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HomeMy WebLinkAbout20141149 Ver 7_Mitigation As-Built Plans_20180719Action History (UTC -05:00) Eastern Time (US & Canada) Submit by Anonymous User 7/19/2018 7:28:13 AM (Message Start Event) Approve by Montalvo, Sheri A 7/19/2018 7:35:51 AM (Initial Review- Sheri Montalvo) • The task was assigned to Montalvo, Sheri A 7/19/2018 7:28 AM D# * 20141149 Version* 7 Select Reviewer:* Katie Merritt Mitigation Project Submittal -7/19/2018 Type of Mitigation Project:* F Stream r Wetlands fJ Buffer rJ Nutrient Offset (Select all that apply) Is this a Prospectus, Technical Proposal or a a yes a No New Site? * Project Contact Information Contact Name:* Katie Merritt Email Address:* katie.merritt@ncdenr.gov Project Information Existing (DWR) ID#:* 20141149 (numbers only... no dash) Existing Version:* 7 (nurrbers only) Project Name:* Orphan Creek Bank Parcel County:* Alamance Document Information Mitigation Document Type:* Mitigation As -Built Plans File Upload: DRAFT_Orphan_Creek_Buffer_As- 15.64MB Bu i It_Docu me nt_6-2-2018. pdf Rease upload only one RDF of the complete file that needs to be subrritted.. . Signature Print Name:* Raymond Holz Signature:* BASELINE MONITORING DOCUMENT AND AS -BUILT BASELINE REPORT Orphan Creek Bank Parcel DWR# 20141149 version 7 Pursuant to: Restoration Systems’ Phase One Haw River WS Umbrella Banking Instrument for Riparian Buffer and Nutrient Offset Mitigation Credits PREPARED BY: RESTORATION SYSTEMS, LLC 1101 HAYNES STREET, SUITE 211 RALEIGH, NORTH CAROLINA 27604 AND AXIOM ENVIRONMENTAL, INC. 218 SNOW AVENUE RALEIGH, NORTH CAROLINA 27603 June 2018 Orphan Creek Bank Parcel Baseline Document and Asbuilt Report Executive Summary page i Phase One Haw River WS Umbrella Bank Restoration Systems, LLC EXECUTIVE SUMMARY Restoration Systems, LLC has established the Orphan Creek Bank Parcel (Parcel), proposed as part of the Restoration Systems’ Phase One Haw River WS Umbrella Banking Instrument (Banking Instrument) signed October 25th, 2017 between Restoration Systems, and the North Carolina Division of Water Resources (DWR). Per the Jordan Lake Water supply Nutrient Strategy, Consolidated Mitigation Rule, and Nutrient Offset Payments (15A NCAC 02B .0267, 15A NCAC 02B .0268, 15A NCAC 02B .0295, & 15A NCAC 02B .0240), this Parcel is designed to provide riparian buffer and nutrient offset mitigation credits for unavoidable impacts due to development within the Haw River Sub-watershed of Jordan Lake in the Cape Fear River Basin. Supporting figures are included in Appendix A. The Parcel was evaluated on December 16th, 2014 by Virginia Baker of DWR. Ms. Baker’s evaluation was part of an inter-agency review, including the US Army Corps of Engineers, to determine if stream features located within the site are applicable to provide compensatory stream mitigation under Restoration Systems’ Cape Fear 02 Phase One Umbrella Banking Instrument , (Orphan Creek USACE Action ID SAW-2015-01698). Riparian areas adjacent to features within the parcel providing compensatory mitigation for stream impacts, were restored and provide riparian buffer mitigation and nutrient off-set credit. The Parcel was planned and designed according to the Banking Instrument with DWR, 15A NCAC 02B .0240, and the Consolidated Mitigation Rule 15A NCAC 02B .0295, which became effective on November 1, 2015. The BPDP has also been designed in concurrence with the Orphan Creek Stream and Wetland Mitigation Bank (SAW# 2015-01698). The mitigation plan for the Orphan Creek Stream and Wetland Mitigation Bank along with the Stream and Wetland Umbrella Mitigation Banking Instrument was approved by the Interagency Review Team on July, 6th 2017. The Section 404 (Clean Water Act, 33 USC 1344) was granted by the U.S. Army Corps of Engineers on June 30 th, 2017, the corresponding Section 401 Water Quality Certification was granted on June 28th, 2017 and the land quality letter of approval was granted June 20th, 2017. Project construction and planting was completed between October 30, 2017 and December 22, 2017. For purposes of the Orphan Creek Nutrient Offset & Buffer Bank, the Parcel involves restoring riparian buffers and other riparian area s adjacent to mitigated streams onsite in order to help reduce non-point source contaminant discharges to downstream waters in the Haw River sub -watershed of Jordan Lake. All the riparian areas were assessed by DWR during an onsite visit to determine viability for buffer mitigation and nutrient offset. During the site visit, all riparian areas were confirmed to have been in pasture for cattle grazing. Approximately 7.01 acres will be protected with a permanent conservation easement. Of those 7.01 acres, 4.52 acres were restored for Jordan riparian buffer credit, 0.22 acres were restored for nutrient offset credit, and 1.74 acres were enhanced by the removal of cattle from the streams and riparian areas for Jordan riparian buffer credit. In general, ripa rian restoration/enhancement area widths on streams extend out to a maximum of 100 feet from the top of bank with a minimum width of 30 from top of banks. Riparian buffer enhancement credits generated on this Bank Parcel are allowed pursuant to 15A NCAC 02B .0295 (o)(6) but cannot be used to generate nutrient offset credits. Additionally, no riparian restoration areas that are less than 50 feet wide from Top of Banks can be used to generate nutrient offset credit. Therefore, the maximum acreage of riparian restoration on this site that is able to be converted into nutrient offset credits if needed by RS, is 4.52 acres. Figure 5 shows the Credit Determination Map and Section 3.0 provides details of the mitigation determination on the Bank Parcel. Orphan Creek Bank Parcel Baseline Document and Asbuilt Report Table of Contents page i Phase One Haw River WS Umbrella Bank Restoration Systems, LLC TABLE OF CONTENTS EXECUTIVE SUMMARY ..................................................................................................................i 1.0 PROJECT GOALS, BACKGROUND, AND ATTRIBUTES .....................................................1 1.1 Location and Setting ............................................................................................................1 1.2 Project Goals and Objectives ................................................................................................1 2.0 RIPARIAN RESTORATION AND ENHANCEMENT PLAN...................................................2 2.1 Riparian Area Restoration Activities .....................................................................................2 2.2 Riparian Buffer Enhancement Activities ................................................................................2 2.3 Marsh Treatment Area .........................................................................................................2 3.0 MITIGATION POTENTIAL....................................................................................................3 4.0 MONITORING AND MAINTENANCE PLAN ........................................................................4 4.1 Monitoring Protocol .............................................................................................................4 4.2 Parcel Maintenance ..............................................................................................................5 4.3 Long Term Management Plan ...............................................................................................5 4.4 Easement Boundaries and Fencing ........................................................................................5 5.0 FINANCIAL ASSURANCE ....................................................................................................6 6.0 REFERENCES........................................................................................................................6 APPENDICES Appendix A. Figures Figure 1. Site Location Figure 2. Current Conditions Plan View Figure 3. Historic Conditions Plan View Figure 4. Restoration Plan Figure 5. Credit Determination Figure 6. Conversion of Wetland Credit to Riparian Buffer Credit As-Built Survey – Sheets 1-5 Appendix B. Vegetation Data Table 2. Planted Bare Root Woody Vegetation Table 3. Total Planted Stems by Plot and Species Vegetation Plot Photographs Appendix C: NC DWR Stream Determination Appendix D: Conservation Easement Appendix E: Financial Assurances Appendix F: 15A NCAC 02B .0295 (Consolidated Buffer Mitigation Rule – Effective Date October 24, 2014) Appendix G. Delivered Credit Yield Table for Jordan Sub Watersheds Orphan Creek Bank Parcel Baseline Document and Asbuilt Report page 1 Phase One Haw River WS Umbrella Bank Restoration Systems, LLC 1.0 PROJECT GOALS, BACKGROUND, AND ATTRIBUTES 1.1 Location and Setting Restoration Systems, LLC has established the Orphan Creek Bank Parcel (Parcel), proposed as part of the Restoration Systems’ Phase One Haw River WS Umbrella Banking Instrument (Banking Instrument) signed October 25th, 2017 between Restoration Systems, and the North Carolina Division of Water Resources (DWR). The Parcel encompasses 7.01 acres of land located 2000 feet north of the intersection of Payne Road and Salem Church Road. Prior to construction, the Site was characterized by hay fields and livestock pasture; livestock had unrestricted access to the Site’s streams resulting in deeply incised streams and direct nonpoint source inputs including livestock waste. A narrow riparian fringe had developed on the stream margins composed of opportunistic species and a few mature trees. Located in the South Atlantic/Gulf Region approximately 2 miles north of Saxapahaw, NC and 7 miles southeast of Graham, NC in eastern Alamance County (Figure 1, Appendix A), the Parcel is hydrologically situated within the USGS 14-digit HUC and Targeted Local Watershed 03030002050010 of the Cape Fear River Basin and Jordan Lake’s Haw Sub-Watershed (DWR Subbasin Number 03-06-02). The main hydrologic features include four unnamed tributaries (UT) to Meadow Creek, and adja cent floodplains. Directions to Parcel (from Saxapahaw):  From Church Rd. and Jordan Dr. intersection, go north on Jordan Dr. – 0.1 mile  Jordan Dr. becomes Saxapahaw Bethlehem Church Rd. – 1.8 miles  Turn right on Payne Rd. – 0.7 mile  Site is on left; access site using driveway to barn and agriculture fields. Site Coordinates: 35.978992, -79.315216 1.2 Project Goals and Objectives According to the Final Cape Fear River Basin Restoration Priorities (NCEEP 2009), this watershed should be targeted for res toration to protect the nutrient sensitive waters that ultimately drain into the nutrient sensitive water supply of Jordan Lake. Overall, the purposes of the Orphan Creek Buffer and Nutrient Offset Bank is to restore, enhance, and preserve riparian buffer s and other riparian areas adjacent to mitigated streams onsite. The riparian restoration and enhancement work will result in improved water quality within the Parcel and the downstream watershed. The Parcel is located in a region of the state dominated by agriculture and livestock; restoration of the riparian buffer is expected to result in immediate water quality benefits within the vicinity of the Parcel through the removal of livestock access to Parcel streams. Primary goals focus on 1) improving water quality, 2) enhancing flood attenuation and hydrology, 3) improving aquatic resources, and 4) restoring riparian habitat. Proposed mitigation activities will provide floodplain connectivity, floodplain resistance, stream stability, sediment transport, surface and subsurface storage and retention, in-stream habitat, riparian habitat and structure, thermal regulation, floodplain biogeochemical processing, and pollutant filtration as well as remove sources of pollutants. Orphan Creek Bank Parcel Baseline Document and Asbuilt Report page 2 Phase One Haw River WS Umbrella Bank Restoration Systems, LLC 2.0 RIPARIAN RESTORATION AND ENHANCEMENT PLAN As this Parcel is also part of a stream and wetland mitigation bank, all riparian restoration activities occurred in concurrence with stream mitigation activities. 2.1 Riparian Area Restoration Activities In general, riparian restoration/enhancement area widths on streams will extend out to a maximum of 100 feet from the top of bank with a minimum width of 30 from top of banks. Riparian buffer enhancement credits generated on this Bank Parcel ar e allowed pursuant to 15A NCAC 02B .0295 (o)(6) but cannot be used to generate nutrient offset credits. Additionally, no riparian restoration areas that are less than 50 feet wide from Top of Banks can be used to generate nutrient offset credit. Variations in vegetative planting occurred based on topographic locations and hydraulic conditions of the soil. Vegetative species compositions mimic reference forest data, onsite observations, and community descriptions from Classification of the Natural Commu nities of North Carolina (Schafale and Weakley 1990). Community associations utilized include 1) Piedmont Alluvial Forest, 2) Dry-Mesic Oak-Hickory Forest, and 3) stream-side assemblage. Deep-rooted, riparian vegetation will be planted over 6.45 acres of the Parcel. Stream-side trees include species with a high value for sediment stabilization, rapid growth rate, and the ability to withstand hydraulic forces associated with bankfull flow and overbank flood events. Stream-side trees and shrubs were plante d along reconstructed stream banks and concentrated along outer bends. Planted vegetation along cleared stream banks will reestablish native/historic community patterns within the stream corridor, associated side slopes, and transition areas. Revegetating Parcel floodplains and stream banks will provide stream bank stability, give shade, reduce surface water temperatures, filter pollutants from adjacent runoff, and provide habitat for area wildlife. Planting of the Parcel was performed December 20-22, 2017. A detailed planting list is depicted in Table 2 (Appendix B), and the planting area is graphically depicted on Figure 4 (Appendix A). 2.2 Riparian Buffer Enhancement Activities Riparian buffer enhancement include d permanently protecting existing riparian buffer from livestock via exclusionary fencing, cutting, clearing, filling, grading, and any similar activities that would affect the functionality of the riparian buffer. Buffer credits sought in the enhancement area, allowed pursuant to 15A NCAC 02B .0295 (o)(6), will only be used toward buffer mitigation and cannot be transferred into nutrient offset credits. The enhancement area extends a maximum of 100 feet from the top of bank with a minimum width of 20 from top of banks. 