20231617 Ver 1_DRAFT_EDurhamPh1A_Lakewood_PRM_MitigationPlan_20231101_20231109

ID#* 20231617 Version* 1
Select Reviewer:
Katie Merritt
Initial Review Completed Date 12/05/2023
Mitigation Project Submittal - 11/9/2023
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Stream Wetlands Buffer Nutrient Offset
(Select all that apply)
Project Contact Information
Company/Owner: * City of Durham
Contact Name: * Email Address:
William Sullivan [e-mail]
Project Information
Project Type: DMS Mitigation Bank
Project Name: Lakewood PRM Buffer Project
County: Durham
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Mitigation Document Type:*
Mitigation Plans
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THE CITY OF DURHAM
LAKEWOOD AVENUE PERMITTEE RESPONSIBLE
RIPARIAN BUFFER MITIGATION SITE -
COMPENSATORY MITIGATION PLAN
UPPER NEW HOPE WATERSHED (HUC 03030002)
W LAKEWOOD AVENUE
DURHAM, DURHAM COUNTY, NORTH CAROLINA
PREPARED FOR:
CITY OF DURHAM
101 CITY HALL PLAZA
DURHAM, NC 27701
I M WATER MANAGEMENT
CITY OF DURHAM
PREPARED BY:
KIMLEY-HORN AND ASSOCIATES, INC.
421 FAYETTEVILLE STREET, SUITE 600
RALEIGH, NC 27601
NOVEMBER 2023
Kimley)))Horn

Lakewood Avenue Buffer PRM- DWR# 20210514
Compensatory Mitigation Plan
Table of Contents
November 2023
1.0
INTRODUCTION............................................................................................................................ 1
2.0
PROJECT BACKGROUND............................................................................................................. 1
I.
E DURHAM PH1A....................................................................................................................1
II.
LAKEWOOD PRM....................................................................................................................1
3.0
EXISTING CONDITIONS................................................................................................................2
4.0
AVAILABLE MITIGATION CREDIT..................................................................................................2
5.0
PROPOSED COMPENSATORY RIPARIAN BUFFER MITIGATION PLAN...........................................3
1.
OBJECTIVE.............................................................................................................................. 3
II.
SITE SELECTION.....................................................................................................................3
III.
SITE PROTECTION...................................................................................................................5
IV.
BASELINE CONDITIONS...........................................................................................................5
V.
DETERMINATION OF CREDIT...................................................................................................5
VI.
MITIGATION WORK PLAN.........................................................................................................6
VI1.
MAINTENANCE.........................................................................................................................7
VIII.
PERFORMANCE STANDARDS...................................................................................................7
IX.
MONITORING...........................................................................................................................8
X.
LONG TERM MANAGEMENT PLAN........................................................................................... 8
XI.
ADAPTIVE MANAGEMENT PLAN...............................................................................................8
XI I.
FINANCIAL ASSURANCE.......................................................................................................... 9
APPENDICES
APPENDIX 1: FIGURES
- FIGURE 1: PROJECT SITES VICINITY MAP
- FIGURE 2A: E DURHAM PH1A PROJECT JURISDICTIONAL FEATURES MAP
- FIGURE 2B: LAKEWOOD PROJECT JURISDICTIONAL FEATURES MAP
- FIGURE 3: LAKEWOOD PROJECT LISGS TOPOGRAPHIC MAP
- FIGURE 4: LAKEWOOD PROJECT NRCS SOIL SURVEY FIGURE
- FIGURE 5: WATERSHED MAP
APPENDIX 2: VIABILITY ASSESSMENT
APPENDIX 3: LAKEWOOD CREDIT GENERATION FIGURE
APPENDIX 4: EASEMENT INFORMATION
APPENDIX 5: EAST DURHAM PHASE 1A PERMIT DRAWINGS
APPENDIX 6: LAKEWOOD PLANTING PLANS
fl

Lakewood Avenue Buffer PRM- DWR# 20210514
Compensatory Mitigation Plan
1.0 INTRODUCTION
November 2023
The City of Durham is seeking to permit impacts to regulated resources, including riparian buffers,
for implementation of Phase 1A of the East Durham Water, Sewer, and Stormwater Improvements
Project (referred to herein as "E Durham PhlX). Because the E Durham PhlA Project will require
buffer mitigation in accordance with the State of North Carolina's Jordan Lake Water Supply
Watershed Buffer Rule (15 NCAC 02B .0267) and no private mitigation bank or State in lieu fee
mitigation credits are available in the Upper New Hope Creek Watershed, the City has identified
the Lakewood Avenue Sewer Replacement Project as an opportunity to provide Permittee
Responsible Mitigation (PRM) Buffer Credits for the proposed buffer impacts. Figure 1 shows the
location and proximity of the two projects.
2.0 PROJECT BACKGROUND
E DURHAM PH1A
The E Durham PhlA Project is part of a multi -phase sewer, water, and stormwater
infrastructure project proposed by the City of Durham to replace and rehabilitate utilities
in East Durham. The E Durham PhlA Project is proposed to address aging infrastructure
and inflow infiltration to the system, move the existing sewer lines away from streams,
convert aerial sewer crossings to subterranean crossings, move existing sewers out from
under four homes, ensure future capacity, and alleviate stormwater flooding in the area.
In total, E Durham PhlA proposes to replace or rehabilitate approximately 3,200 linear
feet of sewer line, 2,100 linear feet of water line, and 260 linear feet of stormwater line. As
a result of these critical infrastructure improvements, new permanent maintenance
easements and utility crossings will be necessary within the protected Jordan Lake Water
Supply riparian buffer zones. In accordance with the Jordan Lake Water Supply
Watershed Buffer Rule, impacts resulting from non -electric perpendicular utility crossings
disturbing greater than 40 linear feet with a maintenance corridor of greater than 10 feet
in width and impacts resulting from non -electric utilities other than perpendicular crossings
in Buffer Zone 1 require compensatory buffer mitigation. In total, the E Durham PhlA
project will require 22,509 square feet of compensatory buffer mitigation credits.
II. LAKEWOOD PRM
Due to the N.C. Division of Mitigation Services (NCDMS) suspending the In -Lieu Fee (ILF)
program for buffer credits within the Upper New Hope Creek Watershed and the lack of
third -party private mitigation banks with buffer credits available in the Upper New Hope
Creek Watershed, the City of Durham's Lakewood Avenue Sewer Replacement Project
was identified as an opportunity to provide PRM buffer credits needed for the E Durham
PhlA Project. The Lakewood Avenue Sewer Replacement Project is a stream and buffer
restoration project with a sanitary sewer improvement component that is composed of
three separate project areas. A Site Viability Assessment for Buffer Mitigation was
conducted within the three Lakewood project areas by Katie Merritt of the N.C. Division of
Water Resources (NCDWR) on November 16, 2022, and as a result, it was determined
by the City of Durham that Area 2 of the Lakewood Avenue Sewer Replacement Project
(hereinafter "Lakewood PRM") would be best suited to satisfy the buffer credit need for
the E Durham PhlA Project (Appendix 2). Lakewood PRM was previously permitted
under a Nationwide Permit (NWP) #3 and #27 for Utility Maintenance and Aquatic Habitat
Restoration, Enhancement, and Establishment Activities (SAW-2021-00554; DWR#
20210514). The proposed stream and buffer improvements to the Lakewood PRM Site

