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HomeMy WebLinkAboutLakewood PRM Plan_DWReditsID#` 20231617 Version; 1 Select Reviewer: Katie Merrill Initial Review Completed Date 01/22/2024 Mitigation Project Submittal - 1/22/2024 Is this a Prospectus, Technical Proposal or a New Site? Yes No Type of Mitigation Project:' Stream Wetlands Buffer Nutrient Offset (Si all that appM Project Contact Information Contact Name:' Email Address:` William Sullivan william.sullivan@kimley-horn.com Project Information ID#:* 20231617 Version:* 2 Existing ION Exisfiog`/eneoo Project Type: DMS Mitigation Bank Project Name: Lakewood PRM Buffer Project County: Durham Document Information Mitigation Document Type:' Mitigation Plans File Upload: EDurham_Lakewood_PRIM _Plan _20231211.pdf 16.82MB Please upload mly one PDF onM1e mmpble file that needs to be Submitted.. Signature Print Name:" William Sullivan Signature:* 01 % .' THE CITY OF DURHAM LAKEWOOD AVENUE PERMITTEE RESPONSIBLE RIPARIAN BUFFER MITIGATION SITE -- COMPENSATORY MITIGATION PLAN UPPER NEW HOPE WATERSHED (HUC 03030002) W LAKEWOO❑ AVENUE ❑URHAM, DURHAM COUNTY, NORTH CAROLINA PREPARED FOR: CITY OF DURHAM 10 1 CITY HALL PLAZA ❑URHAM, NC 27701 I M WATER MANAGEMENT CITY OF ❑URHAM PREPARED BY: KIMLEY-HORN AND ASSOCIATES, INC. 421 FAYETTEVILLE STREET, SUITE 600 RALEIGH, NC 27601 ❑ECEMBER 2023 Kimley)))Horn Lakewood Avenue Buffer PRM - D WR# 20210514 December 2023 Compensatory Mitigation Plan Table of Contents 1.0 INTRODUCTION............................................................................................................................1 2.O PROJECT BACKGROUND............................................................................................................. 1 I. E DURHAM PH1 A....................................................................................................................1 [I. LAKEWOOD PRM....................................................................................................................1 3.0 EXISTING CONDITIONS.. .............................................................................................................. 2 4.0 AVAILABLE MITIGATION CREDIT... ....... ..................................................................................... 2 5.0 PROPOSED COMPENSATORY RIPARIAN BUFFER MITIGATION PLAN...........................................3 I.❑BJECTIVE..............................................................................................................................3 II. SITE SELECTION.....................................................................................................................3 III. SITE PROTECTION...................................................................................................................5 IV. BASELINE CONDITIONS.... ....................................................................................................... 5 V. ❑ETERMINATION OF CREDIT...................................................................................................5 VI. MITIGATION WORK PLAN.........................................................................................................6 VII. MAINTENANCE.........................................................................................................................7 VIII. PERFORMANCE STANDARDS...................................................................................................7 IX. MONITORING...........................................................................................................................8 X. LONG TERM MANAGEMENT PLAN........................................................................................... $ XI. ADAPTIVE MANAGEMENT PLAN...............................................................................................9 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 213: 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 GENERATIDN TABLE AN FIGURE APPENDIX 4: CON SERVATION EASEMENT INFORMATION APPENDIX 5: EAST DURHAM PHASE 1 A PERMIT DRAWINGS APPENDIX 6: LAKEWOOD PLANTING PLANS APPENDIX 7: SITE PHOTOGRAPHS Lakewood Avenue Buffer PRM - D WR# 20210514 Compensatory Mitigation Plan 1.0 INTRODUCTION December 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 Ph1A"). Because the E ❑urham 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 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 ❑urham Ph1A 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 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 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 Ph1A project will require 22,509 