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HomeMy WebLinkAbout20160130 Ver 1_As-Built Report_20170424North Fork Little River Nutrient Offset and Buffer Mitigation Bank Parcel Wildlands Holdings II, LLC's North Fork Little River Nutrient Offset and Riparian Buffer Mitigation Bank AS -BUILT & BASELINE MONITORING REPORT April 2017 PREPARED BY: Wildlands Engineering, Inc. 312 West Millbrook Road, Suite 225 Raleigh, NC 27609 W I L D L A N D S Phone: 919-851-9986 ENGINEERING AS -BUILT & BASELINE MONITORING REPORT North Fork Little River Nutrient Offset and Buffer Mitigation Bank Parcel Wildlands Holdings II, LLC's North Fork Little River Nutrient Offset and Riparian Buffer Mitigation Bank TABLE OF CONTENTS 1.0 Introduction................................................................................................................................ 2 2.0 Parcel Location & Background....................................................................................................2 2.1 Location and Setting...............................................................................................................2 2.2 Parcel Background..................................................................................................................2 2.3 Parcel Objectives....................................................................................................................3 3.0 Restoration Activities.................................................................................................................3 4.0 Mitigation Potential....................................................................................................................3 5.0 Monitoring Protocol & Success Criteria.....................................................................................3 6.0 Financial Assurance & Long Term Management........................................................................4 6.1 Financial Assurance................................................................................................................4 6.2 Parcel Maintenance................................................................................................................4 7.0 References..................................................................................................................................4 APPENDICES Appendix A: General Figures and Tables Table 1 Project Components and Mitigation Credits Table 2 Project Activity and Reporting History Table 3 Project Contact Table Table 4 Project Information and Attributes Table 5 Adjacent Forested Areas Existing Tree and Shrub Species Table 6 Planted Tree Species Figure 1 Parcel Location Figure 2 Service Area Figure 3 Credit Generation Map Figure 4 Monitoring Components Map Figure 5 As -Built Survey Appendix B: Vegetation Plot Data Table 7 Planted and Total Stem Counts Vegetation Plot Photographs Appendix C: INC DWR Surface Water Determination On -Site Surface Water Determination Letter and Map (2013) On -Site Surface Water Determination Letter and Map (2015) Appendix D: Conservation Easement Appendix E: Financial Assurance Appendix F: Overview Photos W North Fork Little River Nutrient Offset and Buffer Mitigation Bank Parcel Page 1 As -Built & Baseline Monitoring Report—April 2017 AS -BUILT & BASELINE MONITORING REPORT North Fork Little River Nutrient Offset and Buffer Mitigation Bank Parcel Wildlands Holdings II, LLC's North Fork Little River Nutrient Offset and Riparian Buffer Mitigation Bank The North Fork Little River Nutrient Offset and Buffer Mitigation Bank Parcel ("Site") is a part of the Wildlands Holdings II, LLC (Sponsor) North Fork Little River Nutrient Offset and Buffer Mitigation Bank (Bank). The Mitigation Banking Instrument (MBI) for the Bank was signed on April 19, 2016. The project Site was planned, designed, and constructed encompassing land along tributaries to the North Fork Little River in Durham County, NC (Figure 1). The project has been planned, designed and constructed per the MBI, 15A NCAC 02B .0240 and the Consolidated Mitigation Rule 15A NCAC 02B .0295. The purpose of the Bank is to provide riparian buffer credits to compensate for buffer impacts within the Hydrologic Unit Code 03020201 and to provide nutrient offset payments within the Falls Lake Watershed. The service areas for both the riparian buffer and nutrient offset mitigation are depicted in Figure 2. The mitigation credits generated from this site are listed in Table 1 and shown in Figure 3. 1.0 Introduction The Parcel involves restoring Neuse riparian buffers and other riparian areas adjacent to streams and ditches onsite in order to reduce non -point source contaminant discharges to downstream waters in the Falls Lake Watershed. Approximately 33.43 acres of the project area are protected by a permanent conservation easement. The Site is located in a rural watershed within the Neuse River Basin (HUC 03020201) and within sub - basin 02-00-10. Stormwater runoff drains into eight identified features (A -H): three unnamed tributaries to the North Fork of the Little River and five ditches. All Site features flow into unnamed tributary Feature A, which then flows into another unnamed tributary to the North Fork of the Little River, the Little River, the Little River Reservoir, the Eno River, and ultimately into Falls Lake. All of the intermittent streams on the Site are classified as Nutrient Sensitive Waters (NSW) by DWR. The Little River Reservoir is a major source of drinking water for the City of Durham; Falls Lake is a major source of drinking water for the City of Raleigh. To protect these reservoirs, the Little River and its waters are also classified as Water Supply II (WS -II) and as a High Quality Water (HQW) by DWR. 2.0 Parcel Location & Background 2.1 Location and Setting The Site is located in northwestern Durham County, approximately 14 miles north of the City of Durham (36° 10' 9.48" N and 78° 55' 49.44" W) in a rural watershed within the Neuse River Basin (HUC 03020201) and within Division of Water Resources (DWR) sub -basin 02-00-10. To get to the Parcel from downtown Durham, travel north on U.S. Highway 501 North for approximately 12.7 miles. Turn left ontc S. Lowell Road and continue west for approximately 1.9 miles to the intersection with Johnson Mill Road. The Parcel will be on the north side of S. Lowell Road at this intersection (Figure 1). 2. 2 Parcel Background Prior to construction, the Site consisted primarily of open agricultural fields, used mainly in row crop production for corn. Streams, ditches, and other stormwater conveyances on the Site had little to no riparian buffer and were mowed in most locations on an annual basis. Tables 2, 3, and 4 in Appendix A W North Fork Little River Nutrient Offset and Buffer Mitigation Bank Parcel Page 2 As -Built & Baseline Monitoring Report—April 2017 provide detailed information regarding the Project Activity and Reporting History, Project Contacts, and Project Baseline Information and Attributes. While the Site consisted of agricultural fields, there are some forested areas on the opposite side of Lowell Road (Figure 3). This area is dominated by sweetgum (Liquidambar styraciflua) but contains some loblolly pine (Pinus taeda), black willow (Salix nigra), red maple (Acer rubrum), and sycamore (Platanus occidentalis). This forested area is generally characterized as a Piedmont Bottomland Forest according to the North Carolina Natural Heritage Program (NHP) classification system (Schafale, 2012). Table 5 includes a list of the species found in this ecosystem type and that have the potential for occurrence in the forested area adjacent to the project. 2.3 Parcel Objectives The main objective of the Site was to reduce nitrogen and phosphorous to Neuse River receiving waters through converting the land use from active row crop agriculture to a riparian forest. The riparian corridors will absorb nutrients, thereby preventing them from flowing into North Fork Little River and farther downstream into the Neuse River. 