Lakewood Avenue Buffer PRM- DWR# 20210514
Compensatory Mitigation Plan
November 2023
include the grading of damaged and unstable banks to match natural contours, the
placement of rip rap and boulder toe protection along stream banks for stabilization, the
construction of riffles within the streambed, invasive species removal, and the native
plantings within the buffer zones. Construction of the stream and buffer restoration
activities within the Lakewood PRM Site has not commenced, and the NWP has expired
as of March 18, 2022. Since that time, the sewer replacement activities have moved
forward with construction under a non -reporting NWP #3. An updated permit application
for the proposed Lakewood PRM Site will be submitted prior to the construction.
3.0 EXISTING CONDITIONS
The E Durham PhlA Site is situated north of Price Avenue, south of E. Umstead Street, west of
S. Alston Avenue, and east of Fayetteville Street in Durham, Durham County, NC. The area
surrounding the E Durham PhlA Site is largely urban, composed primarily of residential housing
and commercial development. The E Durham PhlA Site currently exists as a utility corridor
running below existing streets and along narrow riparian corridors in a primarily residential area.
A delineation of the E Durham PhlA Site was conducted by Kimley-Horn staff on November 19,
2020, and identified two unnamed tributaries to Third Fork Creek (S1 and S2) within the project
corridor (Figure 2a). A Preliminary Jurisdictional Determination (SAW-2021-00103) was
approved by April Norton of the USACE on January 15, 2021. Additionally, a Surface Water and
Buffer Determination Letter (NBRRO #21-012) was approved by Stephanie Goss of NCDWR on
March 12, 2021.
The proposed Lakewood PRM Site is located northwest of the W Lakewood Avenue and
Blackwell Street intersection in the City of Durham, Durham County, NC. The Lakewood PRM
Site is situated parallel to the American Tobacco Trail greenway and is generally bounded to the
east by the American Tobacco Trail, to the north and west by multi -family residential
developments, and to the south by a commercial property and W Lakewood Avenue. The
Lakewood PRM Site currently exists as an urban stream corridor with buffers composed of
invasive species and steep, eroding banks along Stream S4, an intermittent tributary to Third Fork
Creek (Figures 2b, 3, and 4). A Preliminary Jurisdictional Determination (SAW-2021-00554) was
approved by April Norton of the USACE on May 13, 2021. Additionally, a Surface Water and
Buffer Determination Letter (NBRRO #21-67) was approved by Cheng Zhang of NCDWR on May
4, 2021.
Both the E Durham PhlA Site and the Lakewood PRM Site are located within the Cape Fear
River Basin, Jordan Lake — Upper New Hope Watershed (HUC 03030002) and drain to Third Fork
Creek (HUC 030300020602), a tributary to Jordan Lake (Figure 5). The Upper New Hope Creek
Watershed outside of the Jordan Lake State Park is largely developed and composed primarily
of residential developments interspersed with moderately dense industrial and commercial
developments and narrow riparian corridors. Third Fork Creek is classified as a Water Supply
Watershed V and Nutrient Sensitive Water.
4.0 AVAILABLE MITIGATION CREDIT
The proposed E Durham PhlA Project will result in permanent, no net loss of water impacts and
temporary impacts to two perennial streams (S1 and S2) as well as their associated Jordan Lake
Watershed Buffer Zones 1 and 2. In accordance with the Jordan Lake Water Supply Watershed
Buffer Rule, the City of Durham proposes to provide compensatory buffer mitigation at a 3:1 ratio
for mitigatable Buffer Zone 1 impacts and at a 1.5:1 ratio for mitigable Buffer Zone 2 impacts. In

Lakewood Avenue Buffer PRM- DWR# 20210514 November 2023
Compensatory Mitigation Plan
total, the E Durham Phl A Project will require 22,509 square feet of compensatory buffer mitigation
credits.
In accordance with NC General Assembly Session Law 2011-343, obtaining the required riparian
buffer credits from a third -party mitigation bank is the preferred methodology. However, no third -
party mitigation banks located within the E Durham PhlA Site Service Area (US Geological
Survey [USGS] 8-digit Hydrologic Unit Code [HUC] 03030002 - Upper New Hope Watershed)
have enough buffer credits to fulfill the E Durham PhlA Project need.
The second option outlined in Session Law 2011-343 is payment into the NCDMS ILF program.
However, the NCDMS has temporarily suspended the acceptance of ILF payments in the Upper
and Lower New Hope Buffer Service Areas; therefore, this mitigation approach is not currently
available for the proposed impacts.
The third option is for applicants to provide on -site or off -site Permittee Responsible Mitigation
(PRM). A restoration or enhancement mitigation plan approved by the NCDWR is required by the
applicant or mitigation provider for this option. For this project, PRM via restoration of a riparian
buffer within the watershed has been selected as the most feasible and practical solution for the
proposed impacts resulting from the E Durham PhlA Project. To fulfill this need, the City of
Durham proposes to restore portions of riparian Buffer Zones 1 and 2 within the proposed
Lakewood PRM Site conservation easement as described below (Appendix 3).
5.0 PROPOSED COMPENSATORY RIPARIAN BUFFER MITIGATION PLAN
The following sections outline the components of the proposed mitigation plan for the Lakewood
PRM Site that will provide compensatory riparian buffer mitigation for the unavoidable impacts
resulting from the sewer line replacement and the associated new easements within the E
Durham PhlA Site.
OBJECTIVE
Due to the lack of available third -party mitigation bank credits and suspended NCDMS ILF
program within the watershed, the City of Durham is submitting this proposed
compensatory riparian buffer mitigation plan for the establishment and use of riparian
buffer mitigation credits through the restoration of riparian buffer within the Lakewood PRM
Site.
The City of Durham intends to restore the riparian buffers of the unnamed tributary to Third
Fork Creek (Stream S4) located within the Lakewood PRM Site as compensatory
mitigation for unavoidable riparian buffer impacts to tributaries to Third Fork Creek
(Streams S1 and S2) resulting from the E Durham PhlA Project.
II. SITE SELECTION
The proposed Lakewood PRM Site and E Durham PhlA Site are both located within the
USGS 12-digit HUC 030300020602 and the B Everett Jordan Lake -Upper New Hope
River Watershed. The Lakewood PRM Site is located approximately 0.55-mile northwest
of the E Durham PhlA Site. On November 16, 2022, Ms. Katie Merritt with the NCDWR
performed a Site Viability Assessment of the proposed Lakewood PRM Site. The
Lakewood PRM Site consists of three separate areas located along W Lakewood Avenue
(Lakewood Areas 1, 2, and 3). Based on the Site Viability Assessment and credit needs,

