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HomeMy WebLinkAbout20231617 Ver 1_EDurham_Lakewood_PRM_Plan_20231211_20240122 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 PREPARED BY: KIMLEY-HORN AND ASSOCIATES, INC. 421 FAYETTEVILLE STREET, SUITE 600 RALEIGH, NC 27601 DECEMBER 2023 Lakewood Avenue Buffer PRM - DWR# 20210514 December 2023 Compensatory Mitigation Plan i Table of Contents 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 I. OBJECTIVE .............................................................................................................................. 3 II. SITE SELECTION ..................................................................................................................... 3 III. SITE PROTECTION ................................................................................................................... 5 IV. BASELINE CONDITIONS ........................................................................................................... 5 V. DETERMINATION OF CREDIT ................................................................................................... 5 VI. MITIGATION WORK PLAN ......................................................................................................... 6 VII. MAINTENANCE......................................................................................................................... 7 VIII. PERFORMANCE STANDARDS................................................................................................... 7 IX. MONITORING ........................................................................................................................... 8 X. LONG TERM MANAGEMENT PLAN ........................................................................................... 8 XI. ADAPTIVE MANAGEMENT PLAN ............................................................................................... 9 XII. 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 USGS TOPOGRAPHIC MAP - FIGURE 4: LAKEWOOD PROJECT NRCS SOIL SURVEY FIGURE - FIGURE 5: WATERSHED MAP - FIGURE 6: MONITORING COMPONENT MAP APPENDIX 2: VIABILITY ASSESSMENT APPENDIX 3: LAKEWOOD CREDIT GENERATION TABLE AND FIGURE APPENDIX 4: CONSERVATION EASEMENT INFORMATION APPENDIX 5: EAST DURHAM PHASE 1A PERMIT DRAWINGS APPENDIX 6: LAKEWOOD PLANTING PLANS APPENDIX 7: SITE PHOTOGRAPHS Lakewood Avenue Buffer PRM - DWR# 20210514 December 2023 Compensatory Mitigation Plan 1 1.0 INTRODUCTION 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 Ph1A”). Because the E Durham Ph1A 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 I. E DURHAM PH1A The E Durham Ph1A 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 Ph1A Project is proposed to address aging infrastructure and inflow infiltration to the system, move the existing sewer li nes 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 Ph1A 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 m aintenance 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 Ph1A 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 Ph1A 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 Ph1A 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 December 2023 Compensatory Mitigation Plan 2 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 Ph1A 