3.0 Restoration Activities Developing the Site for mitigation required altering current land use practices. The majority of the Site had been maintained as a row crop agricultural field. Both the Neuse buffer and the nutrient offset restoration areas were replanted with appropriate native tree species within the project corridors. The trees were planted by hand and did not require any ripping of the soil. Planting was completed in January 2017. A few small areas totaling 2.20 acres were missed during the original planting in January 2017. These areas were along stream and ditch banks and had existing shrubby vegetation on them, but very few trees. The shrubby vegetation was mowed and planted with trees in March 2017. The revegetation plan for the Site included planting of bare root trees and controlling invasive species growth. Bare root trees selected for the Site were native bottomland hardwood species typical for Piedmont communities as defined by Schafale (2012). Adjacent forested areas were also used as a reference for the Site. Trees were planted at a density of 605.5 trees per acre on the Site. Table 6 lists the tree species that were planted on the Site. Wildlands restored the Neuse River buffers and riparian areas by planting trees from 0-200' from top of bank along all of the project streams and ditches. 4.0 Mitigation Potential 33.43 acres of land were protected with a conservation easement. Out of the 33.43 acres, 13.90 acres were restored for Neuse River buffer credit, and 18.31 acres (41,618.99 lbs. -N and 2,680.58 lbs. -P) were restored for nutrient offset credit. One point two two (1.22) acres will not generate mitigation credit (0.43 acre of stream, 0.38 acre of ditch, 0.21 acre does not qualify for mitigation credit due to distance from project features, 0.20 acre does not qualify for mitigation credit due to lack of diffuse flow entering the feature). In general, riparian buffer restoration area widths on streams extend out to 100 feet from top of bank for Neuse River buffer credits and out to 200 feet for nutrient offset credits. Riparian restoration widths on ditches extend out to 50 feet from top of bank for Neuse River buffer credits and out to 200 feet for nutrient offset credits. Maps detailing the credit generation are provided in Figure 3. 5.0 Monitoring Protocol & Success Criteria Twenty-seven 10 -meter by 10 -meter vegetation monitoring plots were installed within the buffer restoration area to measure the survival of the planted trees (Figure 4). The number of plots required was determined in accordance with the Carolina Vegetative Sampling Protocol (CVS) Levels 1 & 2. W North Fork Little River Nutrient Offset and Buffer Mitigation Bank Parcel Page 3 As -Built & Baseline Monitoring Report—April 2017 Vegetation assessments were conducted in January 2017 following the CVS Levels 1 & 2 Protocol for Recording Vegetation, Version 4.0 (Lee et al. 2006). The as -built baseline data shows a planted tree density of 605.5 stems per acre (Table 7). This is well above the 260 stems per acre required at the end of year five monitoring. Each year a reference photo will be taken from the southwestern corner of each veg plot, and all planted stems will be marked with flagging tape and recorded. Annual monitoring activities will begin in the fall of 2017 and will commence in September or October for the remainder of the monitoring period or until vegetation success criteria is met. Species composition, density, and survival rates will be evaluated on an annual basis by plot for the entire site. Wildlands shall submit to NCDWR an annual monitoring report, no later than December 31" of each year for five consecutive years and will follow the terms and conditions of the Wildlands MBI signed on April 19, 2016. Success criteria within the Neuse buffer and nutrient offset restoration areas will be based on the survival of a minimum density of 260 planted stems per acre after five years of monitoring. 6.0 Financial Assurance & Long Term Management 6.1 Financial Assurance After completion of the restoration/construction, a separate Performance/Maintenance Bond will be secured for 100% of the estimated cost to implement the monitoring and maintenance plan, but not less than $100,000.00. The Performance/Maintenance Bond shall apply at the inception of the monitoring period for a term of one year, to be extended annually for a minimum of five years. Upon NCDWR approval, this may be lowered each year based on the adjusted cost to complete the monitoring. A copy of the monitoring bond is provided in Appendix E. 6.2 Parcel Maintenance Adaptive measures will be developed or appropriate remedial actions will be implemented in the event that the Site or a specific component of the Site fails to achieve the success criteria. Site maintenance will be performed to correct any identified problems that have a high likelihood of affecting project success. Such items include but are not limited to excess tree mortality caused by fire, flooding, drought or insects. Any actions implemented will be designed to achieve the success criteria and will include a work schedule and updated monitoring criteria. 7.0 References Guidelines for Riparian Buffer Restoration. NC Department of Environment and Natural Resources, Ecosystem Enhancement Program. October 2004. Lee, Michael T., Peet, Robert K., Steven D., Wentworth, Thomas R. 2006. CVS-EEP Protocol for Recording Vegetation Version 4.0. Retrieved from http://www.nceep.net/business/monitoring/veg/datasheets.htm. Peet, R.K., T.R. Wentworth and P.S. White. 1998. A flexible, multipurpose method for recording vegetation composition and structure. Castanea 63:262-274. http://cvs.bio.unc.edu/methods.htm Schafale, M.P. and Weakley, A.S. 1990. A Classification of the Natural Communities of North Carolina, Third Approximation. Wildlands Holdings II, LLC (2016). North Fork Little River Banking Instrument. NCDWR, Raleigh NC. http://portal.ncdenr.org/web/wq/nutrientbufferbanks W North Fork Little River Nutrient Offset and Buffer Mitigation Bank Parcel Page 4 As -Built & Baseline Monitoring Report—April 2017 APPENDIX A. General Figures and Tables Table 1. Project Components and Mitigation Credits North Fork Little River Mitigation Site Monitoring Year 0 - 2017 Mitigation Type Buffer Zone Credit Type Total Acreage Credit Ratio Credit Per Acre Mitigation Credit BPDP Zone A: Top of Bank -50' Riparian Buffer 8.34 N/A 1:1 43,560 ft' 363,290.4 ft' Restoration Zone 8: 51'-100' Riparian Buffer 5.56 April 2017 1:1 43,560 ft' 242,193.6 ft' December 2017 Year 2 Monitoring 2018 December 2018 Subtotal 605,484.00 ft2 December 2019 Zone A: 0-50' Nitrogen 1.08 Year 5 Monitoring 1:1 2,273.0216./acre 2,454.861bs. Restoration Zone B: 51'-100' Nitrogen 3.18 1:1 2,273.0216./acre 7,228.201bs. Zone C: 101'-200' Nitrogen 14.05 1:1 2,273.0216./acre 31,935.93 lbs. Subtotal 41,618.99 lbs. Zone A: 0-50' Phosphorous 1.08 1:1 146.4 lb./acre 158.11 las. Restoration Zone B: 51'-100' Phosphorous 3.18 1:1 146.4 lb./acre 465.55 lbs. Zone C: 101'-200' Phosphorous 14.05 1:1 146.4 lb./acre 2,056.92 lbs. Subtotal 2,680.S8 lbs. Total Buffer Restoration Credits 605,484.00 W Total Nutrient Offset Credits— Nitrogen 41, 618.99 lbs. Total Nutrient Offset Credits - Phosphorus 2,680.581bs. Table 2. Project Activity and Reporting History North Fork Little River Mitigation Site Monitoring Year 0 - 2017 Activity or Report Date Collection Complete Completion or Scheduled Delivery Wildlands Holdings 11, LLC Neuse MBI N/A April 2016 BPDP N/A May 2016 Conservation Easement N/A May 2016 Bare Root Planting N/A January 2017 As -Built & Baseline Monitoring Document 2017 April 2017 Year 1 Monitoring 2017 December 2017 Year 2 Monitoring 2018 December 2018 Year 3 Monitoring 2019 December 2019 Year 4 Monitoring 2020 December 2020 Year 5 Monitoring 2021 December 2021 Table 3. Project Contact Table North Fork Little River Mitigation Site Monitoring Year 0 - 2017 Table 4. Project Information and Attributes North Fork Little River Mitigation Site Monitoring Year 0 - 2017 PROJECT INFORMATION Wildlands Holdings II, LLC Bank Sponsor 