Lakewood Avenue Buffer PRM- DWR# 20210514
Compensatory Mitigation Plan
November 2023
the City of Durham has selected Lakewood Area 2 to serve as the Lakewood PRM Project
and fulfill the E Durham Ph1A mitigation requirements. More information regarding the
selected PRM Site (Lakewood Area 2) is detailed below, and in the attached Site Viability
for Buffer Mitigation Approval Letter (Appendix 2):
The Lakewood PRM Site (Lakewood Area 2) is situated parallel to the American
Tobacco Trail greenway and is generally bounded to the east by the American
Tobacco Trail, to the north and west by multi -family developments, and to the south
by a commercial property and W Lakewood Avenue. The proposed buffer
mitigation area at the Lakewood PRM Site is constrained by the American Tobacco
Trail facilities to the east, W Lakewood Avenue right-of-way and privately owned
property to the south, and privately owned property to the north and west.
Additionally, the southern portion of the proposed Lakewood PRM Site buffer
mitigation area is crossed perpendicularly by a sanitary sewer easement. Based
on a review of Google Earth historical aerial imagery, the Lakewood PRM Site
previously existed as an abandoned railroad corridor until it was redeveloped as
the American Tobacco Trail in the early 2000's. The surrounding residential and
commercial land uses within the project vicinity have not changed since 1993.
The proposed Lakewood PRM Site currently exists as an urban stream corridor
with vegetated buffers and steep, eroding banks along Stream S4, an intermittent
tributary to Third Fork Creek. Vegetation within the riparian zone is dominated by
invasive species, including kudzu (Pueraria montana), Chinese wisteria (Wisteria
sinensis), and multiflora rose (Rosa multiflora) and contains very few woody stems.
The proposed stream and buffer improvements to the Lakewood PRM Site have
been designed and include grading of damaged and unstable banks to match
natural contours, the placement of rip rap and boulder toe protection along stream
banks for stabilization, the construction of riffles within the streambed, invasive
species removal, and the native plantings within the buffer zones. Additionally, the
Lakewood Avenue project includes maintenance and improvements to the existing
sanitary sewer line perpendicularly crossing the stream channel.
Lakewood PRM was previously permitted under a Nationwide Permit (NWP) #3
and #27 for Utility Maintenance and Aquatic Habitat Restoration, Enhancement,
and Establishment Activities (SAW-2021-00554; DWR# 20210514). Construction
of the stream and buffer restoration activities within the Lakewood PRM Site has
not commenced, and the NWP has expired as of March 18, 2022. An updated
permit application for the proposed Lakewood PRM Site will be submitted prior to
the construction.
The E Durham Ph1A Site will require a total of 22,509 square feet of riparian buffer area
mitigation credits. In accordance with the Consolidated Buffer Mitigation Rule (15A NCAC
02B .0295), due to the location of the proposed Lakewood PRM Site within the same 12-
digit HUC as the E Durham Ph1A Site, a Iocational ratio of 0.75:1 applies to this mitigation
proposal. Taking into account the 0.75:1 Iocational ratio, the Lakewood PRM Site will need
to generate 16,882 square feet of buffer credits to offset the impacts proposed as part of
the E Durham Ph1A Project. After completion of the Lakewood PRM Project, the City of
Durham will have restored a total of 17,399 square feet of riparian buffer area. Not only
will the restoration of these resources more than offset the unavoidable impacts from the
E Durham Ph1A Project, but the restoration and permanent conservation easement will
also ensure the integrity of the tributary to Third Fork Creek into the future.

Lakewood Avenue Buffer PRM- DWR# 20210514
Compensatory Mitigation Plan
III. SITE PROTECTION
November 2023
The City of Durham has acquired a permanent conservation easement covering the
proposed Lakewood PRM Site. The permanent easement was acquired prior to the City's
interest in establishing Lakewood Area 2 as a PRM Buffer Site. The purpose of the
permanent easement is to maintain and protect the stream and buffer restoration in
perpetuity to aid in the protection and improvement of water quality in the Third Fork Creek
Watershed by reducing nutrients, such as nitrogen and phosphorous, and sediment, as
well as to prevent future use of the easement area in ways that would significantly impair
or interfere with the protection and improvement of water quality in the Third Fork Creek
watershed.
In coordination with Katie Merritt of the NCDWR, it was determined that the City of
Durham's established permanent conservation easement did not fully meet the intent of
the Site Protection standards set forth in Section (L)(2) of the Consolidated Buffer
Mitigation Rule. To address deficiencies in the established permanent conservation
easement, the City has prepared a supplemental commitment document approved by City
Council and signed by the City Manager to be followed in perpetuity and appended to this
approved mitigation plan titled "City of Durham Commitment to the Long -Term
Stewardship of the Lakewood Permittee Responsible Mitigation Site" (see Appendix 4 for
both the recorded easement plat and the supplemental commitment document).
IV. BASELINE CONDITIONS
The E Durham Ph1A Site will permanently impact 7,503 square feet of Buffer Zone 1,
where impacts are considered allowable with mitigation. The E Durham Ph1A Site and
proposed Lakewood PRM Site are located in the Cape Fear River Basin (Jordan Lake
Watershed), USGS 12-digit HUC 030300020602. Land use in the vicinity of both projects
contains a mix of suburban development and is composed primarily of single and multi-
family residential developments, commercial developments, and transportation and
sidewalk corridors.
The riparian buffers within the E Durham Ph1A Site consist of canopy species such as
tulip poplar (Liriodendron tulipifera), red maple (Acer rubrum), and sweet gum
(Liquidambar styraciflua). The understory is dominated by Chinese privet (Ligustrum
sinense), an invasive species, and sparse red maple (Acer rubrum) and sweet gum
(Liquidambar styraciflua) saplings. Herbaceous and woody vine species consist of
common greenbrier (Smilax rotundifolia), grape vine (Vitis rotundifolia), and Japanese stilt
grass (Microstegium viminuem), an invasive species.
The proposed Lakewood PRM Site currently exists as an urban stream corridor with
vegetated buffers and steep, eroding banks along Stream S4, an intermittent tributary to
Third Fork Creek. Vegetation within the riparian zone lacks stratification and is dominated
by invasive species including kudzu (Pueraria montana), Chinese wisteria (Wisteria
sinensis), and multiflora rose (Rosa multiflora). Very few woody stems are present
throughout the riparian zone.
V. DETERMINATION OF CREDIT
The required mitigation credits were calculated using guidance outlined in the North
Carolina Consolidated Buffer Mitigation Rule. Buffer Zone 1 impacts within the Jordan
5

