20180180 Ver 2_BPDP Final_20190312

ID#* 20180180
Select Reviewer:*
Mac Haupt
Initial Review
Completed Date
03/13/2019
Mitigation Project Submittal - 3/12/2019
Version* 2
Is this a Prospectus, Technical Proposal or a New Site? *
Type of Mitigation Project:*
W Stream W Wetlands W Buffer r Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name:*
Cara Conder
Project Information
Existing 20180180
(DWR) (nunbersonly ...nodash)
ID#:*
Project Type: (- DMS r Mitigation Bank
Project Name: Hollowell
County: Wayne
Document Information
C' c�
Email Address:*
[e-mail]
Existing 2
Version: (nunbersonly)
Mitigation Document Type:*
Mitigation Plans
File Upload: Hollowell BPDP Final.pdf 23.7MB
Rease upload only one RDF of the conplete file that needs to be subnitted...
Signature
Print Name:* Cara Conder
Signature:

Hollowell Bank Parcel Development Plan
Riparian Buffer & Nutrient Offset Mitigation Bank
DWR #2018-0180v2
Wayne County, North Carolina
Neuse River Basin (HUC 03020201)
March 2019
Prepared by:
WATER & LAND SOLUTIONS
7721 SIX FORKS ROAD, SUITE 130, RALEIGH, NC 27615
(919) 614 - 5111 1 waterlondsolutions.com

Hollowell Bank Parcel Development Plan
Table of Contents
1 Introduction...............................................................................................................................................4
1.1 Project Location............................................................................................................................4
1.2 Project Description........................................................................................................................4
2 Project Area - Existing Conditions..............................................................................................................5
2.1 Reach Descriptions........................................................................................................................5
2.2 Existing Wetlands..........................................................................................................................6
2.3 Soils...............................................................................................................................................
6
2.4 Existing Vegetative Communities.................................................................................................7
2.5 Threatened and Endangered Species...........................................................................................8
2.6 Cultural Resources........................................................................................................................8
2.7 Constraints....................................................................................................................................8
2.8 FEMA Floodplain / Floodway Mapping.........................................................................................8
3 Proposed Neuse Buffer & Nutrient Offset Restoration Plan.....................................................................8
3.1 Parcel Preparation........................................................................................................................9
3.2 Riparian Restoration.....................................................................................................................9
3.3 Riparian Preservation..................................................................................................................10
3.4 Planting.......................................................................................................................................10
4 Monitoring and Maintenance Plan..........................................................................................................11
4.1 Monitoring Protocol....................................................................................................................11
4.2 Adaptive Management Plan.......................................................................................................12
4.3 Conservation Easement..............................................................................................................12
5 Credit Release Schedule...........................................................................................................................12
6 Financial Assurance..................................................................................................................................13
7 Mitigation Potential.................................................................................................................................14
8 Citations...................................................................................................................................................16
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Figures
Figure 1 ...................
Figure 2 ...................
Figure 3 ...................
Figure 4 ...................
Figure 5 ...................
Figure 6 ...................
Figure 7 ...................
Figures 8a and b......
Appendices
Hollowell Bank Parcel Development Plan
................................................................Service Area Map
..........................................................Project Location Map
................................................................... NRCS Soils Map
................................................................... Floodplain Map
..............................................................Existing Conditions
.................Proposed Buffer and Nutrient Restoration Plan
..............Stream and Wetland Mitigation Conceptual Plan
................................................. Proposed Monitoring Map
Appendix A............................................................................................... DWR Determinations and Viability
Appendix8...................................................................................................................................... Photo Log
Appendix C..................................................................................................... Model Conservation Easement
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Hollowell Bank Parcel Development Plan
1 Introduction
The Hollowell Nutrient Offset and Buffer Mitigation Bank Parcel ("Parcel") is proposed under the terms
and conditions of the Hollowell Nutrient Offset and Buffer Mitigation Banking Instrument (MBI), made
and entered into by Water and Land Solutions, LLC (WLS), acting as Bank Sponsor ("Sponsor"), and the
North Carolina Department of Environmental Quality ("NCDEQ"), Division of Water Resources ("DWR").