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 Ph1A Site is largely urban, composed primarily of residential housing and commercial development. The E Durham Ph1A 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 Ph1A 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 buf fers 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 Ph1A 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 Ph1A 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 December 2023 Compensatory Mitigation Plan 3 total, the E Durham Ph1A 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 Ph1A 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 Ph1A 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 Ph1A 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 4). 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 easement s within the E Durham Ph1A Site. I. 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 Ph1A Project. II. SITE SELECTION The proposed Lakewood PRM Site and E Durham Ph1A 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 Ph1A 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 December 2023 Compensatory Mitigation Plan 4 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 nort h 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 a s 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 locational rat io of 0.75:1 applies to this mitigation proposal. Taking into account the 0.75:1 locational 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 December 2023 Compensatory Mitigation Plan 5 III. SITE PROTECTION 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 w ould 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 Lakewood Avenue Buffer PRM - DWR# 20210514 December 2023 Compensatory Mitigation Plan 6 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 and riparian buffer credit generation table utilized to calculate the credit yield at the Lakewood PRM Site are shown in Appendix 3. 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 December 2023 Compensatory Mitigation Plan 7 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 Planting Zone 2 • Button bush (Cephalanthus occidentalis) • Southern arrowhead (Viburnum dentatum) • Black willow (Salix nigra) • Silky dogwood (Cornus amomum) • Silky willow (Salix sericea) • Beautyberry (Callicarpa americana) • Elderberry (Sambucus canadensis) • Button bush (Cephalanthus occidentalis • Silky dogwood (Cornus amomum) • Red chokeberry (Photinia pyrifolia) • Soft rush (Juncus effusus) • Tag alder (Alnus serrulate) • Shallow sedge (Carex lurida) 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 December 2023 Compensatory Mitigation Plan 8 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, as described in Section IX: Monitoring below, 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. Permanent 10-meter by 10-meter square vegetation monitoring plots will be installed, as depicted in Figure 6, within the buffer restoration area. Vegetation assessments will be conducted following the Caro lina Vegetation Survey Level 2: Total Woody Stem Inventory Plot methodology. Annual monitoring will be conducted after the growing season and will include photo-documenting the vegetation plots and overall site conditions, documenting encroachment and re-establishment of invasive species, conducting vegetation stem density counts, documenting plant survival rates, and documenting plant height/growth. In addition, site inspections will ensure access limitations are followed and are functioning accordingly. Following each annual monitoring site visit, an annual monitoring report will be prepared and submitted to NCDWR by December 31st. 