Lakewood Avenue Buffer PRM- DWR# 20210514
Compensatory Mitigation Plan
November 2023
Lake Watershed are subject to a compensatory mitigation ratio of 3:1. Mitigation provided
within the same 12-digit HUC as the proposed impact site shall use the locational ratio of
0.75:1 (Section (f) of the Consolidated Buffer Mitigation Rule). The 7,503 square feet of
Buffer Zone 1 impacts proposed as part of E Durham Ph1A will therefore require 16,882
square feet of credits in compensatory mitigation (Appendix 5).
The proposed riparian buffer mitigation credits generated by the proposed Lakewood PRM
Site were calculated based on the following guidelines from Section (n)(1) of the
Consolidated Buffer Mitigation Rule:
• Restoration of riparian buffers generate mitigation credits at a ratio of 1:1 (as
determined applicable in the field by NCDWR, Appendix 2).
• Buffer restoration in areas of buffer width less than 20 feet receive 0% of full
credit.
• Buffer restoration in areas of buffer width between 20 and 29 feet receive 75%
of full credit.
• Buffer restoration in areas of buffer width between 30 and 100 feet receive
100% of full credit.
• Buffer restoration in areas of buffer width between 101 and 200 feet receive
33% of full credit.
Utilizing this calculation method, the proposed Lakewood PRM Site will generate
approximately 17,399 square feet of buffer credits. The proposed riparian buffer mitigation
buffer areas utilized to calculate the credit yield at the Lakewood PRM Site are shown in
Appendix 4.
VI. MITIGATION WORK PLAN
The proposed stream and buffer improvements to the Lakewood PRM Site have been
designed and include grading of damaged and unstable banks to match natural contours,
the placement of rip rap and boulder toe protection along stream banks for stabilization,
the construction of riffles within the streambed, invasive species removal, and native
plantings within the buffer zones. Proposed grading back of stream banks and the
installation of stream stabilization structures will be utilized to prevent future erosion into
the buffer. Invasive species within the restoration area will be actively managed by hand
pruning and clearing the species from the buffers. Targeted species for removal will
include kudzu (Pueraria montana), Chinese wisteria (Wisteria sinensis), and multiflora
rose (Rosa multiflora), with an emphasis on opening up the understory within the
restoration area to allow for supplemental plantings and natural revegetation to propagate
within the riparian buffer.
The conservation easement area will be restored through select plantings of natural
hardwood species in order to provide species stratification, density, and diversity
appropriate for the development of a mature forested riparian buffer. Planting will be
conducted as part of the stream and buffer restoration process. If needed, supplemental
plantings will occur during the 5-year monitoring period. Species will be planted in three
zones (Planting Zones 1 — 3) across the Lakewood PRM Site. Planting Zone 1 is located
between the normal water elevation and bankfull and will be planted with live stakes and
herbaceous plugs; Planting Zone 2 is located between bankfull and to the boundary of the
proposed conservation easement and will be planted with riparian tubelings; and Planting

Lakewood Avenue Buffer PRM- DWR# 20210514
Compensatory Mitigation Plan
November 2023
Zone 3 is located inside the adjacent sanitary sewer easement (outside credit generation
area) and will be seeded with a native easement and right-of-way seed mix. Plant spacing
in Planting Zone 1 will be 3-4' on center and total 250 stems per 1,000 square feet. Plant
spacing in Planting Zone 2 will be 8-12' on center and total 15 stems per 1,000 square
feet. Additional information regarding planting information is included in the Lakewood
Avenue Sewer Replacement Planting Notes and Details (Appendix 6). Species to be
planted include the following:
Trees and Shrubs
Planting Zone 1
• Button bush (Cephalanthus occidentalis)
• Black willow (Salix nigra)
• Silky willow (Salix sericea)
• Elderberry (Sambucus canadensis)
• Silky dogwood (Corpus amomum)
• Soft rush (Juncus effusus)
• Shallow sedge (Carex lurida)
Planting Zone 2
• Southern arrowhead (Viburnum dentatum)
• Silky dogwood (Corpus amomum)
• Beautyberry (Callicarpa americans)
• Button bush (Cephalanthus occidentalis
• Red chokeberry (Photinia pyrifolia)
• Tag alder (Alnus serrulate)
Documentation that the riparian buffer has been restored will be provided in a baseline
monitoring report submitted to the NCDWR within one year after approval of the mitigation
plan. Written annual reports will be submitted for five years following completion of
construction to show compliance with the approved monitoring plan.
VII. MAINTENANCE
The condition of the Lakewood PRM Site riparian buffers will be maintained based on
annual monitoring and site inspection reports until the mitigation project and monitoring
has met the performance standards described in Section VIII . Following completion of the
annual monitoring period, the City of Durham will perform annual inspections to treat
invasive species and monitor the condition of the conservation easement in perpetuity.
The riparian buffer will be maintained with the continued targeting of invasive species and
compliance with the use restrictions within the conservation easement by the City of
Durham as outlined in Appendix 4.
VIII. PERFORMANCE STANDARDS
Based on restoration activities, appropriate performance standards include the presence
of 260 stems per acre at the completion of monitoring, including at least four native
hardwood tree species or four native hardwood tree and hardwood native shrub species,
with no species exceeding 50% of stems. The final standard of 260 stems per acre at five
years may include native tree and non-invasive shrub volunteer species.
Initial planting density is outlined in the Lakewood Avenue Sewer Replacement Planting
Notes and Details in Appendix 6 and prescribed stocking density will be sufficient to meet
the 260 hardwood stems per acre criteria in the restoration area after five years.
Within one year following approval of the mitigation plan, the City of Durham will present
documentation that the riparian buffer has been successfully restored. Annual monitoring
will continue for five years (or until performance criteria is satisfied) from the proposed

Lakewood Avenue Buffer PRM- DWR# 20210514
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November 2023
Lakewood PRM Site completion, and a written annual report will be submitted to
demonstrate both compliance with the approved monitoring plan and the continued
maintenance of diffuse flow through the riparian buffer. Based on the written annual
reports of the targeted species management activities, select plantings of native hardwood
vegetation referenced above in Section VI and on -going invasive species treatments will
be conducted, as required by the NCDWR, to ensure the reestablishment and vigor of
native vegetation. Invasive vegetation will be managed to ensure the survival and normal
growth of native plantings and non-invasive, naturally propagated species. The success
of the proposed native plantings and desired naturally propagated species will largely
depend on the control of nuisance vegetation.
At the end of the five-year monitoring period, a summary closeout report will be prepared
and submitted to the NCDWR for review.
IX. MONITORING
The Site will be monitored annually for five years to ensure that the restored buffers are
meeting performance criteria. During annual site inspections, the buffer restoration areas
and overall site conditions will be photo -documented, encroachment and re-establishment
of invasive species will be documented, and vegetation stem density counts will be
conducted. In addition, site inspections will ensure access limitations are followed and
are functioning accordingly.
X. LONG TERM MANAGEMENT PLAN
The NCDWR and City of Durham concurred that a Commitment signed by the City
establishing the City's roles and responsibilities in this Permittee Responsible Mitigation
undertaking would be necessary to supplement the City's existing conservation easement
in order to fulfill the perpetual easement requirements outlined in Section (L)(2) of the
Consolidated Buffer Mitigation Rule. The signed City of Durham Commitment to the Long -
Term Stewardship of the Lakewood Permittee Responsible Mitigation Site is attached in
Appendix 4 and will be binding through the conditions of the approved E Durham Ph1A
Riparian Buffer Authorization.
The City of Durham Department of Public Works or its successors will serve as the primary
long-term steward of the Lakewood PRM Project. The Department of Public Works
currently serves as the long-term steward of five additional conservation easements held
by the State of North Carolina and originally platted for the N.C. Ecosystem Enhancement
Program (NCEEP) projects and located within the City of Durham. Upon close out of the
monitoring period, the Department of Public Works will add the Lakewood PRM Site to
their stewardship contract.
Long-term stewardship of the Lakewood PRM Site is anticipated to include the annual
assessment of the conservation easement for unauthorized access, invasive species
treatments, and vegetation management.
XI. ADAPTIVE MANAGEMENT PLAN
The City of Durham will notify the NCDWR at any point during the five-year monitoring
period if a significant change occurs within the Lakewood PRM Site that could jeopardize
the stream and riparian buffer restoration area or the conservation easement area.