2.3 Marsh Treatment Area Two marsh treatment areas were constructed to intercept surface waters draining through agricultural areas prior to discharging into UT1B and the downstream reach of UT1 (Figures 4-5, Appendix A). The marsh treatment areas were excluded from credit calculations. Orphan Creek Bank Parcel Baseline Document and Asbuilt Report page 3 Phase One Haw River WS Umbrella Bank Restoration Systems, LLC 3.0 MITIGATION POTENTIAL The Orphan Creek Bank Parcel provides Jordan buffer mitigation and nutrient offset credits for development impacts within the Haw River Sub-watershed of Jordan Lake. The width of the credit generation area will begin at the most landward limit of the top of bank or the rooted herbaceous vegetation and extend landward a maximum distance of 200 feet where able. A maximum of 4.52 acres of riparian restoration on this site is able to be converted and transferred from Riparian Buffer Credits to Nutrient Offset Credits and from Nutrient Offset Credit back to Riparian Buffer Credits upon approval and does not include any of the acreage being mitigated to generate wetland mitigation cr edit.. The Sponsor must submit a written request and receive written approval from DWR prior to any credit conversions and transfers to the buffer and nutrient credit ledgers. All delivery factors shall be applied to nutrient offset credits prior to requesting a conversion. According to the nutrient reduction goals for the Haw River arm of Jordan Lake, the generated nitrogen credits per acre in the Haw Sub-watershed for riparian restoration on agriculture land is 2249.36 pounds and the generated phosphorus credit per acre is 143.81 pounds. The delivery factors applied to this parcel are 74 percent for nitrogen and 68 percent for phosphorus (Appendix G). Delivered credits are calculated by applying the delivery factors and the acreage of riparian restora tion to the generated credits per acre stated above. Proposed areas for Jordan riparian buffer and nutrient offset (Nitrogen and Phosphorus) credits for the Orphan Creek Bank Parcel are summarized in the tables below and corresponding Figure 5 (Appendix A). The Sponsor will maintain 4 credit ledgers for the Parcel under the Banking Instrument and BPDP: (1) for buffer restoration mitigation credits in both square feet and acres, (1) for buffer enhancement mitigation credits in square feet and acres, (1) accounting for nitrogen offset credits in pounds and acres, and (1) accounting for phosphorus offset credits in pounds and acres. The Sponsor may elect to use riparian areas for either buffer mitigation credit or wetland mitigation credit, but not both. The Sponsor must submit a written request and receive written approval from DWR prior to any credit conversions and transfers to the buffer credit ledger. As part of that request, the Sponsor must provide DWR with a written acceptance letter f rom the USACE, accompanied by supporting documents, for any wetlands that they want removed from the wetland mitigation bank. Only riparian areas that fail to qualify to generate wetland credit may be viable for generating riparian buffer credit. Figure 5 (Appendix A) depicts riparian areas that could potentially generate riparian buffer credit if they don't qualify to generate wetland mitigation credits, and Figure 6 (Appendix A) depicts the potential conversion of failed wetland mitigation credits to riparian buffer credits. Any areas proposed for buffer mitigation credit must meet the performance standards detailed in 15A NCAC 02B .0295. Orphan Creek Bank Parcel Baseline Document and Asbuilt Report page 4 Phase One Haw River WS Umbrella Bank Restoration Systems, LLC Table 1. Jordan Lake: Haw River Sub-Watershed Credit Determination Table 14 Digit Watershed ID: 03030002050010 Riparian Buffer Mitigation Units *Buffer Width from TOB Credit Type* Total Area Mitigation Ratio Percentage of Full Credit Mitigation Units TOB-100 ft Restoration 196,725.78 ft 2 (4.52 ac) 1:1 100% 196,725.78 ft 2 (4.52 ac) TOB-100 ft Enhancement via Cattle Exclusion (15A NCAC 02B .0295 (o)(6) 75,686.90 ft 2 (1.74 ac) 2:1 100% 37,843.45 ft 2 (0.87 ac) Total Riparian Buffer Mitigation Units 234,660.23 ft2 (5.39 ac) Nutrient Offset Credits **Buffer Width from TOB Credit Type Mitigation Type Total Acreage Generated Credits per Acre Generated Credits Delivery Factor Delivered Credits 101-200 ft Nitrogen Restoration 0.22 2,249.36 lbs/ac 494.86 74% 366.20 101-200 ft Phosphorus Restoration 0.22 143.81 lbs/ac 31.64 66% 20.88 * TOB-20 ft = Buffer is less than 20 ft from the TOB and therefore qualifies for no credit. TOB-29 ft = Buffer width is contiguous from TOB, is a minimum of 20 ft from the TOB and a maximum of 29 ft from the TOB, and qualifies for 75% credit. TOB-100 ft = Buffer width is contiguous from TOB, is a minimum of 29 ft from the TOB and a maximum of 100 ft from the TOB, and qualifies for 100% credit. 101-200’ = Buffer width is contiguous from TOB, is a minimum of 101 ft from the TOB and a maximum of 200 ft from the TOB, and qualifies for 33% credit. **Buffer mitigation credits are sought from top of bank to 100’. Beyond buffer credit generating areas, RS is proposing nutri ent offset credits out to a maximum of 200’ for a contiguous riparian restoration from top of bank to 200’ where possible. 4.0 MONITORING AND MAINTENANCE PLAN 4.1 Monitoring Protocol Restoration monitoring procedures for riparian vegetation will include periodic visual inspection and annual plant survival and species diversity survey reports. Quantitative sampling of vegetation will be performed as outlined in the CVS Level 1 -2 Protocol for Recording Vegetation, Version 4.2 (Lee et al. 2008). Photos will be taken from all photo points each monitoring year and provided in the annual reports. All planted stems in the plots will be marked with flagging tape and recorded. Detailed qualitative and quantitative monitoring is proposed for vegetated riparian areas; marsh treatment areas will be visually inspected periodically and reported qualitatively within the annual monitor report, which will include photographic record of the Parcel’s assets. Monitoring of the restoration efforts will be performed for five years or until success criteria are fulfilled. Restoration Systems shall submit an annua l monitoring report to DWR, no later than December 31st of each year. Quantitative monitoring include s measurements of 7-10x10 meter, permanent vegetation plots (3.6% of restoration and nutrient offset credit areas). Plots were randomly placed throughout the planted riparian areas and are representative of credit generating areas. Sampling of vegetation will be performed in October of each year, with the 1st monitoring data to be collected in the fall of 2018 but not within 6 months from initial planting. Baseline data can be found in Appendix B. Orphan Creek Bank Parcel Baseline Document and Asbuilt Report page 5 Phase One Haw River WS Umbrella Bank Restoration Systems, LLC During the first year, vegetation will receive a cursory, visual evaluation on a periodic basis to ascertain the degree of overtopping of planted elements by nuisance species. Success criteria within the riparian buffer and nutrient offset restoration areas will be based on the survival of planted species at a density of 260 stems per acre after five years of monitoring. A minimum of four native, hardwood tree and shrub species must be present, with no one species representing greater than 50% of the stems. In addition, appropriate volunteer stems of native hardwood tree and shrub species may be included to meet the final performance standard of 260 stems per acre upon DWR approval. A visual assessment of the cattle exclusion and preservation areas within the conservation easement will also be performed each year to confirm: • Fencing is in good condition throughout the site; • no cattle access within the conservation easement area; • no encroachment has occurred; • diffuse flow is being maintained in the conservations easement area; and • there has not been any cutting, clearing, filling, grading, or similar activities that would negatively affect the functioning of the buffer. 4.2 Parcel Maintenance A remedial action plan will be developed and implemented with the approval of DWR in the event that the Parcel or a specific component of the Parcel fails to achieve success criteria as outlined above. Other vegetation maintenance and repair a ctivities may include pruning, mulching, and fertilizing. In the event that exotic invasive plant species require treatment, such species will be controlled by mechanical (physical removal with the use of a chainsaw) and/or chemical methods (aquatic appro ved herbicide) in accordance with North Carolina Department of Agriculture (NCDA) rules and regulations. If mowing is deemed necessary by the Sponsor for vegetation survival of planted stems during the monitoring period, the Sponsor must receive approval by the DWR prior to any mowing activities within Zone 1 and Zone 2 of the Jordan buffers to ensure that no buffer violations have been performed. Failure to receive approval prior to mowing activities within the Jordan buffer as defined in 15A NCAC 02B .0267 by the DWR, could result in Jordan buffer violations and violations of the conservation easement. If necessary, the Sponsor will develop a species -specific control plan 4.3 Long Term Management Plan A Permanent Conservation Easement will preserve all areas and prohibit all use of the property inconsistent with its use as mitigation property including any activity that would materially alter the biological integrity of the Parcel. The North Carolina Wildlife Habitat Foundation (NCWHF) has agreed to be holder of the easement. The Sponsor will provide an endowment to the NCWHF to hold and enforce the Conservation Easement and its interests in perpetuity. The Conservation Easement was recorded on October 18, 2016 at the Alamance County courthouse in De ed Book 3593, Page 888-898. 4.4 Easement Boundaries and Fencing Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and adjacent properties. Boundaries may be identified by cattle fence, marker, bollard, po st, tree-blazing, or other means as allowed by site conditions and/or conservation easement. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. Orphan Creek Bank Parcel Baseline Document and Asbuilt Report page 6 Phase One Haw River WS Umbrella Bank Restoration Systems, LLC 5.0 FINANCIAL ASSURANCE Per the Banking Instrument, Restoration Systems intends to forgo the release of Task 1 credits and acquisition of a Performance Bond. Upon submittal of the As-built Report, Restoration Systems will provide a Performance/Maintenance Bond, with DWR as the Obligee, and per the requirements of the Banking Instrument. The Performance Bond will be a minimum of 100k and will be renewed annually. Performance bonds for monitoring shall be renewed to cover the next years monitoring period, with confirmation of renewal provided to DWR with ea ch annual monitoring report when applicable. DWR reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals when applicable. 6 .0 REFERENCES Griffith, G.E., J.M. Omernik, J.A. Comstock, M.P. Schafale, W.H. McNab, D.R. Lenat, T.F. MacPherson, J.B. Glover, and V.B. Shelbourne. 2002. Ecoregions of North Carolina and South Carolina . U.S. Geological Survey, Reston, Virginia. Jordan Lake Water Supply Watershed Buffer Rules 15A NCAC 02B .0267, 15A NCAC 02B .0268, and 15A NCAC 02B .0295 Lee, M.T., R.K. Peet, S.D. Roberts, and T.R. Wentworth. 2008. CVS -EEP Protocol for Recording Vegetation, Level 1-2 Plot Version 4.2. Ecosystem Enhancement Program, North Carolina Department of Environment and Natural Resources. North Carolina Division of Water Quality (NCDWQ). 2005. Cape Fear River Basinwide Water Quality Plan. Available: http://portal.ncdenr.org/c/document_library/get_file?uuid=2eddbd59-b382- 4b58-97ed-c4049bf4e8e4&groupId=38364. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Ecosystem Enhancement Program (NCEEP 2009). Cape Fear River Basin Restoration Priorities 2009 (online). Available: http://portal.ncdenr.org/c/document_library/get_file?uuid= 864e82e8-725c -415e -8ed9-c72dfcb55012&groupId=60329 Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina: Third Approximation . North Carolina Natural Heritage Program, Division of Parks and Recreation, N.C. Department of Environment, Health, and Natural Resources. Raleigh, North Carolina. Orphan Creek Bank Parcel Baseline Document and Asbuilt Report Appendices Phase One Haw River WS Umbrella Bank Restoration Systems, LLC Appendix A. Figures Figure 1. Site Location Figure 2. Current Conditions Plan View Figure 3. Historic Conditions Plan View Figure 4. Restoration Plan Figure 5. Credit Determination Figure 6. Potential Conversion of Wetland Credit to Riparian Buffer Credit As-Built Survey – Sheets 1-5 Copyright:© 20 14 DeLo rme FIGURE Dra wn by : Dat e: Sca le: Pro jec t N o.: KRJ SEPT 2016 1:3500 16-017 Tit le: Pro jec t: Pre pa red fo r: Ala ma nce Co un ty, N C ORPHAN CREEKBANK PARCEL SITE LOCATIO NANDSERVICE AREA 1 Not es : 0 10 20 30 405Miles Legend Jor dan La ke 14 -dig it U SG S HU Cs Par cel Se rvic e A re a - Ha w R ive r S ubw at ers hed Haw R ive r S ubw at ers hed New H op e C ree k S ub wa ters he d ³ 1. Bac kground Im agery Source:DeLorme Wo rld Basem ap(20 14) ^ Bank Parcel LocationUSGS 14-digit HUC03030002050010 4823 Salem Churc h RoadHaw River, NC 27258 35.979398°N, 79.315874°W 6 2 1 4 7 3 5 NCCGIA FIGURE Dra wn by : Dat e: Sca le: Pro jec t N o.: KRJ/CLF MA R 2018 1:1400 16-017 Tit le: Pro jec t: Pre pa red for : Alamance County, NC ORPHAN CREEKBANKPARCEL CURRENTCONDITIONSPLAN VIEW 2 ³ Legend Orphan Creek Easement = 7.0 a c Stream Cha nnel (Design) CVS Plots 0 150 300 45075FeetUT-3UT-2UT-1 UT-1A UT-1B ^_ ^_ ^_ NCCGIA FIGURE Drawn by: Date: Scale: Project No.: KRJ SEPT 2016 1:2000 16-017 Title: Project: Prepared for: Alamance County, NC ORPHAN CREEKBANK PARCEL HISTORICCONDITIONSPLAN VIEW 3 Notes: 0 500 1,000250Feet Legend Conservation Easement = 7.01 ac Historic Perennial Stream Alignment = 1840 ft Historic Intermittent Stream Alignment = 828 ft Historic Wetlands = 0.12 ac Historic Riparian Buffer = 1.99 ac ^_NCDWR Stream Identification Forms ³ 1. Background Imagery Source:2014 aerial photographyprovided by the NC OneMapprogram (online, provided bythe NC Geographic InformationCoordination Council) UT-1 UT-1B UT-3 UT-2 UT-1A Form 1Score 25.5 Form 2Score 29.5 Form 3Score 39.5 Depicted on Soil Survey Depicted on USGS QuadUT-1 Yes YesUT-1A No NoUT-1B Yes YesUT-2 No NoUT-3 Yes No NCCGIA FIGURE Drawn by: Date: Scale: Project No.: KRJ SEPT 2016 1:2000 16-017 Title: Project: Prepared for: Alamance County, NC ORPHAN CREEKBANK PARCEL RESTORATIONPLAN 4 Notes: 0 500 1,000250Feet Legend Conservation Easement = 7.01 ac Restored Stream Channel = 0.43 ac Planting Plan = 6.45 ac Constructed BMP Footprint = 0.02 ac ³ 1. Background Imagery Source:2014 aerial photographyprovided by the NC OneMapprogram (online, provided bythe NC Geographic InformationCoordination Council) UT-1 UT-2 UT-3 UT-1A UT-1B Ditch will be filledto meet diffuse flow ^_ ^_ 6 2 1 4 7 3 5 NCCGIA FIGURE Dra wn by : Dat e: Sca le: Pro jec t N o.: KRJ/CLF MA R 2018 1:2000 16-017 Tit le: Pro jec t: Pre pa red for : Ala ma nce Co un ty, N C ORPHAN CREEKBANK PARCEL CREDITDETERMINATION 5 Not es: 0 500 1,000250Feet Legend Conservation E asement = 7.01 ac Restored Stream Channel = 0.43 ac Nutr ient Offset Credit Ar ea (101-200 ft) = 0.22 ac (9769.53 sq ft) Riparian Buffer Restoration Ar ea (TOB-100 ft) = 4.52 ac (196,725.78 sq ft) Riparian Buffer Enhancement via Cattle Exclusion (TOB-100 ft) = 1.74 ac (75,686.90 sq ft) Wetland Mitigation Credit Area = 0.09 ac Constructed BMP Footpr int (no credit) = 0.02 ac CVS P lots 50 ft fr om TOB 100 ft fr om TOB 200 ft fr om TOB ^_DWR Flags ³ 1. Bac kground Im agery Source:2014 aerial photog ra phyprovided by the NC O neMapprogram (online, provided bythe NC G eographic Informa tionCoordination Council) UT-1 UT-2 UT-3 UT-1A UT-1B DWR Stream Flags - For purposes of c alculating Riparian Buffer and Nutrient Offset c redits , these flags represent stream term ini. NOTE: No riparian buffer credit is givenin areas with buffer width of less than20 ft. Additionally, no nutrient offsetcredit is given in areas with buffer widthless than 50 ft. UT-3 NOTE ABOUT BUFFER WIDTHS:TOB-20 ft = Buffer is less than 20 ft from the TOB and therefore qualifies for nocredit.TOB-29 ft = Buffer width is contiguous from TOB, is a minimum of 20 ft from theTOB and a maximum of 29 ft from the TOB, and qualifies for 75% credit.TOB-100 ft = Buffer width is contiguous from TOB, is a minimum of 29 ft from theTOB and a maximum of 100 ft from the TOB, and qualifies for 100% credit.101-200’ = Buffer width is contiguous from TOB, is a minimum of 101 ft from theTOB and a maximum of 200 ft from the TOB, and qualifies for 33% credit. ^_ ^_ FIGURE Drawn by: Date: Scale: Project No.: KRJ/CLF OCT 2017 1:2000 16-017 Title: Project: Prepared for: Alamance County, NC ORPHAN CREEKBANK PARCEL POTENTIAL CONVERSION OF WETLAND CREDIT TO RIPARIAN BUFFER CREDIT 6 Notes: 0 500 1,000250Feet Legend Conservation Easement = 7.01 ac Riparian Buffer Restoration (TOB-100 ft) Riparian Buffer Restoration (101-200 ft) Riparian Buffer Enhancement via Cattle Exclusion (TOB-100 ft) ^_DWR Flags Restored Stream Channel = 0.43 ac Constructed BMP Footprint (no credit) = 0.02 ac 50 ft from TOB 100 ft from TOB 200 ft from TOB ³ 1. Background Imagery Source:2014 aerial photographyprovided by the NC OneMapprogram (online, provided bythe NC Geographic InformationCoordination Council) UT-1 UT-2 UT-3 UT-1A UT-1B DWR Stream Flags - For purposes of calculating Riparian Buffer and Nutrient Offset credits, these flags represent stream termini. NOTE: Riparian areas that fail to qualifyto generate wetland mitigation credit may beviable for generating riparian buffer credit. Anyareas proposed for buffer mitigation credit mustmeet standards detailed in 15A NCAC 02B .0295. UT-3 NOTE ABOUT BUFFER WIDTHS:TOB-20 ft = Buffer is less than 20 ft from the TOB and therefore qualifies for no credit.TOB-29 ft = Buffer width is contiguous from TOB, is a minimum of 20 ft from the TOBand a maximum of 29 ft from the TOB, and qualifies for 75% credit.TOB-100 ft = Buffer width is contiguous from TOB, is a minimum of 29 ft from the TOBand a maximum of 100 ft from the TOB, and qualifies for 100% credit.101-200’ = Buffer width is contiguous from TOB, is a minimum of 101 ft from the TOBand a maximum of 200 ft from the TOB, and qualifies for 33% credit. 