a common corner with
Milson L. Shackleford, thence with the line of same N 05 °20'03" E 109.34' to an
existing iron stake a common corner with Sue McDaniel, Ruth McDaniel and husband
Kendell Newswanger and Milson L. Shackleford, thence a new line crossing the property
of Sue McDaniel, Ruth McDaniel and husband Kendell Newswanger N 20 °52'36" E
111.00' to a mathematical point in the line of the Conservation Area shown as Tract "A"
on the plat recorded in Plat Book 193, Page 29 in the Durham County Register Of Deeds
Office, thence with the said Conservation Area S 86° 48'31" E 62.98' to a mathematical
point, thence a new line crossing Sue McDaniel, Ruth McDaniel and husband Kendell
Newswanger S 20 °52'36" W 121.94' to a mathematical point, thence a new line
S 05 °20'03" W 101.15' to a mathematical point in the line of the Sue McDaniel, Ruth
McDaniel and husband Kendell Newswanger property, thence a new line S 05 °20'03" W
34.18' to a mathematical point, thence anew line running S 40 °36'30" W 161.24' to a
mathematical point, thence anew line running S 41 °56'22" E 26.59' to a mathematical
point, thence a new line running S 46 °34'03" E 94.87' to a mathematical point, thence a
new line running S 51'43'41"E 98.10' to a mathematical point, thence anew line
running S 50011'13"E 50.26' to a mathematical point, thence anew line running
S 82 °49'35" E 162.76' to a mathematical point, thence anew line running
S 06017'49" E 108.29' to a mathematical point in the line of Thomas H. Carter, thence
with the line of Thomas H. Carter S 54'54'17" W 87.02' to the point of beginning as
shown on the survey map by Landmark Surveying, Inc. dated December 20, 2013 and
entitled "Final Plat - Conservation Easement — Ecosystem Enhancement Program — SPO
File number 32 -BV — EEP Project ID Number 95389 — Property of Sue McDaniel,
Ruth McDaniel and Husband Kendell Newswanger ". Plat recorded in Plat Book 193,
Page 29 in the Durham County Register Of Deeds Office.
14

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located N 62'28'5i" E T''� HAS ���'�"!
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sue Nel1a^lei, McUO Of and oaP N 67'2 ' � ebar an _ ["1
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Traot " anew reb t °CARR thence N 87'2800" E N 53'4401" E robot an ,VICAR
geginnlrt9 at ',CGS B°^u^ie^ thence 0g °`^ line running to a new g e T
i �� NpR
from of and cap' fy,onca o rtew 47'09" E 171.34'Cofollnht company L;u':v t l ��� , -.uN' ` q�
4467.73' now tab 71', S%.. � 3
200.09 a° total dunce of anew line runnM9 N B fit.- cf-W °Y 0f the t of -w °Y j��""
9 Power and u9 -'`"'
caP for d CUP, thence morgl^ of the 18 of the porol1n with sold ti9h t of -way , v4$I� $
"bar an uthwestern d ht_of�w °y the a9 °h' with sold rig" _ of -way Cp''C�i SCAT lu = 20(Y Gaon GRAW C: C-�8fi2 cop the cap - CanP,'any thence 6,wt0h a the naw 9 e aar and caP' t e o0 o 9a wlei h{ °frVway for for al �A.� 12 113 x09 � V1 1u "FN j�jRT+11.' $£` DWI
a rtew d aaP' ®aid 9 new C pY,GS �ppBY /
$
,8-32769, 3759 E 207 87' tt ° *w rebar and cop 61'In W 255.e56' rebar° and COP, ,Z,2q 61 G' pwf38Y
S to a n W 226.28' .MARS SLM
s 46'3259. E 182.73' 10 °Q new line runnrc�9 SW 2Bq.64' U01*- 336-1 C-6o�35006 s `` YBY'DX =w� r ISLEP S 483259 thence N 57'41 cop, thence N 0-06 rrrr�
7411
673.46•naw Ilne running new rebar, a ;d W 2g5.2� to a
at new r r on
0
N ;8.4720. W 135.42' to
d co w
ainidCap, thence 267 tAe to ° N 7gin rl c. an
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N4a 3anC caP• hence °° Ww 178.36n f0ars0owni on to SQL Fle a ansl Y Fitt 3. 0. to ° new {stortce
Of 523, more or less W.--eo
and caP. the ag °i ^jp gg acres Con ee y °tbn Eas �cOanfel. Ruth M py4.
a total Plat, pf, 5ue onuarY 17.
rebo and P °Q a Dtltted "Efnal 38(J. 2013 and 3 am
P ;
be91n ^�o Survey9, Inc Number 95 her 2
_ aws er" date
andBfiusbon Kendall N won9
►'