312 West Millbrook Road, Suite 225 Durham County Raleigh, NC 27609 33.4 acres 919.851.9986 36° 10'9.48- N, 78° 55'49.44- W Bruton Natural Systems, Inc Planting Contractor P.O. Box 1197 River Basin Fremont, NC 27830 Nursery Stock Suppliers Dykes and Son Nursery Monitoring Performers Wildlands Engineering, Inc. Monitoring, POC Jason Lorch Project Drainiage Area (acres) 919.851.9986, ext. 107 Table 4. Project Information and Attributes North Fork Little River Mitigation Site Monitoring Year 0 - 2017 PROJECT INFORMATION Project Name North Fork Little River Nutrient Offset and Buffer Mitigation Bank Parcel County Durham County Project Area (acres) 33.4 acres Project Coordinates (latitude and longitude) 36° 10'9.48- N, 78° 55'49.44- W PROJECT WATERSHED SUMMARY INFORMATION Physiographic Province Piedmont River Basin Neuse USGS Hydrologic Unit 8 -digit 03020201 USGS Hydrologic Unit 14 -digit 03020201020010 DWR Sub -basin 02-00-10 Project Drainiage Area (acres) 128 acres Project Drainage Area Percentage of Impervious Area <5% CGIA Land Use Classification Cropland Table S. Adjacent Forested Areas Existing Tree and Shrub Species North Fork Little River Mitigation Site Monitoring Year 0 - 2017 Common Name Scientific Name Wetland Indicator Status Water Hickory Corya aquatica OBL Shumard Oak Quercus shumardii FACW- Sugarberry Celtis laevigata FACW Deciduous Holly Ilex decidua FACW- Water Tupelo Nyssaaquatica OBL Black Willow Salix nigra OBL Water Ash Fraxinus caroliniona OBL Blackgum Nyssasylvatica FAC Persimmon Diospyros virginiana FAC Red Maple Acer rubrum FAC Sweetgum Liquidambarstyraciflua FAC+ Loblolly Pine Pinus taeda FAC Red Oak Quercus rubra FACU Eastern Red Cedar Juniperus virginiana FACU- Table 6. Planted Tree Species North Fork Little River Mitigation Site Monitoring Year 0 - 2017 Common Name Scientific Name Number Planted % of Total Persimmon Diospyros virginiana 3,500 14 Tulip Poplar Liriodendron tulipifera 3,500 14% Willow Oak Quercus phellos 3,500 14% Sycamore Plantus occidentalis 3,500 14% River Birch Betula nigra 3,500 14% Swamp Chestnut Oak Quercus michauxii 1 3,500 14% Green Ash I Fraxinus pennsylvanica 1 3,500 14% Total 1 1 24,500 1 100% E o' `o }fo ?d-� g Lowell Rd i- i, rid i 1•� tiru � I - I L i Berl ak e I li���_II� Lllll, I I I Prospect Hill I I i Rougemont 1 s Stem Bahama I Cedar Grove �, 1 I 1 North Fork Little River Mitigation Site 1 B Ldn er r r�r,i i i Efland- — Eno 1 - Hillsborough RlaerState 85� Park ( - 4p 1 - � - J / Falls Lake State Recreation `Atea Dukb— `'� universitg DLtrharl LO Z O U \ , I i C arrboro Figure i Parcel Location North Fork Little River Mitigation Site WILD LANDS 0 2 4 Miles As -Built Report I ' ' ' I HUC 03020201 ENGINEERING Durham County, NC �I M th Fork Little River Mitigation Site Creedmoor - Service Area - Nutrient Offset Credits Service Area- Riparian Buffer J; County Boundaries Louisburg r , 7 \ *Zabul Cary h.nh:Ihb.L'1.= .;,endell Raleigh ; s' e' selma/ /o Sln 11 tdiel� Z1::: /i /I US -42J Lillington Buies Coals Creek ' i� G S. Erwin Gunn l� } L� as LA ii n , 5 � F• Ii 7 0 WILDLANDS 0 5 10 Miles I t I ENGINEERING Figure z Service Area North Fork Little River Mitigation Site As -Built Report i HUC 03020201 Durham County, NC } x m G� = PO E m a T � �4 �G P 'u a i Feature G 100' , 200' Conservation Easement Area (33.43 ac) Zone A (0-50') Buffer Restoration (8.34 ac) Zone B (51'-100') Buffer Restoration (5.56 ac) Zone A (0-50') Nutrient Offset (1.08 ac) Zone B (51'-100') Nutrient Offset (3.18 ac) : Zone C (100'-200') Nutrient Offset (14.05 ac) No Credit (0.41 ac) - Jurisdictional Stream A Ditch WILDLANDS ENGINEERING Figure 3 Credit Generation Map North Fork Little River Mitigation Site 0 150 300 Feet As -Built Report I HUC 03020201 Durham County, NC Figure 4 Monitoring Components Map North Fork Little River Mitigation Site 0 WI LD LAN D S 0 150 300 Feet As -Built Report I ' ' 'I HUC 03020201 ENGINEERING Durham County, NC W m MICHAEL C. WATERS and W m wife, ANGELA D. WATERS THIS MAP IS NOT FOR RECORDATION, _ off^ P.B. 154, PG. 261 SALES, OR CONVEYANCES AND DOES wZ4 3/4"EIP ' POND % D.B. 2903, PG. 154 o . / P.I.N. 0828-01-01-7582 NOT COMPLY WITH G.S. 47-30 WF=p� PARCEL ID 189933 MAPPING REQUIREMENTS._ iW" W Nm' o a 3/4"EIP 2 3/4„EIP 1 /2"EIP ""'--- VICINITY MAP (NO SCALE) 3/4"EIP I, ELISABETH G. TURNER, CERTIFY THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL GPS SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION RECORED IN BOOK AS, PAGE SHOWN ); THAT THE w am a BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION SHOWN ON THE FACE OF THIS Q oW COO o ' MAP; THAT THE EQUIVALENT RATIO OF PRECISION IS 1: 10,000; THAT THE GLOBAL POSITIONING SYSTEM (GPS) SURVEY v> PERFORMED USED THE FOLLOWING INFORMATION: o � (1) CLASS OF SURVEY: CLASS A �o�- ,� cdQc� °'� (2) POSITIONAL ACCURACY AT 95% CONFIDENCE LEVEL: HORIZONTAL= 0.104 USFT, VERTICAL= 0.018 USFT on Zoww) 1 - ' (3) TYPE OF GPS FIELD PROCEDURE: REAL-TIME KINEMATICNRS 'Z�`:' 2 (4) DATES OF SURVEY: JANUARY, 2016 0)(om QQmmov (5) DATUM/EPOCH: NAD83 (2011)12016 v ° (6) PUBLISHED/FIXED-CONTROL USE: NCGS QUAIL II NORTHING=888 935.91 USFT EASTING=2 028 862.75 USFT 2 a ' v ELEV=576.33 USFT (7) GEOID MODEL: GEOID12 ,p0 (8) COMBINED GRID FACTOR: 0.99998457 3/4"EIP (9) UNITS: US FEET THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER, AND SEAL THIS 10th DAY OF APRIL, 2017.,j 747. 1 I -i ti11/� 5/8 ER N/F CARO ��i,, MICHAEL C. WATERS and wife, ANGELA D. WATERS SS/ p4;% .- P.B. 154, PG. 261 D.B. 2903, PG. 154 ry ELISABET G. TU NER, P.L.S. #L-4440 o P. 0828-01-01-7582 SEAL _ a�N�M ' PARCEL ID 189933 L-4440ted, .O R S �� • � � _. \Q 3 a_.d. -- ° c,; U 111 CD Q 49 Ljj_ tai o ' W = aim a ' +. a POND / \\ ................. AS -BUILT AREAS LEGEND: I / . �` �o �/ STREAM 0.435 Ac. ^� 5/8„ER 3/4"EIP ,ry / j/ h '. r1 DITCH 0.376 Ac. :h�O O,O 0 Q b a A NEUSE RIPARIAN MITIGATION BUFFER CREDIT C e ^ cn Q ^ova a ZONE A a 3 a'� 1 M A� V w W rn� of v BUFFER rn F 8.338 Ac. �/ � Q oaclq 1 ' O' . !' _ J o UWrn� 1ZONE 8 - BUFFER wrw 5.556 Ac. Q Qio" ' '\ r 50'-100 a ti NUTRIENT OFFSET CREDIT: r ,� w O ZONE A ,y NUTRIENT OS 1.081 AC ;;:, (0'-50') 1 / GENERAL NOTES: 1. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN U.S. SURVEY FEET UNLESS OTHERWISE NOTED. 2. THE BASIS OF BEARINGS IS NCGS STATE PLANE GRID COORDINATES NAD83(2011) DATUM. 3. THE AREA SHOWN HEREON WAS COMPUTED USING THE COORDINATE COMPUTATION METHOD. 4. THE PURPOSE OF THIS PLAT IS TO SHOW THE AS -BUILT AREAS FOR NEUSE RIPARIAN MITIGATION BUFFER CREDIT AND NUTRIENT OFFSET CREDIT WITHIN THE CONSERVATION EASEMENT. THIS PLAT IS NOT A BOUNDARY SURVEY. THE LAND PARCELS AND THEIR BOUNDARIES AFFECTED BY THIS CONSERVATION EASEMENT ARE NOT CHANGED BY THIS PLAT. 5. LINES NOT SURVEYED ARE SHOWN AS A DASHED LINETYPE AND WERE TAKEN FROM INFORMATION REFERENCED ON THE FACE OF THIS PLAT. 6. SEE CONSERVATION EASEMENT MAP RECORDED PLAT BOOK 195, PG. 386 IN THE DURHAM COUNTY REGISTER OF DEEDS. 7. SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS, AND/OR ENCUMBRANCES THAT MAY AFFECT THE PROPERTY(S). ., \ `°y 5/8"ERB 3d4 EIP 30' UTILITY (D.B. 422, LINE ZONE B N/F Ll I -i -i -I -I NUTRIENT OS 3.183 Ac. N38'46'01 "W ---- , (50-100) S51 '01 '28"W P.B. 154, PG. 261 L4 ZONE C NUTRIENT OS 14.055 Ac. EXISTING IRON PIPE (100-200) P.I.N. 0828-01-01-7582 PARCEL ID 189933 NCGS '4UAIL 11" NO CREDIT 0.410 Ac. ° TOTAL CONSERVATION 33.434 Ac. C EASEMENT AREA 30' PRIVATE DRIVEWAY GENERAL NOTES: 1. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN U.S. SURVEY FEET UNLESS OTHERWISE NOTED. 2. THE BASIS OF BEARINGS IS NCGS STATE PLANE GRID COORDINATES NAD83(2011) DATUM. 3. THE AREA SHOWN HEREON WAS COMPUTED USING THE COORDINATE COMPUTATION METHOD. 4. THE PURPOSE OF THIS PLAT IS TO SHOW THE AS -BUILT AREAS FOR NEUSE RIPARIAN MITIGATION BUFFER CREDIT AND NUTRIENT OFFSET CREDIT WITHIN THE CONSERVATION EASEMENT. THIS PLAT IS NOT A BOUNDARY SURVEY. THE LAND PARCELS AND THEIR BOUNDARIES AFFECTED BY THIS CONSERVATION EASEMENT ARE NOT CHANGED BY THIS PLAT. 5. LINES NOT SURVEYED ARE SHOWN AS A DASHED LINETYPE AND WERE TAKEN FROM INFORMATION REFERENCED ON THE FACE OF THIS PLAT. 6. SEE CONSERVATION EASEMENT MAP RECORDED PLAT BOOK 195, PG. 386 IN THE DURHAM COUNTY REGISTER OF DEEDS. 7. SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS, AND/OR ENCUMBRANCES THAT MAY AFFECT THE PROPERTY(S). ., \ `°y 5/8"ERB 3d4 EIP 30' UTILITY (D.B. 422, LINE TABLE LINE BEARING N/F Ll S46' 1736 "W MICHAEL C. WATERS and \ N38'46'01 "W wife, ANGELA D. WATERS L3 S51 '01 '28"W P.B. 154, PG. 261 L4 N24'20'42"E D.B. 2903, PG. 154 EXISTING IRON PIPE ERB P.I.N. 0828-01-01-7582 PARCEL ID 189933 NCGS '4UAIL 11" NOW OR FORMERLY R/W NAD83 ((2011)) NC GRID CdOROZTES 1/2"EIP IN POWER POLE N: 888,935.91 USFT CONCRETE/ 30' PRIVATE DRIVEWAY E. 2,028,862.75 USFT / ACCESS EASEMENT --(P.B. 143, PG. 116) / N, 0 \ \ \ �0`�pG LINE TABLE LINE BEARING DISTANCE Ll S46' 1736 "W 434.49' L2 N38'46'01 "W 141.08' L3 S51 '01 '28"W 182.98' L4 N24'20'42"E 52.95' POINT OF BEGINNING N: 880,917.21 USFT E.' 2,021,774.73 USFT (NC GRID) TIE LINE TABLE LINE BEARING DISTANCE Tl N46' 17 36 E 680.46' T2 N7235'09'W 554.54' T3 N68'03151 E 127.63' CURVE TABLE CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C 1 2247.87' 1 288.74' 288.54' S42.36'49 "W 1 7-21'35- -jisSITE DATA OO- 1 , PARCEL ID 189933 .P......... / 2 `L 6 :`'' 0 •�oy� �' �o ..: PIN: 0828-01-01-7582 OWNER: MICHAEL C. WATERS and wife ANGELA D. WATERS \ ... WNE . OWNER ADDRESS: 10119 SOUTH LOWELL RD. PP BAHAMA, NC 27503 DEED REFERENCE: P.B. 154, PG. 261 (161.776 ACRES) \ PP D.B. 2903, PG. 944 D.B. 2765, PG. 877 \ D.B. 2417, PG. 268 JOHNSON MILL P.B. 195, PG. 386 RU. — SR1461 P.B. 149, no. 117 (PUBLIC R/W) P.B. 145, PG. 125 P.B. 143, PG. 116 P.B. 133, PG. 49 200' 0' 200' 400' P.B. 12, PG. 24 WATERSHED: LAKE MICHIE/LITTLE RIVER (M/LR-B) RIVER BASIN: NEUSE SCALE: 1 "=200' ZONING: RR P.O. BOX 148 R INks E R SWANNANOA, NC 28778 P-0702 (919)-827-0745 www.turnerlandsurveying.com Certified DBE/WOE PROPERTY LINE CAD FILE: NFLR_wATERs BUFFER_F TIE LINE (SCALE: �°=200' — — RIGHT OF WAY — — — — EXISTING EASEMENT • REBAR AND CAP SET EIPO PROPERTY MONUMENT (FOUND & DESCRIBED) EIP EXISTING IRON PIPE ERB EXISTING REBAR N/F NOW OR FORMERLY R/W RIGHT OF WAY PP -O- POWER POLE oHE OVERHEAD UTILITY LINES RU. — SR1461 P.B. 149, no. 117 (PUBLIC R/W) P.B. 145, PG. 125 P.B. 143, PG. 116 P.B. 133, PG. 49 200' 0' 200' 400' P.B. 12, PG. 24 WATERSHED: LAKE MICHIE/LITTLE RIVER (M/LR-B) RIVER BASIN: NEUSE SCALE: 1 "=200' ZONING: RR P.O. BOX 148 R INks E R SWANNANOA, NC 28778 P-0702 (919)-827-0745 www.turnerlandsurveying.com Certified DBE/WOE CAD FILE: NFLR_wATERs BUFFER_F AS -BUILT SURVEY FOR WILDLANDS HOLDINGS il, LLC NORTH FORK LITTLE RIVER NUTRIENT and RIPARIAN BUFFER BANK PARCEL (SCALE: �°=200' PROPERTY OF: MICHAEL C. WATERS and wife ANGELA D. WATERS OWNER ADDRESS: 10119 S. LOWELL RD., BAHAMA, NC 27503 MANGUM TOWNSHIP DURHAM COUNTY NORTH CAROLINA SHEET 1 of 1 FIELD SURVEY: JAN. 2016 DRAWN BY: DST/EGTj TLS PROJ.: TLS -16-001 SURVEYED BY: DST REVIEWED BY: DST/EGT� PLAT DATE: 04/10/2017 ` j C- APPENDIX B. Vegetation Plot Data Table 7. Planted and Total Stem Counts North Fork Little River Nutrient Offset and Buffer Mitigation Bank Parcel Monitoring Year 0 -2017 Color Coding for Table Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% Volunteer species included in total Pnol.S: Number of Planted stems excluding live stakes P -all: Number of planted stems including live stakes, T: Total Stems Current Plot Data (MYO 2017) Scientific Name Common Name Species Type 40040-01-0001 Pri P -all T 40040-01-0002 Pnol-S P -all T 40040-01-0003 Pnol-S P -all T 40040-01-0004 Pnol-S P -all T 40040-01-0005 PnoLS P -all T 40040-01-0006 PnoLS P -all T 40040-01-0007 Pnol-S P -all T Betula nigra River Birch, Red Birch Tree 1 1 1 2 2 2 2 2 2 2 2 2 2 2 2 4 4 4 2 2 2 Diospyros virginiana American Persimmon Tree 1 1 1 1 1 1 4 4 4 4 4 4 3 3 3 4 4 4 Fraxinus pennsylvanica Green Ash, Red Ash Tree 1 1 1 6 6 6 4 4 4 1 1 1 1 1 1 1 1 1 5 5 5 Liriodendron tulipifera Tulip Poplar Tree 3 3 3 2 2 2 4 4 4 2 2 2 1 1 1 Platanus occidentalis Isycamore, Plane -tree Tree 3 3 3 3 3 3 3 3 3 3 3 3 2 2 2 2 2 2 Quercus michauxii Swamp Chestnut Oak Tree 4 4 4 3 3 3 1 1 1 1 1 1 1 1 1 1 1 2 2 2 Quercus phellos lWillow Oak ITree 3 3 3 3 3 3 1 1 1 1 1 1 2 2 2 3 1 3 1 3 Stem count size (ares) size (ACRES) Species counti Stems per ACRE 15 6 1 607 15 1 0.02 6 1 607 15 6 607 15 5 607 15 1 0.02 5 607 15 5 607 14 14 14 1 0.02 7 7 7 566.6 566.6 566.6 15 6 607 15 1 0.02 6 607 15 6 607 15 7 607 15 1 0.02 7 607 15 7 607 15 7 607 1 15 1 1 0.02 7 607 15 7 607 15 5 607 15 1 0.02 5 607 15 5 607 Color Coding for Table Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% Volunteer species included in total Pnol.S: Number of Planted stems excluding live stakes P -all: Number of planted stems including live stakes, T: Total Stems Table 7. Planted and Total Stem Counts North Fork Little River Nutrient Offset and Buffer Mitigation Bank Parcel Monitoring Year 0 -2017 Color Coding for Table Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% Volunteer species included in total Pnol.S: Number of Planted stems excluding live stakes P -all: Number of planted stems including live stakes, T: Total Stems Current Plot Data (MYO 2017) Scientific Name Common Name Species Type 40040-01-0008 Pnol-S P -all T 40040-01-0009 Pnol-S P -all T 40040-01-0010 Pnol-S P -all T 40040-01-0011 PnoLS P -all T 40040-01-0012 PnoLS P -all T 40040-01-0013 PnoLS P -all T 40040-01-0014 Pnol-S P -all T Betula nigra River Birch, Red Birch Tree 1 1 1 4 4 4 2 2 2 3 3 3 1 1 1 3 3 3 1 1 1 Diospyros virginiana American Persimmon Tree 4 4 4 2 2 2 2 2 2 2 2 2 4 4 4 Fraxinus pennsylvanica Green Ash, Red Ash Tree 3 3 3 2 2 2 2 2 2 1 1 1 4 4 4 2 2 2 2 2 2 Liriodendron tulipifera Tulip Poplar Tree 2 2 2 2 2 2 1 1 1 1 1 1 1 1 1 5 5 5 1 1 1 Platanus occidentalis Isycamore, Plane -tree Tree 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 1 1 1 3 3 3 Quercus michauxii Swamp Chestnut Oak Tree 1 1 1 2 2 2 3 3 3 2 2 2 3 3 3 3 3 3 2 2 2 Quercus phellos lWillow Oak ITree 3 3 3 2 2 2 3 3 3 4 4 4 4 4 4 1 1 1 1 1 2 2 2 Stem count size (ares) size (ACRES) Species count Stems per ACRE 15 7 607 15 1 0.02 7 607 15 7 607 15 7 607 15 1 0.02 7 607 15 7 607 15 7 607 15 1 0.02 7 607 15 7 607 15 7 607 15 1 0.02 7 607 15 7 607 15 6 607 15 1 0.02 6 607 15 6 607 15 6 607 1 15 1 1 0.02 6 607 15 6 607 15 7 607 15 1 0.02 7 607 15 7 607 Color Coding for Table Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% Volunteer species included in total Pnol.S: Number of Planted stems excluding live stakes P -all: Number of planted stems including live stakes, T: Total Stems Table 7. Planted and Total Stem Counts North Fork Little River Nutrient Offset and Buffer Mitigation Bank Parcel Monitoring Year 0 -2017 Color Coding for Table Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% Volunteer species included in total Pnol.S: Number of Planted stems excluding live stakes P -all: Number of planted stems including live stakes, T: Total Stems Current Plot Data (MYO 2017) Scientific Name Common Name Species Type 40040-01-0015 Pnol-S P -all T 40040-01-0016 Pnol-S P -all T 40040-01-0017 Pnol-S P -all T 40040-01-0018 Pnol-S P -all T 40040-01-0019 PnoLS P -all T 40040-01-0020 PnoLS P -all T 40040-01-0021 Pnol-S P -all T Betula nigra River Birch, Red Birch Tree 4 4 4 2 2 2 1 1 1 2 2 2 3 3 3 3 3 3 2 2 2 Diospyros virginiana American Persimmon Tree 1 1 1 1 1 1 4 4 4 4 4 4 3 3 3 1 1 1 2 2 2 Fraxinus pennsylvanica Green Ash, Red Ash Tree 3 3 3 2 2 2 1 1 1 1 1 1 2 2 2 1 1 1 Liriodendron tulipifera Tulip Poplar Tree 1 1 1 3 3 3 2 2 2 3 3 3 4 4 4 3 3 3 Platanus occidentalis ISycamore, Plane -tree Tree 6 6 6 3 3 3 1 1 1 1 1 1 2 2 2 2 2 2 Quercus michauxii ISwamp Chestnut Oak Tree 3 3 3 3 3 3 4 4 4 3 3 3 2 2 2 2 2 2 Quercus phellos lWillow Oak ITree 3 3 3 2 2 2 3 1 3 3 3 3 3 3 3 3 Stem count size (ares) size (ACRES) Species countl Stems per ACREI 15 5 1 607 1 15 1 0.02 5 1 607 1 15 5 607 15 16 1 607 1 15 1 0.02 6 607 1 15 6 607 15 17 1 607 1 15 1 0.02 7 607 1 15 7 607 15 16 1 607 1 15 1 0.02 6 607 1 15 6 607 15 6 607 1 15 1 0.02 6 607 1 15 6 607 15 6 607 15 1 0.02 6 1 1 607 1 15 6 