Lakewood Avenue Buffer PRM- DWR# 20210514
Compensatory Mitigation Plan
November 2023
Additionally, as part of the long-term stewardship plan, the City will continue to treat
invasive species to ensure success and preservation of the restored riparian buffer.
XII. FINANCIAL ASSURANCE
Construction Financing
The City of Durham Public Works Department has solicited bids and selected a contractor
to implement the Lakewood Avenue Sewer Replacement Project. After approval of this
mitigation plan and, after the E Durham PhlA Site project receives buffer authorization,
the selected contractor will be released to begin the stream and buffer restoration process.
A copy of the Lakewood Avenue Sewer Replacement Project bid package and associated
line item in the City budget can be provided upon request.
Monitoring and Maintenance
The City of Durham Department of Water Management has accounted for five years of
annual monitoring and additional contingency fees that may be necessary to maintain or
correct any deficiencies identified during the monitoring period within the Wastewater
Capital Improvements Project budget. A copy of the Wastewater Capital Improvements
Project budget and associated line item in the City budget can be provided upon request.
Long -Term Stewardship
Upon closeout of the Lakewood PRM Project, the City of Durham Department of Public
Works, or its successors, will add the Lakewood PRM Site to their stewardship contract.
The Department of Public Works anticipates that the addition of the Lakewood PRM Site
to the contract is projected to increase the annual expense by approximately $770 (2022
dollars). A copy of the most current contract for stream vegetation management and
anticipated line item in the City budget can be provided upon request.

APPENDIX
FIGURES

Project Coordinates merce Libert
E Durham Project Study Area: 35,987409,-78.906199 y
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lina
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DURHAM Project Locations
WAKE I
CHATHAM
Figure 1: Vicinity Map
Kimley>>> Horn East Durham Water and Sewer Rehabilitation Project
and Lakewood PRM Site
Durham, Durham County, NC
September 2023

Kimley>>> Horn
n(D
Simmons St
jP
Feet
i 0 175 350
� Legend
Jurisdictional Streams Top of Bank
f C3 Jordan Lake Watershed Buffer Zone 1
' Jordan Lake Watershed Buffer Zone 2
E Durham Project Study Area
Figure 2a: Jurisdictional Features Map
East Durham Water and Sewer Rehabilitation Project
Durham, Durham County, NC
August 2023

'• � • ram- '�•
LJos� # �'•� w
S4
S1
Feet
0 100 200
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/
+R
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•i
/
Jurisdictional Stream Top of Bank
C3Jordan
Lake Watershed Buffer Zone 1
C3Jordan
Lake Watershed Buffer Zone 2
rr�
Permanent Stream Conservation Easement
— J
(Proposed Lakewood PRM Site)
Figure 2b: Jurisdictional Feautres Map
Lakewood PRM Site
Durham, Durham County, NC
September 2023

COBB
f�
T�
r
Legend
Feet
0 200 400
Kimley>>> Horn
Permanent Stream Conservation Easement
(Proposed Lakewood PRM Site)
Figure 3: USGS Topographic Map
Lakewood PRM Site
Durham, Durham County, NC
September 2023

Wwi; - �WWL .,i
�r up
0 200
Kimley>>> Horn
fI
9l�
'rVwE \.
f
Legend
Permanent Stream Conservation Easement
(Proposed Lakewood PRM Site)
Figure 4: NRCS Soil Survey Map
Lakewood PRM Site
Durham, Durham County, NC
September 2023

APPENDIX 2
VIABILITY
ASSESSMENT

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
February 27, 2023
City of Durham
Attn: Harmon Henderson
(via electronic mail: harmon.hendersongdurhamnc.gov )
Re: Site Viability for Buffer Mitigation — Lakewood PRM Buffer Site Area 2
Near 35.987194,-78.908023 off Lakewood Avenue, Durham, NC
Upper New Hope Subwatershed
Durham County
Dear Mr. Henderson,
On September 22, 2022, Katie Merritt, with the Division of Water Resources (DWR), received a
request from you on behalf of the City of Durham (City) for a site visit near the above -referenced site
in the Upper New Hope Subwatershed of the Cape Fear River Basin. The site visit was to determine
the potential for buffer mitigation within a proposed conservation easement boundary, which is more
accurately depicted in the attached maps labeled "Overall" and "Area 2" prepared by Kimley Horn
and edited by DWR. The proposed easement boundaries on the attached maps, include all riparian
areas intended to be proposed as part of the buffer mitigation site. On November 16, 2022, Ms.
Merritt performed a site assessment of the subject site. Staff with the City and Kimley Horn were
also present. Main site constraints identified on this site were the following:
• UTILITIES: Sanitary sewer line, water line, power line
o Utility lines shall not be within a conservation easement or within riparian areas
where buffer mitigation credits are proposed to be generated.
• EXISTING INFRASTRUCTURE: culverts, stormwater drains, American Tobacco
Road Trail greenway, pedestrian side -walk
o No infrastructure or impervious areas below or above the ground will be allowed
to be within a conservation easement or within riparian areas where buffer
mitigation credits are proposed to be generated.
o Documentation showing proof that no underground infrastructure is located
within riparian areas proposed for buffer mitigation credits will be required.
• EXISTING EASEMENTS:
o Conservation easements recorded for purposes of complying with 15A NCAC
02B .0295 for the buffer mitigation site shall not be recorded over existing
easements. Especially if the restrictions, purpose and intent of the conservation
easement for the buffer mitigation site will contradict existing easements or
where existing easements will not meet the intent of protecting riparian resources
for generating buffer mitigation in perpetuity.
D E Q � North Carolina Department of Environmental Quality I Division of Water Resources
111 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH C of Envi A 919.707.9000
Deparlmem of Envlronmenml Duali�

Lakewood Area 2 Site
City of Durham
February 27, 2023
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.
Feature
Classification
onsite
'Subject
Riparian Land uses
adjacent to Feature
Buffer
Credit
'Nutrient
Offset
','Mitigation Type Determination w/in
to
riparian areas
Buffer
0( 200')
Viable
Viable
Rule
S4
Urban Stream
Yes
non -forested urban
ZYes
No
Non forested urban: Restoration Site per
riparian areas
15A NCAC 02B .0295 (n)
Where there is a sewer easement located
within the riparian areas, the proposal for
buffer mitigation must comply with 15A
NCAC 02B .0295 (1)(4). All information
shall be included in a restoration plan for
DWR review.
No credits allowed within DOT right of
ways
'Subjectivity calls for the features were determined by DWR in correspondence dated May 4, 2021 (NBRRO#21-67) 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.
'NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer
Establishment
4 Determinations made for this Site are determined based on the proposal provided in maps and figures submitted with the request.
5 All features proposed for buffer mitigation or nutrient offset, must have a planted conservation easement established that includes the
tops of channel banks when being measured perpendicular and landward from the banks, even if no credit is viable within that riparian
area.
'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 proposed easement boundaries showing
proposed mitigation areas and features shown in the attached map. The maps representing the
proposal for the site are attached to this letter and initialed by Ms. Merritt on February 27, 2023.
Substantial changes to the proposed easement boundaries as well as any site constraints identified in
this letter, could affect the Site's potential to generate buffer mitigation credits.
This letter does not constitute an approval of this Site to generate buffer mitigation 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.
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 mitigation credits.
Page 2 of 3