square feet of compensatory buffer mitigation credits. II. LAKEWOOD PRM Du 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 - D WR# 20210514 Compensatory Mitigation Plan December 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 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-Hom 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 (NBRRQ #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 (NBRRQ #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 ❑urham 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 - D WR# 20210514 December 2023 Compensatory Mitigation Plan 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 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 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 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 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 15, 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 - D WR# 20210514 Compensatory Mitigation Plan December 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 mufti -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 locational ratio 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. 4 Lakewood Avenue Buffer PRM - D WR# 20210514 Compensatory Mitigation Plan III. SITE PROTECTION December 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 Lakewood Avenue Buffer PRM - D WR# 20210514 Compensatory Mitigation Plan December 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 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 6 Lakewood Avenue Buffer PRM - D WR# 20210514 Compensatory Mitigation Plan December 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 (Votes and Details (Appendix 6). Species to be planted include the following: Trees and Shrubs Planting Zone 1 • Button bush (Cephalanthus occidentalis) • Black willow (Salix nigre) • Silky willow (Salix sericea) • Elderberry (Sambucus canadensis) • Silky dogwood (Corpus amomum) • Soft rush (Juncus effuses) • Shallow sedge (Carex lurida) Planting Zone 2 • Southern arrowhead (Viburnum dentatum) • Silky dogwood (Corpus amomum) • Beautyberry (Callicarpa americana) • Button bush (Cephalanthus occidentaGs • 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 (Votes 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 - D WR# 20210514 Compensatory Mitigation Plan December 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, 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 1 D-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 Carolina 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. Fallowing each annual monitoring site visit, an annual monitoring report will be prepared and submitted to NCDWR by December 31 st X. LONGTERM 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. Lakewood Avenue Buffer PRM - D WR# 20210514 Compensatory Mitigation Plan December 2023 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 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. 9 APPENDIX ^% Project Coordinates E Durham Project Study Area. 35,987409,-78.906199 Lakewood PRM Site Study Area: 35.981399;-78.894705 QQ e v U- 2VJ = E C m u� YU° Wells Bivins St BMr? Y St St j 15 High Homer 419 W nterprise-st Q E `St St Aly ' Lf) d c Forest pf,jd a� Legend rrI Permanent Stream Conservation Easement �-i (Proposed Lakewood PRM Site) F Lakewood Sewer Project Study Area J-I E Durham Project Study Area City of Durham Durham County Durham County Atlantic Ocean !l Liberty Commerce St �<W. c o w St r m z KendrlckEir `. 62 Sp ary cn. j�nger ,q E CO 147 ertp/ '��e!y hg r 4. HaYti Ln 9i z F1 pet,/gre n erq ve 5t 55 g09 o ❑U `n Pr1oe �St Ave a� Aye _ o cn ■ 3,e0we Dupree Co x ac m� CO 5t o JoUpre� ve a 0 ' c FL,swso 5t �0-�P a�� 5•' ' s 5IM -Brant 4L St Ave U a ivy � E Lawson S Ave George T j St Miles Nelson St 0 0.3 0.6 PERSON ORANGE ❑URHAM Project Locations 11 WAKE CHATHAM Figure 1: Vicinity Map Kimley>>> Horn East Durham Water and Sewer Rehabilitation Project and Lakewood PRM Site Durham, Durham County, NC September 2023 r VIE. y +•��. �' � ••,y�� �'�},� fin. SI i A J � ram' �y, _� � _ 4 �' .�4• ' ��r, � .. t ' F f • r �- � ` ;' ;: �' ,, � �, .ri Feet 0 175 350 P _ J - Legend s ' . , , . ININ Jurisdictional Streams Top of Bank ..r C�3 Jordan Lake Watershed Buffer Zone 1 to �'t. C J Jordan Lake Watershed Buffer Zone 2 E Durham Project Study Area Kimley>Morn Figure 2a: Jurisdiotianal Features Map East Durham Water and Sewer Rehabilitation Project Durham, Durham County, NC August 2023 flit it _ ""r40, ,. 