14 Digit Watershed ID: 03030002050010 Potential Conversion of Wetland Credits to Riparian Buffer Mitigation Units *BufferWidth Credit Type Total Area Mitigation Ratio Percentage of Full Credit Mitigation Units TOB-100 ft Restoration 0.07 ac (2949.49 sq ft) 1:1 100% 0.07 ac (2949.49 sq ft) 101-200 ft Restoration 0.001 ac (51.49 sq ft) 1:1 33% 0.0003 ac (16.99 sq ft) TOB-100 ft Enhancement via Cattle Exclusion (15A NCAC 02B .0295 (o)(6) 0.02 ac (962.29 sq ft) 2:1 100% 0.01 ac (481.15 sq ft) Total Potential Riparian Buffer Mitigation Units 0.08 ac (3447.63 sq ft) DEED REFERENCE(S): BEING A PORTION OF THE PROPERTIES RECORDED IN D.B. 752, PG. 265, D.B. 2484, PG.606 & D.B. 1446, PG. 278 OF THE ALAMANCE COUNTY REGISTER OF DEEDS. MAP REFERENCE(S). P.B. 62, PG. 124 P.B. 68, PG. 455 P.B. 75, PG. 479 P.B. 69, PG. 155 P.B. 71, PG. 139 CONSERVATION EASEMENT REFERENCE(S): BEING ALL OF THE CONSERVATION EASEMENT RECORDED IN D.B. 3593, PG. 888 OF THE ALAMANCE COUNTY REGISTER OF DEEDS. P.B. 78, PG. 68 FEMA FLOOD STATEMENT: ALL OF THE AREA REPRESENTED BY THIS PLAT IS NOT LOCATED IN A FLOOD HAZARD BOUNDARY ACCORDING TO FEMA MAP NUMBER(S) 3710980100J, ZONE(S): SHADED X, DATED: SEPTEMBER 6, 2006. GENERAL NOTES: 1) NOTE: NO ABSTRACT TITLE, NOR TITLE COMMITMENT, NOR RESULTS OF TITLE SEARCH WERE FURNISHED TO THE SURVEYOR. ALL DOCUMENTS OF RECORD REVIEWED ARE NOTED HEREON (SEE REFERENCES). THERE MAY EXIST OTHER DOCUMENTS OF RECORD THAT MAY AFFECT THIS SURVEYED PARCEL. 2) NC GRID COORDINATES ON POINT 3 OBTAINED VIA NC RTN (VRS) USING A TOPCON HIPER SR RECEIVER ON APRIL 6, 2015 (GEOID 2012A). SURVEYORS CERTIFICATION(S) Surveyor's disclaimer: No attempt was made to locate any cemeteries, wetlands, hazardous material sites, underground or aboveground utilities or any other features above, or below ground other than those shown. I certify that the survey is of another category (as -built survey), such as the recombination of existing parcels, a court-ordered survey, or other exception to the definition of subdivision. I certify that this plat does not meet G.S. 47-30 as amended. I, John A. Rudolph, certify that this project was completed under my direct and responsible charge from an actual survey made under my supervision; that this As -built survey was performed at the 95 percent confidence level to meet Federal Geographic Data Committee Standards; that this survey was performed to meet the requirements for a topographic/planimetric survey to the accuracy of Class B and vertical accuracy when applicable to the Class B standard, and that the original data was obtaineci,P� Fiebmiq%, 2018; that the survey was completed on February, 20, 2018; and all coordina`qs�XkVg"p�140 Grid 'NAD '83(2011) and all elevations are assumed elevations. Q• Q SEAL r = Surveyor L-4194 L-4194 '•���, SUR 4iLEY V- I//'/IiIItIW COORDINATES ALONG CONSERVATION EASEMENT 2 Ay NORTHING N O`P a � 811379.5500 v-9AF< � MS `NSR2�A2 SITE 2002 811374.2432 L3 vp 2003 811472.8830 N22°54'40"W 1906331.2128 a 811484.7634 175.70' m 2005 PA RD O 1906190.4377 NC SR 2150 SQA' 42 1906366.1373 2007 811710.8562 S51 °38'54"W VICINITY MAP (NTS) DEED REFERENCE(S): BEING A PORTION OF THE PROPERTIES RECORDED IN D.B. 752, PG. 265, D.B. 2484, PG.606 & D.B. 1446, PG. 278 OF THE ALAMANCE COUNTY REGISTER OF DEEDS. MAP REFERENCE(S). P.B. 62, PG. 124 P.B. 68, PG. 455 P.B. 75, PG. 479 P.B. 69, PG. 155 P.B. 71, PG. 139 CONSERVATION EASEMENT REFERENCE(S): BEING ALL OF THE CONSERVATION EASEMENT RECORDED IN D.B. 3593, PG. 888 OF THE ALAMANCE COUNTY REGISTER OF DEEDS. P.B. 78, PG. 68 FEMA FLOOD STATEMENT: ALL OF THE AREA REPRESENTED BY THIS PLAT IS NOT LOCATED IN A FLOOD HAZARD BOUNDARY ACCORDING TO FEMA MAP NUMBER(S) 3710980100J, ZONE(S): SHADED X, DATED: SEPTEMBER 6, 2006. GENERAL NOTES: 1) NOTE: NO ABSTRACT TITLE, NOR TITLE COMMITMENT, NOR RESULTS OF TITLE SEARCH WERE FURNISHED TO THE SURVEYOR. ALL DOCUMENTS OF RECORD REVIEWED ARE NOTED HEREON (SEE REFERENCES). THERE MAY EXIST OTHER DOCUMENTS OF RECORD THAT MAY AFFECT THIS SURVEYED PARCEL. 2) NC GRID COORDINATES ON POINT 3 OBTAINED VIA NC RTN (VRS) USING A TOPCON HIPER SR RECEIVER ON APRIL 6, 2015 (GEOID 2012A). SURVEYORS CERTIFICATION(S) Surveyor's disclaimer: No attempt was made to locate any cemeteries, wetlands, hazardous material sites, underground or aboveground utilities or any other features above, or below ground other than those shown. I certify that the survey is of another category (as -built survey), such as the recombination of existing parcels, a court-ordered survey, or other exception to the definition of subdivision. I certify that this plat does not meet G.S. 47-30 as amended. I, John A. Rudolph, certify that this project was completed under my direct and responsible charge from an actual survey made under my supervision; that this As -built survey was performed at the 95 percent confidence level to meet Federal Geographic Data Committee Standards; that this survey was performed to meet the requirements for a topographic/planimetric survey to the accuracy of Class B and vertical accuracy when applicable to the Class B standard, and that the original data was obtaineci,P� Fiebmiq%, 2018; that the survey was completed on February, 20, 2018; and all coordina`qs�XkVg"p�140 Grid 'NAD '83(2011) and all elevations are assumed elevations. Q• Q SEAL r = Surveyor L-4194 L-4194 '•���, SUR 4iLEY V- I//'/IiIItIW COORDINATES ALONG CONSERVATION EASEMENT Point NORTHING EASTING 2001 811379.5500 86.57' 1906667.1039 2002 811374.2432 L3 1906580.6981 2003 811472.8830 N22°54'40"W 1906331.2128 2004 811484.7634 175.70' 1906250.9314 2005 811627.8941 L7 I 1906190.4377 2006 811627.1260 1906366.1373 2007 811710.8562 S51 °38'54"W 1906492.5131 2008 811731.6300 12.52' 1906529.7382 2009 811650.3698 L12 1906623.7264 2010 811574.1494 1906527.3934 2011 811562.2690 S84°10'26"E 1906531.3510 2012 811520.9704 116.81' 1906649.5116 2013 811491.1869 L17 1906766.702T- 2014 811467.9960 N50°57'50"W 1906876.5498 2015 811445.6268 72.16' 1907095.7790 2016 811369.8007 1907184.6317 2017 811191.5945 1907018.4153 2018 811196.4815 1906960.3143 2019 811293.1412 1906841.103T-- 2020 811350.6441 1906797.5153 2021 811485.4997 1906223.4791 2022 811495.9756 1906073.6237 2023 811503.8443 1905884.9706 2024 811497.0462 1905788.187- 2025 811529.4101 1905709.2658 2026 811642.7022 1905735.9241 2027 811621.4184 1905798.4443 2028 811643.5806 1905919.4577 2029 811652.4163 1905926.8472 2030 811636.7949 1906066.8262 2031 811626.8741 1906163.7276 2032 811677.0782 1905931.2669 2033 811726.7673 1905958.8751 2034 811790.6029 1905971.3131 2035 811902.0033 1906031.9818 2036 811964.9211 1906094.6370 2037 812009.9224 1906162.2610 2038 812042.0873 1906216.6132 2039 811958.5199 1906313.179f-- 2040 811869.3792 1906188.0753 2041 811811.1085 1906142.4783 2042 811764.4355 1906105.9565 2043 811661.5094 1906070.7751 NOTE: ONLY CORNER #111 ISA TRUE NORTH CAROLINA STATE PLANE COORDINATE. COORDINATES SHOWN ARE BASED ON GROUND DISTANCES TO MATCH PLAT. LINE DATA ALONG SECTION "A" LINE BEARING DISTANCE L1 S86°29'08"W 86.57' L2 N68°25'39"W 268.28' L3 N81 °34'56"W 81.16' L4 N22°54'40"W 155.39' L5 S89°44'58"E 175.70' L6 N56°28'25"E 151.60' L7 I N60°50'09"E 42.63' L8 S49°09'15"E 124.25' L9 S51 °38'54"W 122.84' L10 S18°25'25"E 12.52' L11 S70°44'05"E 125.17' L12 S75°44'25"E 120.92' L13 S78°04'44"E 112.27' L14 S84°10'26"E 220.37' L15 S49°31'22"E 116.81' L16 S43°00'23"W 243.69' L17 N85°11'31"W 58.31' L18 N50°57'50"W 153.47' L19 N37°09'47"W 72.16' L20 N77°30108"W 133.58' METADATA CORNER DESCRIPTIONS ALONG CONSERVATION EASEMENTS CORNER DESCRIPTION SECTION "C" 1.33 ACRES± O THRU zo No. 4 REBAR EASEMENTS AND RIGHT-OF-WAYS BY FLUSH WITH GRADE 21 THRU zs No. 5 REBAR N67°42'04"W FLUSH WITH GRADE zs THRU az No. 4 REBAR 116.39' FLUSH WITH GRADE D33 THRU as 0 No. 5 REBAR L27 FLUSH WITH GRADE 35 THRU as No. 4 REBAR N39°54'24"E FLUSH WITH GRADE CONSERVATION EASEMENT ACREAGE DATA: SECTION "A" 4.20 ACRES± SECTION "B" 1.48 ACRES± SECTION "C" 1.33 ACRES± TOTAL CONSERVATION EASEMENT IS 7.01 ACRES± EXCLUDING ALL EASEMENTS AND RIGHT-OF-WAYS BY COORDINATE COMPUTATION LINE DATA ALONG SECTION "B" LINE BEARING DISTANCE L21 N86°00'04"W 150.22' L22 N87°36'42"W 188.82' L23 S85°58'57"W 97.03' L24 N67°42'04"W 85.29 L25 N13°14'28"E 116.39' L26 S71°12'00"E 66.04' L27 N79°37'19"E 123.03' L28 N39°54'24"E 11.52' L29 S83°37'56"E 140.85' L30 S84°09'16"E 97.41' 131 S22°54'40"E 153.48' LINE DATA ALONG SECTION "C" LINE BEARING DISTANCE L32 N29°03'27"E 56.84' L33 N11°01'32"E 65.04' L34 N28°34'22"E 126.85' L35 N44°52'48"E 88.79' L36 N56°21'28"E 81.23' L37 N59°23'01"E 63.16' L38 S49°06'32"E 75.65' L39 S49°09'15"E 52.05' L40 S54°31'44"W 153.61' L41 S38°02'36"W 73.99' L42 938°02'36"W 59.26' L43 S18°52'16"W 108.77' L44 N83°37'56"W 140.37' 01 METADATA CORNER DESCRIPTIONS CORNER DISTANCE L45 DESCRIPTION # L46 101 1/2" IRON STAKE FLUSH WITH L47 GRADE 10 1.5" O.D. IRON PIPE N49°09'15"W FLUSH WITH GRADE Boa AND �� SFLUSH 1.0" O.D. IRON PIPE 31.92' WITH GRADE jos 0.5" O.D. IRON PIPE L51 FLUSH WITH GRADE jos 1.0" O.D. IRON PIPE FLUSH WITH GRADE 107 No. 5 REBAR 25.05' FLUSH WITH GRADE 108 1.0" O.D. IRON PIPE FLUSH WITH GRADE jos CEDAR POST 110 1.0" O.D. IRON PIPE, DISTURBED FLUSH WITH GRADE �� CHISELED "X" IN APPROX. 1.5'x1.0' ROCK 1.0 ABOVE GRADE nz AND na No. 5 REBAR FLUSH WITH GRADE E) 1.0" O.D. IRON PIPE 0.35' ABOVE GRADE 115 3/4" O.D. AXLE 0.4' ABOVE GRADE 118 1.0" O.D. IRON PIPE 0.4' ABOVE GRADE E)0.3' 1.0" O.D. IRON PIPE ABOVE GRADE 118 1.0" O.D. IRON PIPE, DISTURBED FLUSH WITH GRADE LINE DATA ALONG TIE DOWN LINES LINE BEARING DISTANCE L45 S87°48'47"W 26.73' L46 S88°27'49"E 27.46' L47 N49'09'1 5"W 67.72' L48 N49°09'15"W 119.06' L49 S60°50'09"W 31.92' L50 N51 °38'54"E 30.54' L51 I N49°09'15"W 1 323.13' L52N49°06'32"W 424.96' L53 S10°09'37W 25.05' L54 I N09°04'58"E 1 25.04' CVS PLOTS COORDINATE TABLE (COORDINATE AT THE PLOT ORIGIN &) CVS PLOT NORTHING EASTING 1 811582.9628 1905836.2793 2 811924.9200 1906169.3623 3 811505.6094 1906036.6720 4 811474.6937 1906351.6066 5 811622.2790 1906506.0562 6 1 811497.2784 1906548.7201 7 1811319.3813 1906985.9253 50 100 200 N C r W M C N '- U -m N -D o = Z W �` N O co, �/ c N Lo .N V Co 000 of E Co (9;; m Ono E10 0 N M ;¢ c3Z W ct� Eve mN xo_ ro T o6 EE C O C E Z UF 0�w a h NO o wWz zrx 0 LU N N LU Im N E w U YY QU Z:E Z W Q c r W 3 0 („) Z p J Q O 0 Q H o W m a(a7 E m �Fo U)j oE QU 0 Q U U w d � DRAWN BY: FGR DATE: 05/25/18 SURVEYED BY: J.A.R. DWG. NO. RSS145RB18 SHEET 1"= 100' 1 1 OF 5 Table 1. Orphan Creel. Jordan Lake - Ilaw River Sub -Watershed Credit Deterni in atio n 'Fable 14 Digit' Watershed H). 03030002050010 SHEET 4 RESTORED STREAM CHANNEL v ORIGIN POINT ON CVS PLOTS Riparian Buffer Mitigation Units PLOTS LY] W� Q W —Buffer U Q 'Buffer Width Crcdif'L'ypc• Total Arca Nfitigation Percentage of Mitigation From TOS Credit Type CATTLE EXCLUSION (TOB - 100FT) Ratio Full Credit Units WETLAND MITIGATION CREDITAREA = 0.09 AC. 19fi,725.78 sy'L/'OSS`" .� \ Type 19fi,725.78 TOB -100 ft Restoration 1t= 1:1 lou°•o fit (4.52 ac) (4.52 ac) 101-2W ft Enhancement via Cattle 75,686.90 R2 0.22 2,249.36 Ihs/ac 37,843.45 f' TOB -100 ft Exclusion (15A NCAC 02B .0295 101-200 ft 2:1 100% 0.22 143.8] lbs/ac 0 5 (1.74 ac) 20.88 (0.87 ac) 234f66Q23 Total Riparian Buffer Mitigation TTnits ft, (5.39 ac) 43E=� Nutrient Offset Credits SHEET 4 RESTORED STREAM CHANNEL v ORIGIN POINT ON CVS PLOTS ElCVS PLOTS LY] W� Q W —Buffer U Q Mitigation Total C enerated Generated Delivery Delivered Width Fram Credit Type CATTLE EXCLUSION (TOB - 100FT) Nutrient Offset Credits SHEET 4 RESTORED STREAM CHANNEL v ORIGIN POINT ON CVS PLOTS ElCVS PLOTS LY] W� Q W —Buffer U Q Mitigation Total C enerated Generated Delivery Delivered Width Fram Credit Type CATTLE EXCLUSION (TOB - 100FT) Credits per WETLAND MITIGATION CREDITAREA = 0.09 AC. '1'013 sy'L/'OSS`" .� \ Type Acreage CONSERVATION EASEMENT LINE Credits Factor Credits Acre 101-2W ft Nitrogen Restoration 0.22 2,249.36 Ihs/ac 494.86 74% 366.2 101-200 ft Phosphorus Restoration 0.22 143.8] lbs/ac 31 CA 66% 20.88 "'1.OS-20 R = Buffer is Icss than 20 R from the TOB and Ihcmfurc qualifies for no credit. TOB .29 A = Buflcr width is cmitiguous from T613, is a minimum of 20 ft horn the TOB and a maximum of 29 R from the TOB, and qualifies for 75% credit - TOB - 100 redit.TOS-100 R = Bull'cr width is contiguous from TOB, is a minimum of 29 ft from the TOB and a maximum of 100 R From the TOB, and qualifies for 100% credit. 101-200' = Buffer width is contiguous from TDB, is a minimum of 101 R from the TDB and a maximum of 200 R from the TOB, and qualifies for 33% credit- -Buffer mitigation cmcii Ls arc sought from top of bank to 100'- Beyond buffer credit generating arcxz RS is proposing nutrient offset credits mit to a maximum of 200' for a contiguous riparian restoration frum lop of hank to 200' where passible. SHEET 3 0 150 300 600 1 " = 300' CONSTRUCTION LEGEND: SHEET 4 RESTORED STREAM CHANNEL v ORIGIN POINT ON CVS PLOTS ElCVS PLOTS LY] W� Q W RIPARIAN BUFFER RESTORATION AREA U Q (TOB - 100FT) = 4.52 AC. (196,725.78 SQ. FT) Z_ NUTRIENT OFFSET CREDITAREA W (101-200FT) = 0.22 AC. (9769.53 SQ. FT) /Tj�49B\O� RIPARIAN BUFFER ENHANCEMENT VIA w U CATTLE EXCLUSION (TOB - 100FT) = 1.74 AC. (75,686.90 SQ. FT) WETLAND MITIGATION CREDITAREA = 0.09 AC. CONSTRUCTED BMP FOOTPRIINT sy'L/'OSS`" .� \ (NO CREDIT) = 0.02 AC. CONSERVATION EASEMENT LINE o�l / CONSTRUCTION LEGEND: Z RESTORED STREAM CHANNEL v ORIGIN POINT ON CVS PLOTS ElCVS PLOTS LY] W� Q W RIPARIAN BUFFER RESTORATION AREA U Q (TOB - 100FT) = 4.52 AC. (196,725.78 SQ. FT) Z_ NUTRIENT OFFSET CREDITAREA W (101-200FT) = 0.22 AC. (9769.53 SQ. FT) RIPARIAN BUFFER ENHANCEMENT VIA w U CATTLE EXCLUSION (TOB - 100FT) = 1.74 AC. (75,686.90 SQ. FT) WETLAND MITIGATION CREDITAREA = 0.09 AC. CONSTRUCTED BMP FOOTPRIINT (NO CREDIT) = 0.02 AC. CONSERVATION EASEMENT LINE DISTANCES FROM TOB ����tlllrrPPr�� CARD �0 --- >SSSaroti.'!'9 Q SEAL L-4194 �o ; Qz_ '•���, ..,SUR .0 f11,:13hLEv R\° I��rllilltltt�, inn C r W cu M C N � U O O = Z N N O @ N O p t:/ C r` a°Do ° of E 0 to (9 rn Y i Q 0 / fn/ .U) 1 N a) 0 0 N M C0Z Wct� Ew dTN �25 oo N C6 N K rn 6 2 O i' W E Z U F O�w aNeieu N o N Z it : 2�2 O tY LUN w U QU Y Z Z Wa r LLJ U > EL H to W U Z o Z O J Q cU Q I— o 0 LY] W� Q W ~o E E cc O U Q m Z_ Q W _ l) d w U DRAWN BY: FGR DATE: 05/25/18 SURVEYED BY: J.A.R. DWG. NO. RSS145RB18 SHEET 20F5 LEGEND: STA 0+00 \ \ (START AT 18" CMP) � ISS - IRON STAKE SET / N \ ECM -EXISTING CONCRETE MARKER -0 o / EIP - EXISTING IRON PIPE N MNS - MAG NAIL SET Uj / EIS - EXISTING IRON STAKE EPP -EXISTING PUMP PIPE P.B. 68, PG. 455 cos o PPS - PUMP PIPE SET / \ BRADSHAW z z NMC - NON-MONUMENTED CORNER / _ \ D.B. 2093, PG. 12 R/W - RIGHT OF WAY (1 \ \ / EOP - PLAT BOOK / / R> \ 110 D.B. - DEED BOOK / P.B. 71, PG. 139 \ / PG. - PAGE 16 EIP� WILLIAMSON O \ START UT • No. 4 REBAR FLUSH WITH GRADE D.B. 2484, PG. 606 2) F� -3 / \ 39 STA 0+00 O z No. 5 REBAR FLUSH WITH GRADE / \ (TRACT 0�� h BEGIN ENHANCEMENT 1) CONSERVATION EASEMENT LINE (LEVEL -----TIE DOWN LINE�0" 37 (�� _ RIGHT OF WAY LINE OR / \ EI ADJOINER LINE \�spo 6 , leO ACCESS EASEMENTS O� \ co / 35 LOMAN a / o M� D.B. 3457, PG. 345 / 34 ACCESS EASEMENT 4 / UT -3 EXISTING 25' WIDE / STA4+35 END ENHANCEMENT (LEVEL 1) M NON-EXCLUSIVE ACCESS BEGIN RESTORATION —' ASEMENT FOR INGRESS, EGRESS & REGRESS AND UTILITY / L32 33 EASEMENT PER P.B. 78, PG. 68 / L53 32 L44 SOFT FROM TO�s I L28 \ i /� , / 426 z7 L29 L27 za zs h UT -1 STA 15+33.29 END OF RESTORATION SOFT FROM TQB / 2s / / / / / w/ _ / 0 2 W / / / 3s P.B. 68, PG. 455 \ BRADSHAW ZTION\ D.B. 2093, PG. 12 "C" \ 1.33 ACRES± BY \ COORDINATE \ COMPUTATION \ \ \ CONSTRUCTION LEGEND: RESTORED STREAM CHANNEL . ORIGIN POINT ON CVS PLOTS #❑ CVS PLOTS RIPARIAN BUFFER RESTORATION AREA (TOB - 100FT) = 4.52 AC. (196,725.78 SQ. FT) ®NUTRIENT OFFSET CREDITAREA (101-200FT) = 0.22 AC. (9769.53 SQ. FT) RIPARIAN BUFFER ENHANCEMENT VIA CATTLE EXCLUSION (TOB - 100FT) = 1.74 AC. (75,686.90 SQ. FT) WETLAND MITIGATION CREDITAREA = 0.09 AC. CONSTRUCTED BMP FOOTPRIINT (NO CREDIT) = 0.02 AC. CONSERVATION EASEMENT LINE DISTANCES FROM TOB \ O ACCESS EASEMENT 3 EXISTING 30' WIDE NON-EXCLUSIVE ACCESS EASEMENT FOR INGRESS, EGRESS \ \ / \ P.B. 71, PG. 139 <� &REGRESS AND UTILITY EASEMENT WILLIAMSON L49 �O PER P.B. 78, PG. 68 \ \ 13 \ D.B. 2484, PG. 606 \ ISS START UT -2 \ (TRACT 2) PIPED PERMANENT \ CROSSING WITH \ / (2) 18" CMP \ \ CJ L54 L45 \ ter- J \ 3a L30 UT® L5 UT -2 RESTORATION STA 3+12.77 UT -1 \ UT -1 STA 8+85.80 Iski L24 z3 �� 3 f i� L23 L22 22 L3 4 za END UT -3 RESTORATION 21 Oq STA 5+75.20 PIPED PERMANENT 0 SECTION „B„ UT -1 CROSSING WITH 1.48 ACRES± BY STA 13+14.47 (2) 30" CMP COORDINATE � 1 1 I I I ! i 1111// , \ 42 COMPUTATION �`��Q.