The Parcel shall be planned and designed according to the MBI, 15A NCAC 02B.0240, and the Consolidated
Buffer Mitigation Rule 15A NCAC 02B .0295, which became effective on November 1, 2015. The Bank
Parcel Development Plan ("BPDP") will be designed in concurrence with the WLS Neuse 01 Stream and
Wetland Umbrella Mitigation Bank, Hollowell Mitigation Site (SAW #2017-00159). The mitigation plan for
the Hollowell Mitigation Site has not been submitted to the Interagency Review Team, but a prospectus
has been approved.
This Parcel is proposed to provide riparian buffer and nutrient offset mitigation credits for unavoidable
impacts due to development in the Neuse River Basin, United States Geologic Survey (USGS) 8 -digit
Hydrologic Unit Code (HUC) 03020201, excluding the Falls Lake watershed. Nutrient offset credits may be
used for stormwater requirements for new and existing development requiring nutrient offsets. The
Parcel service area is depicted in Figure 1.
1.1 Project Location
The Parcel (35.35814 N, 78.11642 W) is located in Wayne County, North Carolina, approximately seven
miles southwest of the Town of Goldsboro (Figure 2). The site boundary is within the 8 -digit HUC
03020201, in the NCDEQ sub -basin 03-04-02 (Warm Water Thermal Regime). To access the site from
Raleigh, NC, take Exit 309 from 1-40 for US Highway 70 East and continue for approximately 17 miles. Keep
left for US 70 Bypass East and continue approximately four miles and turn right onto Creechs Mill Road.
Continue on Creechs Mill Road for approximately three miles and turn left onto Brogden Road and
continue approximately eight miles. Continue onto Old Smithfield Road approximately one mile and turn
right onto Lassiter Road. Continue on Lassiter Road approximately two miles and turn right onto Ferry
Bridge Road. Continue on Ferry Bridge Road for approximately two miles and turn left onto Stevens Mill
Road. Continue on Stevens Mill Road approximately two miles and arrive at the site entrance on the left.
1.2 Project Description
The Parcel encompasses land along unnamed tributaries to the Neuse River in Wayne County, NC, and is
in row crop agricultural and silvicultural land use. Historically, the project stream reaches have been
extensively ditched to promote rapid drainage from the adjacent farm fields. This disturbance has resulted
in stream channel incision and a permanent disconnection from the streams' relic floodplain. Most of the
project stream reaches have been completely or partially cleared with some areas of forested or
successional riparian buffer. Currently, the project reaches act as significant sources of nutrient
contamination to the project watershed and the Neuse River.
The project will involve the restoration and preservation of Neuse buffers and other riparian areas in order
to help reduce non -point source discharge of contaminants into streams and agricultural ditch channels
within the Neuse River basin. The project area is comprised of two separate easement locations and is
approximately 69.92 acres, which includes the stream and wetland mitigation areas. The western
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Hollowell Bank Parcel Development Plan
easement area consists of UTI -R1 and UT1-R2 which drain directly to the Neuse River. The eastern
easement area consists of UT2-R1, UT2-R2, UT2-R3, which drain directly to the Neuse River; and UT2A
and UT213, which drain to the mainstem UT2. The Neuse River is listed as a 'Class C' nutrient sensitive
water (C; NSW), according to the North Carolina Division of Water Resources (NCDWR) (2018).
Out of the 69.92 acres, 17.98 acres will be restored for Neuse buffer credit, 28.89 acres will be restored
for nutrient offset restoration credit, and 6.00 acres will be buffer preservation. There will be 0.25 acres
of non -credited buffer preservation in the easement area. In general, Neuse buffer widths will extend a
minimum width of 50 feet from tops of stream and ditch banks, while nutrient offset restoration area
widths will extend out to a maximum of 200 feet from the top of the channel or ditch bank. The buffer
restoration credit adjacent to coastal headwater stream mitigation is classified as alternative mitigation
under Rule 15A NCAC 02B .0295 (0)(2) and is discussed in Section 3.3. The buffer preservation credit is
classified as alternative mitigation under Rule .0295 (o) and is discussed in Section 3.3. The DWR
performed an onsite Site Viability for Buffer Mitigation and Nutrient Offset on January 11, 2019 (letter
dated February 5, 2019) for the Parcel (Appendix A).
2 Project Area - Existing Conditions
2.1 Reach Descriptions
UT1-R1 originates as a small headwater stream and wetland complex at the top of the catchment. The
perennial stream reach has a drainage area of 184 acres. Due to historic land use activities (silviculture),
it is likely the stream was straightened and manipulated as it flows through the existing agricultural fields.