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 Se ction (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 Pub lic 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. Lakewood Avenue Buffer PRM - DWR# 20210514 December 2023 Compensatory Mitigation Plan 9 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. 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 Ph1A 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 Lakewoo d 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 1 FIGURES £¤15 £¤15 ¬«55 ¬«147 AngierAve Angier Ave Fayetteville St Fayetteville St S Duke St F a y e t t e v i l l e S t Angier Ave Vickers Ave F a y e tt e v ill e S t Vickers Ave Fayetteville St JackieRobinson Dr S Duke St E Morehead Ave Morehead Ave Poinciana Dr Ha r tSt#19Aly Vine St D a l e S t Hayti Ln Belgrave Pl W F o r e st H ills B lv d Calvert Pl HighSt BrantSt Sawyer St SimmonsSt W a l k e r S t Belt St Bacon St Nelson St E MainSt Bernice St Cedar St S E l mSt Lincoln St Clay StScout Dr BowenSt W il s h i r e D r Dayton St WorthSt Wall St TaylorSt Dallas St Sowell St Hill StArn ette Ave Colfax St Arnette Ave W a r d S t Moline St S t u a rt D r Fairview St S Holman St Merrick St N Plum St Pekoe Ave E r i eSt Potter St Merrick St Vale St CoxAve WellsSt C o m p t o n P l Dayton StParkside Dr South St Cypress Ct S Roxboro St Bacon St Wabash St E MainSt BivinsSt S c o u t D r BellSt K e n d r i c k C i r S Dillard St Formosa Ave L y o nSt E Pettigrew St S Roxboro St PriceAve W illardSt Kent St Dup reeSt B ivinsSt Bacon St Hill St Shepherd St W E n t e r p r i s e S t Lakeland St Troy St Kent St Carroll St N Hyde Park Ave HomerSt DunstanAve W W e a v er St CommerceSt Kent St Liberty St Cecil St FargoSt SycamoreSt W h it l e y Dr S R o x b o r o S t O a k D r E P ettigre w St Sim a Ave GeorgeSt Cornell St Blackwell St Bacon St Barnes Ave F o re s t wo o dDr E Lawson St ELawson S t LakelandSt Dupree St C o o per St E L a ws on St E F o r e s t H ill s B l vd B e v e r l y Dr F Figure 1: Vicinity Ma pEast Durham Wate r and Sew er Re habilitation Project and Lakewo od PR M SiteDurham, Du rh am Co unty, NCSeptember 20 23 Legend Pe rman ent Stream C onservation Easement(Prop osed Lakewo od PR M Site) Lakewoo d Sew er Project Stu dy Area E Durha m Project Study Are a City of D urham Durham County 0 0.3 0.6Miles Atlan tic Oce anGeorgia Virginia North Carolina South Carolina Ohio Kentucky West Virginia Tennessee Maryland Delaware DURHAM WAKE OR ANGE GRANVILLE PERSON CHATHAM ^_ Project Loca tio nsDurham County Pr oject CoordinatesE Durha m Project Study Are a: 35,98740 9, -78.906 199 Lakewoo d PRM Site Study Area : 35.98139 9; -78 .89 4705 S1 S2 Cole St Jacob St Price Ave Simmons St Sp a u l d i n g S t Gra n t S t Co l f a x S t Linwood A v e Mass e y A v e LincolnSt E Umstead S t F Figure 2a: Jurisdictional Features MapEast Durham Water and Sewer Rehabilitation Project Durham, Durham County, NC August 2023 Legend