��1 CAROB ��\ L46 o. F�5S10 �O 9 ACCESS EASEMENT 2 WILLIAMSON - ¢ SEAL r - \ EXISTING 25' WIDE NON-EXCLUSIVE ACCESS D.B. 1446, PG. 278= \ EASEMENT FOR INGRESS, EGRESS (TRACT 3) L-4194 & REGRESS AND UTILITY 0 '• 9,y Q EASEMENT PER P.B. 78, PG. 68 tel' `SHL EY '9 ",, 0 /•,5011 l H1;10\" 0 200 \ 1"= 100' �'9 i/ISS 112 (2) 18 CMP o 5'40°`N i — i 0 15 �9 10 L10 11 L 11 6 515 W Ni \ ROCK IT�EDO so NC GRID COORDINATE N=811, 625.0301' E=1,906,698.9048' GRID TO GROUND FACTOR 1.000069065 c END UT -1, w STA 3+01.E V 1z END UT -11 — STA 1+93.1 L12 START UT 3 STA 3+01.5 L13 BEGIN RE: UT. L1 O O \ \ L20 \ \ 20 \ �A \ WILLIAMSON \ D.B. 752, PG. 265 \ Lel u v d Lu M N o n U N 6 3 U 0 = Z r N N 0 0 N N .� ,U cDo o a -0 E U -)CO o Y i m C M W10 C r 2>NM ><L) 'c 3:z w0 Eu) . -c, 2co N c6 QNO'rn E o W E o Q Z U 0—~ _ J w wwz O W = N w I.— o a N W) W >_ w co) Y ZQZ L Z wa Ny � m 3 c 0 O co ~ o 2 Q a a(D � F o E O s m H Q i f 7 J Q D Q <� Q 0 w U DRAWN BY: FGR DATE: 05/25/18 SURVEYED BY: J.A.R. DWG. NO. RSS145RB18 SHEET 3OF5 STA 0+00 (START AT 18" CMP) � BEGIN RESTORATION 4cP i PIPED PERMANENT CROSSING WITH 11i �'9 i/ISS 112 (2) 18 CMP o 5'40°`N i — i 0 15 �9 10 L10 11 L 11 6 515 W Ni \ ROCK IT�EDO so NC GRID COORDINATE N=811, 625.0301' E=1,906,698.9048' GRID TO GROUND FACTOR 1.000069065 c END UT -1, w STA 3+01.E V 1z END UT -11 — STA 1+93.1 L12 START UT 3 STA 3+01.5 L13 BEGIN RE: UT. L1 O O \ \ L20 \ \ 20 \ �A \ WILLIAMSON \ D.B. 752, PG. 265 \ Lel u v d Lu M N o n U N 6 3 U 0 = Z r N N 0 0 N N .� ,U cDo o a -0 E U -)CO o Y i m C M W10 C r 2>NM ><L) 'c 3:z w0 Eu) . -c, 2co N c6 QNO'rn E o W E o Q Z U 0—~ _ J w wwz O W = N w I.— o a N W) W >_ w co) Y ZQZ L Z wa Ny � m 3 c 0 O co ~ o 2 Q a a(D � F o E O s m H Q i f 7 J Q D Q <� Q 0 w U DRAWN BY: FGR DATE: 05/25/18 SURVEYED BY: J.A.R. DWG. NO. RSS145RB18 SHEET 3OF5 139 DN 3. 606 \ (TRACT 2) \ PIPED PERMANENT \ CROSSING WITH (2) 18" CMP \ a3 L54 L45 \ V6 31 O L5 \ G 3a i ERESTORATION J� 5 ND UT -2 STA 3+12.77 \ i UT -1 T" STA 8+85.80 10 \ LEGEND: ISS - IRON STAKE SET ECM - EXISTING CONCRETE MARKER EIP - EXISTING IRON PIPE MNS - MAG NAIL SET EIS - EXISTING IRON STAKE EPP - EXISTING PUMP PIPE PPS - PUMP PIPE SET NMC - NON-MONUMENTED CORNER R/W - RIGHT OF WAY EOP - PLAT BOOK D.B. - DEED BOOK PG. - PAGE • No. 4 REBAR FLUSH WITH GRADE ♦ No. 5 REBAR FLUSH WITH GRADE CONSERVATION EASEMENT LINE — — — — — TIE DOWN LINE _ RIGHT OF WAY LINE OR ADJOINER LINE /l/ I��',' ACCESS EASEMENTS CONSTRUCTION LEGEND: \ RESTORED STREAM CHANNEL \ dl` \ \ 3s �F� START UT -3 / ppF STA 0+00 BEGIN ENHANCEMENT (LEVEL 1) �g1 / 37 ! i i a 400 EIP o �01�1 o = 1.74 AC. (75,686.90 SQ. FT) C) z WETLAND MITIGATION CREDITAREA= 0.09AC (2) 3s P.B. 68, PG. 455 \ BRADSHAW \ D.B. 2093, PG. 12 2 0 �° SECTION "C" \ \ 1.33 ACRES± BY \ COORDINATE \ COMPUTATION v 41 \ \ P.B. 71, PG. 139 \ \ WILLIAMSON L49 \ 3 \ D.B. 2484, PG. 606 \ \ iS \ (TRACT 2) \ PIPED PERMANENT \ CROSSING WITH (2) 18" CMP \ a3 L54 L45 \ V6 31 O L5 \ G 3a i ERESTORATION J� 5 ND UT -2 STA 3+12.77 \ i UT -1 T" STA 8+85.80 10 \ LEGEND: ISS - IRON STAKE SET ECM - EXISTING CONCRETE MARKER EIP - EXISTING IRON PIPE MNS - MAG NAIL SET EIS - EXISTING IRON STAKE EPP - EXISTING PUMP PIPE PPS - PUMP PIPE SET NMC - NON-MONUMENTED CORNER R/W - RIGHT OF WAY EOP - PLAT BOOK D.B. - DEED BOOK PG. - PAGE • No. 4 REBAR FLUSH WITH GRADE ♦ No. 5 REBAR FLUSH WITH GRADE CONSERVATION EASEMENT LINE — — — — — TIE DOWN LINE _ RIGHT OF WAY LINE OR ADJOINER LINE /l/ I��',' ACCESS EASEMENTS ACCESS EASEMENT 3 � EXISTING 30' WIDE NON-EXCLUSIVE ACCESS z DISTANCES FROM TOB EASEMENT FOR INGRESS, EGRESS & REGRESS AND UTILITY EASEMENT o9 PER P.B. 78, PG. 68 CEDAR POST 4 START UT -2 i '� STA 0+00 2� (START AT 18" CMP) i BEGIN RESTORATION 23g 3 WN) \ PIPED PERMANENT ((REDO \ \ CROSSING WITH EIP \ !g i ISS t)z (2) 18" CMP g�5°3i i � iio \ \!9j iii 312. wNi \ Os \ ROCK IT�EDO c5` 9 � NC GRID COORDINATE ,`O� N=811, 625.0301' E=1,906,698.9048' O L10 GRID TO GROUND FACTOR ��� 1.0000s9oss � �o END UT -1A RESTORATION C 17 STA 3+01.99 z END UT -1 B RESTORATION r STA 1+93.87 SECTION "A" 3 L 12 START UT -1 m 4.20 ACRES± BY / 3 STA 3+01.99 O COORDINATE 202L21 6 3 BEGIN RESTORATION COMPUTATION 1 -ORATION21 L3 4 O PIPED PERMANENT L14 LL CROSSING WITH 0 UT. j 0LL 5 (2) 30" CMP 0 L46 \ ! s (3i \ P.B. 71, PG. 139 WILLIAMSON ACCESS EASEMENT 2 L1 X20 UT_lA D.B. 2484, PG. 606 ��111 I I I r 11 EXISTING 25' WIDE NON-EXCLUSIVE ACCESS 2 O \ s (TRACT 2) I ��•� �,� CAI�C•,, EASEMENT FOR INGRESS, EGRESS \ F+r5Sjp EASEMENT PER DP.B. AND LITY 20 78 P. G 68 \\ �� 7 �: •'� �,-9 • -= \ .9 �/�. START UT -1A 9 \ % STA 0+00 WIN START UT -1B BEGIN RESTORATION SEAL r \ sTAo+oo r L-4194 � - r _ WILLIAMSON \ \ s BEGIN RESTORATION p c ;' 94'z' O • ¢ D.B. 752, PG. 265 f�f! SHL EY RSO \ N50°33'33°w \ ACCESS EASEMENT 1 I,�1j11 I I I i 11��� 663.89' \ s EXISTING 10' WIDE NON-EXCLUSIVE ACCESS (TIE DOWN) \ EASEMENT FOR INGRESS, EGRESS 7 & REGRESS AND FUTURE UTILITY 0 50 100 200 EIP(io6 TO \ \ M�O� L17 EASEMENT PER P.B. 78, PG. 68 mmmml TO 0) \ \r N48°07'59"W 9 7 R 9.T o n E U N 6 0 3 U = Z r N a) 60 cor co o 6 E Q 0 / of no .U) � 1 N m C M W10 cr 2IN(0 �<L) 3:z w0 Eu).2)c,j 2c0 N 6 QNof0) c E 0 w E 0 a Z U 0- J w 'o H NNN Qy � wwZ »_ 0 W = N w I.— o a N w) W >- w co) - Q Y Z Y.Z wQ Ny Lu m 3 c OO c U = Q o U o E �Q J Q m Q <� Q 0 w w U DRAWN BY: FGR DATE: 05/25/18 SURVEYED BY: J.A.R. DWG. NO. RSS145RB18 SHEET 4OF5 CONSTRUCTION LEGEND: RESTORED STREAM CHANNEL IV ORIGIN POINT ON CVS PLOTS ElCVS PLOTS RIPARIAN BUFFER RESTORATION AREA (TOB - 100FT) = 4.52 AC. (196,725.78 SQ. FT.) NUTRIENT OFFSET CREDIT AREA (101-200FT) = 0.22 AC. (9769.53 SQ. FT.) RIPARIAN BUFFER ENHANCEMENT VIA o CATTLE EXCLUSION (TOB - 100FT) o = 1.74 AC. (75,686.90 SQ. FT) C) z WETLAND MITIGATION CREDITAREA= 0.09AC CONSTRUCTED BMP FOOTPRIINT (NO CREDIT) = 0.02 AC. CONSERVATION EASEMENT LINE ACCESS EASEMENT 3 � EXISTING 30' WIDE NON-EXCLUSIVE ACCESS z DISTANCES FROM TOB EASEMENT FOR INGRESS, EGRESS & REGRESS AND UTILITY EASEMENT o9 PER P.B. 78, PG. 68 CEDAR POST 4 START UT -2 i '� STA 0+00 2� (START AT 18" CMP) i BEGIN RESTORATION 23g 3 WN) \ PIPED PERMANENT ((REDO \ \ CROSSING WITH EIP \ !g i ISS t)z (2) 18" CMP g�5°3i i � iio \ \!9j iii 312. wNi \ Os \ ROCK IT�EDO c5` 9 � NC GRID COORDINATE ,`O� N=811, 625.0301' E=1,906,698.9048' O L10 GRID TO GROUND FACTOR ��� 1.0000s9oss � �o END UT -1A RESTORATION C 17 STA 3+01.99 z END UT -1 B RESTORATION r STA 1+93.87 SECTION "A" 3 L 12 START UT -1 m 4.20 ACRES± BY / 3 STA 3+01.99 O COORDINATE 202L21 6 3 BEGIN RESTORATION COMPUTATION 1 -ORATION21 L3 4 O PIPED PERMANENT L14 LL CROSSING WITH 0 UT. j 0LL 5 (2) 30" CMP 0 L46 \ ! s (3i \ P.B. 71, PG. 139 WILLIAMSON ACCESS EASEMENT 2 L1 X20 UT_lA D.B. 2484, PG. 606 ��111 I I I r 11 EXISTING 25' WIDE NON-EXCLUSIVE ACCESS 2 O \ s (TRACT 2) I ��•� �,� CAI�C•,, EASEMENT FOR INGRESS, EGRESS \ F+r5Sjp EASEMENT PER DP.B. AND LITY 20 78 P. G 68 \\ �� 7 �: •'� �,-9 • -= \ .9 �/�. START UT -1A 9 \ % STA 0+00 WIN START UT -1B BEGIN RESTORATION SEAL r \ sTAo+oo r L-4194 � - r _ WILLIAMSON \ \ s BEGIN RESTORATION p c ;' 94'z' O • ¢ D.B. 752, PG. 265 f�f! SHL EY RSO \ N50°33'33°w \ ACCESS EASEMENT 1 I,�1j11 I I I i 11��� 663.89' \ s EXISTING 10' WIDE NON-EXCLUSIVE ACCESS (TIE DOWN) \ EASEMENT FOR INGRESS, EGRESS 7 & REGRESS AND FUTURE UTILITY 0 50 100 200 EIP(io6 TO \ \ M�O� L17 EASEMENT PER P.B. 78, PG. 68 mmmml TO 0) \ \r N48°07'59"W 9 7 R 9.T o n E U N 6 0 3 U = Z r N a) 60 cor co o 6 E Q 0 / of no .U) � 1 N m C M W10 cr 2IN(0 �<L) 3:z w0 Eu).2)c,j 2c0 N 6 QNof0) c E 0 w E 0 a Z U 0- J w 'o H NNN Qy � wwZ »_ 0 W = N w I.— o a N w) W >- w co) - Q Y Z Y.Z wQ Ny Lu m 3 c OO c U = Q o U o E �Q J Q m Q <� Q 0 w w U DRAWN BY: FGR DATE: 05/25/18 SURVEYED BY: J.A.R. DWG. NO. RSS145RB18 SHEET 4OF5 CONSTRUCTION LEGEND: PLANTING SCHEDULE ALL PLANTS WERE PLANTED BETWEEN 12/20/17 THROUGH 12/22/17 Orphan Creek RESTORED STREAM CHANNEL ® ORIGIN POINT ON CVS PLOTS MCVS PLOTS SSA PLANTED AREA CONSERVATION EASEMENT LINE PLANTING SCHEDULE ALL PLANTS WERE PLANTED BETWEEN 12/20/17 THROUGH 12/22/17 Orphan Creek PLMAF DMflHF NN SSA +® EIS Specd Planted Specd Purchased Specd Planted Specd Planted Specd Planted zpl 3 \ 14 / \ PS BR 231 0 (Il D.B. 2093, PG. 12 \ \ / C) PB. 7175G. 139 WILLIAMSON \ EIP f D.B. 2464, PG. 696 (TRACT2) G 325 \ 3 \ O �3e O EiP 231 PS BR D.B. 2093, PG. 12 483 V \ 136 LOMAN e D.B. 3457, PG. 0 \ \ aO \ 0 G (�,\ \ G \ PB. 71, PG 139 \ WILLIAMSON L49 'G D.B.(TRAOT 2)606 I55 27 L32 G \ O 200 27 G 28 \ V6 102 350 UT -1 O O O L23 L22 G O O L3 � O 35U L46 «. WILLIAMSON \ Q eiw D.B. 1446, PG. 278 (TRACT 3) 20 WILLIAMSON O.B. 752, PG. 255 Cornus amomum CARO '••, 250 OEPJ 20 50 = �a 0``�55j°ti'°'�'y 9 Q 450 1197 = SEAL r° \ L-4194 68 0 n' •. sup, o�L� RJ,�'\" 68 0 I��(1li1141t�s, 0 100 200 400 0 1 "= 200' PLANTING SCHEDULE ALL PLANTS WERE PLANTED BETWEEN 12/20/17 THROUGH 12/22/17 Orphan Creek PLMAF DMflHF IVITW SSA Total Specd Planted Specd Purchased Specd Planted Specd Planted Specd Planted Alnusserrulata 14 0 231 0 245 0 Betula nigra 252 325 231 325 483 650 Carpinuscaroliniana 136 0 136 0 Cephalanthus occidentalis 27 50 200 27 250 Cercis canadensis 102 350 102 35U Clethra alnifolia 20 0 20 0 Cornus amomum 252 250 20 50 925 450 1197 750 Diosypros virginiana 1 68 0 68 0 Fraxinus americana 34 0 34 0 From nus pe n nsylvan ica 503 550 925 1000 1428 1550 Vaccinium corymboSum 14 0 14 0 Liriodendren tulipifera 252 225 252 225 Platanus occidentalis 503 500 925 1000 1428 1500 Nyssa Sylvatica var_ sylvatica 102 250 1-02 250 Quercus nigra 377 300 136 0 462 400 975 700 Quercus phellas 377 400 102 10D 462 5D0 941 1000 Salix nigra 462 506 462 500 Sambucus canadensIs 27 50 1 250 1 27 300 Viburnum nudum 14❑ 14 0 2516 2550 GOD 700 136 150 4623 4625 1 7955 8025 (PLANTING SCHEDULE PROVIDED BY AXIOM ENVIRONMENTAL) ®DAR POST / E® IN, G / 28 Al ROCK/ / It\E 00 IN, IN, \tisio oo, F 6 A98 Oj \EIP .f s 03 P.B. 71, PG. 139 WILLIAMSON / \ UI-�IA O D.B. 2484, PG. 606 1 (TRACT2) / \Ie ^ l O \ ohry/ O �, \ a II R^D�O (,1 13 RE, P B. 77, PG. 312 N50°9663360' 11 (11 (TIE DOWN) \ ` PB, 71, PG. 139 EIP®o To \ Li7 / PHIL ROOK D.B. 3511, PG. 883 \ v� IN, / N41°52'01"E IGG 66.39' \ (TIE DOWN) Z® W '� ------ �(TIE DOWN) (n C r 111 M C N 0 U "O O = Z 0 N O a9 O @�` N p C NLf) .N V r` DDD °oi- E 0 UC Si (7 rn Y Li Q 0 / 000 0)01 aa) 0 C (O -'D N DO �Q U I=3Z w 0 Lh E!n mN xO_ ooT C6 W 2 O C W xE O tim U `L Yfl Z Z LLJ > Q 30 0 J U Z � o Z0 �U ( Q O o m Z E f6Z O � � M Q Q Q 0 DRAWN BY: ~ FGR DATE: 05/25/18 SURVEYED BY: J.A.R. DWG. NO. RSS145RB18 SHEET 5OF5 Orphan Creek Bank Parcel Baseline Document and Asbuilt Report Appendices Phase One Haw River WS Umbrella Bank Restoration Systems, LLC Appendix B. Vegetation Data Table 2. Planted Woody Vegetation Table 3. Total Planted Stems by Plot and Species Vegetation Plot Photographs Orphan Creek Bank Parcel Baseline Document and Asbuilt Report Appendices Phase One Haw River WS Umbrella Bank Restoration Systems, LLC Table 2. Planted Bare Root Woody Vegetation Species Quantity River birch (Betula nigra) 650 Buttonbush (Cephalanthus occidentalis) 250 Eastern redbud (Cercis canadensis) 350 Silky dogwood (Cornus amomum) 750 Green ash (Fraxinus pennsylvanica) 1550 Tulip poplar (Liriodendron tulipifera) 225 Sycamore (Platanus occidentalis) 1500 Black gum (Nyssa sylvatica var. sylvatica) 250 Water oak (Quercus nigra) 700 Willow oak (Quercus phellos) 1000 Black willow (Salix nigra) 500 Elderberry (Sambucus canadensis) 300 TOTAL 8025 Table 3. Planted Stems by Plot and Species Species CommonName Total Planted Stems* # plots avg# stems 1 2 3 4 5 6 7 Betula nigra river birch 10 3 3.33 1 3 6 Carpinus caroliniana American hornbeam 13 4 3.25 3 4 4 2 Cercis canadensis eastern redbud 3 2 1.5 2 1 Cornus amomum silky dogwood 28 5 5.6 1 8 5 12 2 Fraxinus pennsylvanica green ash 27 7 3.86 5 7 3 1 4 4 3 Liriodendron tulipifera tuliptree 5 2 2.5 1 4 Nyssa tupelo 2 2 1 1 1 Nyssa sylvatica blackgum 7 4 1.75 1 2 2 2 Platanus occidentalis American sycamore 20 6 3.33 2 2 1 11 2 2 Platanus occidentalis var. occidentalis Sycamore 1 1 1 1 Quercus oak 11 5 2.2 3 3 2 1 2 Quercus alba white oak 1 1 1 1 Quercus nigra water oak 6 4 1.5 2 2 1 1 Quercus pagoda cherrybark oak 10 4 2.5 1 3 2 4 Quercus phellos willow oak 15 7 2.14 4 2 3 1 1 3 1 Quercus shumardii Shumard's oak 1 1 1 1 Sambucus canadensis Common Elderberry 6 2 3 5 1 Unknown 2 1 2 2 18 17 168 18 25 25 23 26 28 23 18 Stems per Acre 1012 1012 931 1053 1134 931 729 Total Stems per Acre 971 * All stems reported are planted bare root stems, no livestakes occur within the plots. Orphan Creek Bank Parcel Baseline Document and Asbuilt Report Appendices Phase One Haw River WS Umbrella Bank Restoration Systems, LLC Orphan Creek Baseline Vegetation Monitoring Photographs Taken January 2018 Plot 1 Plot 4 Plot 3 Plot 2 Plot 5 Plot 6 Plot 7 Orphan Creek Bank Parcel Baseline Document and Asbuilt Report Appendices Phase One Haw River WS Umbrella Bank Restoration Systems, LLC Appendix C: NC DWR Stream Determination Water Resources ENVIRONMENTAL QUALITY July 18, 2017 Raymond Holz Restoration Systems, LLC 1101 Haynes St., Suite 211 Raleigh, NC 27607 (via electronic mail) ROY COOPER MICHAEL S. REGAN S. JAY ZIMMERMAN Ujrec[gl Re: Site Viability for Buffer Mitigation and Nutrient Offset & Buffer Subjectivity Determination Orphan Creek Mitigation Site Near 4823 Salem Church Rd, Haw River, NC Alamance County Dear Mr. Holz, On May 31, 2017, Katie Merritt, with the Division of Water Resources (DWR), received a request from Restoration Systems, LLC (RS) for a site visit near the above -referenced site in the Cape Fear River Basin within the Haw River Sub -Watershed of Jordan Lake. This site visit was to determine the potential for riparian buffer mitigation and nutrient offset. On June 13, 2017, Ms. Merritt performed a site assessment of the subject site which is more accurately depicted on the attached map labeled, "Historic Conditions Plan View". This site is also being proposed as a stream restoration site by RS and is described in more detail in the attached map labeled, "Restoration Plan". At the request of RS, this mitigation determination is assessed using the proposed stream restoration plan that has been submitted to the Interagency Review Team (IRT) for review and approval as the Benton Branch Stream Mitigation Site. If the proposed Restoration Plan changes in any way from what is shown on the attached Restoration Plan Map, or the stream channels labeled as "not assessed" in the table below do not develop into intermittent or perennial streams as determined by DWR, this viability letter will be subject to change. Ms. Merritt's evaluation of the features and their associated mitigation determination for the riparian areas are provided in the table below. The evaluation was made from Top of Bank (TOB) out to 200' from each existing or proposed feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. Feature Classification 1Subiect Riparian Land uses of Buffer 2Nutrient Offset Mitigation Type Determination w/in riparian onsite to Buffer Feature onsite Credit Credit Viable at areas Rule Viable 2,273 lbs/acre 0-200' UT -1A Stream No Non -forested pasture Yes Yes (non- Non -forested pasture — Restoration site per (stream origin grazed by cattle with a forested pasture 15A NCAC 02B .0295 (o)(3) begins at narrow forested fringe only) Narrow forested fringe — Enhancement Site DWR flag per 15A NCAC 02B .0295 (o)(6) Below wetland) To be viable for buffer and nutrient offset the conveyance/ditch draining to UT -IA below the wetland area must be filled, graded and stabilized to maintain diffuse flow or planted as part of the restoration plan. State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 Orphan Creek Site Restoration Systems, LLC July 18, 2017 Feature Classification 1Subiect Riparian Land uses of Buffer 2Nutrient Offset Mitigation Type Determination w/in riparian onsite to Buffer Feature onsite Credit Credit Viable at areas Rule Viable 2,273 lbs/acre 0-200' UT -113 Stream Yes Non -forested pasture Yes Yes (non- Non -forested pasture — Restoration site per (stream origin grazed by cattle with a forested pasture 15A NCAC 0213 .0295 (o)(n) begins at narrow forested fringe only) Forested fringe - Enhancement Site per 15A DWR flag) NCAC 02B.0295 (o)(6) UT -1 Stream Yes Non -forested pasture Yes Yes (non- Non -forested pasture — Restoration site per (origin begins grazed by cattle with a forested pasture 15A NCAC 026 .0295 (o)(n) at UT -IA & narrow forested fringe only) Forested fringe - Enhancement Site per 15A UT -IB NCAC 02B .0295 (o)(6) confluence) UT -2 Stream No Non -forested pasture Yes Yes (non- Non -forested pasture— Restoration site per (origin at grazed by cattle with a forested pasture 15A NCAC 02B.0295 (o)(3) easement narrow forested fringe only) Forested pasture - Enhancement Site per 15A boundary) NCAC 02B .0295 (o)(6) UT -3 Stream Yes Mixture of non -forested Yes Yes (non- Non -forested pasture — Restoration site per (origin beings and forested pasture forested pasture 15A NCAC 02B.0295 (o)(n) At fence line) grazed by cattle only) Forested pasture — Enhancement Site per 15A NCAC 02B.0295 (o)(6) Feature Ephemeral No Non -forested pasture Yes Yes Restoration Site per 15A NCAC 02B .0295 4 Channel grazed by cattle (o)(7) (see map) pending all documentation is provided to comply with all of item (7) 'Subjectivity calls for the features were determined by DWR onsite 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. 