The riparian buffer and habitat features along this reach segment have been degraded through the
removal of native buffer vegetation and draining manipulation activities to implement silviculture
practices. Ditch 1 (D1) drains directly to UT1-R1 and has a drainage area of 29 acres. The restored acreage
for D1 is 1.03 acres, and the watershed draining to the ditch is at least four times larger than the restored
areas.
UT1-R2 continues flowing towards the Neuse River. UT1-R2 has a drainage area of 260 acres. Because of
historic land use activities (row crop agriculture), the stream has been straightened and deepened,
thereby draining any associated wetlands. There is also a series of small lateral ditches that connect to
the primary flow path. UT1-R2 is actively subject to water quality stressors, mainly in the form of nutrient
inputs and minimal riparian buffer widths.
UT2-R1 originates at a hillslope seep within a relatively undeveloped drainage area. The drainage area is
approximately 45 acres. The headwater stream is currently a high functioning, multi -thread channel with
associated riparian wetlands before flowing into the adjacent field area. As the tributary flows to its
confluence with UT2A, the channel has been relocated against the edge of the field and straightened to
maintain oversized ditch characteristics. UT2C is an intermittent tributary that flows into UT2-R1.
As UT2-R2 transitions from the wooded area of UT2-R1 to downstream below the road crossing, the
stream remains channelized with no riparian buffer vegetation. The perennial tributary has a drainage
area of 252 acres. UT2-R2 is actively subject to water quality stressors, mainly in the form of nutrient
inputs and minimal riparian buffer widths. Ditch 2 (D2) drains directly to UT2-R2 and has a drainage area
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Hollowell Bank Parcel Development Plan
of 22 acres. The restored acreage for D1 is 1.70 acres, and the watershed draining to the ditch is at least
four times larger than the restored areas.
UT2-R3 continues flowing to the north towards the Neuse River. UT2-R3 has a drainage area of 512 acres.
The stream and associated wetlands in this area have been manipulated in the past (culvert crossing and
row crop agriculture), however the current stream conditions are mostly stable throughout the entire
reach length. In addition, preliminary investigations identified significant mussel (Elliptio sp.) communities
along the wooded portion of UT2-R3. The presence of the mussels offers a unique opportunity for long-
term protection of these critical aquatic habitats. UT2-R3 is actively subject to water quality stressors,
mainly in the form of nutrient inputs and marginal riparian buffer widths.
UT2A is a small headwater tributary that flows east towards the culvert crossing and UT2-R2. Within the
Parcel, the stream has been straightened and deepened, thereby draining any associated wetlands. The
reach is oversized and exhibits little to no habitat value. The drainage area is 69 acres. UT2-R2 is actively
subject to water quality stressors, mainly in the form of nutrient inputs and minimal riparian buffer widths.
UT213 is a perennial tributary that flows to the mainstem along UT2-R2. The valley is moderately to well -
defined in this area, and the reach is mostly stable and exhibits minimal bank erosion. The channel appears
to be within its natural valley, and the existing buffer is vegetated.
2.2 Existing Wetlands
Preliminary site investigations determined that degraded jurisdictional wetlands are present throughout
the headwater stream valleys. After on-site streams were ditched, straightened and/or deepened,
groundwater elevations were altered such that many of the historic riparian wetlands along the relic
floodplain were drained and lost. These areas have been utilized for agricultural use over the past 60 years
and have lost the majority of their historic wetland function. Areas within the site that were not timbered
or where stream sections were not severely modified maintain the presence of jurisdictional wetlands.
2.3 Soils
The Parcel is located in the Inner Coastal Plain Physiographic Region. The project area is located along the
Neuse River which represents a transitional zone or fall line between the eastern Piedmont and Inner
Coastal Plain. As shown on the NRCS Soils Map (Figure 3), there are seven main soil types on the Parcel:
Bibb sandy loam, Lumbee sandy loam, Pantego loam, Weston loamy sand, Kenansville loamy sand, Norfolk
loam, and Torhunta loam. The Parcel soils are commonly defined by a sandy loam surface layer,
predominantly sandy and loamy subsoil alluvium with loamy/silty marine deposits.