Jurisdictional Streams Top of Bank Jordan Lake Watershed Buffer Zone 1 Jordan Lake Watershed Buffer Zone 2 E Durham Project Study Area 0 175 350Feet SDukeSt Fargo St WLakewood Ave Blackwell StF Figure 2b: Juris dictiona l Fea utre s MapLakewood PRM SiteDurham, Du rh am Co unty, NCSeptember 20 23 Legend Jurisdictional Stream Top of Bank Jordan Lake Watershed Buffer Z one 1 Jordan Lake Watershed Buffer Z one 2 Permanent Stream Conservation Easement(Proposed Lakewood PRM Site)0 100 200Feet S4 S1 S1 F Figure 3: USGS Topographic Map Lakewood PRM Site Durham, Durham County, NC September 2023 0 200 400 Feet Legend Permanent Stream Conservation Easement(Proposed Lakewood PRM Site) F Figure 4: NR CS Soil Survey MapLakewood PRM SiteDurham, Du rh am Co unty, NCSeptember 20 23 Legend Pe rman ent Stream C onservation Easement(Prop osed Lakewo od PR M Site)0 200 400Feet Avondale Dr N Dillard St N Gregson St Angier Ave Broad St JackieRobinson DrChapel Hill Rd Vickers Ave S A ls t o n A v e NDuke St S Duke St E Morehead Ave Fayetteville St E GeerSt U n i v e r s i t y D r Erwin Rd Kent St ECornw allis Rd SRoxboroSt C a m d e n A v e BurchAve Holland St Ashton Pl JanCt Grove St Mio s h a St VineSt Hayti Ln T y l e r C t #26Aly #37 Aly H o o d S t Sawyer St BelfortSt TalfordAve Brewster St Sargent Pl GannSt A n s o n St #2 Aly HonorSt Hale St #3 Aly CheekRd Violet St Joplin St A nit a S t Lantern Pl SouthgateSt Lo wry Av e #35Aly Belt St #12Aly Arbor St Bern St R a i n b o w W a y Kate St Cox Ave LathropSt BennettCt Manteo St Cedar St Elmo St Utah St Rich St Trent Dr M a d i s o n S t Capps St Nixon St Bowen St Fuller St E Pilot St Myers St Pritchard Pl OtisSt #21 Aly PerrySt C hase St #15Aly Bay St S E l mSt N Elm St FleetwoodSt Parker St Edgar St YadkinSt W Alto n St SafewaySt N Hyde Park Ave GloriaAve CliffSt Scout Dr Millbrook Ave C h e r r y D r VanceSt Ruffin St High St LodgeSt North St Worth St Middle St Hickory St SteeleAve Wall St Yancey St FernwayAve Selki r k Pl Sowell St Ottawa Ave Hanover St Hazel St Primitive S t D a ll a s S t M i d v a l e R d Shepherd St Rock St Pace St F ore stvie w St Watts St Harnett St Bra n t S t Mallard Ave IvySt DeanSt S Goley St Moline St Fairview St E A l tonSt Powe St MeadeLn W La ws o nSt S Holman St MutualDr EnglewoodAve Formosa Ave Curtis St N Plum St J a c k s o nSt Grace L n GranbySt Eri eSt Case St S t u a r t D r Faber St HouseAve HermitageCourt Dr Concord St Bernice St Rowan St Wake Pl W Geer St CobbSt CaswellPl Canal St #9Aly Eugene St Dow d St Proctor St Everett Pl BynumSt N o r m a ndy S t McLaurin Ave S G u t h r i e Av e Vivian St Underwood Ave Dayton St L e eSt P ekoeAve Morris St Linc oln S t Dawkins StEcho Rd N Mia mi Blvd Cypress Ct Urban Ave Gurley St R o b e r s o n S t HuntSt South St Cleveland St Taylor St CrosswindAve N E l i z a b e t h S t Parquet St LewisSt PrentissPl Wabash St FernSt E Main St W Seeman St LafayetteSt W a ll a ce St Oregon St Juniper St H a r per Pl Arrington St NashSt HullAve Wyeth Ave BellSt S Hyde Pa rk Ave Rigsbee Ave Ken drickCir BalticAve Swift Ave Gilbert St MacOn St Shoreham St Truman S t Clarendon St Vista StIredell St Foster St Lancaster St #6 Aly N Buchanan Blvd Chester St Dollar Ave EKnoxSt Onslow St S Dillard St N o r t o n S t Berkeley St Sedgefield St Majestic Dr L y o nSt Mon