2 NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment Maps that are attached to this letter were provided by RS and were initialed by Ms. Merritt on July 18, 2017. This letter should be provided in all stream, wetland, buffer and/or nutrient offset mitigation plans for this Site. This letter does not constitute an approval of this site to generate 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. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any mitigation activities in riparian areas and/or surface waters. 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 and/or nutrient offset mitigation credits. For any areas depicted as not being viable for nutrient offset credit above, one could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset in accordance with 15A NCAC 02B .0240. Page 213 Orphan Creek Site Restoration Systems, LLC July 18, 2017 This viability assessment will expire on July 18, 2019 or upon the submittal of an As -Built Report to the DWR, whichever comes first. Please contact Katie Merritt at (919)-807-6371 if you have any questions regarding this correspondence. Sincerely, Karen Higgins, Supervisor 401 and Buffer Permitting Branch KAH/km Attachments: Historic Conditions Map, Restoration Plan Map cc: File Copy (Katie Merritt) Page 313 WriN .l .e J /" r •� y AAA Axiom EnVMGMMmat, tet. Alf, 1 '�- � Prepared for. S t f f r UI-1Not depicted on 1 �i 1�sep i r f,h USGS quad or NRCS J , �r a e fb�*4'd > w ✓ J l ' f. Soil Survey) {, �� E - t , a' e4 Project: • s• AeI/r i T1 1p rJ y° s1 p�ryj . d rt •� it •cqa' ii ORPHAN CREEK �� '• Form 1 er• °�� �`;� BANK PARCEL 4 °° Score 25.5 `'1 !is .9 K. •a _moi' .. y y ,tlj;. ,r. _ „ �'•_ Alamance County, NC Farm 2 t ♦`' Score 29.5 , J 1' rua: HISTORIC UT-2 (Not depicted on CONDITIONS • M#'��<"' USGS quad or NRCS PLAN VIEW f Jrfih t 11�t,! w+,e Soil Survey) UT-1A Not depicted on a•m� Y+t: e • - �` •w•. � USGS quad or NRCS Soil Survey) Notes: e 8oda�lmageryi201 phWpiphyP • �s +' 4 U -1 C /'� ! prowdad by the NC OneMap Ao (omm proNdad by NC the NC , Geographic Co Imormabon CoordmaCon Council) iQ a� ^• ,��``I Form 3 *^ - �— 1111 Sc— 39.5 t� UT-18 J• ,'r jr Drawn by: KRJ •�L Date: SEPT 2016 Legend : Conservation Easement = 7.01 ac scalet2000 Project No.: 16-000 Historic Perennial Stream Alignment = 1840 fl ; 17 Historic Intermittent Stream Alignment = 828 ft _ Historic Wetlands = 0.12 ac - FIGURE Historic Riparian Buffer= 1.99 ac r {T NCDWR Stream Identification Fortes , w \ ` (� 0 250 500 1,000 • NCCGIA 3•44@y t� ii� 41 �j f t , Z " " • • • A— E ­ *d, Inc. b , '�•` Fi• i �y(�p�' � Prepared for �1•r',,, j I l'A, urs Project: ti ORPHAN CREEK J r/r ,J BANK PARCEL Alamance County, NC Title: • UT.2 •�� RESTORATION e PLAN A .,.*F Notes _.`'-• .A A a3�' ft J4 - '� UT -1A t.okg,� �Im.geryso�rc.- ^.® £ 2014 I phobgrephy UT -1 }OA@@ �q 1 pm9iam ..q.p PoHded by - ''� �k � NC Geographic InbrmeEon C...di Eon Coundl) t" t Y a U 1 • ` ' f I' �, r T .. Drawn by: KRJ r. l Date: SEPT 2016 1 Scale: 1:2000 Legend Project No.: 16-017 Conservation Easement = 7.01 ac Restored Stream Channel = 0.43 ac ' FIGURE Planting Plan = 6.45 ac ® Constructed BMP Footprint = 0.02 ac 0 250 500 Feet ■w aaase. �.•s _, .r. ua. 71 '� I Orphan Creek Bank Parcel Baseline Document and Asbuilt Report Appendices Phase One Haw River WS Umbrella Bank Restoration Systems, LLC Appendix D: Conservation Easement RESTORATION SYSTEMS PILOT MILL 1101 HAYNES STREET STE 211 RALEIGH, NC 27604 STATE OF NORTH CAROLINA COUNTY OF ALAMANCE FILED ALAMANCE COUNTY, NC HUGH WEBSTER REGISTER OF DEEDS FILED Sep 06, 2017 AT 12:51:08 pm BOOK 03695 START PAGE 0754 END PAGE 0773 INSTRUMENT # 37911 EXCISE TAX (None) DF ASSIGNMENT OF CONSERVATION EASEMENT THIS ASSIGNMENT OF CONSERVATION EASEMENT (hereinafter referred to as "Assignment") made this --V day of20 /7 by and between RESTORATION SYSTEMS, LLC, a North Carolina limited liability company (hereinafter referred to as "Assignor"), and NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, INC., a North Carolina not for profit corporation (hereinafter referred to as "Assignee"). The designation Assignor and Assignee 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, the Assignor is a limited liability company with a purpose to conserve of property and which is also qualified to be the holder of a conservation easement pursuant to N.C. Gen. Stat. §121-34 et. se . and Internal Revenue Code § 170(h); WHEREAS, the Assignee is a nonprofit corporation, operated primarily for conservation purposes, including protection of environmentally valuable and sensitive land for charitable, scientific, educational, and aesthetic purposes and which is qualified to be the grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121-34 et. sec.. and Internal Revenue Code § 170(h); WHEREAS, the Assignor acquired a conservation easement, a true copy of which is attached hereto and incorporated herein as Exhibit A, by instrument recorded in Book 3593, Page 888, Alamance County Registry, on October 18, 2016 (the "Conservation Easement") and duly amended on August 9, 2017 by instrument recorded in Book 3693, Page 393 on certain lands owned by Jerry D. Williamson (a/k/a Jerry Darrell Williamson) and wife Elaine K. Williamson, located in Thompson Township, Alamance County, North Carolina, being hereinafter referred to as the "Easement Area" and being more particularly described on Exhibit A in the Conservation Easement; WHEREAS, the Conservation Easement provides in Article VI(c) that it may be assigned to a qualified holder provided that the assignee be required to continue in perpetuity the conservation purposes set forth in that instrument; WHEREAS, the Assignor wishes to assign and transfer to the Assignee all of its rights, duties, obligations, and interests in the Conservation Easement and the Assignee wishes to accept such assignment and all of the rights, duties, obligations, and interests set forth in such Conservation Easement; and WHEREAS, the assignment set forth in this instrument has as its primary purpose the preservation of the Property and the furtherance of mitigation banking and restoration activities on the easement property, and these activities are intended to compensate for unavoidable stream and or/wetlands impacts authorized by permits issued by the Department of the Army. NOW, THEREFORE, for and in consideration of the sum of One Hundred Dollars and 00/100 ($100.00) and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Assignor hereby unconditionally and irrevocably assigns, transfers, and conveys unto Assignee, its heirs, successors and assigns, forever and in perpetuity the Conservation Easement of the nature and character and to the extent set forth and described in Exhibit A, together with the right to preserve and protect the conservation values thereof, and the Assignee hereby accepts this Assignment of Conservation Easement, represents and warrants that it is a qualified holder of the Conservation Easement pursuant to N.C. Gen. Stat. § 121-34 et. se . and Internal Revenue Code § 170(h) and covenants and agrees to continue in perpetuity the conservation purposes set forth in such Conservation Easement and otherwise be bound by the terms thereof. IN TESTIMONY WHEREOF, Assignor and Assignee have hereunto set their hands and seals, on the day and year first above written. ASSIGNOR: RESTORATION SYSTEMS, LLC By: le: 14 ASSIGNEE: NORTH CAROLINA WILDLIFE HABITAT F NDAT N, INC. By: Name: Title: C a T [Notary Acknowledgment Page to follow] ASSIGNMENT OF CONSERVATION EASEMENT NOTARY ACKNOWLEDGMENT PAGE STATE OF NORTH CAROLINA COUNTY OF Wct k e— I certify that the following person personally appeared before me this day, acknowledging to me that he or she signed the foregoing document as th duly authorized signatory for RESTORATION SYSTEMS, LLC: 'Soh A f �e)te WITNESS my hand and official seal, this day of , 20jj. ```t%%101111/144/ (Official Seal) ��� w 4CA/y .� O� apT Ry 'O1161.�G V. 15.201 STATE OF NORTH CAROLINA COUNTY OF Wake - 4 otary's Offici ignature t v �a� Notary's Printed or Typed Name r My Commission Expires: f I I 15 —?— I certify that the following person personally appeared before me this day, acknowledging to me that he or she signed the foregoing document as the duly authorized signatory for NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, INC.: G1 -eq oto/ WITNESS my hand and official seal, this —L )_ day of i (Official Seal)���0��j��� pUBVP U 20f-7 Notary's Printed or Typed Name My Commission Expires: I r - , s — e 11 EXHIBIT A CONSERVATION EASEMENT AND AMENDMENT FILED ALAMANCE COUNTY, NC HUGH WEBSTER REGISTER OF DEEDS FILED Oct 18, 2016 AT 11:00:37 am BOOK 03593 START PAGE 0888 END PAGE 0898 INSTRUMENT # 18199 Excise Tax: $200.00 EXCISE TAX $200.00 DF Drafted by and return to: Schell Bray PLLC 100 Europa Drive, Suite 271 e_ Chapel Hill, NC 27514 STATE OF NORTH CAROLINA PERMANENT CONSERVATION EASEMENT COUNTY OF ALAMANCE THIS PERMANENT CONSERVATION EASEMENT ("Conservation Easement') made this 18`h day of October, 2016 by and between JERRY D. WILLIAMSON (a/k/a/ Jerry Darrell Williamson) and wife, ELAINE K. WILLIAMSON ("Grantor") and RESTORATION SYSTEMS, LLC, a North Carolina limited liability company ("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 Thompson Township, Alamance County, North Carolina, more particularly described as the Conservation Easement Area in Exhibit A attached hereto and incorporated herein ("Property"); and WHEREAS, Grantor and Grantee desire to facilitate the establishment of an environmental mitigation bank on the Property as more particularly described herein; and 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 of such restoration and mitigation, Grantee will assign this Conservation Easement to a non-profit corporation or trust whose purpose is the conservation of property and k\e which is qualified to be the grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121- 34 et. se . and Internal Revenue Code §170(h); and WHEREAS, the preservation of the Property is required and governed by Grantee's Cape Fear Umbrella 02 Umbrella Mitigation Bank (the "Mitigation Banking Instrument") filed, or to be filed with the North Carolina Division of Water Resources ("DWR"); and WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by the U.S. Army Corps of Engineers, Wilmington District ("Corps" and including any successor agencies) and DWR 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. Industrial, 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. E. Ve etg ation. There shall be no removal, buming, 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. 1. Excavation Dredaim 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, except to restore natural topography or drainage patterns. J. Water Quality 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. 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 RESERVED RIGHTS The Grantor expressly reserves for itself, and its 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 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 wetland and stream mitigation on the Property, in accordance with the detailed mitigation plan approved in accordance with the Mitigation Banking Instrument. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, and the Corps and DWR shall have the right to enter the Property at all reasonable rimes for the purpose of inspecting the Property to determine if the Grantor, or its 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. The Corps 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 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 of such transfer at least sixty (60) 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 the Corps and DWR. 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 Aereement 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. 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: Jerry D. Williamson and wife, Elaine K. Williamson 4819 Salem Church Rd. Haw River, NC 27258 To Grantee: Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh, North Carolina 27604 To the Corps: U.S. Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 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 in accordance with an appropriate proceeding in a court of competent jurisdiction. K. Amendment. This Conservation Easement may be amended, but only in a 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 Appendix B of the Mitigation Plan, to be prepared by GrantorUpon completion, Grantee shall provide a copy of the Mitigation Plan to Grantor, to 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. [signatures continued on the following page] IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. (;L) Jerry . Williamson (a/k/a Jerry Darrell Williamson) l`/2« cell �1a�z, AL) Elaine K. Williamson NORTH CAROLINA COUNTY OF-_ L..Q Ila Notary Public in and for the County and State aforesaid, do hereby certify that Jerry D. Williamson (a/k/a Jerry Darrell Williamson, and wife, Elaine K. Williamson 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 the iLth day of October, 2016. 177 No BATTEN Notary Public Y PUBLIC GUILFORD COUNTY. NO ,q. ,,,rr,. I(1r hnU06 i o- lJ,�,,�� My commission expires: /o - I/- 9--ol8 IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day and year first above written. Re oratio Syst LLC: By: a e: T s: ncs NORTH CAROLINA COUNTY OF /MCX I, Tfff&VI 10W , a Notar Public in and for the County and State aforesaid, do hereby certify that WA on behalf of Grantee, personally appeared before me this day and Icknowledged the execution of the foregoing instrument in the capacity above indicated. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the _"' day of October, 2016. V�r0%�. Nota ublic Notory PubliC My commission expires: = woke County /,���'OjH CAR�����. EXHIBIT "A" CONSERVATION EASEMENT OF THE ORPHAN CREEK MITIGATION BANK SITE All of the Conservation Easement Sections "A," "B" and "C" of the Orphan Creek Mitigation Bank Site, lying and being situated in Thompson Township, Alamance County, North Carolina and particularly described on that certain plat of survey entitled " Conservation Easement Survey for Restoration Systems, LLC of the Orphan Creek Mitigation Bank, dated July 16, 2015 by K2 Design Group, bearing the seal of John Rudolph P.L.S. # 1-4194 and recorded in Plat Book 1,, Page c,8 Alamance County Registry (the "Survey"). (all distances are ground distances unless otherwise noted): Section "A" Beginning at an iron stake (Point of Beginning) labeled as Point No. 8 and being the Northern most corner of the Conservation Easement Section A and being located North 57°46'59" West 199.95 feet from a chiseled "x" in a rock (Point No. 111) with N.C. Grid Coordinates N=811,625.0301', E=1,906,698.9048' (NAD '83, 2011). Thence from the Point of Beginning (Point No. 8), South 49°09'15" East 124.25' to an iron stake; thence South 51°38'54" West 122.84' to an iron stake; thence South 18°25125" East 12.52' to an iron stake; thence South 70°44'05" East 125.17' to an iron stake; thence South 75°44'25" East 120.92' to an iron stake; thence South 78004144" East 112.27to an iron stake; thence South 84°10'26" East 220.37' to an iron stake; thence South 49°31'22" East 116.81' to an iron stake; thence South 43100'23" West 243.69' to an iron stake; thence North 85°11'31" West 58.31' to an iron stake; thence North 50°57'50" West 153.47' to an iron stake; thence North 37°09'47" West 72.16' to an iron stake; thence North 77°30'08" West 133.58' to an iron stake; thence South 86°29'08" West 86.57' to an iron stake; thence North 68°25'39" West 268.28' to an iron stake; thence North 81°34'56" West 81.16' to an iron stake; thence North 22°54'40" West 155.39' to an iron stake; thence South 89°44'58" East 175.70' to an iron stake; thence North 56°28'25" East 151.60' to an iron stake; thence North 60°50'09" East 42.63' to an iron stake, which is the Point of Beginning (Point No. 8), having an area of 4.20 acres. Section `B" Beginning at an iron stake (Point of Beginning) labeled as Point No. 21 and being the Western most corner of the Conservation Easement Section B and being located South 73°38'38" West 495.48 feet from a chiseled "x" in a rock (Point No. 111) with N.C. Grid Coordinates N=811,625.0301', E=1,906,698.9048' (NAD '83, 2011). Thence from the Point of Beginning (Point No. 21), North 86°00'04" West 150.22' to an iron stake; thence North 87036'42" West 188.82' to an iron stake; thence South 85°58'57" West 97.03' to an iron stake; thence North 67°42'04" West 85.29' to an iron stake; thence North 13014'28" East 116.39' to an iron stake; thence South 71°12'00" East 66.04' to an iron stake; thence North 799719" East 123.03' to an iron stake; thence North 39°54'24" East 11.52' to an iron stake; thence South 839756" East 140.85' to an iron stake; thence South 84°09'16" East 97.41' to an iron stake; thence South 22°54'40" East 153.48' to an iron stake, which is the Point of Beginning (Point No. 21), having an area of 1.48 acres. 493350 Section "C" Beginning at an iron stake (Point of Beginning) labeled as Point No. 39 and being the Western most corner of the Conservation Easement Section C and being located North 49°09'15" West 509.91 feet from a chiseled "x" in a rock (Point No. 111) with N.C. Grid Coordinates N=811,625.0301', E=1,906,698.9048' (NAD '83, 2011). Thence from the Point of Beginning (Point No. 39), South 54°31'44" West 153.61' to an iron stake; thence South 38°02'36" West 73.99' to an iron stake; thence South 38°02'36" West 59.26' to an iron stake; thence South 18°52'16" West 108.77' to an iron stake; thence North 83°37'56" West 140.37to an iron stake; thence North 29°03'27" East 56.84' to an iron stake; thence North 11°01'32" East 65.04' to an iron stake; thence North 28°34'22" East 126.85' to an iron stake; thence North 44°52'48" East 88.79' to an iron stake; thence North 56021128" East 81.23' to an iron stake; thence North 59°23'01" East 63.16' to an iron stake; thence South 49006132" East 75.65' to an iron stake; thence South 49109'15" East 52.05' to an iron stake, which is the Point of Beginning (Point No. 39), having an area of 1.33 acres. ALL TOGETHER WITH those certain non-exclusive access easements for ingress, egress and future utility purposes identified as Access Easements "1," "2," "3," and "4" as shown on the Survey. 493350 FILED ALAMANCE COUNTY, NC HUGH WEBSTER REGISTER OF DEEDS FILED Aug 30, 2017 AT 08:47:57 am BOOK 03693 START PAGE 0393 END PAGE 0396 INSTRUMENT # 37460 EXCISE TAX (None) DF STATE OF NORTH CAROLINA AMENDMENT TO CONSERVATION EASEMENT COUNTY 0I= ALAMANCE THIS AMENDMENT TO CONSERVATION EASEMENT ("Amendment") is made and entered into this�— day of �� 2017 by and between Jerry D. Williamson (a/k/a Jerry Darrell Williamson) and wife Elaine K. Williamson (collectively "Grantors") and RESTORATION SYSTEMS, LLC, a North Carolina limited liability company ("Grantee"). WHEREAS, Grantors conveyed to Grantee on October 18, 2016 a permanent conservation easement ("Conservation Easement") over certain real property lying and being in Thompson Township, Alamance County, North Carolina and recorded in the Alamance County real property records at Book 3593 Page 888, and WHEREAS Grantors and Grantee wish to amend the Conservation Easement to include additional rights, duties, and obligations set forth below while preserving the Conservation Easement in its entirety. NOW THEREFORE in consideration of the mutual promises, covenants, and agreements by and between the Parties, made in this Amendment and otherwise, the receipt and sufficiency of which each Party hereby acknowledges, including the payment of One Hundred and 00/100 Dollars ($100.00) to Grantors by Grantee on this date, Grantors and Grantee hereby agree to amend the Conservation Easement as follows: Article 11 of the Conservation Easement is hereby amended to include the following additional Subparagraph: M Fencing Following the conclusion of mitigation bank site ivork as set forth in the bank site mitigation plan and Mitigation Banking Instrument ern file with Corps and DWR, all maintenance and replacement responsibilities with respect to fencing and other boundary identification. with the exception of signage, on the Property shall be the sole responsibility of the Grantor, in perpetuity, RESTORATION SYSTEMS, LLC 1101 HAYNES STREET PILOT MILL STE 211 RALEIGH, NC 27604 Grantors and Grantee affirm that all other provisions of the Conservation Easement not modified by this Amendment shall remain unchanged and in full force and effect. Grantors and Grantee intend that no other amendments be made to the Conservation Easement as of this date save for those set forth in this Amendment. TO f PAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purpose. [signatures continued on the following page] 2 IN TESTIMONY WHEREOF, Grantors have hereunto set their hand and seal, on the day and year first above written. ,__(SEAL) J10�h 17 A.erry illiamson •laine K. Williamson NORTH CAROLINA COUNTY OF jC. W%C- 1c4 1, 7:L I% n D 9n a Notary Public in and for the County and State aforesaid, do hereby certify that Jerry D. Willia�Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the 4 day of &a, _ r J-- .2017. Public My commission expires: NORTH CAROLINA COUNTY OF Mik-sr, &4,�— I, —1 ,, a Notary Public in and for the County and State aforesaid, do hereby certify that Elaine K. Williamsoh,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 the --9— day of • ?017. Jo7tary Public My commission expires: )I - 15• -?1 IN TESTIMONY WHEREOF, the Grantee has hereunto set its hand and seal, on the day and year first above written. ,%111110001. ��•� O\)NCA& ssioq p ,OTgq�. -%800 401i'r$ colj :`�. NORTH CAROLINA COUNTY OF RESTORATION SYSTEMS, LLC ot. Pres is e,i f - duly -authorized far Grante a Notary Public in and for the County and State aforesaid, do hereby certify that�it'' of Grantee, personally appeared before me this day and acknowl ged the execution of the foregoing instrument as duly -authorized signatory for Restoration Systems, LLC. WITNESS WHEREOF, I have hereunto set my .1... .2017. / otary Public My commission expires: 11-15-7 4 and Notary Seal this the 1— day of Orphan Creek Bank Parcel Baseline Document and Asbuilt Report Appendices Phase One Haw River WS Umbrella Bank Restoration Systems, LLC Appendix E: Financial Assurances PERFORMANCE BOND The Hartford, Bond, T-4 One Hartford Plaza, Hartford, Connecticut 06155 FOR MONITORING S-5025 (08-99) Bond No. TBD KNOW ALL MEN BY THESE PRESENTS, that we, Restoration Systems, LLC, as Principal, and Hartford Fire Insurance Company, licensed to do business in the State of North Carolina as Surety, are held and firmly bound unto North Carolina Department of Environmental Quality (NCDEQ) – Division of Water Resources (DWR) (Obligee), in the penal sum of One Hundred Thousand & no/100----------------------------($100,000.00), 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 agreement with the above named Obligee, effective the 25 day of October, 2017 for Ophan Creek Nutrient Offset and Buffer Mitigation Bank Parcel located within the Haw River Sub-watershed of the Jordan Lake Watershed, as more fully described in said Agreement, a copy of which is attached, which Agreement is 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 Contract, the term of this bond shall apply from TBD 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 day of , 2018. RESTORATION SYSTEMS, LLC ________________________________ ________________________________ Witness Principal HARTFORD FIRE INSURANCE COMPANY ________________________________ _____________________________________________ Witness Phoebe C. Honeycutt, Attorney-in-Fact BB&T Insurance Services 4309 Emperor Blvd., Suite 300 Agreed and acknowledged this _____ day of ___________, 2018 Durham, NC 27703 By: _______________________________________________ Obligee Orphan Creek Bank Parcel Baseline Document and Asbuilt Report Appendices Phase One Haw River WS Umbrella Bank Restoration Systems, LLC Appendix F: 15A NCAC 02B .0295 (Consolidated Buffer Mitigation Rule – Effective Date October 24, 2014) 15A NCAC 02B .0295 MITIGATION PROGRAM REQUIREMENTS FOR PROTECTION AND MAINTENANCE OF RIPARIAN BUFFERS (a) PURPOSE. The purpose of this Rule is to set forth the mitigation requirements that apply to applicants listed in Subparagraphs (1) and (2) of this Paragraph and to set forth requirements for buffer mitigation providers. Buffer mitigation is required when one of the following applies: (1) The applicant has received an authorization certificate for impacts that cannot be avoided or practicably minimized pursuant to Rules .0233, .0243, .0250, .0259, .0267 or .0607 of this Subchapter; or (2) The applicant has received a variance pursuant to Rules .0233, .0243, .0250, .0259, .0267 or .0607 of this Subchapter and is required to perform mitigation as a condition of a variance approval. (b) DEFINITIONS. For the purpose of this Rule, these terms shall be defined as follows: (1) "Authority" means either the Division or a local government that has been delegated or designated pursuant to Rules .0233, .0243, .0250, .0259, .0267 or .0607 of this Subchapter to implement the riparian buffer program. (2) "Division" means the Division of Water Resources of the North Carolina Department of Environment and Natural Resources. (3) "Enhancement Site" means a riparian zone site characterized by conditions between that of a restoration site and a preservation site such that the establishment of woody stems (i.e., tree or shrub species) will maximize nutrient removal and other buffer functions. (4) "Hydrologic Area" means the Watershed Boundary Dataset (WBD), located at http://data.nconemap.com/geoportal/catalog/search/resource/details.page?uuid={16A42F31-6DC7- 4EC3-88A9-03E6B7D55653} using the eight-digit Hydrologic Unit Code (HUC) prepared by the United States Geological Survey. (5) "Locational Ratio" means the mitigation ratio applied to the mitigation requirements based on the location of the mitigation site relative to the impact site as set forth in Para graph (f). (6) "Monitoring period" means the length of time specified in the approved mitigation plan during which monitoring of vegetation success and other anticipated benefits to the adjacent water as listed in the authorization certification is done. (7) "Non-wasting endowment" means a fund that generates enough interest to cover the cost of the long term monitoring and maintenance. (8) "Outer Coastal Plain" means the portion of the state shown as the Middle Atlantic Coastal Plain (63) on Griffith, et al. (2002) "Ecoregions of North and South Carolina." Reston, VA, United States Geological Survey available at no cost at http://www.epa.gov/wed/pages/ecoregions/ncsc_eco.htm. (9) "Preservation Site" means riparian zone sites that are characterized by a natural forest consisting of the forest strata and diversity of species appropriate for the Omernik Level III ecoregion. (10) "Restoration Site" means riparian zone sites that are characterized by an absence of trees and by a lack of dense growth of smaller woody stems (i.e., shrubs or saplings) or sites that are characterized by scattered individual trees such that the tree canopy is less than 25 percent of the cover and by a lack of dense growth of smaller woody stems (i.e., shrubs or saplings). (11) "Riparian buffer mitigation unit" means a unit representing a credit of riparian buffer mitigation that offsets one square foot of riparian buffer impact. (12) "Riparian wetland" means a wetland that is found in one or more of the following landscape positions: (A) in a geomorphic floodplain; (B) in a natural topographic crenulation; (C) contiguous with an open water equal to or greater than 20 acres in size; or (D) subject to tidal flow regimes excluding salt/brackish marsh wetlands. (13) "Urban" means an area that is designated as an urbanized area under the most recent federal decennial census available at no cost at http://www.census.gov/ or within the corporate limits of a municipality. (14) "Zonal Ratio" means the mitigation ratio applied to impact amounts in the respective zones of the riparian buffer as set forth in Paragraph (e) of this Rule. (c) APPLICATION REQUIREMENTS, MITIGATION SITE REQUIREMENTS AND MITIGATION OPTIONS. Any applicant who seeks approval to impact riparian buffers covered under this Rule who is required by Paragraph (a) shall submit to the Division a written mitigation proposal that calculates the required area of mitigation and describes the area and location of each type of proposed mitigation. The applicant shall not impact buffers until the Division approves the mitigation plan and issues written authorization. For all options except payment of a fee under Paragraphs (j) or (k) of this Rule, the proposal shall include a commitment to provide: (1) a perpetual conservation easement or similar legal protection mechanism to ensure perpetual stewardship that protects the mitigation site's nutrient removal and other water quality functions; (2) a commitment to provide a non-wasting endowment or other financial mechanism for perpetual stewardship and protection; and (3) a commitment to provide a completion bond that is payable to the Division sufficient to ensure that land or easement purchase, construction, monitoring, and maintenance are completed. For each mitigation site, the Division shall identify functional criteria to measure the anticipated benefits of the mitigation to the adjacent water. The Division shall issue a mitigation determination that specifies the area, type, and location of mitigation and the water quality benefits to be provided by the mitigation site. The mitigation determination issued according to this Rule shall be included as an attachment to the authorization certification. The applicant may propose any of the following types of mitigation and shall provide a written demonstration of practicality that takes into account the relative cost and availability of potential options, as well as information addressing all requirements associated with the option proposed: (1) Applicant-provided riparian buffer restoration or enhancement pursuant to Paragraph (i) of this Rule; (2) Payment of a compensatory mitigation fee to a mitigation bank if buffer credits are available pursuant to Paragraph (j) of this Rule or payment of a compensatory mitigation fee to the Riparian Buffer Restoration Fund pursuant to Paragraph (k) of this Rule. Payment shall conform to the requirements of G.S. 143-214.20; (3) Donation of real property or of an interest in real property pursuant to Paragraph (l) of th is Rule; or (4) Alternative buffer mitigation options pursuant to Paragraph (m) of this Rule. (d) AREA OF IMPACT. The authority shall determine the area of impact in square feet to each zone of the proposed riparian buffer impact by adding the following: (1) The area of the footprint of the use impacting the riparian buffer; (2) The area of the boundary of any clearing and grading activities within the riparian buffer necessary to accommodate the use; and (3) The area of any ongoing maintenance corridors within the riparian buffer associated with the use. The authority shall deduct from this total the area of any wetlands that are