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Hollowell Bank Parcel Development Plan
Table 1. Project Soil Types
Bb
Bibb sandy loam, 0-2%
A/D
Poorly
Eastern area of UT2-R2, UT2-R3,
slopes
and UT2B
Lv
Lumbee sandy loam, 0-
B/D
Poorly
Southern area of UT1-R1 and UT1-
2% slopes
R2
Po
Pantego loam, 0-1%
B/D
Very poorly
Northern area of UT1-R2
slopes
We
Weston loamy sand, 0-
A/D
Poorly
UT2-R1 and UT2A
2/o slopes
Ke
Kenansville loamy sand,
A
Well
Middle of western easement area
0-3% slopes
Nob
Norfolk loam, 2-6%
A
Well
Western area of UT2-R3 and UT2-B;
slopes
northern area of UT1-R2
To
Torhunta loam, 0-2%
A/D
Very poorly
Far eastern area of eastern
slopes
easement
2.4 Existing Vegetative Communities
Row Crop Areas
The majority of the Parcel is in row crop production as soybean and corn (right bank of UTI -R1, UTI -R2,
UT2-R2, UT2A, and left bank of UT2-R3). There is some fringe growth of immature native vegetation on
UT1-R2. These areas are being proposed for riparian restoration to generate buffer and nutrient offset
credits.
Forested Areas
UT1-R1 originates in a regenerated forest area consisting of red maple (Acer rubrum), sweetgum
(Liquidambarstyraciflua), and loblolly pine (Pinus taeda). Downstream, there is a ditch that drains directly
to this reach that has a fringe buffer of red maple, sweetgum, and Chinese privet (Ligustrum sinense). The
left bank of this reach is forested, and the right bank is in crop production. The downstream portion of
UT1-R2 drains directly to the Neuse River and consists of bald cypress (Taxodium distichum) and swamp
tupelo (Nyssa biflora) on the right bank.
UT2-R1 originates in a bottomland hardwood forest consisting of water oak (Quercus nigra), swamp
chestnut oak (Quercus michauxii), sweetgum, red maple, and American Holly (Ilex opaca) in the
understory. UT2B and the right bank of UT2-R3 is entirely forested and is a bottomland hardwood forest
with similar canopy species as UT2-R1. The left bank has varying levels of forested buffer.
The surrounding land has been periodically logged, and many tree species located in surrounding riparian
areas are now mid successional. The species in these areas are not necessarily indicative of what would
have been on site before human disturbance.
Invasive Species
There are currently no substantial communities of invasive plant species within the proposed project
boundaries. There is Chinese Privet on the fringe buffer of the ditch in the floodplain of UT1-R1; however,
there is also regrowth of native species and spot treatment will occur in this area.
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Hollowell Bank Parcel Development Plan
2.5 Threatened and Endangered Species
Based on a review of the US Fish and Wildlife Service (USFWS) database, there is currently one federally -
listed threatened and endangered species known to occur in Wayne County: red -cockaded woodpecker
(Picoides borealis). Project implementation is not anticipated to have a negative impact on this
species.
2.6 Cultural Resources
In accordance with the National Historic Preservation Act, WLS investigated and confirmed that the
proposed project area and property do not contain nor are adjacent to any properties listed by the
National Register of Historic Places or the North Carolina State Historic Preservation Office (NCSHPO).
There are no properties currently on the National Register of Historic Places within one mile of the Parcel,
and the nearest site is the Stevens Mill, which is approximately one mile from the project area. On-site
investigations and discussions with the landowners have not disclosed any potential resources or
occurrences of this type on the property.
2.7 Constraints
There are no existing easements on the Parcel. There is an existing private overhead electric utility corridor
that runs east to west across the site. A narrow break has been included perpendicularly across the
conservation easement boundary along the limits of the described existing utility corridor for a 50 foot
transmission line easement (Figure 5). Any easement breaks will permanently exclude the existing
easement corridors from the conservation easement boundary. Also, there is an existing culverted road
crossing at UT2-R2 and UT1-R2. The culvert sizes and locations may remain, and therefore will be excluded
from the conservation easement boundary.
2.8 FEMA Floodplain / Floodway Mapping
The downstream portions of UT1 and UT2 are located within a FEMA regulated floodplain (Zone 'AE')
(Figure 4). While it is not anticipated that there will be issues associated with FEMA permitting or
documentation, WLS will coordinate with the local floodplain administrator as needed and prepare the
required documentation to obtain approval for any FEMA regulated impacts. In addition, the project will
be designed so that any increase in flooding will be contained within the project boundary and will not
impact adjacent landowners; therefore, hydrologic trespass will not be a concern.