troseDr N A ls t o n A v e A lc o tt S t R o s e tt a D r W LynchSt Chalm ers St Corona St Red OakAve #18Aly PriceAve E d w a r d S t Briar CliffRd N evadaAve WellsSt Jubilee L n SouthwoodDr G r a yAve BexleyAve Anacosta St Westw o o d Dr G a t t i s S t MatileneAve CrowellSt Arnette Ave Hill St W E n t erpriseSt EvaSt Alexander Ave N a n c ySt E m erson Pl M a n c h ester Dr Estes St #11Aly Spruce St Carolina Ave Edith St C i s c oSt Troy St YearbyAve Carroll St Alabama Ave S h a w neeSt W KnoxSt Lawndale Ave Glendale Ave Hearthsi d e S t J a n et St DunstanAveNationAve Je r s e y Av e #16 Aly W Trinity Ave Monmouth Ave DacianAve #17 Aly GreenSt A u g u sta Dr McGillPl PrinceSt E ShorehamSt LibertySt Lexington St Orient St Woodland Dr B o lton St Dunbart o n Cir Moreland Ave ClarkSt WardSt W W e a v er St GunterSt Fargo St Liggett St DukeUniversity Rd #31 Aly SycamoreSt W W o o dri dge Dr BurlingtonAve Whitle y Dr Oa k D r BivinsSt Morehead Ave E P ettigre w S t Rosewood St Acadia St MasondaleAve FaySt H il l s i d eAve E U m st ea d S t W Markham Ave Shoppers St W of f or dRd Sim a A v e W i ll ardS t Homeland Ave N G u t h r i e A v e S h erm a n Ave Park Ave N D r i v e r S t E Piedmont Ave H u ron S t Cornell St Nelson St Atlantic St W Forest HillsBlvd D r e w S t BrookwoodDr Alma St Barnes Ave Barnh i l l S t N M a p le St Fores t woo dDr Lakeland StDupree St ElmiraAve Mo n t icello A ve Cecil St Blackwell St S u m mit S t BurgessLn Martha St Ra m p W Peabody St James St C olli e r R d W PettigrewSt E T rinityAve N O a k R i d g e B l v d A th e n s Ave Bacon St EFor e s t Hill s B l vd P ersonSt MerrickSt C ooper St S Plum St AndersonSt E WeaverSt Cam p us Dr C h a rle s St SBr i g g s A ve E Lawson StBeverlyDr §¨¦85 £¤501 £¤70 £¤15 ¬«98 ¬«55 ¬«147 F Figure 5: Wate rshe d Ove rview MapLakewood PRM SiteDurham, Du rh am Co unty, NCSeptember 20 23 Legend HUC Code 8 03030 002 HUC Code 12 Ellerbe Cree k Headwa ters New Hop e Cre ek Third Fork Cre ek Pe rman ent Stream C onservation Easement(Prop osed Lakewo od PR M Site) Lakewoo d Sew er Project Stu dy E Durha m Project Study 0 0.4 0.8Miles APPENDIX 2 VIABILITY ASSESSMENT S4 S1 S1 S1 S3 Area 2 Area 3 S1 0 300 600150 Feet Lakewood Avenue PRM Buffer Site - Overall E Durham Sewer Improvements Durham, Durham County, NC September 2022 Legend Existing Jurisdictional Streams Area 1 CITY OF DURHAM ATTN GEN SERVICES REAL EST DIV CITY OF DURHAM ATTN GEN SERVICES REAL EST DIV PEPPER BLAKE J WHITE ANTOINE LAMONT WHITE TAMIRA JO NAJJAR VALINDA C MITCHELL BRUCE GORDON GOODWIN BENNIE T GOODWIN CHRISTINA P ERWIN DISTRIBUTING CORP INC CITY OF DURHAM ATTN GEN SERVICES REAL EST DIV SUN RIDGE POINTE COMMUNITY ASSOCIATION INC MOREHEAD HILLS SENIOR APT LP GARY COLLETT FAMILY LP FORTUNEL CHRISTIAN FORTUNEL NANCY DESMOND BRIAN STAROSTA-DESMOND BETH ANN PEPPER BLAKE J AUTHORIZED APPLIANCE SERVICE CENTER INC JANSSON EVA BIRGITTA FAMIGLIETTI ROBIN ALAND CORPORATION LEVINE JASON TODD MCCALLUM LEO T JR MCCALLUM KATRINKA ROSENBERG GABRIEL NATHAN SOLOMON HARRIS SCOTT GREENE CASSANDRA PULLEY GREENE ARTHUR MOREHEAD AT LAKEWOOD AVE LLC 0 100 20050 Feet Lakewood Avenue PRM Buffer Site - Area 2 E Durham Sewer Improvements Durham, Durham County, NC September 2022 Legend Existing Easements Property Line Preliminary Conservation Easement Proposed Buffer Mitigation LW Area 2 - Credit Generation Area Proposed Top of Bank Top of Bank Offset - 20' Top of Bank Offset - 30' Top of Bank Offset - 100' APPENDIX 3 LAKEWOOD PRM SITE CREDIT GENERATION Appendix 3. Lakewood PRM Buffer Site Area 2, Project Credit Table Project Area N Credit Conversion Ratio (ft2/pound) P Credit Conversion Ratio (ft2/pound) Credit Type Location Subject?  (enter NO if  ephemeral  or ditch 1) Feature  Type Mitigation Activity Min‐Max  Buffer  Width (ft) Feature  Name Total Area  (ft2) Total  (Creditable)  Area of  Buffer  Mitigation  (ft2) Initial  Credit  Ratio (x:1) % Full  Credit  Final  Credit  Ratio (x:1)   Convertible  to Riparian  Buffer?   Riparian  Buffer  Credits   Convertible  to Nutrient  Offset?   Delivered  Nutrient  Offset: N  (lbs)   Delivered  Nutrient  Offset: P  (lbs)  Buffer Urban Yes I / P Restoration 0‐50 Stream S4 17,399 17,399 1 100% 1.00000 Yes 17,399.000 N/A — — ——— ——— ——— ——— ——— ——— ——— ——— ——— ——— ——— ——— ——— ——— ——— ——— ——— ——— Totals (ft2):17,399 17,399 17,399.000 0.000 0.000 Total Buffer (ft2):17,399 17,399 Total Nutrient Offset (ft2):0 N/A ape Fear ‐ Jordan Upper New Hope 0303000206012 29.1023 480.79311 B l a c k w e l l S t S4 S1 S Duke St W L a k e w o o d A v e ± 0 50 10025Feet Appendix 3: Lakewood PRM Buffer Credits MapE Durham Sewer ImprovementsDurham, Durham County, NCDecember 2023 Legend Sanitary Sewer Easement Proposed Top of Bank Permanent Stream Conservation Easement(Proposed Lakewood PRM Site) Durham County Parcels Riparian Restoration for Buffer Credit (0-50') Top of Bank Offset - 20' Top of Bank Offset - 30' Top of Bank Offset - 50' Top of Bank Offset - 100' APPENDIX 4 EASEMENT INFORMATION 1 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 02B .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: 2 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 4.1 In 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. 3 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. 4 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. 5 IN WITNESS WHEREOF, the City has executed this Agreement, the Effective Date of which is __________. ATTEST: CITY OF DURHAM ______________________________ By:_________________________________ Preaudit Certification, if necessary: APPENDIX 5 E DURHAM PHASE 1A PERMIT DRAWINGS OF ©HAZEN AND SAWYER 4011 WESTCHASE BOULEVARD, SUITE 500 RALEIGH, NORTH CAROLINA 27607 LICENSE NO. : C-0381 33 EAST DURHAM UTILITIES PREPARED FOR DEPARTMENT OF WATER MANAGEMENT CITY OF DURHAM, NORTH CAROLINA PERMIT DRAWINGS OVERALL SS-1 1 OF ©HAZEN AND SAWYER 4011 WESTCHASE BOULEVARD, SUITE 500 RALEIGH, NORTH CAROLINA 27607 LICENSE NO. : C-0381 33 EAST DURHAM UTILITIES PREPARED FOR DEPARTMENT OF WATER MANAGEMENT CITY OF DURHAM, NORTH CAROLINA PERMIT DRAWINGS SS-2 1 U U U U U U U U U U U OF ©HAZEN AND SAWYER 4011 WESTCHASE BOULEVARD, SUITE 500 RALEIGH, NORTH CAROLINA 27607 LICENSE NO. : C-0381 33 EAST DURHAM UTILITIES PREPARED FOR DEPARTMENT OF WATER MANAGEMENT CITY OF DURHAM, NORTH CAROLINA PERMIT DRAWINGS SS-3 1 OF ©HAZEN AND SAWYER 4011 WESTCHASE BOULEVARD, SUITE 500 RALEIGH, NORTH CAROLINA 27607 LICENSE NO. : C-0381 33 EAST DURHAM UTILITIES PREPARED FOR DEPARTMENT OF WATER MANAGEMENT CITY OF DURHAM, NORTH CAROLINA PERMIT DRAWINGS SS-4 1 U OF ©HAZEN AND SAWYER 4011 WESTCHASE