subject to and compliant with riparian wetland mitigation requirements under 15A NCAC 02H .0506 and are located within the proposed riparian buffer impact area. (e) AREA OF MITIGATION REQUIRED ON ZONAL MITIGATION RATIOS. The authority shall determine the required area of mitigation for each zone by applying each of the following ratios to the area of impact calculated under Paragraph (d) of this Rule: Basin/Watershed Zone 1 Ratio Zone 2 Ratio Neuse River Basin (15A NCAC 02B .0233) 3:1 1.5:1 Catawba River Basin (15A NCAC 02B .0243) 2:1 1.5:1 Randleman Lake Watershed (15A NCAC 02B .0250) 3:1 1.5:1 Tar-Pamlico River Basin (15A NCAC 02B .0259) 3:1 1.5:1 Jordan Lake Watershed (15A NCAC 02B .0267) 3:1 1.5:1 Goose Creek Watershed (15A NCAC 02B .0607) 3:1A A The Goose Creek Watershed does not have a Zone 1 and Zone 2. The mitigation ratio in the Goose Creek Watershed is 3:1 for the entire buffer. (f) AREA OF MITIGATION REQUIRED ON LOCATIONAL MITIGATION RATIOS. The applicant shall use the following locational ratios as applicable based on location of the proposed mitigation site relative to that of the proposed impact site. Locational ratios shall be as follows: Location Ratio Within the 12-digit HUCA 0.75:1 Within the eight-digit HUCB 1:1 In the adjacent eight-digit HUCB,C 2:1 A Except within the Randleman Lake Watershed. Within the Randleman Lake Watershed the ratio is 1:1. B Except as provided in Paragraph (g) of this Rule. C To use mitigation in the adjacent eight-digit HUC, the applicant shall describe why buffer mitigation within the eight-digit HUC is not practical for the project. (g) GEOGRAPHIC RESTRICTIONS ON LOCATION OF MITIGATION. Mitigation shall be performed in the same river basin where the impact is located with the following additional specifications: (1) In the following cases, mitigation shall be performed in the same watershed in which the impact is located: (A) Falls Lake Watershed, as defined in Rule .0275 of this Section; (B) Goose Creek Watershed, as defined in Rule .0601 of this Subchapter; (C) Randleman Lake Water Supply Watershed, as defined in Rule .0248 of this Section; (D) Each subwatershed of the Jordan Lake watershed, as defined in Rule .0262 of this Section; and (E) Other watersheds as specified in riparian buffer protection rules adopted by the Commission. (2) Buffer mitigation for impacts within watersheds with riparian buffer rules that also have federally listed threatened or endangered aquatic species may be done within other watersheds with the same federally listed threatened or endangered aquatic species as long as the impacts are in the same river basin and same Omernik Level III ecoregion available at no cost at http://www.epa.gov/wed/pages/ecoregions/level_iii_iv.htm as the mitigation site. (h) RIPARIAN BUFFER MITIGATION UNITS. Mitigation activities shall generate riparian buffer mitigation units as follows: Mitigation Activity Square Feet of Mitigation Buffer Riparian Buffer Mitigation Units Generated Restoration 1 1 Enhancement 2 1 Preservation on Non-Subject Urban Streams 3 1 Preservation on Subject Urban Streams 3 1 Preservation on Non-Subject Rural Streams 5 1 Preservation on Subject Rural Streams 10 1 (i) RIPARIAN BUFFER RESTORATION OR ENHANCEMENT. Division staff shall make an on-site determination as to whether a potential mitigation site qualifies as a restoration or enhancement site as defined in Paragraph (b) of this Rule. Riparian buffer restoration or enhancement sites shall meet the following requirements: (1) Buffer restoration or enhancement may be proposed as follows: Urban Areas Non-Urban Areas Buffer width (ft) Proposed Percentage of Full Credit Buffer width (ft) Proposed Percentage of Full Credit Less than 20 0 % Less than 20 0 % 20-29 75 % 20-29 0 % 30-100 100 % 30-100 100 % 101-200 A 50 % A 101-200 A 50 % A A The area of the mitigation site beyond 100 linear feet from the top of bank shall comprise no more than 10 percent of the total area of mitigation. (2) The location of the restoration or enhancement shall comply with the requirements of Paragraphs (e), (f), and (g) of this Rule. In the Catawba watershed, buffer mitigation may be done along the lake shoreline as well as along intermittent and perennial stream channels throughout the watershed. (3) Diffuse flow of runoff shall be maintained in the riparian buffer. Any existing impervious cover or stormwater conveyances such as ditches, pipes, or drain tiles shall be eliminated and the flow converted to diffuse flow. If elimination of existing stormwater conveyances is not feasible, then the applicant or mitigation provider shall provide a delineation of the watershed draining to the stormwater outfall and the percentage of the total drainage treated by the riparian buffer for Division approval; the Division may reduce credit proportionally. (4) The applicant or mitigation provider shall submit to the Authority a restoration or enhancement plan for written approval by the Division. The restoration or enhancement plan shall demonstrate compliance with the requirements of Subparagraphs (1) through (3) of this Paragraph and shall contain the following in addition to the elements required in Paragraph (c) of this Rule: (A) A map of the proposed restoration or enhancement site; (B) A vegetation plan that shall include a minimum of four native hardwood tree species or four native hardwood tree and native shrub species, where no one species is greater than 50 percent of established stems, established at a density sufficient to provide 260 stems per acre at the completion of monitoring. Native volunteer species may be included to meet performance standards. The Division may approve alternative vegetation plans upon consideration of factors, including site wetness and plant availability to meet the requirements of this Part; (C) A grading plan (if applicable). The site shall be graded in a manner to ensure diffuse flow through the entire riparian buffer; (D) A schedule for implementation, including a fertilization and herbicide plan if applicable; and (E) A monitoring plan, including monitoring of vegetative success and other anticipated benefits to the adjacent water as listed in the authorization certification. (5) Within one year after the Division has approved the restoration or enhancement plan, the applicant or mitigation provider shall present documentation to the Division that the riparian buffer has been restored or enhanced unless the Division agrees in writing to a longer time period due to the necessity for a longer construction period. (6) The mitigation area shall be placed under a perpetual conservation easement or similar legal protection mechanism to provide for protection of the property's nutrient removal and other water quality functions. (7) The applicant or mitigation provider shall submit written annual reports for a period of five years after the restoration or enhancement has been conducted showing that the trees or tree and shrub species planted are meeting success criteria and that diffuse flow through the riparian buffer has been maintained. The applicant or mitigation provider shall replace trees or shrubs and restore diffuse flow if needed during that five-year period. Additional years of monitoring may be required if the objectives under Paragraph (i) have not been achieved at the end of the five-year monitoring period. (8) The mitigation provider shall provide a site specific credit/debit ledger to the Division at regular intervals once credits are established and until they are exhausted. (9) The mitigation provider shall provide a completion bond that is payable to the Division sufficient to ensure that land purchase, construction, monitoring, and maintenance are completed. A non-wasting endowment or other financial mechanism for perpetual maintenance and protection shall be provided. (j) PURCHASE OF BUFFER MITIGATION CREDITS FROM A PRIVATE OR PUBLIC MITIGATION BANK. Applicants who choose to satisfy some or all of their mitigation by purchasing mitigation credits from a private or public mitigation bank shall meet the following requirements: (1) The mitigation bank from which credits are purchased is listed on the Division's webpage (http://portal.ncdenr.org/web/wq/swp/ws/401) and has available riparian buffer credits; (2) The mitigation bank from which credits are purchased shall be located as described in Paragraphs (e), (f), and (g) of this Rule; and (3) After receiving a mitigation acceptance letter from the mitigation provider, proof of payment for the credits shall be provided to the Division prior to any activity that results in the removal or degradation of the protected riparian buffer. (k) PAYMENT TO THE RIPARIAN BUFFER RESTORATION FUND. Applicants who choose to satisfy some or all of their mitigation determination by paying a compensatory mitigation fee to the Riparian Buffer Restoration Fund shall meet the requirements of Rule .0269 of this Section. Payment made to the NC Ecosystem Enhancement Program (the Program) shall be contingent upon acceptance of the payment by the Program. The Program shall consider their financial, temporal, and technical ability to satisfy the mitigation request to determine whether they shall accept or deny the request. (l) DONATION OF PROPERTY. Applicants who choose to satisfy their mitigation determination by donating real property or an interest in real property to fully or partially offse t an approved payment into the Riparian Buffer Restoration Fund pursuant to Paragraph (k) of this Rule shall meet the following requirements: (1) The value of the property interest shall be determined by an appraisal performed in accordance with Part (l)(4)(D) of this Rule. The donation shall satisfy the mitigation determination if the appraised value of the donated property interest is equal to or greater than the required fee. If the appraised value of the donated property interest is less than the required fee calculated pursuant to Rule .0269 of this Section, the applicant shall pay the remaining balance due. (2) The donation of real property interests shall be granted in perpetuity. (3) Donation of real property interests to satisfy the full or partial payments under Paragraph (k) shall be accepted only if such property meets the following requirements: (A) The property shall be suitable for restoration or enhancement to successfully produce viable riparian buffer compensatory mitigation credits in accordance with Paragraph (i) of this Rule or the property shall be suitable for preservation to successfully produce viable riparian buffer compensatory mitigation credits in accordance with Part (m)(2)(C) of this Rule; (B) The property shall be located in an area where the Program may reasonably utilize the credits, based on historical or projected use, to offset compensatory mitigation requirements; (C) The estimated cost of restoring or enhancing and maintaining the property shall not exceed the projected mitigation credit value of the property minus land acquisition costs, except where the applicant supplies additional funds acceptable to the Program for restoration or enhancement and maintenance of the buffer; (D) The property shall not contain any building, structure, object, site, or district that is listed in the National Register of Historic Places established pursuant to Public Law 89 -665, 16 U.S.C. 470 as amended; (E) The property shall not contain any hazardous substance or solid waste such that water quality may be adversely impacted, unless the hazardous substance or solid waste can be properly remediated before the interest is transferred; (F) The property shall not contain structures or materials that present health or safety concerns to the general public. If wells, septic, water, or sewer connections exist, they shall be filled, remediated or closed at owner's expense in accordance with state and local health and safety regulations before the interest is transferred. Sewer connections in Zone 2 may be allowed for projects in accordance with Part (m)(2)(E) of this Rule; (G) The property and adjacent properties shall not have prior, current, or known future land use that may jeopardize the functions of the compensatory mitigation; (H) The property shall not have any encumbrances or conditions that are inconsistent with the requirements of this Rule or purposes of Rules .0233, .0243, .0250, .0259, .0267 or .0607 of this Subchapter; (I) Fee simple title to the property or a perpetual conservation easement on the property shall be donated to the State of North Carolina, a local government, or a qualified holder under N.C. General Statute 121-34 et seq. and 26 USC 170(h) of the Internal Revenue Code as approved by the Department and the donee; and (J) The donation shall be accompanied by a non-wasting endowment or other financial mechanism for perpetual maintenance and protection sufficient to ensure perpetual long-term monitoring and maintenance. However, when a local government has donated a perpetual conservation easement and entered into a binding intergovernmental agreement with the Program to manage and protect the property consistent with the terms of the perpetual conservation easement, that local government shall not be required to provide a non-wasting endowment. (4) At the expense of the applicant or donor, the following information shall be submitted to the Program with any proposal for donations or dedications of interest in real property: (A) Documentation that the property meets the requirements of Subparagraph (l)(3) of this Rule; (B) A US Geological Survey 1:24,000 (7.5 minute) scale topographic map, county tax map, USDA Natural Resource Conservation Service County Soil Survey Map, and county road map showing the location of the property to be donated, along with information on existing site conditions, vegetation types, presence of existing structures, and easements; (C) A current property survey performed in accordance with the procedures of the North Carolina Department of Administration, State Property Office as identified by the State Board of Registration for Professional Engineers and Land Surveyors as set forth in 21 NCAC 56 .1600. (D) A current appraisal of the value of the property performed in accordance with the procedures of the North Carolina Department of Administration, State Property Office as identified by the Appraisal Board as set forth in 21 NCAC 57A .0501; and (E) A complete attorney's report on title with a title commitment for policy in the name of the State of North Carolina in the dollar amount of the appraised value. (m) ALTERNATIVE BUFFER MITIGATION OPTIONS. Some or all of a buffer mitigation requirement may be met through any of the alternative mitigation options described in this Paragraph. Any proposal for al ternative mitigation shall meet the requirements of Paragraphs (c), (e), (f), and (g) of this Rule, the requirements set out in the named Subparagraph addressing that option, and the following requirements: (1) Any proposal for alternative mitigation shall be provided in writing to the Division and shall meet the following content and procedural requirements for approval by the Division: (A) Projects that have been constructed and are within the required monitoring period on the effective date of this Rule are eligible for use as alternative buffer mitigation. Projects that have completed monitoring and released by the Division on or before the effective date of this Rule are eligible for use as alternative buffer mitigation for a period of 10 years from the effective date of this Rule; (B) The mitigation area shall be placed under a perpetual conservation easement or similar legal protection mechanism to provide for protection of the property's nutrient removal and other water quality functions; and (C) A completion bond payable to the Division sufficient to ensure that land purchase, construction, monitoring, and maintenance are completed. (D) A non-wasting endowment or other financial mechanism for perpetual maintenance and protection shall be provided. (2) ALTERNATIVE BUFFER MITIGATION – NON-STRUCTURAL, VEGETATIVE OPTIONS (A) Coastal Headwater Stream Mitigation. Wooded buffers planted along Outer Coastal Plain headwater stream mitigation sites may be approved as riparian buffer mitigation as long as the site meets all applicable requirements of Paragraph (i) of this Rule. In addition, all success criteria including woody species, stem density, diffuse