3 Proposed Neuse Buffer & Nutrient Offset Restoration Plan
Riparian restoration and preservation adjacent to streams was approved by the DWR in their letter dated
February 5, 2019 (Attachment A). This site is also being proposed as a stream and wetland mitigation
bank, and restoration of riparian areas will be accomplished through the goals and methods outlined by
the WLS Neuse 01 Stream & Wetland Umbrella Mitigation Banking Instrument, Hollowell Mitigation Plan
(SAW -2017-00159) and the Hollowell Riparian Buffer Nutrient Offset Mitigation Banking Instrument. All
riparian restoration and preservation buffer mitigation activities along channels will begin from the tops
of the banks and extend a maximum of 200 feet perpendicular to the stream channel where possible
pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to
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Hollowell Bank Parcel Development Plan
15A NCAC 02B .0240. Riparian restoration adjacent to the ditch will begin from the top of the ditch bank
and extend outward 200 feet.
All applicable federal, state, and local documentation, permits, and/or authorizations will be acquired as
part of implementing the above-mentioned mitigation plan and will be provided to DWR as part of the
As -Built Report, including Section 401, Section 404 and Sediment and Erosion Control permits. The
restoration of the Parcel will require converting existing agriculture land use practices within riparian
areas adjacent to streams and ditches into a dense and diverse vegetated riparian forest. The riparian
areas will be replanted with appropriate native tree species. The restoration of the riparian buffer will
provide stabilization and improve water quality to tributaries that drain directly to the Neuse River.
3.1 Parcel Preparation
The current land uses adjacent to the streams and ditches proposed for riparian restoration are primarily
non -forested croplands (Figure 5). The forested fringe buffers are proposed for riparian buffer
preservation. The riparian restoration areas will require limited site preparation in addition to the stream
and wetland construction. Headwater stream restoration activities will include excavating a broader
floodplain at or slightly above the existing bed elevation and will seek to restore groundwater hydrology
and connection of surface flows. The design concept will address the current channel's dimension,
pattern, and profile to create stable conditions. Also, a compromised culvert (15 -inch CVP) on D2 will be
replaced. Wetland restoration activities will include minimal grading and blending of microtopography.
After construction activities, the subsoil will be ripped and disked and the topsoil is placed back over the
site. Site preparation will also include select herbicide treatments or select mechanical clearing to remove
undesirable underbrush or invasive species as needed. Diffuse flow will be maintained in the buffers.
The Sponsor might utilize mechanical equipment periodically in the first few years after planting to
enhance vegetative growth. Mowing will not take place within the first 50 feet (Zone A) of restored buffer
after planting unless absolutely necessary. Additionally, selective applications of a pre -emergent herbicide
will be used to control weedy competition.
3.2 Riparian Restoration
A riparian headwater valley restoration approach is proposed for UT1-R1, UT2-R1, and UT2A. Headwater
stream restoration activities will include excavating a broader floodplain at or slightly above the existing
bed elevation and will seek to restore groundwater hydrology and connection of surface flows. The
restoration of UTI -R1 will end near the field edge as the valley turns to the northeast towards the Neuse
River. At this location, the channel will gradually transition into a single thread channel and the ditch that
flows offsite will be plugged up to the property line. UTI -R2, UT2-R2 and UT2-R3 will involve restoration
by constructing a single thread meandering channel across the geomorphic floodplain, increasing the
width/depth ratio, and raising the streambed (Rosgen Priority Level 1). Both ditches (D1 and D2) are viable
for buffer and nutrient offset credits per 15A NCAC 0295 (o)(8). Figure 6 depicts the nutrient and buffer
restoration plan based on existing top of bank conditions. Figure 7 depicts the stream and wetland
conceptual plan. The riparian buffer credits that are located adjacent to coastal headwater valley
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Hollowell Bank Parcel Development Plan
restoration will be based on the centerline of the channel and will be reported in the As -Built Report.
These credits will be withheld until the As -Built survey has been finalized.