Lakewood Area 2 Site
City of Durham
February 27, 2023
This viability assessment will expire on February 27, 2025 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,
Attachments: Overall map, Area 2 map
cc: File Copy (Katie Merritt)
w1 D'ooc�u,Siigned by:
W v
A43C72700BD543E...
Katie Merritt, Acting Supervisor
401 and Buffer Permitting Branch
Page 3 of 3

APPENDIX 3
LAKEWOOD PRM SITE
CREDIT GENERATION

APPENDIX 4
EASEMENT INFORMATION

Book9486 - Page 376 Page 1 of 5
For Registration Sharon A, Davis
Register of Deeds
Durham County, NC
Electronically Recorded
2021 Oct 06 11:18 AM
Book: 9486 Page:376
NC Rev Stamp: $ 1.00 Fee: $ 26.00
Instrument Number: 2021050938
DEED
Prepared by Elizabeth A. Hyland, Attorney at Law
Return after recording to M. Filter, General Services Department, City of Durham, 101 City hall Plaza, Durham, NC 27701.
Excise Tax: $0.00
NORTH CAROLINA - DURH.AM COUNTY DEED OF EASEMENT
This Deed, made and entered into this the 30 day of Sept., 2021, by and between Morehead at Lakewood Ave.
LLC ("Grantor") and City of Durham ("City" or "Grantee");
For valuable consideration to Grantor in hand paid, the receipt of which is hereby acknowledged, Grantor has given, granted,
bargained, and sold and does by these presents, give, grant, bargain, sell and convey unto Grantee and its heirs, successors,
and assigns the following parcel of land, lying and being in said County and State, described as follows.
PERMANENT EASEMENT. A permanent easement (hereinafter "Easement Area" or "Permanent Stream
Easement") containing approximately 22,624 square feet, running across parcel 4222559 (1019 South Duke Street,
Durham, NC 27707) ("the Property"), and shown on an exhibit entitled "Easement Exhibit: Grantor Morehead at
Lakewood, LLC; Grantee - City of Durham; Lakewood Avenue Stream Restoration Project", prepared by Cooper and
Associates, PLS No. C-1461, which is attached hereto as Exhibit A, is incorporated herein, and to which reference is
made for the particular description of the location of the permanent easement.
The uses and prohibitions on use for the easement granted herein are more particularly described in Exhibit B, entitled
"Permanent Stream Easement Uses, Lakewood Avenue Stream Stabilization".
TO HAVE AND TO HOLD all and singular the aforesaid easements by Grantee and Grantee's heirs, successors, and
assigns forever.
The designation "Grantor" and "City" or "Grantee" as used herein shall include said parties, their heirs, successors, and
assigns The plural in this deed shall include the singular unless the context otherwise requires All books referred to are
in the office of the Register of Deeds of Durham County, unless otherwise stated.
The Easement Area does not include the primary residence of Grantor.
rN TESTIMONY WHEREOF, Grantor has set its hand and sea] as of the date first above written.
MOREHEAD AT LAKEWOOD AVE, LLC
By its Managing Member, GL Holdings, LLC
By its Manager Ca 'fornia Commercial Multi -Family Inc.
(SEAL)
Name a ett
Title: President
STATE OF ACKNOVY1,EVV3rMENT BY CORPORATION
COUNTY OF
I, a notary public in and for the aforesaid county and state.-"dify that personally appeared
before me this day and stated that s/he is __- " of California Commercial Multi -Family Inc, a corporation,.
and that by authority duly given and as the act of the corporation, slhe signed, under seal, the foregoing instrument. This
the day of ........... ,20
My commission expires:}
• ,. 0 `l I _ Notary Public
submitted electronically by "City of Durham"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Durham county Register of Deeds.

Book9486 - Page 377 Page 2 of 5
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California 1
County of Qr1CI7V Jr
On ,]2 ",c } l� before me,
Date Here Insert Name acid Title of the Officer
personally appeared
Nome(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
AUCIA DAVIS
Notary Public • California =
Z Ventura County f
Commission 412373080
*My Comm. Expires Sep 1, 2025
Place Notary Seal and/or Stamp Above
_...........................................
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature`
Signature of Notary Public
OPTIONAL _..
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document bate:
Signer(s) Other Than Named Above:
Capacity(lies) Claimed by Signers)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer is Representing: ......... Signer is Representing:
.:2019 National Notary Association

Book9486 - Page 378 Page 3 of 5
EXHIBIT A
Easement Exhibit J Plat

Book9486 - Page 379 Page 4 of 5
1)- TNOTES
HE N.C. GRID COORDINATES SHOWN WERE DETERMINED USING REAL TIME KINEMATIC GPS
OBSERVATIONS TAKEN ON 11/21/20.
2)- THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL
yy� AVE " GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT
REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING
C REQUIREMENTS FOR PLATS.
SI TC
3)- THIS EXHIBIT DOES NOT REPRESENT A BOUNDARY SURVEY. ALL BOUNDARIES ARE DRAWN
FROM RECORD DEEDS AND/OR PLATS AND ARE SUBJECT TO ALL EASEMENTS.
OQ`
AGREEMENTS. AND RIGHTS -OF -WAY OF RECORD.
4)- THE SOLE PURPOSE OF THIS MAP IS TO GRAPHICALLY SNOW THE PERMANENT STREAM
EASEMENT FOR ACQUISITION PURPOSES ONLY FOR THE LAKEWOOD AVENUE STREAM
RESTORATION PROJECT BY THE CITY OF DURHAM.
c. 1. TAis survey is of an existing parcel of land and
W ENTERPRISE ST does not create a new street or change an existing street:
WdClNl1Y MAP NOT TO SCALE I Professional Land Surveyor
N This parcel is Located in the DURWM COUNTY Planning Jurisdiction
LEGEND C
0 - EXISTING IRON PIPE (EIP) N36' 07' 10"E /
S78'
— -R/W — , — EXISTING PUBLIC ROAD R/W 34.76'
68
- PROPERTY LINE NOT SURVEYED
- PERMANENT STREAM EASEMENT
_--- _ —TIP "UP / `4 a r' !o ry
Z"
PRELIMINARY
NOT FOR RECORDATION, j z
CONVEYANCES, OR SALES.
�`...
! +V
_---------- I
y
NOW OR FORMERLY / ry
PB 162 PG 113 MOREHEAD AT LAKEWOOD AVE. LLC 2
08 8495 PG 340
BM 199 PG 275-278 _
1019 S DUKE ST
PARCEL ID 222559� N
•--.—,_ ZONING: OD-S2
4 /
— EIPf / N9' 20' 11'E
I 37.45' /
_O— PERMANENT
—,sToRm EASEMENT EASEMENT
PB 199 PG 278 / ryM
22624 SO FT /
— —
/
z + N10' 23' 01'E
_ EiP NW 53' S5'w' /
67.29' S22' 06' 30"W /
5 w POSSIBLE POSSIBLE 23.27 /
�.. —.
ke. O OVERLAP — — — — — — . — 1 ? ! CAP _.
..St. DURHAM EwST1NG 30CITY OF
�� �� 1 j — _ — SANITARY SEWER EASEMENT
53' 55'W7
/•
/NOW OR FORMERLY 'A�NSS'
66.30' DISTURBED
ALAND CORPORATION N.C. GRID COORDINATES / NOW OR FORMERLY p�jrLr*I{
IDS 5293 PC 345 SEE NOTE #1 R
BLA PEPPER
BM 199 PG 50 N- 814,245.19' �' OF
502 W LAKEWOOD AVE f OB 4315 PG 350 '
E=2.027,161.19'
BM 162 PC 113
PARCEL nD: 1)7 0S2 420 W LAKEWOOD AVE
_ ZONING: ODD 52 ! rPARCEL
� P 5484
�
FlAll r!/ // � J ZONING.
1 / / 10 NOW OR FORMERLY
DO 3115 PGPER 380
BM 162 PC 113 aT
424 W LAKEWOOD AVE 4
REBAR � PARCEL IN 119" 1 !
DISTURBED { ZONING: DID-S2 0 60 120Fee1
1 HEREBY CERTIFY THAT THIS PLAT WAS DONE IN ACCORDANCE µ9TH STANDARD SURVEYING PRACTICES: E.O.C.: 1Z10,000
SURVEYOR LICENSE NUlII ER
ALL WTAWYCES SHOWN ARE NOMZON/AL GROUND MEASURES IN FEET AREAS COMWUW MY COOROAMW. I FILE NAME SB19-696S-MOREHEAO.dwa
Book of Mops 199 Vol. -- Page 275-278 Deed Book 8495 Pg, 340 County DURHAM
LOT IC SUBDIVISION MOREHEAD HILLS SENIOR APTS,. LP
Surv'd: TC Drawn: CRB I Chk'd. CCJ
Job I 0ot4K2.3/18/a1 Scole: 1- = 60'
COOPER AND ASSOCIATES
EASEMENT PUT
(0-1461) 404 E. Chatham Street
GRANTOR - MOREHEAD AT LAKEWOOD AVE. LLC
P.O. Box 3444
Suite E
GRANTEE - CITY OF DURHAM
Cary, NC 27519 Cary, NC 27511
LAKEWOOD AVENUE STREAM RESTORATION PROJECT
Office - [phone]
DURHAM TNSP., DURHAM COUNTY, NORTH CAROLLNA