APPENDIX B
NCDWR Correspondence

MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
July 19, 2012
Ms. Jessica Kemp
N.C. Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699 -1652 4
Re: Site Viability for Mitigation - McDaniel Farm JUL 2 3 2012
Durham County NC, ECOSYSTEM
ENHANCEMENT PROGRAAA
Dear Jessica,
Lauren Witherspoon and Katie Merritt from the Divisign of Water Quality (DWQ) were asked by
NCEEP to visit the above - referenced site on June 25, 2012. The focus of our review was to determine
the site's potential for nutrient offset and Neuse riparian buffer restoration. Ms. Witherspoon performed
a stream determination and will submit a separate letter to NCEEP showing all streams onsite that are
subject to the Neuse River Buffer Rules. If approved, mitigating this site could provide both riparian
buffer credits and nutrient offset credits within the 8 -digit Hydrologic Unit Code (HUC) 03020201 of
the Falls Watershed in the Neuse River Basin.
The site appeared to be a good candidate for planting Neuse riparian buffers (0 -50 feet from the top of
bank) for riparian buffer credits or nutrient offset credits. Additionally, there were other riparian areas
(0 -200 feet from top of bank) that were good candidates for nutrient offset only.
Please provide a mitigation plan detailing the buffer and nutrient offset restoration for review and
approval prior to initiating the project. Once the project is complete, you must provide an as -built report
showing the total of Neuse riparian buffer and nutrient offset credits that were generated. Please provide
riparian buffer credits generated in both acres and square feet. Please provide nutrient offset credits
generated in acres and pounds. Monitoring reports shall follow the as -built reports to provide DWQ a
means of tracking the project'. s restoration success for a period of at least five years.
DWQ appreciates the opportunity to participate in up -front evaluations of potential buffer and nutrient
offset projects.
Wetlands, Buffers, Stonnwater Compliance & Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: Archdale Bldg., 9th Floor, 512 N. Salisbury St, Raleigh, NC 27604
Phone: [phone] FAX: [phone]
Internet: hap:/ /po0al.ncdenr.org /weblwq /swp/ws /webscape
An Equal Opportunity 1 Affirmative Action Employer
One
NorthCarolina

McDaniel Farm
Page 2 of 2
July 18, 2012
We look forward to future participation with your program in our joint efforts to produce quality
restoration sites that will help improve water quality.
Please feel free to contact Ms. Merritt at (919) 807 -6371 if you have any questions.
Sincerely,.
Karen Higgin�
Wetlands, Buffers, Stormwater Compliance &
Permitting Unit
Cc: File Copy (Katie Merritt)
Lauren Witherspoon - RRO

IYA
NCDEN�t
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild PE Dee Freeman
Governor Director Secretary
August 8, 2012 RECE1Vr
m
2
Ruth McDaniel iAUG m 201_
277 Benny Ross Road C n, _, , VS Durham, Nc 27703 ENHANCED „!ENT PROCRMA
NBRRO# 12 -156
Durham County
Determination Type:
Buffer Call I Isolated or EIP Call
® Neuse (15A NCAC 2B.0233)
❑ Tar - Pamlico (15A NCAC 2B .0259) F-1 Ephemeral /Intermittent/Perennial Determination
❑ Isolated Wetland Determination
❑ Jordan (15A NCAC 2B .0267)
Project Name: McDaniel Farm
Location /Directions: East of the intersection of Benny Ross Road and Baptist Road in Durham
Subject Stream: UT to Falls Lake
Date of Determination: 6/25/2012
*E 11 1P = Ephemeral /lntermittentiPerennial
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Durham, County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject” has been determined not to be a stream or is not present on the property. Features that are checked
"Subject' have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and /or to the Division of Water Quality.
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that
dispute a determination made by the DWQ or Delegated Local Authority may request a determination by tlt%;,
NorthCarolina
11 aturallY
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Intemet: www.newaterquality.org 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX [phone]
An Equal Opportunity /Affirmative Action Employer— 50 % Recycled /10% Post Consumer Paper
Feature
Not
I Subject
Start@
Stop@
Soil
USGS
I Subject
f
Survey
Topo
Al
I { X
i Start A 1— headcut {
Stop At — rock outcrop
X
A2
I { X
I Start A2 {
X {
X
Start B {
X
C
X
I
{
*E 11 1P = Ephemeral /lntermittentiPerennial
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Durham, County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject” has been determined not to be a stream or is not present on the property. Features that are checked
"Subject' have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and /or to the Division of Water Quality.
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that
dispute a determination made by the DWQ or Delegated Local Authority may request a determination by tlt%;,
NorthCarolina
11 aturallY
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Intemet: www.newaterquality.org 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX [phone]
An Equal Opportunity /Affirmative Action Employer— 50 % Recycled /10% Post Consumer Paper