The revegetation plan for the entire riparian restoration area will include permanent seeding, planting
bare root trees, live stakes, and controlling invasive species growth. If temporary seeding is applied from
November through April, rye grain will be used and applied at a rate of 130 pounds per acre. If applied
from May through October, temporary seeding will consist of browntop millet, applied at a rate of 40
pounds per acre. The permanent seed mix will consist of a riparian seed mix and wetland seed mix. The
riparian restoration efforts along the project streams will be adjacent to reconstructed stream banks and
will extend perpendicular from tops of banks a minimum of 50 feet to a maximum of 200 feet. The riparian
restoration efforts along the project ditches will extend perpendicular from tops of banks a minimum
width of 50 feet to a maximum width of 200 feet. Riparian buffer restoration efforts along ditches will be
less than 50 feet in width.
The riparian restoration activities will occur at the same time as the stream mitigation activities and not
before. Therefore, the mitigation area where riparian restoration is being performed may be altered
slightly depending on the implementation of the Hollowell Stream and Wetland Mitigation Bank. The
riparian restoration areas will be surveyed and information provided in the As -Built report and As -Built
Survey. The As -Built report will also include any deviations that were made to the approved BPDP.
3.3 Riparian Preservation
Riparian buffer preservation will include permanently protecting existing forested riparian areas with a
conservation easement. This will include about 10-20 feet of the right bank of UT1-R1, approximately 50-
75 feet of the left bank of UT2-R3, UT26 (0.25 acres not creditable per preservation limit), and UT2C. The
left bank of UT1-R1 was not viable for any riparian preservation credit, but will still be placed in the
conservation easement.
No more than 25 percent of the total area of buffer mitigation will be used for preservation credit pursuant
to 15A NCAC 0295 (0)(5) and 15A NCAC 0295 (0)(4), and preservation buffer areas in excess will be
protected in the conservation easement and not applied for credit. Approximately 0.25 acres of buffer
preservation are protected on UT213, but is not being credited. Buffer preservation can only generate
buffer mitigation credit and is not transferrable into nutrient offset credits.
3.4 Planting
The specific species composition to be planted was selected based on the community type, observation
of occurrence of species in riparian buffers adjacent to the Parcel, and best professional judgement on
species establishment and anticipated Site conditions in the early years following project implementation.
Trees will be planted at a density sufficient to meet the performance standards outlined in Rule 15A NCAC
02B 0295 of 260 hardwood trees per acre at the end of five years. No one tree species will be greater than
50 percent of the established stems. An appropriate riparian seed mix will also be applied to provide
temporary ground cover for soil stabilization and reduction of sediment loss during rain events in areas
disturbed by stream and wetland construction, as necessary. This will be followed by an appropriate
permanent seed mixture. Planting is scheduled for Winter 2020 and the list of species proposed are shown
in Table 2; however, the actual planting list will be provided in the As -Built report.
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Hollowell Bank Parcel Development Plan
Table 2. Tree Planting List
River birch Betula nigra
Green ash Fraxinus pennsylvanica
American Sycamore Platanus occidentalis
Tulip poplar Liriodendron tulipifera
Swamp tupelo Nyssa biflora
Willow oak Quercus phellos
Water oak Quercus nigra
4 Monitoring and Maintenance Plan
4.1 Monitoring Protocol
Permanent vegetation monitoring plots will be installed and evaluated within the buffer restoration
and/or nutrient offset areas to measure the survival of the planted trees. Riparian buffer vegetation
monitoring will be based on the Carolina Vegetation Survey -Ecosystem Enhancement Program Protocol
for Recording Vegetation: Level 1-2 Plot Sampling Only Version 4.2. Annual vegetation monitoring will
occur each year for a minimum of five years and will be conducted during the fall season with the first
year occurring at least five months from initial planting. Thirty-eight vegetation monitoring plots will be
installed, and will be 100 meters squared in size, and will cover at least two percent of the 46.87 acres of
riparian restoration area. Plots will be randomly placed throughout the planted riparian areas. The
approximate location of the plots is shown on Figures 8a and b. Photos will be taken from all photo points
each monitoring year and provided in the annual reports. All planted stems will be marked with flagging
tape and recorded. Some, but not all, of the vegetation plots will be monitored for both the buffer/
nutrient bank and the stream/wetland bank.