1 ilk �* i � �. do -� a ,- A OJO 1j, ""AWN. i 1Y 0 100 Kimley>>> Horn � Feet 200 ` 1 . i►r J N y I SI r , Legend zj Jurisdictional Stream Top of Bank C3Jordan Lake Watershed Buffer Zone 1 C3Jordan Lake Watershed Buffer Zone 2 rrI Permanent Stream Conservation Easement —J (Proposed Lakewood PRM Site) Figure 2b: Jurisdictional Feautres Map Lakewood PRM Site Durham, Durham County, NC September 2023 � COBB S_T I 40P 1 j 1 Feet 0 200 4011 Kimley>Morn �qoo 00 jAKE � � 1 A } Legend f� Permanent Stream Conservation Easement � (Proposed Lakewood PRM Site) Figure 3: USGS Topographic Map Lakewood PRM Site Durham, Durham County, NC September 2023 WVVc LW Ur 0 200 Kimley>>> Horn TI S�i %VwE - Legend L rr� Permanent Stream Conservation Easement (Proposed Lakewood PRM Site) Figure 4: NRCS Sail Survey Map Lakewood PRM Site Durham, Durham County, NC September 2023 I.:ff r5z�,�� fl�ra M t_ 509 i In � g i_ � g 00 ���� TV. 7 IWOor gig & Big[ a V eat �4 -.�AAD AeS Legend R� HUC Code 8 03030002 HUC Code 12 (�p �. Ellerbe Creek alDoftat \O� Headwaters New Hope Creek G] �. Third Fork Creek �3 r r � Permanent Stream Conservation Easement —� (Proposed Lakewood PRM Site) 'p` Lakewood Sewer Project Study" 47' E Durham 1 Project StudyMiles QF 0 0A 0.8 Figure 5: Watershed Overview Map Kimley>>> Horn Lakewood PRM Site Durham, Durham County, NC September 2023 APPENDIX 2 VIABILITY ASSESSMENT ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR Dle ., d� STAn 5 a2 NORTH CAROLINA EnNrolunental prwtlry February 27, 2023 City of Durham Attn: Harmon Henderson (via electronic mail: harmon.henderson&a.durhamnc.gov ) Re: Site Viability for Butler 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_ Q� a�a+•�+n awr North C=hno Depmvnem orEnwormen,ol Qmho, I Dsmsion or Wmtt Resow es 512 NoM 9alosbu ftm 1 1611 Mil 9ervme Ceram I Raleigh, North Carob 296"-1611 919 707 %00 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 Oassitication ❑mite rsubiect Riparian Land uses adiacent to Feature Buffer Credit 3Nutrient Onset '= Mitigation Type Determination w/in to riparian areas Buf%r tl[ 2111P) Viable Viable Rule S4 Urban Stream Yes non -forested urban 'Yes 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 (lx4). All information shall be included in a restoration plan for DWR review. No credits allowed within DOT right of w ays '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 MRCS. 'The 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 (ox4). Site cannot be a Preservation Only site to comply with this rule. INC Division of Water Resources - Meihodology and Calculations for determining Nutrient Reduct ions associated wish 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 tor butler mitigation or nutrient onset, 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. 6The 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). 'The area described as an Enhancement Site was assessed and determined to comply with all of 15A NCAC 02B .0295(ox6). 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 Febnmy 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 (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, Ill%Dxuspned By: ` WBDN Katie Merritt, Acting Supervisor 401 and Buffer Permitting Branch Attachments: Overall map, Area 2 map cc: File Copy (Katie Merritt) Page 3 of 3 4V OIL .. -dimgo it • �' Ar JULt 'Tr - S3 .. ♦ 31 It R - �� ter•. Area-2PNV ,.- Ak all NP ro\ +y� t: � T i ,ri � � �s..i.r•�' s� � ram' rr • _ • � ♦ � - ,�f�7 � ; } ..` ��f ~ OP- � .III � r - �' : �yt ~ , f � y.. � + � r ' � ' # il� � � � �� }► got, r r� s • Syr - AS rop ,�► .� KimieyoHorn � q2/2�12�23 � WHITE ANT - LAMONT WHITE 0 TAM IRA JQ, i• MOREHEAD AT V] LAKEWOOD t GREENE CASSANDRA AVE LLC PULLEY GREENE O ARTHUR R ROSENBERG GABRIEL , CkTYF DURHAM NATHAN SOLOMON ArTN GEN SERVICES: HARRIS SCOTT IREAL EST DIV s s MCCALLUM LEO = TJ MR CCALLUM f ISATRINItA j = LEVINE JAN,SSON EVA l 4 B IRGITTA r V FAMIGLIETTI ROBIN, ik DES. ON, BRIAN STAROSTA- D ESMOND BETA NNE' , r PEPPER �� S I ' �■ 11 BLAKErJ FORTUNEL�* It ' CHRISTIAN ALANp AUTHORIZED ,mFQRTUNEL NANCY I "W CORPORATIDN� 'APPLIANCE SERVICE '} CENTER IN # 1 r.• I' BEAKER .� 0 a{] 100 200 - Feet � Kimley o Horn S rw Y OE�DURHAM' GEN SERVICES lk EAR EST DIV r ft� 04 ERWIN DISTRIBUTING CORP INC F It 00, hod t ski j t.r + i- , 41. 