flow, and stream success criteria specified by the Division in any required written approval of the site shall be met. The area of the buffer shall be measured perpendicular to the length of the valley being restored. The area within the proposed buffer mitigation shall not also be used as wetland mitigation. The mitigation provider shall monitor the site for at least five years from the date of planting by providing annual reports for written Division approval. (B) Buffer Restoration and Enhancement on Non-Subject Streams. Restoration or enhancement of buffers may be conducted on intermittent or perennial streams that are not subject to riparian buffer rules. These streams shall be confirmed as intermittent or perennial streams by Division staff using the Division publication, Methodology for Identification of Intermittent and Perennial Streams and Their Origins (v.4.11, 2010) available at no cost at http://portal.ncdenr.org/web/wq/swp/ws/401/waterresources/streamdeterminations. The proposal shall meet all applicable requirements of Paragraph (i) of this Rule. (C) Preservation of Buffer on Non-subject streams. Preservation of buffers on intermittent or perennial streams that are not subject to riparian buffer rules may be proposed in order to permanently protect the buffer from cutting, clearing, filling, grading, and similar activities that would affect the functioning of the buffer. These streams shall be confirmed as intermittent or perennial streams by Division staff using the Division publication, Methodology for Identification of Intermittent and Perennial Streams and Their Origins (v.4.11, 2010). The preservation site shall meet the requirements of Subparagraphs (i)(1), (i)(3), (i)(6) and Parts (l)(3)(D), (E), (F), (H) and (J) of this Rule. Preservation shall be proposed only when restoration or enhancement with an area at least equal to the footprint of the buffer impact has been proposed. (D) Preservation of Buffers on Subject Streams. Buffer preservation may be proposed in order to permanently protect the buffer from cutting, clearing, filling, grading, and similar activities that would affect the functioning of the buffer beyond the protection afforded by the existing buffer rules on sites that meet the definition of a preservation site along streams, estuaries, or ponds that are subject to buffer rules. The preservation site shall meet the requirements of Subparagraphs (i)(1), (i)(3), (i)(6) and Parts (l)(3)(D), (E), (F), (H) and (J) of this Rule. Preservation shall be proposed only when restoration or enhancement of an area at least equal to the footprint of the buffer impact has been proposed. (E) Sewer easement within the buffer. If the proposed mitigation site contains a sewer easement in Zone 1, that portion of the sewer easement within Zone 1 is not suitable for buffer mitigation. If the proposed mitigation site contains a sewer easement in Zone 2, the portion of the sewer easement in Zone 2 may be suitable for buffer mitigation if: (i) the applicant or mitigation provider restores or enhances the forested buffer in Zone 1 adjacent to the sewer easement; (ii) the sewer easement is at least 30 feet wide; (iii) the sewer easement is required to be maintained in a condition that meets the vegetative requirements of the collection system permit; and (iv) diffuse flow is provided across the entire buffer width. The proposal shall meet all applicable requirements of Paragraph (i) of this Rule for restoration or enhancement. The proposal shall meet all applicable requirements of Part (m)(2)(C) of this Rule for preservation. (F) Enhancement of grazing areas adjacent to streams. Buffer credit at a 2:1 ratio shall be available for an applicant or mitigation provider who proposes permanent exclusion of grazing livestock that otherwise degrade the stream and riparian zone through trampling, grazing, or waste deposition by fencing the livestock out of the stream and its adjacent buffer. The applicant or mitigation provider shall provide an enhancement plan as set forth in Paragraph (i). The applicant or mitigation provider shall demonstrate that grazing was the predominant land use since the effective date of the applicable buffer rule. (G) Mitigation on ephemeral channels. For purposes of riparian buffer mitigation as described in this Part, an "ephemeral channel" is defined as a natural channel exhibiting discernible banks within a topographic crenulation (V-shaped contour lines) indicative of natural drainage on the 1:24,000 scale (7.5 minute) quadrangle topographic map prepared by the U.S. Geologic Survey, or as seen on digital elevation models with contours developed from the most recent available LiDAR data. Ephemeral channels only flow for a short period of time after precipitation in the immediate area and do not have periods of base flow sustained by groundwater discharge. The applicant or mitigation provider shall provide a delineation of the watershed draining to the ephemeral channel. The entire area proposed for mitigation shall be within the contributing drainage area to the ephemeral channel. The ephemeral channel shall be directly connected to an intermittent or perennial stream and contiguous with the rest of the mitigation site protected under a perpetual conservation easement. The area of the mitigation site on ephemeral channels shall comprise no more than 25 percent of the total area of mitigation. The proposal shall meet all applicable requirements of Paragraph (i) of this Rule for restoration or enhancement. The proposal shall meet all applicable requirements of Part (m)(2)(C) of this Rule for preservation. (H) Restoration and Enhancement on Ditches. For purposes of riparian buffer mitigation as described in this Part, a "ditch" is defined as a man-made channel other than a modified natural stream that was constructed for drainage purposes. To be used for mitigation, a ditch shall meet all of the following criteria: (i) be directly connected with and draining towards an intermittent or perennial stream; (ii) be contiguous with the rest of the mitigation site protected under a perpetual conservation easement; (iii) stormwater runoff from overland flow shall drain towards the ditch; (iv) be between one and three feet in depth; and (v) the entire length of the ditch shall have been in place prior to the effective date of the applicable buffer rule. The width of the restored or enhanced area shall not be less than 30 feet and shall not exceed 50 feet for crediting purposes. The applicant or mitigation provider shall provide a delineation of the watershed draining to the ditch. The watershed draining to the ditch shall be at least four times larger than the restored or enhanced area along the ditch. The perpetual conservation easement shall include the ditch and the confluence of the ditch with the intermittent or perennial stream, and provide language that prohibits future maintenance of the ditch. The proposal shall meet all applicable requirements of Paragraph (i) of this Rule for restoration or enhancement. (3) ALTERNATIVE BUFFER STORMWATER TREATMENT OPTIONS. (A) For all structural options: Riparian buffer restoration or enhancement is required with an area at least equal to the footprint of the buffer impact, and the remaining mitigation resulting from the multipliers may be met through structural options; (B) Structural measures already required by other local, state or federal rule or permit cannot be used as alternative buffer mitigation, except to the extent such measure(s) exceed the requirements of such rule or permit. Stormwater Best Management Practices (BMPs), including bioretention facilities, constructed wetlands, infiltration devices and sand filter are all potentially approvable (BMPs) for alternative buffer mitigation. Other BMPs may be approved only if they meet the nutrient removal levels outlined in Part (3)(C) of this Subparagraph. Existing or planned BMPs for a local, state, or federal rule or permit may be retrofitted or expanded to improve their nutrient removal if this level of treatment would not be required by other local, state, or federal rules. In this case, the predicted increase in nutrient removal may be counted toward alternative buffer mitigation; (C) Minimum treatment levels: Any structural BMP shall provide at least 30 percent total nitrogen and 35 percent total phosphorus removal as demonstrated by a scientific and engineering literature review as approved by the Division. The mitigation proposal shall demonstrate that the proposed alternative removes an equal or greater annual mass load of nutrients to surface waters as the buffer impact authorized in the authorization certificate or variance, following the calculation of impact and mitigation areas pursuant to Paragraphs (d), (e), and (f) of this Rule. To estimate the rate of nutrient removal of the impacted buffer, the applicant or mitigation provider shall use a method previously approved by the Division. The applicant or mitigation provider may propose an alternative method of estimating the rate of nutrient removal for consideration and review by the Division; (D) All proposed structural BMPs shall follow the Division's 2009 Stormwater Best Management Practice Design Manual available at no cost at http://portal.ncdenr.org/web/lr/bmp-manual. If a specific proposed structural BMP is not addressed in this Manual, the applicant or mitigation provider shall follow Chapter 20 in this Manual for approval; (E) All structural options are required to have Division approved operation and maintenance plans; (F) All structural options are required to have continuous and perpetual maintenance and shall follow the Division's 2009 Stormwater Best Management Practice Design Manual; (G) Upon completion of construction, the designer for the type of BMP installed shall certify that the system was inspected during construction and that the BMP was constructed in substantial conformity with plans and specifications approved by the Division; (H) Removal and replacement of structural options: If a structural option is proposed to be removed and cannot be replaced on-site, then a structural or non-structural measure of equal or better nutrient removal capacity in a location as specified by Paragraph (f) and (g) of this Rule shall be constructed as a replacement; (I) Renovation or repair of structural options: If a structural option must be renovated or repaired, it shall be renovated to provide equal or be tter nutrient removal capacity than as originally designed; (J) Structural options as well as their operation and maintenance are the responsibility of the landowner or easement holder unless the Division gives written approval for another responsible party to operate and maintain them. Structural options shall be located in recorded drainage easements for the purposes of operation and maintenance and shall have recorded access easements to the nearest public right-of-way. These easements shall be granted in favor of the party responsible for operating and maintaining the structure, with a note that operation and maintenance is the responsibility of the landowner, easement holder or other responsible party; and (K) Bonding and endowment. A completion bond payable to the Division sufficient to ensure that land purchase, construction, monitoring, and maintenance are completed and a non- wasting endowment or other financial mechanism for perpetual maintenance and protection shall be provided. (4) OTHER ALTERNATIVE BUFFER MITIGATION OPTIONS. Other riparian buffer mitigation options may be considered by the Division on a case-by-case basis after 30-day public notice through the Division's Water Quality Certification Mailing List in accordance with 15A NCAC 02H .0503 as long as the options otherwise meet the requirements of this Rule. Division staff shall present recommendations to the Environmental Management Commission for a final decision with respect to any proposal for alternative buffer mitigation options not specified in this Rule. (n) ACCOUNTING FOR BUFFER CREDIT, NUTRIENT OFFSET CREDIT AND STREAM MITIGATION CREDIT. Buffer mitigation credit, nutrient offset credit, wetland mitigation credit, and stream mitigation credit shall be accounted for in accordance with the following: (1) Buffer mitigation used for buffer mitigation credit shall not be used for nutrient offset credits; (2) Buffer mitigation or nutrient offset credit shall not be generated within wetlands that provide wetland mitigation credit required by 15A NCAC 02H .0506; and (3) Either buffer mitigation or nutrient offset credit may be generated on stream mitigation sites as long as the width of the restored or enhanced riparian buffer meets the requirements of Subparagraph (i)(1). History Note: Authority 143-214.1; 143-214.5; 143-214.7; 143-214.20; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143-215.8A; 143-215.8B; 143-282(c); 143B-282(d); S.L. 1998-221; S.L. 1999-329, s. 7.1; S.L. 2001-418, s. 4.(a); S.L. 2003-340, s. 5; S.L. 2005-190; S.L. 2006-259; S.L. 2009-337; S.L. 2009-486; S.L. 2014-95; Temporary Adoption Eff. October 24, 2014. Orphan Creek Bank Parcel Baseline Document and Asbuilt Report Appendices Phase One Haw River WS Umbrella Bank Restoration Systems, LLC Appendix G. Delivered Credit Yield Table for Jordan Sub Watersheds Jordan Water Supply Nutrient Strategy Delivered Credit Yield Table for Jordan Sub Watersheds Updated 12/20/2012 Page 1 of 2 Attachment B Delivered credit yields for buffer acres in Jordan small watersheds. Watershed ID Jordan Subwatershed Delivery Factors TN Credit TP Credit TN TP (lbs/30yrs) (lbs/30yrs) 03030002010010 Haw 25% 10% 562.34 14.38 03030002010020 Haw 37% 36% 832.26 51.77 03030002010030 Haw 44% 40% 989.72 57.52 03030002010040 Haw 49% 44% 1102.19 63.27 03030002010050 Haw 55% 48% 1237.15 69.03 03030002020010 Haw 15% 4% 337.40 5.75 03030002020020 Haw 22% 12% 494.86 17.26 03030002020030 Haw 48% 43% 1079.69 61.84 03030002020040 Haw 32% 33% 719.80 47.46 03030002020050 Haw 32% 32% 719.80 46.02 03030002020060 Haw 47% 42% 1057.20 60.40 03030002020070 Haw 54% 47% 1214.66 67.59 03030002030010 Haw 60% 56% 1349.62 80.53 03030002030020 Haw 44% 31% 989.72 44.58 03030002030030 Haw 25% 8% 562.34 11.50 03030002030040 Haw 42% 30% 944.73 43.14 03030002030050 Haw 64% 62% 1439.59 89.16 03030002030060 Haw 39% 19% 877.25 27.32 03030002030070 Haw 36% 18% 809.77 25.88 03030002030080 Haw 73% 64% 1642.04 92.04 03030002040010 Haw 30% 14% 674.81 20.13 03030002040020 Haw 28% 14% 629.82 20.13 03030002040030 Haw 71% 63% 1597.05 90.60 03030002040040 Haw 32% 15% 719.80 21.57 03030002040050 Haw 52% 50% 1169.67 71.90 03030002040060 Haw 54% 51% 1214.66 73.34 03030002040070 Haw 67% 60% 1507.07 86.28 03030002040080 Haw 53% 51% 1192.16 73.34 03030002040090 Haw 54% 51% 1214.66 73.34 03030002040100 Haw 75% 65% 1687.02 93.47 03030002040110 Haw 66% 60% 1484.58 86.28 03030002050010 Haw 74% 68% 1664.53 97.79 03030002050020 Haw 81% 74% 1821.98 106.42 03030002050030 Haw 42% 17% 944.73 24.45 03030002050040 Haw 80% 73% 1799.49 104.98 Jordan Water Supply Nutrient Strategy Delivered Credit Yield Table for Jordan Sub Watersheds Updated 12/20/2012 Page 2 of 2 Watershed ID Jordan Subwatershed Delivery Factors TN Credit TP Credit TN TP (lbs/30yrs) (lbs/30yrs) 03030002050050 Haw 71% 67% 1597.05 96.35 03030002050060 Haw 79% 73% 1777.00 104.98 03030002050070 Haw 78% 72% 1754.50 103.54 03030002050080 Haw 80% 73% 1799.49 104.98 03030002050090 Haw 79% 73% 1777.00 104.98 03030002050100 Haw 81% 75% 1821.98 107.85 03030002060010 Haw 81% 74% 1821.98 106.42 03030002060020 Haw 95% 97% 2136.90 139.49 03030002060030 Haw 88% 91% 1979.44 130.86 03030002060040 Haw 97% 98% 2181.88 140.93 03030002060050 Haw 92% 95% 2069.41 136.61 03030002060062 Haw 98% 99% 2204.38 142.37 03030002060070 UNH 40% 19% 867.70 27.32 03030002060080 UNH 59% 45% 1279.86 64.71 03030002060100 UNH 69% 63% 1496.79 90.60 03030002060110 UNH 61% 58% 1323.25 83.41 03030002060120 UNH 69% 63% 1496.79 90.60 03030002060140 UNH 85% 89% 1843.87 127.99 03030002060130 UNH 69% 63% 1496.79 90.60 03030002060160 LNH 85% 90% 1932.07 131.76 03030002060090* UNH 92% 94% 1995.71 135.18 03030002060090* LNH 92% 94% 2091.18 137.62 03030002060060* UNH 94% 96% 2039.10 138.05 03030002060060* LNH 94% 96% 2136.64 140.54 03030002060150* UNH 88% 91% 1908.94 130.86 03030002060150* LNH 88% 91% 2000.26 133.22 *Watershed is located in both the Upper New Hope (UNH) and Lower New Hope (LNH) Subwatersheds.