Planting is scheduled for winter 2020. The first annual monitoring activities will commence at the end of
the first growing season, at least five months after planting has been completed and no earlier than the
fall season. The following data will be recorded for all trees in the plots: species, common name, height,
planting date (or volunteer), and grid location. The total number of volunteer woody stems will also be
documented and reported. The measures of vegetative success for the Parcel will be the survival of at
least four native hardwood tree species, where no one species is greater than 50 percent of the
established stems, established at a density of at least 260 planted trees per acre at the end of Year 5.
Appropriate native volunteer stems of native hardwood tree species may be included to meet the
performance standards upon DWR approval. Visual inspections and photos will be taken to ensure that
preservation areas are being maintained and compliant. The Sponsor shall submit the annual monitoring
report to DWR by December 31st of each year for five consecutive years and will follow the terms and
conditions of the MBI.
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Hollowell Bank Parcel Development Plan
4.2 Adaptive Management Plan
In the event the site or a specific component of the site fails to achieve the necessary performance
standards as specified in the approved BPDP, the Sponsor shall notify and coordinate with NCDWR to
develop a remedial action plan. The remedial action plan should describe the source or reason for the
failure, a concise description of the corrective measures that are proposed, and a time frame for the
implementation of the corrective measures.
4.3 Conservation Easement
Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and
adjacent properties. Boundaries may be identified by fence, marker, bollard, post, tree blazing, or other
means as allowed by site conditions and/or conservation easement. Boundaries will be marked with signs
identifying the property as a mitigation site and will include the name of the long-term steward and a
contact number. Boundary markers disturbed, damaged, or destroyed will be repaired and/ or replaced
on an as needed basis. The easement boundary will be checked annually as part of monitoring activities,
and the conditions as well as any maintenance performed will be reported in the annual monitoring
reports to NC DWR.
WLS has received a cleared title for this site. The Conservation Easement will be assigned to an approved
land trust. All monitoring activities, including periodic inspections of the site to ensure that restrictions
required in the Conservation Easement are upheld, are the responsibility of WLS until the Parcel is
transferred to the land trust by year 4 monitoring.
5 Credit Release Schedule
Upon submittal of all appropriate documentation by the Sponsor, and subsequent approval by DWR, it is
agreed that the mitigation credits associated with the Parcel will be released as described in the MBI and
Table 3. The total buffer credits proposed adjacent to constructed coastal headwater valley streams will
be dependent on the approval of the IRT to construct. The stream site will have to be constructed and an
As -Built Report and survey will have to be submitted to the IRT prior to DWR granting approval to generate
buffer credits under Rule 15A NCAC 02B .0295 (o)(2). The area of the buffer credits shall be measured
perpendicular to the length of the valley being restored.
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Hollowell Bank Parcel Development Plan
Table 3. Credit Release Schedule
6 Financial Assurance
Following approval of the Hollowell BPDP, the Sponsor will provide financial assurances in the form of a
Performance Bond from a surety that is rated no less than "A-" as rated by A.M. Best. Financial assurances
will be payable at the direction of the DWR to its designee or to a standby trust. The initial performance
bond will be for 100 percent of the implementation costs, but not less than $150,000. In lieu of posting
the performance bond, the Sponsor may elect to construct the project prior to the first credit release.
After completion of the construction and monitoring devices a monitoring bond in the amount of
$100,000 will be secured to implement the monitoring and maintenance of the riparian restoration areas
for a minimum of five years. Upon DWR approval, this may be lowered each year based on the adjusted
cost to complete the monitoring.
Performance bonds for monitoring shall be renewed to cover the next years monitoring period, with
confirmation of renewal provided to DWR with each 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.
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Instrument and BPDP Approved by DWR, Conservation
20
No Credit
Easement Recorded and Financial Assurance Posted
Site Earthwork, Planting and Installation of
©Mitigation
Monitoring Devices Completed
20
No Credit
Monitoring Financial Assurance Posted and Approval of As-
Built Report
10
50
Monitoring Report #1 Approved by the DWR* and financial
assurance renewed
10
10
Report #2 Approved by the DWR* and financial
©Monitoring
assurance renewed
10
10
Monitoring Report #3 Approved by the DWR* and financial
assurance renewed
10
10
Item B (1) of Section X in this Instrument has been completed
and approved by DWR.