607 15 7 1 607 15 1 1 0.02 7 17 1 607 1 15 607 Color Coding for Table Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% Volunteer species included in total Pnol.S: Number of Planted stems excluding live stakes P -all: Number of planted stems including live stakes, T: Total Stems Table 7. Planted and Total Stem Counts North Fork Little River Nutrient Offset and Buffer Mitigation Bank Parcel Monitoring Year 0 -2017 Color Coding for Table Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% Volunteer species included in total Pnol.S: Number of Planted stems excluding live stakes P -all: Number of planted stems including live stakes, T: Total Stems Current Plot Data (MYO 2017) Annual Means Scientific Name Common Name Species Type 40040-01-0022 PnoLS P -all T 40040-01-0023 PnoLS P -all T 40040-01-0024 PnoLS P -all T 40040-01-0025 PnoLS P -all T 40040-01-0026 PnoLS P -all T 40040-01-0027 PnoLS P -all T MYO(2017) Pnol-S P -all T Betula nigra River Birch, Red Birch Tree 1 1 1 2 2 2 1 1 1 3 3 3 2 2 2 56 56 56 Diospyros virginiana American Persimmon Tree 1 1 1 2 2 2 1 1 1 1 1 1 1 1 1 53 53 53 Fraxinus pennsylvanica Green Ash, Red Ash Tree 2 2 2 2 2 2 2 2 2 4 4 4 2 2 2 4 4 4 61 61 61 Liriodendron tulipifera Tulip Poplar Tree 5 5 5 2 2 2 2 2 2 2 2 2 5 5 5 3 3 3 60 60 60 Platanus occidentalis Isycamore, Plane -tree Tree 4 4 4 3 3 3 3 3 3 5 5 5 3 3 3 61 61 61 Quercus michauxii Swamp Chestnut Oak Tree 1 1 1 1 1 2 2 2 3 3 3 2 2 2 53 53 53 Quercus phellos lWillow Oak ITree 1 1 1 4 4 4 4 4 4 4 4 4 1 1 1 60 60 60 Stem count size (ares) size (ACRES) Species countl Stems per ACRE 15 7 1 607 15 1 0.02 7 1 607 15 7 607 15 6 607 15 1 0.02 6 607 15 6::7::[:E 607 15 607 15 1 0.02 607 15 7 607 15 5 607 15 1 0.02 5 607 15 5 607 15 5 607 15 1 0.02 5 607 15 5 607 15 6 607 15 1 0.02 6 607 15 6 607 404 404 404 27 0.67 7 7 7 1605.5 1605.5 1605.51 Color Coding for Table Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% Volunteer species included in total Pnol.S: Number of Planted stems excluding live stakes P -all: Number of planted stems including live stakes, T: Total Stems VEGETATION PLOT PHOTOGRAPHS North Fork Little River VEG PLOT 1(01/05/2017) 1 VEG PLOT 2 (01/05/2017) VEG PLOT 3 (01/05/2017) VEG PLOT 4 (01/05/2017) VEG PLOT 5 (01/05/2017) North Fork Little River Appendix B: Vegetation Plot Data — Vegetation Photographs VEG PLOT 6 (01/05/2017) North Fork Little River Appendix B: Vegetation Plot Data — Vegetation Photographs VEG PLOT 13 (01/05/2017) 1 VEG PLOT 14 (01/05/2017) 1 VEG PLOT 15 (01/05/2017) VEG PLOT 16 (01/05/2017) VEG PLOT 17 (01/05/2017) North Fork Little River Appendix B: Vegetation Plot Data — Vegetation Photographs VEG PLOT 18 (01/05/2017) VEG PLOT 19 (01/05/2017) 1 VEG PLOT 20 (01/05/2017) VEG PLOT 21(01/05/2017) 1 VEG PLOT 22 (01/05/2017) 1 VEG PLOT 23 (01/05/2017) North Fork Little River Appendix B: Vegetation Plot Data — Vegetation Photographs VEG PLOT 24 (01/05/2017) VEG PLOT 25 (01/05/2017) 1 VEG PLOT 26 (01/05/2017) VEG PLOT 27 (01/05/2017) North Fork Little River Appendix B: Vegetation Plot Data — Vegetation Photographs APPENDIX C. NC DWR Surface Water Determination e� North Carolina Department of Environment and Natural Resources Pat McCrory Governor Jolui Hutton Wildlands Engineering, Inc. 5605 Chapel Hill Road, Suite 122 Raleigh, NC 27607 Division of Water Resources Water Quality Programs Thomas A. Reeder Director August 5, 2013 Subject: Surface Water Buffer Determination Letter NBRRO# 13-128 Durhan7 County John E. Skvarla, III Secretary Determination Type: Buffer Call Isolated or EIP Call ® Neuse (I 5A NCAC 2B .0233) Start(#) ❑ Tar -Pamlico (I 5A NCAC 2B ® Epheineral/Intermittent/Perennial Determination .0259) ❑ Isolated Wetland Determination ❑ Jordan (I 5A NCAC 2B .0267) Subject Project Name: Water's Property— 10119 South Lowell Road Location[Directions: (1) Travel North on US Hwy 50t North from Downtown Durham. (2) Turd left onto South Lowell Road and continue West. Site is at 10119 South Lowell Road, Bahama, NC near the intersection of Johnston Mill Road. Subject Stream: UTS to the North Fork of the Little River Date of Determination: July S, 2013 Feature EII Not Subject. Start(#) Stop ( Soil USGS /P Subject Survey Topa x Feature A I X GPS point S. Lowell Road X X Wetlands, Buffers, Streams - Compliance and Permitting (Webscape) Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919807-63001 FAX: 91"07-6494 Internet: www.ncwaterquatity.org An Equal Opportunity1 Alfrma6Ye Action Employer Wildlands Engineering, Inc. August 5, 2013 Page 2 of 3 Feature B E X Road Confluence with Feature C Feature C E X Road GPS point Feature D I X GPS point Confluence of Feature A X Feature E I X GPS point Confluence of Feature A X Feature F E X Throughout X Feature G E X I Throughout X *E/I/P = Ephetrleral/Intef,»7ittenilPerennial Explanation: This determination was made by Katie Merritt with the Division of Water Quality, hereby referred to as the Division of Water Resources (DWR). Features A, D, E, F, and G listed above have been located on the Soil Survey Map of Durham County, North Carolina which is provided as an attachment to this letter. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. All features are provided in the attached aerial photo, prepared by Wildlands Engineering, Inc. There may be other streams located on the subject property that do not show up oil the maps referenced above, but still may be considered jurisdictional according to the US Army Corps of Engineers and/or to DWR. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR or Delegated Local Authority may request a determination by the Director. An appeal request must be made within sixty (60) days of [late of this letter or from the (late the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing c/o Karen Higgins, DWR WeBSCaPe Unit, 1650 Mail Service Center, Raleigh, NC 27699. This determination is final and binding unless, as detailed above, you ash for a hearing or appeal within sixty (60) clays, The owner/future owners should notify the Division of Water Resources (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require Wildlands Engineering, Inc. August 5, 20[3 Page 3 of 3 a Section 4041401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Resources (Central Office) at (919)-807-6360, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. Respectfully, k 4 wj)-� 4A� Karen Higgins, Superviso Wetlands, Buffers, Streams, Compliance and Permitting Unit KAWkin Attachments: Durham County Soil Survey Map, Aerial Photo of Features File Copy — Katie Merritt cc: Michael Waters (Landowner); 101 19 South Lowell Road, Bahama, NC Figure 4 Site Map i&�WILDLANDS 0 150 300 Feet North Fork Little River ENGINEERING I I I I I Nutrient and Riparian Buffer Site Prospectus Durham County -hi- ]A ]A Water Resources ENVIRONMENTAL QUALITY December 16, 2015 PAT MCCRORY Caveator DONALD R. VAN DER VAART st-wao S. JAY ZIMMERMAN Virtwof John Hutton DWR Project #: 2.013-0630 Wldlands Holdings 11, LLC 312 West Millbrook Rd, Suite 225 Raleigh, NC 27609 (via electronic mail) Re: Site Viability for Buffer Mitigation & Nutrient Offset -- North Fork Little River 10119 S. Lowell Rd, Bahama, NC Durham County Dear John, On June 13, 2013, Katie Merritt, with the Division of Water Resources (DWR), received a request from you on behalf of Wildlands Engineering Inc., for a site visit near the above - referenced site in the Lipper Falls Watershed to determine the potential for nutrient offset and Neuse riparian buffer mitigation. On July 9, 2015, Ms. Merritt performed a stream buffer determination and site assessment of the features onsite, which is more accurately shown in the attached aerial signed by Ms. Merritt on August 5, 2013. 