'YAW.Legend 4 kp�e, Existing Easements I Proposed Top of Bank ' L?,x-e, � Property Line Tap of Bank Offset - 20' . v Preliminary Conservation Easement Top of Bank Offset - 30' ~ Proposed Buffer Mitigation Tap of Bank Offset - 100' LW Area 2 - Credit Generation Area Lakewood Avenue PRM Buffer Site - Area 2 E Durham Sewer Improvements Durham, Durham County, NC September 2022 APPENDIX 3 LAKEWOOD PRM SITE CREDIT GENERATION Appendix 3. Lakewood PRIM Buffer Site Area 2, Project Credit Table ape Fear - Jordan Upper New Hope 03 030002060 1 29,1023 Project Area N Credit Conversion Ratio (ft2/pound) P Credit Conversion Ratio [ftt/pound] 480.79311 Credit Type Location Subject? (enter [enter NO if ephemeral or ditch'] Feature Type Activity Min -Max Buffer Width {ft} Feature Name Total Area z (ft I Tota [Creditable} Area of Buffer Mitigation x Initial Credit Ratio {x:l} 36 Full Credit Final Credit Ratio (x:l] Convertible to Riparian Suffer? Riparian Buffer Credits Convertible to Nutrient Offset? Delivered Nutrient Offset: N (Ibs) Delivered Nutrient Offset: P (Ibs) Buffer Urban Yes I / P Restoration 0-50 Stream 54 17,399 17,399 1 1009E 1.00000 Yes 17,399.000 N/A Totals (ft2}: Total Buffer (ft2): Total Nutrient Offset (ft2): 17,399 17,399 17,399.000 0.000 0.000 17,399 17,399 0 N/A w I M t *104 10 25 50 r Ee y Kimley> Horn r vg Akb A*r .t • r s. ......V ....................... • ■ r - �, * �, Legend • '� f t a + ► • • • • Sanitary Sewer Easement • ' l r f', Proposed Top of Bank Permanent Stream Conservation Easement (Proposed Lakewood PRM Site) 100 j + Durham County Parcels � Feet da ft l� �I r• 03 Riparian Restoration for Buffer Credit (0-50') Top of Bank Offset - 20' C3 Top of Bank Offset - 30' Top of Bank Offset - 50' Top of Bank Offset - 100' Appendix 3: Lakewood PRM Buffer Credits Map E Durham Sewer Improvements Durham, Durham County, NC December 2023 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. MO REREAD 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 ACKNOWLE ;MENT BY CORPORATION COUNTY OF I, a notary public in and for the aforesaid county and state, certify that personally appeared before me this day and stated that s/he is _t ,) of California Commercial Multi -Family Inc , a corporation,. and that by authority duly given and as the acthe corporation, s/he signed, under seal, the foregoing instrument. This the day of ........... 120 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 County of On before me, Date Here Insert Name and 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. AUC1A DAVIS Notary Public • California = Z Ventura County f Commission 4 237308J25 *my Comm. Expires Sep 1, 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 t 1- 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 Date: Signer(s) Other Than Named Above: Capacity(ies) 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 G' EN�1)- THE N.C. RID 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 ` W LAKEWOOD AVE GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING !` REQUIREMENTS FOR PLATS. SI TE 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 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. This survey is of an existing parcel of land and W ENTERPRISE ST does not create a now street or change an axls4ing street; VICINITY MAP NOT TO SCALE I Professional Land Surveyor N Twa Parcel is faceted In the DURHAM COUNTY Planning Jurisdiction 0 - EXISTING IRON PIPE (EIP) TED OWNER 40 N36' 0T 104E / S7g' — -R/W. — , — EXISTING PUBLIC ROAD R/W 34.76' J2' fs J 68 - PROPERTY LINE NOT SURVEYED - PERMANENT STREAM EASEMENT ---------^--^---EIP � _" PRELIMINARY y NOT FOR RECORDATION, CONVEYANCES, OR SALES. j I/ r - - - - - - - - - - - .`. ! +V ` ^ NOW FORMERLY / ry PB 162 PG 113 MORENEAD AT LAKEWOOD AVE. LL.0 08 8495 PG 340 BM 199 PG 275-278 �! 1019 S DUNE 5T PARCEL ID 222559�" N IDD-S2 rZONING! 4 ' Elp NW 20- WE 37.45' PERMANENT % --;-4 w STORM EASEMENTEASEMENT PS 199 PG 278 / ry 22624 SO FT I 1 A / z + N10' 23' 01'E ` EIP NW 53' WIN' S22' 06' 30- / 67.29' W 5 w POSSIBLE POSSIBLE 96 23.27 �.. —. - O /� / GAP N88/ /� .'?0• — — OVERLrAP - DaSTWIG 30' CITY OF DURHAM / / -- _ — SANITARY SEWER EASEMENT/ 4fW / 1 / — 53' 55'W I� / r H88 /NOW OR FORMERLY / ��' 55.30, DDIISTUR13ED ALAND CORPORATION N.C. GRID COORDINATES NOW OR FORMERLY IDS 5293 PC 345 SEE NOTE #1 p rNp'I _�.[� �/ BM 199 PG 50 H- 814,245.19' r BLAKE PEPPER l? OF 502 W LAKEWOOD AVE DB 4315 PG 350 / / E=2.027,161.19' r ' PARCEL 0,115N2 BM 162 PG 113 ZONING: D�S2 !� 420 W LAKEWOOD AVE PARCELID. 5460 / / � f FLAIL DID1 / I iLl NOW OR FORMERLY i' BLAKE PEPPER / DO 4315 PG 380 r� BM 162 PG 113 424 W LAKEWOOD AVE REBAR� PARCEL IN 119461 ! 