BOULEVARD, SUITE 500 RALEIGH, NORTH CAROLINA 27607 LICENSE NO. : C-0381 33 EAST DURHAM UTILITIES PREPARED FOR DEPARTMENT OF WATER MANAGEMENT CITY OF DURHAM, NORTH CAROLINA PERMIT DRAWINGS SS-5 1 U U U U U U U OF ©HAZEN AND SAWYER 4011 WESTCHASE BOULEVARD, SUITE 500 RALEIGH, NORTH CAROLINA 27607 LICENSE NO. : C-0381 33 EAST DURHAM UTILITIES PREPARED FOR DEPARTMENT OF WATER MANAGEMENT CITY OF DURHAM, NORTH CAROLINA PERMIT DRAWINGS SS-6 1 OF ©HAZEN AND SAWYER 4011 WESTCHASE BOULEVARD, SUITE 500 RALEIGH, NORTH CAROLINA 27607 LICENSE NO. : C-0381 33 EAST DURHAM UTILITIES PREPARED FOR DEPARTMENT OF WATER MANAGEMENT CITY OF DURHAM, NORTH CAROLINA PERMIT DRAWINGS SS-7 1 OF ©HAZEN AND SAWYER 4011 WESTCHASE BOULEVARD, SUITE 500 RALEIGH, NORTH CAROLINA 27607 LICENSE NO. : C-0381 33 EAST DURHAM UTILITIES PREPARED FOR DEPARTMENT OF WATER MANAGEMENT CITY OF DURHAM, NORTH CAROLINA PERMIT DRAWINGS SS-8 1 APPENDIX 6 LAKEWOOD PRM SITE PLANTING PLANS © OF 35 LAKEWOOD AVENUE SEWER REPLACEMENT PREPARED FOR DEPARTMENT OF WATER MANAGEMENT CITY OF DURHAM, NORTH CAROLINA STREAM STABILIZATION AND ENHANCEMENT ST-1 18 © OF 35 LAKEWOOD AVENUE SEWER REPLACEMENT PREPARED FOR DEPARTMENT OF WATER MANAGEMENT CITY OF DURHAM, NORTH CAROLINA STREAM STABILIZATION AND ENHANCEMENT ST-2 19 PLANTING ZONE DESCRIPTIONS AND NOTES LIVE STAKE DETAIL LIVE STAKE INSTALLATION ZONE 3 - EASEMENT AND RIGHT OF WAY PLANTINGS  Secale cereale Utochola ramosa Lolium multiflorum Triticum aestivum TABLE 2: TEMPORARY SEED MIXTURE Andropogon gerardii Coreopsis lanceolata Elymus virginicus Juncus effusus Panicum virgatum Rudbeckia hirta Schizachyrium scoparium TABLE 3: PERMANENT SEED MIXTURE Agrostis perennans Sorghastrum nutans Tripsacum dactyloides ZONE 1 - LIVE STAKE PLANTINGS ZONE 2 - RIPARIAN PLANTINGS TABLE 1: TREES AND SHRUBS PLANTING TABLE Cephalanthus occidentalis Salix sericea Sambucus canadensis Cornus amomum Cornus amomum Llex glabra Cephalanthus occidentalis Viburnum dentatum Photinia pyrifolia Salix nigra Alnus serrulata Juncus effusus Carex lurida Acillea millefolium Asclepias tuberosa Bidens aristosa Chamaecrista fasciculata Coreopsis lanceolata Echinacea purpurea Elymus canadensis TABLE 4: FLOWERING SPECIES SEED MIX Elymus virginicus Gaillardia pulchella Helianthus angustifolius Helianthus maximilianii Monarda punctata Rudbeckia hirta Schizachyrium scoparium Senna hebecarpa Sorghastrum nutans Symphyotrichum pilosum Tridens flavus Tripsacum dactyloides Verbena hastata © OF 35 LAKEWOOD AVENUE SEWER REPLACEMENT PREPARED FOR DEPARTMENT OF WATER MANAGEMENT CITY OF DURHAM, NORTH CAROLINA PLANTING NOTES AND DETAILS ST-3 20 © OF 35 LAKEWOOD AVENUE SEWER REPLACEMENT PREPARED FOR DEPARTMENT OF WATER MANAGEMENT CITY OF DURHAM, NORTH CAROLINA PLANTING PLAN ST-4 21 APPENDIX 7 SITE PHOTOGRAPHS Existing Land Use Within and Surrounding Permanent Stream Conservation Easement (Proposed Lakewood PRM Site) Lakewood PRM Site Durham, Durham County, North Carolina December 2023 Page 1 of 1 Photo 1 – Typical view of stream S4 and buffer facing south, downstream (June 2020) Photo 2 – Typical view of stream S4 and buffer facing northeast, upstream (March 2021) Photo 3 – Typical view of stream S4 facing upstream with kudzu present (June 2020) Photo 4 – Typical view of baseflow within stream S4 and kudzu on banks (June 2020)