1f approved, mitigating this site could provide riparian buffer credits and/or nutrient offset credits within the 8 -digit Hydrologic Unit Code 03020201 of the Upper and Lower Falls Lake Watersheds. Ms. Merritt's evaluation of the features for buffer and nutrient offset mitigation pursuant to Rule 15A NC AC 02B .0295 (effective November 1, 2015) and Rule 15A NCAC 02B .0240 is provided below: Features A, D and E • Streams are subject to the Neuse Buffer Rule as determined by the stream buffer determination letter issued for the subject site by the DWR on August 5, 2013. • Land uses within the riparian areas (0 to +1- 200') adjacent to these streams were active row crops. The riparian areas along these streams are viable for riparian restoration and suitable for either buffer mitigation or nutrient offset credits. • Features D and E connect with field ditches. Therefore, additional inforri-lation will be required to ensure that diffuse flow is restored and maintained. Features 13, C, F and G • Features are ditches and are not subject to the Neuse Buffer rules 15A NCAC 02B .02.33. • The depth of each ditch was not evaluated onsite. 401 and Buffer Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-16117 Location: 612 N. Salisbury St. Raleigh, North Carolina 27804 Phone: 919-807-6300 1 FAX: 919-847-6494 Internet: www.ncwaterquality.org 10119 S. Lowell Rd, Bahama, NC December 16, 2015 Page 2 of 2 • Land uses within the riparian areas (0 to +1- 200') adjacent to these ditches were active row crops. The riparian areas along these streams are viable for riparian restoration and suitable for either buffer mitigation or nutrient offset credits. • The direction of surfacelstorwater water flow within each ditch was not evaluated onsite. Therefore, DWR will need to know details on flaw direction within each ditch to the streams. Features that are directly hydrologically connected to, and drain to the UTs onsite are viable for riparian restoration to generate Nutrient Offset mitigation only. A map showing the project site and the features is provided and signed by Ms. Merritt on August 5, 2015. For any areas depicted as not being viable for nutrient offset credit, one could propose a different measure other than riparian restoration, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset according to 15A NCAC 02B .0240. if proposing any ditch for Neuse riparian buffer mitigation, the ditch must comply with all items listed in 15A NCAC 02B .0295 (o) (8), which became effective on November 1, 2015. Please contact Katie Merritt at (919)-807-6371 if you have any questions regarding this correspondence. Sincerely, 44u, ' 4 r Daren Higgins, Supervisor 401 and Buffer Permitting Unit KAH/knz Attachments: Site Aerial Map cc:File Copy (Katie Merritt) :1uLust I9, 2008 Buffer Inierpretation!Claritication 92008-019 MEMORANDUM Michael F Uaslc% Governor W'illiant C. Ross. Jr.. Secretary tkpartment of Environment and Natural Resources Coleen, It, Sullins. Director Division of water Oual0 Rl- ] he Dik inion of Water Qua lity`s (DWQ's) stance on whether diffuse flow of stormwater through the newly restored buffer; on mitigation sites should be a requirement. Diffuse flow% is a requirement for buffer restoration or enhancement in the Meuse River Basin Buffer Rule 15A NCAC 02B.0242(9)(d)(iii). the Tar -Pamlico River Basin Buffer Rule 15A NCAC 02B.0260(9)(d)(iii), and the Catawba River Basin Buffer Rule 15A NCAC 02B.0244 (9)(d)(iii). Dililtse flow is a requirement for all sites in a buffered basin for buffer mitigation and for for sites providing nutrient offset credit as well. Current Polic According to the Mitigation rules in the Neuse. Tar -Pamlico and Catawba buffer rules, a grading plan must be provided for buffer mitigation sites. In addition, those rules state that -The site shall be graded in a manner to ensure diffuse flow through the riparian but%r". Problem: The question has been raised as to whether stormwater carried by lateral ditches that enter buffered streams should provide diffuse Iltaw prior to that stormwater entering the restored buffers. Solution: The Neuse, Tar -Pamlico and Catawba buffer rules with respect to buffer mitigation sites contain a very clear requirement that states that diffuse flow of stormwater must be maintained through the buffer. Unless otherwise approved by DWQ, all buffer mitis anon sites must provide diffuse flow of stonnvrater from ditches and similar conveyances through the restored buffer. Where such diffuse flow cannot be attained and where DWQ agrees that such treatment is not possible, deduction of buffer credit will be calculated as follows: SCENARIO l 401 WellandsCenificatinnt.nit 1650 Mail te:re+ce Ccuter. Raleigh. North Carolina 27699 -chin 23? I Crabtree floulcvard. Suite 250. Raleigh. North Carolina 27604 Phone 919.7;1-t 7861I-AN919-733-6893IInternet fttta:llh2n.enr.sta.enr.stalsr.nc.uuncwrtlsnds C gorr bawxb x.57 Jf'_ (M plc C� # 0 f l 1 r 1n t_qual OpponuorlyiAlFnnativc Action Employer— 5(r/o Recyclzdll0% Post C 011 LuMf Paper NOne orthCar©lina NWAM71�11 Page 2 of 4 A, B and C are angles. a, b, and c are distances (lengths) DWQ believes that using an immediate drainage area extending at a 60 -degree angle from the point of discharge to the stream is a reasonable approach to the issue of determining the area which is not draining through the restored buffer. To calculate the area of buffer being "short-circuited" by the ditch, the area of the right triangles shown in the figure above must be determined. a=50' A = 30° B = 60° b=acot A b = 50 (1.732) b = 86.6' (87') The area to be excluded from credit would be the area of the two right triangles: Area = (a x b)/2 Area = (50 feet x 87feet)/2 Area = 2,175 SF Total deducted area = 2,175 x 2 F 4,350 SF or 0.1 acres. The example shown above assumes a buffer width of 50 feet from the top of bank (riparian buffer mitigation site). For nutrient offset sites, credit can be generated out to 200 feet from the top of bank. The policy applies to sites with larger buffers as follows: SCENARIO 2 441 Wetlands Certification Unit 1650 Mail. Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtrce Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931 Internet::11lsZo.enr.state,nc,uslncwetlands An Equal Opportunity/Affirmative Action Employer — 50% Recycled/ 10% Post Consumer Paper One NhCarolina Xaturally Page 3 of 4 If a ditch leading to a buffered stream is buffered. there no credit is deducted from the stream buffer. If the upstream origin of the ditch is within the buffer. no credit is deducted. Ifihe upstream origin of the ditch is not buffered (e.g. irthe ditch begins upstream offsite), the crcdit deduction is applied to the most upstream portion of the ditch on the property. SCENARIO 3 BAIT Numb qMsf: QIAc 0 Where a network of interconnecting ditches Occurs on a site. and all of the ditches are buffered, the oniv credit deduction would be at the point where an unbuffered ditch enters the project: SCENARIO 4 401 4lcllands Cortificatinn Cno lG>n %lad kr%tccCoact. Raleigh. North Caidina 27649-1650 _'321 ( rahtnx I3uulc%ard, Suite 2;I}. Raleigh. North Larohnn 27604 1'fi��ne yl�+...713-J7$6 � j•,gK�)19-73.3-GK93f Intemcl,l,)�}p_1.+h2o.enr.sts[e.iic.uslnCu�etlandc %n I yual t 1ppnnunoy;A13irnnative Action Employer - 50% Recycicdl10% Hatt Consumer Paper 4004 ■O,tAt t�w�trA One NorthCarolina ,Ntiturally —... :,iw..®.rWs:+u ++uw+e�Ai U-Aw.:4-— — — Page 4 of 4 Where a natural stream eaters the project site, no deduction of credit will occur. Also, when a natural stream or a modified natural stream now into a buffered stream, no deduction of credit will occur. The modified natural stream must be subject to the buffer rules, and must be verified to be a modified natural stream (as opposed to a ditch) through an on-site determination by DWQ personnel. SCENARIO 5 "UNC 2 a is 2o�icry IfMTMAL Com, "' A.,.., wdb By woo For anv additional questions or clarifications on this issue, please contact Eric Kula or Amy Chapman at (919) 733-1786. Signature: ..!!zzZ: a. Date: , a/"/ `f % 4 F Signature: .