Durham County
Page 2 of 2
Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected
party (including downstream and /or adjacent owners) is notified of this letter.
A request for a determination by the Director shall be referred to the Director in writing c/o Karen Higgins, DWQ
WeBSCaPe Unit, 1650 Mail Service Center, Raleigh, NC 27699.
If you dispute the Director's determination you may file a petition for an administrative hearing. You must file the
petition with the Office of Administrative Hearings within sixty (60) days of the receipt of this notice of decision. A
petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours.
The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00
pm, except for official state holidays. To request a hearing, send the original and one (1) copy of the petition to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699 -6714. The petition may also be
faxed to the attention of the Office of Administrative Hearings at (919) 733 -3478, provided the original and one (1)
copy of the document is received by the Office of Administrative Hearings within five (5) days following the date of
the fax transmission. A copy of the petition must also be served to the Department of Natural Resources, General
Counsel, 1601 Mail Service Center, Raleigh, NC 27699 -1601.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60)
days.
The owner /future owners should notify the Division of Water Quality (including any other Local, State, and Federal
Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This
project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the
Division of Water Quality (Central Office) at (919)- 733 -1786, and the US Army Corp of Engineers (Raleigh
Regulatory Field Office) at (919) -554 -4884.
Respectfully,
Lauren Witherspoon
Environmental Senior Specialist
cc: WeBSCaPe — 1650 Mail Service Center
RRO /SWP File Copy
Eddie Culberson — Durham Soil and Water, 721 Foster Street, Durham, NC 27701
Jessica Kemp -- NCEEP, 1652 Mail Service Center, Raleigh, NC 27699 -1652

i
Durham Wd
O��
'4-
Figure 1. Project Vicinity Map
McDaniel Site - Durham County, NC
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�1.� �,v� y e. Mleheol BSkar Englneerllq,lne.
F.,kw.y
�� .ii�b Cary. NOM Cerdlnv ])518
L F919 083.5988
FM uc 9 91 199635190
fonsemlwn Blstrq
0 1,250 2,500 5,000
FMMNNFMM— =019 Feet
Is

ACME Mapper 2.0 - 10.8 km NE of Bethesda NC Page 1 of 2
�i

NC Division of Water Quality - Methodology for Identification of Intermittent and
Perennial Streams and Their Origins v. 4.11
NC DWQ Stream Identification Form Version 4.11
Date: � I '
Project/Site:
A,
Latitude:
Evaluator: �,�1
County: I>uAqrn
Longitude:
Total Points: t!
Stream is at least intermittent 7
Stream Determination (circle one)
I
Other
I
b
if >_ 19 or perennial if >_ 30*
Ephemeral Intermittent
Perennial
e.g. Quad Name:
A. Geomorphology (Subtotal= t..) E51
Absent
Weak
I
Moderate
Stron
1a. Continuity of channel bed and bank
0
1
2
(3
2. Sinuosity of channel along thalweg
0
2
3
3. In- channel structure: ex. riffle -pool, step -pool,
0
2
3
ripple -pool sequence
I
4. Particle size of stream substrate
0
1
2 %
3
j 5. Active /relict floodplain
0 1
(IT-1 !
2
3
6. Depositional bars or benches
( 0 (
(
2 (
3
7. Recent alluvial deposits
0
1
0
3
8. Headcuts
0
1
3
9. Grade control
0 (
0.5
1.5
10. Natural valley
0
_ 0.5
1 1
0.5
11. Second or greater order channel
ro
=
Yes = 3
a artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal
12. Presence of Baseflow
I 0
1
2 I
3
13. Iron oxidizing bacteria
( 0 (
1 I
2
3
14. Leaf litter
1.5
1
0.5
0
15. Sediment on plants or debris
0
5
1
1.5
16. Organic debris lines or piles
0 00.5
1
1.5
17. Soil -based evidence of high pater table?
No
_0 =
)
Yes = 3
C. Biology (Subtotal = �)
18. Fibrous roots in streambed °
(
_3.,
2
_
( 9)
0
19. Rooted upland plants in streambed
( 3,) (
2 j
1
0
20. Macrobenthos (note diversity and abundance)
I
j°tl` j
1
2
3
21. Aquatic Mollusks
I }
1
2
3
22. Fish
� �
0.5 �
1 �
1.5
23. Crayfish
� 0 1
0.5
1
1.5
24. Amphibians
( �-'J 1
0.5
1
1.5
25. Algae
( Q _.
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:
Sketch:
41

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