4 60 120 DISTURBEO { ZONING: DID-S2 � � Feel - 1 HEREBY CERTIFY TK4r THis PLAT WAS DONE W ACCORDANCE mTH STANDARD SURVEYING PR.4CACE5. E.O.C.: 1Z10,000 SUR*-fm LICENSE NLWBER ALL DISTANCES SHOWN ARE MOMZOWAL GROUND MEASURES IN FEET AREAS COMWUW BY COOROe1ATF5. IFU NAME SB19-898S-MOREHEAO.awa 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 Chk'd. CCJ I Job I 0at*_2V 8/21 Scale: 1- = 60' COOPER AND ASSOCIATES EASEMENT PUT (C-1461) 404 E. Chatham Streel LAKEWOOD AVE, LLC P.O. Boy 3444 SUite E GRANTEE - CITY OF DURHAM Cary, INC 27519 Cary, NC 27511 LAKEWOOD AVENUE STREAM RESTORATION PROJECT Office - (919) 469-1760 DURHAM TNSP., DURHAM COUNTY, NORTH CAROONA Book9486 - Page 380 Page 5 of 5 EXFIIBIT B Permanent Easement Uses Lakewood Avenue Stream Stabilization Purpose or 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 forthe 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 manufacturers instructions; to remove dead, diseased, or damaged trees and vegetation that obstruct, destabilize, or arc 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 LUNG -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; 1W141� 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 0213.0295; 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. 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 -terns 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. 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 S 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 34 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 S 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: Preaw APPENDIX 5 E DURHAM PHASE 1 A PERMIT DRAWINGS APPENDIX 6 Ir1:l ILI,MooM -191 0AWIII PLANTING PLANS PLAN LEGEND EROSION CONTROL LEGEND - PROPOSED MINOR CONTOURS LOD LIMITS OF DISTURBANCE 270 — PROPOSED MAJOR CONTOURS ' � SILT FENCE —BKF — BANKFULL ///„F COMBO SILT FENCE/ FLOODPLAIN BENCH TREE PROTECTION FENCE RIP RAP TEMPORARY HAUL ROAD C� tJti ` r ,noG • \ LOG J-HOOK TEMPORARY STAGING AREA CHES (CITY STREET) I . - }moo � ' - • - 40 o - _r�-`0 \ n. � 1 /i 000, HILLSIDE AVE i L • J (CITY STREET LLj ZZ .• Y 1z z Lz - Lz 1z <> a - e z Z100, . .� { r 7 Z _ 1 �TLZ Y 1� ti ��zz �- .may �i �o zz \ j \ tp. I r \ o I \ 1 ' \ Pn / 77. \ r C9 �ti IN. \ Cj i \ }Z NN A I GRAPHIC SCALE IN FEET - I 0 50 100 200 No. REVISIONS DATE BY This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley—Horn and Associates, Inc. shall be without liability to Kimley—Horn and Associates, Inc. Ki e ))) Horn ■ © 2023 KIMLEY-HORN AND ASSOCIATES, INC. 300 MORRIS STREET, SUITE 200, DURHAM. NC 27701 PHONE: 919-682-3583 FAX: 919-677-2050 NC LICENSE #F-0102 WWW.KIMLEY- HORN. COM KHA PROJECT 01149 4112 DATE SEPT 2023 SCALE 1 " — 20' LAKEWOOD AVENUE SEINER REPLACEMENT PREPARED FOR DESIGNED BY JLM DEPARTMENT OF WATER MANAGEMENT DRAWN BY DLH CITY OF DURHAM, NORTH CAROLINA CHECKED BY JLM - t%jiIIIIIIII, ..•''jK CARO ",,, _ SEAL _ oo 053547 •'ri FNGINE�i� vv `s. .1 . LHuXc�,'��. CITY OF DURHAM PUBLIC WORKS DEPARTMENT APPROVED ENGINEERING DAB STORM WATER DATE TRANSPORTATION DATE DATE SHEET NUMBER STREAM STABILIZATION ST-1 AND ENHANCEMENT 18 OF 35 PLAN LEGEND EROSION CONTROL LEGEND PROPOSED MINOR CONTOURS LOD LIMITS OF DISTURBANCE 270 — PROPOSED MAJOR CONTOURS SILT FENCE BKF BANKFULL COMBO SILT FENCE/ III FLOODPLAIN BENCH TREE PROTECTION FENCE RIP RAP TEMPORARY HAUL ROAD LOG J—HOOK TEMPORARY STAGING AREA 10' NO BUILD BUFFER SETBACK, TYP.Al 60, r — — -- ---- `" EXISTING RIP RAP 0p`���TO BE REMOVED. z 2� 22 2�1 Z2 Z2 Z2 _�`�_ z�=-`� a�`�==ter xa____�__-�__-_�_�-_�-___-Y_- -__ _ -_- � — — ��=� z� _ — _ _ __ 1 GO1 — ao� — ao� — ao� ❑o� �— _ _ ao� — — — — — -- ` � — -- - - ao� — aa� — ❑o� -- ao7 ❑a� — ao� — — oa-I — ao III—�111�11 1 l =dj - 3T0 20+DO �i _ [ < —BKF —BKF —BICF BKF —SXF KF --BKF - _ - }}} _ - BKF U T TO THIRD / ///!/!/ii/�✓i�i%�iii/ii/— �Jf// /// //// // BKF FORK CREEK//f///r /litii/i i - JBKF F _Q,SF j�jjjj% /! / ` BKF �6K 310 p l � t 1 � 1 1 1 UPDATED NOTES I�f�N1'd11 ` NZ2 1�8 IOQ.q . I �dL /11 f LoD r°a III �dl cIII ; / } aa�/// to� �� III �� ��di II��ro — goo - ///�I� I.DU = - -- - 1 z_ 1 - - - _ �� Boa iAQQ ,°o�� 1 _ CITY OF DURHAM PERMANENTAM EASEM~E~ ~ Z �00 EXISTING CITY OF DURHAM~` — d l SEWER EASEMENTti o❑ ' ^ ZI \ �310 ❑O NOT DISTURB EXISTING FENCE. ' Lz �. �/---�z11$a 312 312 x r2 o [� o z Ln �C Cj p O o m00 r v o N, O O�D W+r: � • � � cD D ov o0 0N � N � � 0 W H J (n W H J (n W 7 7 00 00 + � W (n W 0 N CV K) 0 N r+] W W J J [!!W NW Qw 308 0 w 308 304 304 302 302 M) LO co u7 n r Sri 6 Sri 0 0 ro v v 200+00 1 /10/22 J DLH No. REVISIONS DATE BY This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley--Horn and Associates, Inc. shall be without liability to Kimley—Horn and Associates, Inc. 201 +00 K -a I ■ illol e )))Horn © 2023 KIMLEY—HORN AND ASSOCIATES, INC. 300 MORRIS STREET, SUITE 200, DURHAM. NC 27701 PHONE: 919-682-3583 FAX: 919-677-2050 NC LICENSE #F-0102 WWW.KIMLEY—HORN.COM 202+00 KHA PROJECT 01149 4112 DATE SEPT 2023 SCALE 1 " = 20' DESIGNED BY JLM DRAWN BY ❑LH CHECKED BY JLM 203+00 LAKEWOOD AVENUE SEINER REPLACEMENT PREPARED FOR DEPARTMENT OF WATER MANAGEMENT CITY OF DURHAM, NORTH CAROLINA 204+00 t%jWu n 1 1 111 _ SEAL _ oo 053547 ol o frrn�r,++ 204+90.46 NOTES: 1) BOULDER STRUCTURES MAY REPLACE LOG STRUCTURES TO USE ON SITE MATERIAL AS LONG AS BOULDERS MEET SPECIFICATIONS AND DETAILS. 