Book9486 - Page 380 Page 5 of 5
EXIMIT B
Permanent Easement Uses
Lakewood Avenue Stream Stabilization
Purpose of the Permanent Easement: The purposes of the permanent easement are to maintain, restore, enhance, and/or
create stream stabilization measures and riparian resources in the Easement Area that contribute to the protection and
improvement of water quality in the Third Fork Creek Watershed by reducing nutrients, such as nitrogen and phosphorous,
and sediment and to prevent any use of the Easement Area that will, in Grantee's estimation, significantly impair or interfere
with these purposes.
Temporary uses allowed during construction:
• Ingress and egress onto the Property for the purpose of constructing the stream stabilization measures and riparian
buffer.
• Manipulation of on -site hydrology, hydraulics, and stormwater conveyance systems, including, but not limited to,
the alteration of the Unnamed Tributary to Third Fork Creek.
• Construction activities, including transportation onto the Property of personnel, materials, and equipment,
temporary staging and storage of materials and equipment, construction and use of temporary haul roads, and
control of erosion and sediment.
Allowed uses in perpetuity:
• Inspection and Maintenance access will allow personnel and vehicular access to the Easement Area for the purpose
of inspecting and maintaining the stream stabilization project and riparian buffer, drainages from the Property,
vegetation, stormwater infrastructure, sanitary sewer and water infrastructure, scientific sampling, observations,
and monitoring.
• Repair and Reconstruct -- access to the Property to repair and/or reconstruct the stream stabilization measures and
riparian buffer in the Easement Area, if necessary.
• Vegetation management Grantee reserves the right to plant native, non-invasive vegetation to enhance the riparian
buffer; to prune forest vegetation, provided that the health and function of the forest vegetation is not compromised;
to remove and control invasive, exotic, noxious, and/or nuisance species; to apply herbicide or pesticides within the
riparian buffer for vegetation management that are certified by the Environmental Protection Agency for use in or
near aquatic sites and that are applied in accordance with the manufacturer's instructions; to remove dead, diseased,
or damaged trees and vegetation that obstruct, destabilize, or are imminently endangering stability of the stream or
riparian buffer. All vegetation management shall be done in a manner consistent with the purposes of this easement.
• Utilities - - The City reserves the right to repair, maintain, renovate, and/or relocate existing structures, including,
but not limited to, the existing stormwater infrastructure and sanitary sewer line within the Easement Area.
• Invasive, Nuisance, and Exotic Species Management Uses: The City reserves the right to engage in fishing, taking,
and trapping of invasive, nuisance, and exotic species of wildlife for the purpose of invasive, nuisance, and exotic
species control on the Property.
Prohibited uses of the Property's owner in perpetuity:
• Manipulation of on -site hydrology, hydraulics, and stormwater drainage, including, but not limited to, the alteration
of the Unnamed Tributary to Third Fork Creek and stormwater conveyance systems.
• Removing, mowing, clearing, grubbing, or chemically treating vegetation within the Easement Area.
■ Grading, filling, excavating, dredging, or removing topsoil within the Easement Area.
• Future development, new construction, or improvements within the Easement Area that are not considered an
allowed use,
• Dumping, stockpiling, placing, or storing trash, soil, fill, mulch, ashes, garbage, waste, abandoned vehicles,
appliances, machinery, or any other material that is not otherwise required as part of an allowed use within the
Easement Area.
• Planting, seeding, placing, or establishing vegetation considered to be a non-native, invasive, exotic, or nuisance
species within the Piedmont of North Carolina without prior approval by Grantee.

CITY OF DURHAM ("City") COMMITMENT TO THE LONG-TERM STEWARDSHIP
OF THE LAKEWOOD PERMITTEE RESPONSIBLE MITIGATION SITE
WHEREAS, the City's proposed Phase IA of the East Durham Sewer Improvements project
(hereinafter "E Durham") will require unavoidable impacts to the Neuse River Basin Riparian
Buffer Zones and will require compensatory buffer mitigation to offset these losses, pursuant to
15A NCAC 0213.0714;
WHEREAS, there are no Private or Public Compensatory Buffer Mitigation Banks with sufficient
buffer mitigation credits available to purchase within the Upper New Hope Creek Watershed;
WHEREAS, the City intends to utilize the Lakewood Avenue Stream Stabilization project as a
Permittee Responsible Mitigation Site (hereinafter "Lakewood PRM") to fulfill the buffer
mitigation needs for the E Durham project, pursuant to 15A NCAC 02B .0295;
WHEREAS, the Division of Water Resources ("DWR") conducted a site visit to the Lakewood
PRM site and issued a Viability Letter on February 27, 2023, indicating that the proposed
Lakewood PRM project is a viable Buffer Restoration Site;
WHEREAS, the City previously acquired a Permanent Stream Easement encompassing the
proposed Lakewood PRM area (Parcel ID: 222559; Durham County Register of Deeds Deed
Book 9486, Page 376) and DWR determined that the City's existing Permanent Stream Easement
alone does not fulfill the perpetual easement requirements outlined in Section (L)(2) of 15A
NCAC 02B .0295;
WHEREAS, this document ("Commitment") will provide supplemental assurances to DWR of
the City's commitment to fulfill the essential responsibilities outlined in Section (L)(2) of 15A
NCAC 02B .0295, as specified herein in this Commitment;
NOW THEREFORE, the City of Durham commits to the following obligations:
1