�. _ Date 401 Wetlands Cenification Unit 16M Mail Service Center, Raleigh, North Carolina 27699.1550 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone; 919-733.17851 FAX 919-733.6893 f Internet: LPL tstalc.nc.usnewerlanrls An Equal OppurtunityIAffiMuRive Action Ftnployer— 500/ ReaycicdlliY°1 Post Consumer Paper One NorthCaralina xtimilly APPENDIX D. Conservation Easement (Page 1 of 9) Book7930 - Page544 Page 1 of 9 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Wildlands Engineering, Inc. 1430 South Mint Street, Suite 104 Charlotte, North Carolina 28203 Attention: Lee Knight Caffer FOR REGISTRATION Na O REGISTER OF OE EDS Durham CounlYY NC 2016 MAY 16 12:3d: 17 BK:7930 PG:544-552 SEFEEN$26.00NT INSTRUMENT R 2016015207 SMMARSH 111 11� 1111111 111� 11111 Il111111 2016015207 SPAIG AHOVE THIS LINE FOR RECORDER'S USE PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Conservation Easement") made this 13th day of May, 2016 by and between Michael C Waters and wife Angela D Waters, ("Grantor") and Wildlands Holdings II, LLC. (Grantee). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. RECITALS WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Durham County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein ("Property") and being a portion of the property conveyed to the grantor by deed as recorded in Deed Book 2903 at Page 944 of the Durham County Registry, North Carolina (PIN 0828-03-01-9714); WHEREAS, Grantee agrees that it shall cause the appropriate environmental mitigation and restoration to be accomplished on the Property as more particularly set forth herein and, upon completion such restoration, mitigation and a five year monitoring period, Grantee will transfer ownership of the conservation easement to a nonprofit corporation or trust whose purpose is the conservation of the property and which is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat.§ 121-35; WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the property in its natural state, which includes the following natural communities: unnamed tributaries and open field ditches to the Neuse River. The purpose of this Conservation Easement is to maintain riparian resources and other natural values of the Property, and prevent the use or development of the Property for any purpose or in any manner that would conflict with the maintenance of the Property in its natural condition. WHEREAS, the preservation of the Property is required by the Wildlands Holdings Il, LLCs ("Wildlands") North Fork Little River Mitigation Banking Instrument (DWR #2016-0130). The (Page 2 of 9) Book7930 - Page545 Page 2 of 9 Property will be restored to a natural vegetated condition as provided in and specified in the North Fork Little River Bank Parcel Development Package (`BPDP") approved by the Division of Water Resources. The North Fork Little River Mitigation Bank is intended to be used to compensate for unavoidable buffer impacts authorized by permits issued by the North Carolina Division of Water Resources (NCDWR) and to provide mitigation for nutrient offsets due to development (both existing and proposed) within restricted areas of the Upper Neuse River Basin. Grantor and Grantee agree that third party rights of enforcement shall be held by the NCDWR and that these rights are in addition to, and do not limit the rights of the parties to the Mitigation Banking Instrument. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Property described on Exhibit A, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. This conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Property inconsistent with the purpose of this Conservation Easement is prohibited. The Property shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Property. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural features of the Property or any introduction of non-native plants and/or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Property. C. Industria] Commercial and Residential Use. Industrial, residential and/or commercial activities, including any right of passage for such purposes are prohibited. D. Agricultural Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Property are prohibited. (Page 3 of 9) Book7930 - Page546 Page 3 of 9 E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation on the Property. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the property; nor enlargement or modification to existing roads, trails or walkways. G. Signage. No signs shall be permitted on or over the Property, except the posting of no trespassing signs, signs identifying the conservation values of the Property, signs giving directions or proscribing rules and regulations for the use of the Property and/or signs identifying the Grantor as owner of the property. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Property is prohibited. I. Excavation Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner on the Property. J. Water Ouality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited, other than for temporary access for purposes of maintaining the Property during the five-year monitoring period as described in the BPDP. M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become inconsistent with the purposes of this grant, the preservation of the Property substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III GRANTOR'S RESEVERED RIGHTS The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the property for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of (Page 9 of 9) Book7930 - Page547 Page 4 of 9 ingress and egress, the right to hunt, fish, and hike on the Property, the right to sell, transfer, gift or otherwise convey the Property, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this Conservation Easement. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors and assigns, the right to construct a nutrient offset and riparian buffer mitigation bank on the Property, in accordance with the North Fork Little River Bank Parcel Development Package approved in accordance with the Wildlands North Fork Little River Banking Instrument. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, and NCDWR, shall have the tight to enter the Property at all reasonable times for the purpose of inspecting said property to determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee shall also have the right to enter and go upon the Property for purposes of making scientific or educational observations and studies, and taking samples. The easement rights granted herein do not include public access rights. ARTICLE V ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Easement, Grantee is allowed to prevent any activity on or use of the Property that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Property that may be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction or restoration, including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. NCDWR shall have the same right to enforce the terms and conditions of this easement as the Grantee. B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring (Page 5 of 9) Book7930 - Page548 Page 5 of 9 any action against Grantor for any injury or change in the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Property resulting from such causes. ARTICLE VI MISCELLANEOUS A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Easement, and that Grantor will warrant and defend title to the Property against the claims of all persons. B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Property. The Grantor agrees to provide written notice to the Grantee of such transfer at least thirty (30) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof and shall not be amended, modified or terminated without the prior written consent and approval of NCDWR. C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. Entire Agreement and Severability. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. (Page 6 of 9) Book7930 - Page549 Page 6 of 9 F. Extinguishment. In the event that changed conditions render impossible the continued use of the Property for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. G. Eminent Domain. Whenever all or part of the Property is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damages due to the taking. H. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of this Property is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement. The parties stipulate that the fair market value of this Conservation Easement shall be determined by multiplying the fair market value of the Property unencumbered by this Conservation Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this easement at the time of this grant to the value of the Property (without deduction for the value of this Conservation Easement) at the time of this grant. The values at the time of this grant shall be the values used, or which would have been used, to calculate a deduction for federal income tax purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement. I. Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph): To Grantor: Michael C Waters and Angela D Waters 10119 South Lowell Road Bahama, NC 27503 To Grantee: Wildlands Holdings II, LLC 1430 S. Mint Street, Suite 104 Charlotte, NC 28203 Fax — 704-332-3306 Attn: Shawn Wilkerson To NCDWR: NCDENR — Division of Water Resources 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 (Page 7 of 9) Book7930 - Page550 Page 7 of 9 J. Failure of Grantee. if at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee's interest shall become vested in another qualified grantee upon approval by the NCDWR and in accordance with an appropriate proceeding in a court of competent jurisdiction. K. Amendment. This Conservation Easement may be amended, but only in writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. L. Present Condition of the Property. The wetlands, scenic, resource, environmental, and other natural characteristics of the Property, and its current use and state of improvement, are described in Section 2 of the Bank Parcel Development Package, dated May 2016, prepared by Grantor and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee have copies of the Bank Parcel Development Package. It will be used by the parties to assure that any future changes in the use of the Property will be consistent with the terms of this Conservation Easement. However, this report is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. By. t�" �'��� / (SEAL) Michael C. Waters \ (Page 8 of 9) Book7930 - Page551 Page 8 of 9 NORTH CAROLINA COUNTY OF DURHAM I,yw'i � S.ye v nee k 1 , a Notary Public in and for the County and State aforesaid, do hereby certify that (✓I ch.el C - AA�CVs , Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the13'�L day of , 201b . Notary Public 0c, V.K-eNne My commission expires: 10`3( VbC7 NORTH CAROLINA COUNTY OF DURHAM I, DA y. N v nt+, a Notary Public in and for the County and State aforesaid, do hereby certify that lot 0 • cif -1 , Grantor, personally appeared before me this day and acknowledged th execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the 8 t"— day of VIrl , 20_11,�. Notary Pub is I1Gv; �, S QVAOC i - My commission expires: 10 3t`2u1-7 (Page 9 of 9) Book7930 - Page552 Page 9 of 9 EXHIBIT A Description of easement for Wildlands Holdings II, LLC located on the property of Michael C. Waters and wife, Angela D. Waters, Mangum Township, Durham County, North Carolina. (All references to the Durham County Register of Deeds unless otherwise noted.) PIN: 0828-01-01-7582 (Durham Co. Parcel ID 189933) Easement Area "A" Beginning at a rebar and cap set in the western right of way of South Lowell Rd. (SR1464), said rebar and cap being located S 4112829" W a distance of 10,702.32' from NCGS monument "Quail II" with NC Grid Coordinates [NAD83(2011)] N=888,935.91 usft, E=2,028,862.75 usft; thence, from the point of Beginning, with the right of way, S 46°17'36" W a distance of 434.49' to a rebar and cap set, passing an existing iron pipe 264.00' on said line; thence with a curve turning to the left with an arc length of 288.74', a radius of 2,247.87', a chord bearing of S 42°36'49" W, and a chord length of 288.54' to a rebar and cap set; thence, leaving said right of way, crossing through the property of Michael C. and Angela D. Waters (now or formerly, see Deed Book 2903, Page 944), N 38°46'01" W a distance of 141.08' to a rebar and cap set; thence S 51°01'28" W a distance of 182.98' to a rebar and cap set; thence S 75°24'56" W a distance of 378.41' to a rebar and cap set; thence S 24°46'01" W a distance of 439.47' to a rebar and cap set; thence S 27°29'06" W a distance of 488.87' to a rebar and cap set; thence S 32°51'27" W a distance of 219.59' to a rebar and cap set; thence N 68°00'26" W a distance of 409.67' to a rebar and cap set; thence N 24°20'42" E a distance of 52.95' to a rebar and cap set; thence N 34°17'13" E a distance of 177.21' to a rebar and cap set; thence N 21'32'45" E a distance of 349.93' to a rebar and cap set; thence N 30°36'52" E a distance of 363.11' to a rebar and cap set; thence N 18°47'02" E a distance of 375.72' to a rebar and cap set; thence N 22°49'54" E a distance of 477.66' to a rebar and cap set; thence N 38°45'28" E a distance of 457.50' to a rebar and cap set; thence S 62°44'29" E a distance of 1,110.47' to the point of Beginning; containing 33.434 acres, more or less, and shown as Easement Area "A" on a plat by Turner Land Surveying, PLLC of Raleigh, NC, entitled "Easement Plat for Wildland Holdings II, LLC, North Fork Little River Nutrient and Riparian Buffer Bank Parcel, Property of Michael C. Waters and wife, Angela D. Waters" recorded in Plat Book 195, Page 386 of the Durham County Register of Deeds. 9 APPENDIX E. Financial Assurance PERFORMANCE BOND Travelers Casualty and Surety Company of America FOR MONITORING One Tower Square, Hartford, CT 06183 Bond No. 106608502 KNOW ALL MEN BY THESE PRESENTS, that we, Wildlands Holdings II. LLC, as Principal, and Travelers Casualty and Surety Company of America, licensed to do business in the State of North Carolina as Surety, are held and firmly bound unto North Carolina Department of Environmental Quality — Division of Water Resources (Obligee), in the penal sum of One Hundred Thousand & no/100 Dollars ($100,000), lawful money of the United States of America, for the payment of which sum, well and truly to be made, the Principal and Surety do bind themselves, their heirs, executors, administrators, and successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into certain written Agreements with the above named Obligee, effective the 16 day of April, 2016 for North Fork Little River Mitigation Banking Instrument and the North Fork Little River Bank Parcel Development Package as more fully described in said Agreements, a copy of which is attached, which Agreements are made a part hereof and incorporated herein by reference, except that nothing said therein shall alter, enlarge, expand or otherwise modify the term of the bond as set out below. NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully perform the monitoring obligations, according to the terms, stipulations or conditions thereof, then this obligation shall become null and void, otherwise to remain in full force and effect. This bond is executed by the Surety and accepted by the Obligee. Notwithstanding the provisions of the Agreements, the term of this bond shall apply from March 7. 2017 and end with the approval of the Year 1 Monitoring Report by the North Carolina Department of Environmental Quality but may be extended by the Surety with a Continuation Certificate for future monitoring years 2-5. However, neither nonrenewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of nonrenewal, shall itself constitute a loss to the Obligee recoverable under this bond or any renewal or continuation thereof. The liability of the Surety under this bond or any continuation certificates issued in connection therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surety as supplements thereto. Sealed with our seals and dated this 7 day of March, 2017. Witness Witness Wil ands HoldingsII, LLC b .wv► Principal �ravet s Cs usa�I and Suret LCom — an �olAmeric�a Phoebe C. Honeycutt, Attorney-in-Fja ) BB&Tlnsurance Services 4309 Emperor Blvd., Suite 300 Agreed and acknowledged this day of 2017 Durham, NC 27703 By: Obligee S-5025 (08-99) APPENDIX F. Overview Photos North Fork Little River Parcel Appendix F: Overview Photographs North Fork Little River Parcel Appendix F: Overview Photographs