2) ALL STREAM WORK MUST BE COMPLETED "IN THE DRY". SEE SEE SHEET ❑-8/DETAIL 1 FOR STREAM PUMP AROUND OPERATION. 3) SILT FENCE SHOULD BE INSTALLED AROUND STREAM WORK AREA AND BETWEEN HAUL ROADS AND STAGING AREAS AND STREAM. 4) STAGING AREAS SHOULD BE SURROUNDED BY A DOUBLE LAYER OF SILT FENCE. 5) SEE STREAM CROSSING DETAIL, SHEET D-11. GRAPHIC SCALE IN FEET 0 10 20 40 PROFILE LEGEND 0 PROPOSED SANITARY SEWER/WATER LINE EXISTING GROUND ELEVATION — — — AT EXISTING CENTERLINE EXISTING GROUND ELEVATION — AT PROPOSED CENTERLINE PROPOSED CHANNEL BOTTOM ELEVATION CONSTRUCTED RIFFLE CONSTRUCTED RIFFLE W/ LOG J—HOOK GRAPHIC SCALE IN FEET 0 10 20 40 HORIZONTAL ENGINEERING STORM WATER TRANSPORTA71 STREAM STABILIZATION AND ENHANCEMENT CITY OF DURHAM PUBLIC WORKS DEPARTMENT APPROVED DATE DATE ON DATE DATE SHEET NUMBER ST-2 19 OF 35 PLANTING ZONE DESCRIPTIONS AND NOTES ZONE 1 - LIVE STAKE PLANTINGS LOCATION DESCRIPTION: LOWER GRADED BANKS LOCATED BETWEEN NORMAL WATER ELEVATION AND BANKFULL ELEVATION. PROPOSED GRADED BANK APPLICATION: 1. AMEND SOIL AS DESCRIBED IN SPECIAL CONDITIONS. SOIL AMENDMENT SHALL BE SUITABLE FOR STREAM BANK APPLICATION, SO THAT AMENDMENTS ARE RESISTANT TO FREQUENT WATER INUNDATION. 2. APPLY TEMPORARY SEED AND PERMANENT SEED MIXTURES PER TABLES 2 AND 3 THIS SHEET AND THE SPECIFICATIONS. 3. APPLY WHEAT STRAW MULCH PER GENERAL NOTES THIS SHEET AND THE SPECIFICATIONS. 4. INSTALL COIR FIBER MATTING PER THE COIR FIBER MATTING DETAIL ON ALL NEWLY GRADED STREAM BANK SLOPES. 5. INSTALL LIVE STAKE PLANTINGS IN ACCORDANCE WITH TABLE 1, LIVE STAKE DETAIL THIS SHEET AND THE SPECIFICATIONS. HERBACEOUS PLUGS SHOULD BE SUBSTITUTED FOR EVERY OTHER LIVE STAKE ON THE LOWEST ROW OF PLANTINGS NEAREST THE STREAM BED. ZONE 2 - RIPARIAN PLANTINGS LOCATION DESCRIPTION. AREAS BETWEEN BANKFULL OUTWARD AND TO THE BOUNDARY OF THE DISTURBED AREA AS SHOWN, INCLUDING THE BANKFULL BENCH, AS SHOWN IN THE PLAN AND PROFILE SHEETS. APPLICATION: 1. AMEND SOIL AS DESCRIBED IN SPECIAL CONDITIONS. SOIL AMENDMENT SHALL BE SUITABLE FOR STREAM BANK APPLICATION, SO THAT AMENDMENTS ARE RESISTANT TO FREQUENT WATER INUNDATION. 2. APPLY TEMPORARY SEED AND PERMANENT SEED MIXTURES PER TABLES 2, 3, AND 4 ON THIS SHEET AND THE SPECIFICATIONS. 3. APPLY WHEAT STRAW MULCH PER GENERAL NOTES THIS SHEET AND THE SPECIFICATIONS. 4. INSTALL COIR FIBER MATTING ON ALL NEWLY GRADED OR DISTURBED SLOPES OF 2:1 OR STEEPER. 5. INSTALL TUBELING PLANTINGS IN ACCORDANCE WITH TABLE 1, SEE SPECIFICATIONS. ZONE 3 - EASEMENT AND RIGHT OF WAY PLANTINGS LOCATION DESCRIPTION: UTILITY EASEMENT AND RIGHT OF WAY AREAS WITHIN THE PROJECT OUTSIDE TOP OF BANK. APPLICATION: 1. APPLY TO EXISTING UTILITY EASEMENT AREAS UTILIZED DURING CONSTRUCTION AS HAUL ROADS OR STAGING AREAS. 2. AMEND SOILS WITH TOPSOIL AS DESCRIBED IN SPECIAL PROVISIONS. 3. APPLY TEMPORARY SEED AND PERMANENT SEED MIXTURES IN ACCORDANCE WITH TABLE 2 AND 5 ON THIS SHEET, AND THE SPECIFICATIONS. 4. APPLY WHEAT STRAW MULCH PER NOTES THIS SHEET, AND THE SPECIFICATIONS. CUT TOP END FLAT, AND CLIP OFF HAMMER DAMAGE. LATERAL BUD - FACING UPWARD BARK RIDGE; ---, UNDAMAGED BARK SIDE BRANCH - REMOVED LOW SEASONAL WATER TABLE 45' TAPER BUTT END LIVE STAKE DRIVEN 5/8" - 1 1 /4" AT RIGHT ANGLE TO SURFACE SLOPE. J GROUND SURFACE R n T K) LIVE STAKE NOTES: h SEE SPECIAL PROVISIONS FOR INSTALLATION AND } } CARE OF LIVE STAKES AND LIVE CUTTINGS. J 0y LO II ¢ J LIVE STAKE DETAIL NOT TO SCALE LONGER STAKES SHOULD BE PLACED HIGHER ON THE BANK TO HELP WITH PENETRATION INTO THE WATER TABLE. TABLE 1: TREES AND SHRUBS PLANTING TABLE SCIENTIFIC NAME COMMOM NAME TYPE' COMPOSITION OF EACH ZONE PLANT SPACING FEET ON CENTER NUMBER PER 1,000 SF ZONE 1 Cephalanthzt.socc•identali•s Button Bush LS 20 3-4 250 Sativ nigra Black Willow LS 5 Salix se)-ic•ea Silky Willow LS 25 Sambuc•us c•anadensis Elderberry LS 20 Comu.s amomum Silky Dogwood LS 30 Juncus effusus Soft Rush HP 50 Ca) -ex lurida Shallow Sedge HP 50 ZONE 2 Viburnum clentatum Southern Arrowwood T 25 8-12 15 Cormts amomum Silky Dogwood T 25 Lh,wr glahra Beauty Berry T 15 Cephalanthu.s oc•c•identalis Button Bush T 10 Photinia pyrifolia Red Chokeberry T 10 Ahms serrulata Tag Alder T 15 1. LS = LIVE STAKE, HP = HERBACEOUS PLUGS, T = TUBELINGS 2. AVERAGE FEET ON CENTER SPACING 3. AVERAGE NUMBER PER 1,000 SQUARE FEET OF PLANTING ZONE GENERAL NOTES INVASIVE SPECIES REMOVAL IS REQUIRED IN ALL PLANTING ZONES TEMPORARY PLANTING AND PERMANENT