1. Purpose of Commitment
1.1 Purpose. This Commitment defines the duties and responsibilities of the City
concerning the preparation, implementation, and long-term management of the
proposed Lakewood PRM project.
2. Procedure for Implementation of the Lakewood PRM Project
2.1 Preparation of a Permittee Responsible Mitigation Plan. The City, or its contractors,
will prepare a Permittee Responsible Mitigation Plan for the Lakewood PRM project.
The Permittee Responsible Mitigation Plan will be submitted concurrently with the
previously mentioned E Durham Riparian Buffer Authorization Request. Among
other items, the Permittee Responsible Mitigation Plan will include a copy of the
recorded Permanent Stream Easement and a copy of this executed Commitment.
2.2 Implementation of the Permittee Responsible Mitigation Plan. Upon authorization
from DWR, the City will implement the Permittee Responsible Mitigation Plan.
Implementation will include: construction of the proposed restoration; submittal of
the required annual monitoring reports; and long-term stewardship of the Lakewood
PRM project.
3. Roles and Responsibilities of the Parties
3.1 Permittee. The City of Durham will serve as the Permittee of the proposed E Durham
project and will comply with the conditions established in the permit authorization,
which are anticipated to include the implementation of the Lakewood PRM project.
3.2 Long -Term Steward. The City of Durham will serve as the long-term steward of the
Lakewood PRM project.
4. Prohibited and Restricted Activities
4.1In accordance with Exhibit B of the existing Permanent Stream Easement
("Easement'), the City has the authority to prevent any use of the Easement Area that
may significantly impair or interfere with the purposes of the easement, which are to
maintain, restore, enhance, and/or create stream stabilization measures and riparian
resources that contribute to the protection and improvement of water quality in the
Third Fork Creek Watershed by reducing nutrients, such as nitrogen and phosphorous,
and sediment. The City interprets this to include a prohibition on the operation of
mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all -terrain
vehicles, cars, and trucks in the Easement Area, except for the purpose of inspecting
and maintaining the stream stabilization project and riparian buffer, drainage,
vegetation, existing infrastructure, and for scientific sampling, observations, and
monitoring.
2

4.2 Exhibit B of the existing Permanent Stream Easement also prohibits the following
activities and uses within the Easement Area in perpetuity:
4.2.1 Drainage Patterns. Manipulation of on -site hydrology, hydraulics, and
stormwater drainage, including, but not limited to, the alteration of the
Unnamed Tributary to Third Fork Creek and stormwater conveyance systems
is prohibited. The City interprets this to include a prohibition on diking,
draining, dredging, channeling, filling, leveling, pumping, impounding, or
altering or tampering with water control structures or devices, or disruption or
alteration of the restored, enhanced, or created drainage patterns.
4.2.2 Vegetation. _ Removing, mowing, clearing, grubbing, or chemically treating
vegetation within the Easement Area is prohibited. The City reserves the right
to plant native, non-invasive vegetation to enhance the riparian buffer; to
prune vegetation, provided that the health and function of the vegetation is not
compromised; to remove and control invasive, exotic, noxious, and/or
nuisance species; to apply herbicide or pesticides within the riparian buffer for
vegetation management that are certified by the Environmental Protection
Agency for use in or near aquatic sites and that are applied in accordance with
the manufacturer's instructions; to remove dead, diseased, or damaged trees
and vegetation that obstruct, destabilize, or are imminently endangering
stability of the stream or riparian buffer. All vegetation management shall be
done in a manner consistent with the purposes of the Easement. Animal
grazing will not be allowed.
4.2.3 Grading, Excavation, Dredging. Grading, filling, excavating, dredging, or
removing topsoil within the Easement Area is prohibited. The City interprets
this to include a prohibition on the removal of topsoil and any material
underlying the topsoil such as sand, gravel, rock, peat, and minerals. No
change in the topography of the land in any manner on the Easement Area is
allowed, except to restore natural topography or drainage patterns.
4.2.4 Construction. Future development, new construction, or improvements within
the Easement Area that are not considered an allowed use. The City interprets
this to include a prohibition on constructing or placing of any building, mobile
home, asphalt or concrete pavement, billboard or other advertising display,
antenna, utility pole, tower, line, pier, landing, dock or any other temporary or
permanent structure or facility on or above the Easement Area. The
construction or enlargement of roads, trails or walkways in the Easement Area
is not allowed.
4.2.5 Dumping or Storage. Dumping, stockpiling, placing, or storing trash, soil, fill,
mulch, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or
any other material that is not otherwise required as part of an allowed use
within the Easement Area is prohibited.
3

4.2.6 Invasive and Nuisance Species. Planting, seeding, placing, or establishing
vegetation considered to be a non-native, invasive, exotic, or nuisance species
within the Piedmont of North Carolina without prior approval by the City. The
City interprets this as limiting allowable species to those specified in the
Mitigation Plan. Other agricultural or horticultural uses will not be allowed.
5. Enforcement and Remedies
5.1 To accomplish the purposes of this PRM undertaking, the City will prevent any
activity on or use of the Permanent Stream Easement Area that is inconsistent with
this Commitment and Exhibit B of the existing Permanent Stream Easement, and to
require the restoration of such areas or features of the Permanent Stream Easement
Area that may be damaged by such activity or use. Upon any breach of the terms of
this Commitment or Exhibit B of the existing Permanent Stream Easement, the City
shall notify the offending party in writing of such breach. The offending party shall
have 30 days after receipt of such notice to correct the conditions constituting such
breach. If the breach remains uncured after 30 days, the City may enforce this
Commitment or the existing Permanent Stream Easement by appropriate legal
proceedings. If the City fails to take any action required by Paragraph 5.1, DWR may
pursue enforcement of the requirements of Paragraph 5.1 by the City through informal
or other appropriate legal means.
5.2 No failure on the part of the City to enforce any provision herein shall discharge or
invalidate such provision or affect the right of the City to enforce the same in the event
of a subsequent breach or default.
5.3 Nothing contained within this Commitment or Exhibit B of the existing Permanent
Stream Easement shall be construed to entitle the City to bring any action against a
party for any injury or change in the Permanent Stream Easement Area resulting from
causes beyond that party's control, including, without limitation, fire, flood, storm,
war, acts of God, or from any prudent action taken in good faith by a party under
emergency conditions to prevent, abate, or mitigate significant injury to life, damage
to property or harm to the Permanent Stream Easement Area resulting from such
causes.
6. Duration of Commitment
6.1 This Commitment by the City of Durham shall be perpetual. This Commitment is tied
to an existing Permanent Stream Easement and is enforceable by the City in
accordance with the provisions stated herein and otherwise in accordance with the
laws of the state of NC.
4

IN WITNESS WHEREOF, the City has executed this Agreement, the Effective Date of
which is
ATTEST:
Preaudit Certification, if necessary:
CITY OF DURHAM

APPENDIX 5
E DURHAM PHASE 1 A
PERMIT DRAWINGS

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