SEEDING SHALL OCCUR IMMEDIATLEY AFTER CONSTRUCTION TO STABILIZE AREAS OF BARE SOIL. PERMANENT PLANTINGS SHALL BE COMPLETED BETWEEN NOVEMBER 15 AND MARCH 1. HOWEVER, PLANTING MAY OCCUR OUTSIDE THIS WINDOW AS APPROVED BY DESIGN ENGINEER. APPLY SOIL AMENDMENTS TO DISTURBED AREAS ACCORDING TO THE FOLLOWING TABLE AT 1,000 LBS/ACRE (UNLESS SOIL TESTING INDICATED OTHERWISE AS APPROVED BY ENGINEER): W APPLY LIME TO ADJUST SOIL pH IN ACCORDANCE WITH THE SPECIFICATIONS. EXOTIC AND INVASIVE PLANTS, VINES, AND GRASSES SHALL BE TREATED AND REMOVED INSIDE ALL OF THE PLANTING ZONES. THE CRITICAL ROOT ZONES OF REMAINING TREES WITHIN 65' PERIMETER BUFFER, PROTECTED BY TREE PROTECTION FENCE, SHALL NOT BE DISTURBED BY PLANTING ACTIVITIES. MULCH APPLY 4,000 LB/ACRE STRAW. ANCHOR STRAW BY TACKING, WITH BIODEGRADABLE NETTING, OR A MULCH ANCHORING TOOL. MAINTENANCE REFERTILIZE IF GROWTH IS NOT FULLY ADEQUATE. RESEED, REFERTILIZE, AND MULCH IMMEDIATELY FOLLOWING EROSION OR OTHER DAMAGE PER SECTION 6.10 OF NCDENR EROSION AND SEDIMENT CONTROL DESIGN MANUAL. SEE EROSION AND SEDIMENT CONTROL PLANS AND SPECIAL PROVISIONS FOR GROUND COVER ESTABLISHMENT REQUIREMENTS. GROUND COVER MUST BE ESTABLISHED ON ALL DISTURBED SURFACES PER NCDENR REQUIREMENTS OR SPECIAL PROVISIONS, WHICHEVER IS MORE STRINGENT. 2'-3' LIVE CUTTING (DORMANT) INSTALL WOVEN COIR FIBER MAT OVER SEED AND MULCH APPLICATION PER COIR FIBER MATTING DETAIL ESTABLISHED PLANT SHOWN FOR INFORMATION ONLY INSTALL WOODEN STAKES TO SECURE COIR FIBER MATTING DETAIL UNDISTURBED SOIL LIVE STAKE INSTALLATION NOT TO SCALE SPECIES NAME TABLE 2: TEMPORARY SEED MIXTURE COMMON NAME (AUG. 15-MAY 15) PERCENT MIX (MAY 16-AUG.14) PERCENT MIX Secale cereale Rye Grain 75 10 Utocholaramosa Browntop Millet 5 80 Lolium multif7orum Annual Rye 10 10 Tritic um ae.stivum Wheat Gross 10 0 * APPLICATION RATE OF 130 Ibs/ac TABLE 3: PERMANENT SEED MIXTURE 1 SPECIES NAME COMMON NAME MIX PERCENTAGE 3 Agrosti.s perennans Autumn bentgross 15 Andropo on f,+erarchi Big Bluestem 10 Coreopsis lanc•eolata Lanceleaf coreopsisF_ 10 Elymus virginicus Virginia wild rye .Tutzcu.s effitszr.s Soft Rush 5 Pazzicunt virgatum Switchgross 15 Rudhec•kia hirta Black-eyed Susan 10 Schizachyrium scoparium Little bluestem 5 Sorghastrum nutans Indian grass 5 Tripsac•umcicict.yloides Eastern gomogross 5 1. MELLOW MARSH FARM RIPARIAN BUFFER SEED MIX OR APPROVED EQUIVALENT. 2. PERMANENT SEED MIX (60-657.) TO BE COMBINED WITH FLOWERING SPECIES MIX (35-40%). 3. APPLICATION RATE OF 20-25 POUNDS PER ACRE. TABLE 4: FLOWERING SPECIES SEED MIX "3 SPECIES NAME COMMON NAME MIX PERCENTAGE SPECIES NAME COMMON NAME MIX PERCENTAGE Ac•illeamillefalium Common yarrow 10 Helianthusmaximilianii Maximilian's sunflower 2 Asclepias tuherosa Butterfly weed 1 Monarda punctata Spotted beebalm 2 Bidensaristosa Bidens 9 Rudbeckiahirta Blockeyed susan 6 Chamaec•rista fasc•ic•ulata Partridge pea 10 Sc•hizac•hyrium sc•oparium Little bluestem 4 Coreopsis lanceolata Lance leaf tickseed 10 Senna hebecarl)a Wild senno 2 F_c•hinaceaInirlyurea Cone flower 4 Snrghastrum nutan.s Indian grass 6 Elymus canctdensis Canada wild rye 6 Symphyotric•hum pilosum Heather aster 1 Elymusvirginic'us Virginia wild rye 6 TridensfTavus Purple top 4 Gaillardiapulchella Indian blanket 8 Tripsczcumdac-tyloicles Eastern gamagrass 6 Helianthus angustifolius Swamp sunflower 2 Verheno hastato Blue vervain 1 1. FLOWERING SPECIES SEED MIX (60-657.) TO BE COMBINED WITH PERMANENT/WETLAND MIX (35-40%'). 2. APPLICATION RATE 15-20 POUNDS PER ACRE 3. MELLOW MARSH FARM POLLINATOR SEED MIX OR APPROVED EQUIVALENT. TABLE 5: EASEMENT SEED MIX (NCDENR 6.1 1)* DATE SEEDING SCHEDULE SHOULDERS, SIDE DITCHES, SLOPES (3:1) Type Aug. 15-Nov. 1 Tall Fescue 250 lbs./acre Nov. 1-Mar. 1 Tall Fescue 250 lbs./acre & Abruzzi Rye 25 lbs./acre Mar. 1-Apr. 15 Toll Fescue 250 lbs./acre Apr. 15-Jun. 15 Hulled Common Bermudagrass 12 lbs./acre Jun. 15-Aug. 15 Tall Fescue 60 lbs./acre & Browntop Millet *** 35 lbs./acre or Sorghum -Sudan Hybrids *** 30 lbs./acre Slopes (3:1 to 2:1) (Mar. 1-Apr. 15) Tall Fescue 60 lbs./acre (Mar. 1-Jun. 30) or Add Weeping Lovegross 5 lbs./acre (Mar. 1-Jun. 30) or Add Hulled Common Bermudagrass 8 lbs./acre Jun. 1-Sep. 1 Tall Fescue *** 60 lbs./acre & Browntop Millet *** 35 lbs./acre or Sorghum -Sudan Hybrids *** 30 Ibs./acre (Nov. 1-Mar. 1) Add Abruzzi Rye 25 lbs./acre CONSULT CONSERVATION ENGINEER OR SOIL CONSERVATION SERVICE FOR ADDITIONAL INFORMATION CONCERNING OTHER ALTERNATIVES FOR VEGETATION OF DENUDED AREAS. THE ABOVE VEGETATION RATES ARE THOSE WHICH DO WELL UNDER LOCAL CONDITIONS: OTHER SEEDING RATE COMBINATIONS ARE POSSIBLE. *** TEMPORARY - RESEED ACCORDING TO OPTIMUM SEASON FOR DESIRED PERMANENT VEGETATION. DO NOT ALLOW TEMPORARY COVER TO GROW OVER 12 INCHES IN HEIGHT BEFORE MOWING, OTHERWISE, FESCUE MAY BE SHADED OUT. * SERICEA LESPEDEZA WAS REMOVED FROM THE NCDENR EASEMENT SEED MIX. SEEDING SPECIFICATIONS 1) AFTER ROUGH GRADING IS COMPLETED, TILL SOIL IN AREAS TO BE SEEDED AND PLANTED TO A DEPTH OF SIX INCHES. 2) APPLY AGRICULTURAL LIME, FERTILIZER, AND SUPERPHOSPHATE TO DISTURBED AREAS TO BE VEGETATED. A MINIMUM OF 2 TONS LIMESTONE/ACRE WITH 3 TONS LIMESTONE/ACRE IN CLAY SOILS OR PER SOILS TEST 35 LBS. 10-10-10 FERTILIZER/1000 SQ. FT. (1500 LBS/ACRE) 40 LBS. 50% SUPERPHOSPHATE/1000 SQ. FT. (1750 LBS/ACRE) 3) DISK NUTRIENTS INTO SOIL TO A DEPTH OF SIX INCHES UNTIL SURFACE IS UNIFORM AND FREE OF LARGE DIRT CLODS. 4) Seeding permanent grass. 3.0 LBS. KY-31 TALL FESCUE/1000 SQ. FT. (130 LBS./ACRE) DURING FEBRUARY 15 THROUGH MAY 15 OR AUGUST 15 THROUGH NOVEMBER 15. -OR- 3.0 LBS. KY-31 TALL FESCUE AND 2.0 LBS. ANNUAL RYEGRASS/1000 SQ. FT. DURING NOVEMBER 15 THROUGH FEBRUARY 15. 5) MULCH SEEDED AREA WITH SMALL GRAIN STRAW AT 90 LBS/1000 SQ. FT. (2 TONS/ACRE). SPREAD UNIFORMLY. APPROXIMATELY OF GROUND SURFACE SHOULD BE VISIBLE TO AVOID BLOCKING SUNLIGHT TO SEEDLINGS. ON AREAS WHERE THE GROUND SURFACE EQUALS OR EXCEEDS A 3:1 SLOPE, AND IN THE INVERTS OF ALL DRAINAGE SWALES, TACK MULCH WITH ASPHALT EMULSION AT A RATE OF 400 GALLONS EMULSION PER ACRE OF STRAW. 6) MULCH AROUND SHUBBERY AND TREES WITH PINE STRAW TO DEPTH OF 3 INCHES. 7) TEMPORARY COVER 1.0 LBS. BROWN TOP MILLET/1000 SQ. FT. MAY THROUGH AUGUST 25. -OR- 1.0 LBS. ANNUAL RYEGRASS/1000 SQ. FT. AUGUST 25 THROUGH APRIL. 8) MAINTENANCE REQUIREMENTS: REFERTILIZE IF GROWTH IS NOT FULLY ADEQUATE. RESEED, REFERTILIZE, AND MULCH IMMEDIATELY FOLLOWING EROSION OR OTHER DAM AGE. CITY OF DURHAM PUBLIC WORKS DEPARTMENT APPROVED ENGINEERING DATE STORM WATER DATE TRANSPORTATION DATE DATE ■ PROJEC of 494112T LAKEWOOD AVENUE SEINER ►►�+++�I�++►►► Nx pSHEET NUMBER CA1�Z:"' K11111ey)))Horn DATE REPLACEMENT 5 SEPT 2023 PLANTING NOTES SEAL ST-3 SCALE 1" - 20' PREPARED FOR - a53547 - © 2023 KIMLEY-HORN AND ASSOCIATES, INC. - AND DETAILS No- REVISIONS DATE BY 300 MORRIS STREET, SUITE 200, DURHAM. NC 27701 DESIGNED BY JLM DEPARTMENT OF WATER MANAGEMENT This document, together with the concepts and designs presented herein, as an instrument of service, is intended only PHONE. 919-682-3583 FAX: 919-677-2050 DRAWN BY DLH "i'01Q4� 5 ���� for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without NC LICENSE F-0102 WWW.KIMLEY-HORN.COM '►►►►►° ;�;+;;►►�� 20 OF 35 written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and # CHECKED BY JLM CITY OF D U R HAM , NORTH CARO L I NA Associates, Inc- PLANTING LEGEND © ZONE 1 — LIVE STAKE PLANTINGS ® ZONE 2 — RIPARIAN PLANTINGS ZONE 3 — EASEMENT PLANTINGS 10 NO BUILD BUFFER = = — 1 SETBACK, TYP. r �7-2Z2�?2_ Z2 __ 71 _ — !!1 I — I 1 1 UPDATED PLANTING AREA r-� - WE; mu ��� �►' t MI IM �r �' .�IVA 4 law �f4f 'IV" INA Ell IP 111111111111111 _ _ . ".11 IIPAL OWNI ���FAMAM �.�.•- rr �. 'iWAFL11111111110 ^.+ >.���� �11ENEMqkw II III III ol IN , w� .,., 7 ... NO .. i `�� I�IN N 1 E�/22 1 DLH No. REVISIONS DATE BY This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley—Horn and Associates, Inc. shall be without liability to Kimley—Horn and Associates, Inc. ■ i e ))) Horn © 2023 KIMLEY—HORN AND ASSOCIATES, INC. 300 MORRIS STREET, SUITE 200, DURHAM. NC 27701 PHONE: 919-682-3583 FAX: 919-677-2050 NC LICENSE #F-0102 WWW.KIMLEY—HORN.COM KHA PROJECT 01149 4112 DATE SEPT 2023 SCALE 1 " = 24' DESIGNED BY JLM DRAWN BY ❑LH CHECKED BY JLM i 000'd�-T�]`d�I IN ZC � _CD 1 Q i AA CD 100, n1� ■\ LAKEWOOD AVENUE SEINER REPLACEMENT PREPARED FOR DEPARTMENT OF WATER MANAGEMENT CITY OF DURHAM, NORTH CAROLINA ��.•'�'�xl CAROLi`'�. p :. F>Gssio.,,Qay 4°°y • _ SEAL _ oo 053547 o f+rnt+++ 7 �\ cJ � a � PLANTING PLAN GRAPHIC SCALE IN FEET 0 10 20 40 ENGINEERING STORM WATER TRANSPORTATION CITY OF DURHAM PUBLIC WORKS DEPARTMENT APPROVED DATE DATE DATE DATE SHEET NUMBER ST-4 21 OF 35 APPENDIX 7 011au:r1lItole 7FlaME Existing Land Use Within and Surrounding Permanent Stream Conservation Easement )posed Lakewood PKM r i N Photo 1 — Typical view of stream S4 and buffer facing south, Photo 2 — Typical view of stream S4 and buffer facing northeast, downstream (June 2020) upstream (March 2021) l� '.► err - 1 f rI. �4. Photo 3 — Typical view of stream S4 facing upstream with kudzu Photo 4 — Typical view of baseflow within stream S4 and kudzu on present (June 2020) banks (June 2020) Lakewood PRM Site Durham, Durham County, North Carolina Page t of 1 Kimiey oHorn December 2023