5
5
No remaining credits will be released until the conservation easement has been assigned to
an approved land
trust or stewardship
Report #4 Approved by the DWR* and financial
©Monitoring
assurance renewed
5
5
Monitoring Report #5 Approved by the DWR* and final site
visit by DWR has been conducted
10
10
-
Total
100
100
* DWR approval provided upon a determination that the site is meeting success criteria contained within the
approved BPDP
6 Financial Assurance
Following approval of the Hollowell BPDP, the Sponsor will provide financial assurances in the form of a
Performance Bond from a surety that is rated no less than "A-" as rated by A.M. Best. Financial assurances
will be payable at the direction of the DWR to its designee or to a standby trust. The initial performance
bond will be for 100 percent of the implementation costs, but not less than $150,000. In lieu of posting
the performance bond, the Sponsor may elect to construct the project prior to the first credit release.
After completion of the construction and monitoring devices a monitoring bond in the amount of
$100,000 will be secured to implement the monitoring and maintenance of the riparian restoration areas
for a minimum of five years. Upon DWR approval, this may be lowered each year based on the adjusted
cost to complete the monitoring.
Performance bonds for monitoring shall be renewed to cover the next years monitoring period, with
confirmation of renewal provided to DWR with each 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.
Page 13 4

Hollowell Bank Parcel Development Plan
7 Mitigation Potential
Out of 69.92 acres that will be protected with a permanent conservation easement, 4.39 acres (191,228
ft2) are proposed to generate riparian buffer restoration credits, 6.00 acres (28,706 ft') are proposed to
generate riparian buffer preservation credits, 13.59 acres (438,758 ft') are proposed to generate riparian
buffer credits along coastal headwater restoration streams, and 28.89 acres (65,667.55 lbs. Nitrogen) are
proposed to generate nutrient offset credits. The Sponsor may use the 4.39 acres of riparian buffer
restoration mentioned above for either riparian buffer credit or nutrient offset credit, but not both. The
remaining acres within the Conservation Easement, will be used for wetland and stream mitigation
pursuant to the Hollowell Mitigation Bank.
The Sponsor must request and receive approval from DWR prior to any credit conversions and transfers
to the credit ledgers. With each conversion and transfer request submitted to the DWR, the Sponsor will
provide all updated credit ledgers showing all transactions that have occurred up to the date of the
request.
The Sponsor will maintain three credit ledgers: one for buffer restoration credits, one for buffer
preservation credits and coastal headwater buffer credits, and one for Nitrogen nutrient offset credits.
The total potential nutrient offset mitigation credits and riparian buffer that the Parcel will generate is
summarized in Table 4.
Page 14 4

Hollowell Bank Parcel Development Plan
Table 4. Proposed Mitigation Credits
Riparian
Riparian
Total
Buffer Credits
EligibleCredit
Per
Credit
%Full
Widths
Features
Mitigation Type
Acreage
Credit
2
Acre
Ratio
Credit
Mitigation Credits (sq. ft.)
Acreage
(ft)
0-50'
UTI -R2, UT2-R2,
Restoration
4.39
4.39
43,560
1:1
100%
191,228ft2 (4.39 ac)
UT2B
Coastal
0-100'
UT1-R1, UT2-R1,
Headwater
8.34
8.34
43,560
1:1
100%
363,290 ft2 (8.34 a c)
UT2A
Restoration
Coastal
UT1 R1, UT2 R1,
101-200'
Headwater
5.25
5.25
43,560
1:1
33%
75,468 ft' (1.73 ac)
UT2A
Restoration
UT1-R1, UT2-R1,
Preservation
0-50'
4.80
4.55
43,560
10:1
°
100%
19,820 ft' (0.46 ac)
UT2-R3, UT213
Subject Streams
Preservation
51-100'
UT2-R3
0.86
0.86
43,560
10:1
100%
3,746 ft' (0.09 ac)
Subject Streams
Preservation Non
0-100'
UT2C
0.59
0.59
43,560
5:1
100%
5,140 ft' (0.12 ac)
Subject Streams
Total Restoration Credits
4.39
191,228 ft2 (191228.40 ac)
Total Coastal Headwater Restoration Credits
13.59
438,758ft2 (10.07 ac)
28,706ft2 (0.66 ac)
Total Preservation Credits
6.00
includes ratios & reductions
Buffer Preservation Non -Credited
0.25
UT213 has protected, but uncredited areas
OffsetNutrient
Eligible
Total
Credit Per
Credit
Widths
Features
Mitigation Type
Credit
Mitigation Credits (lbs)
Acreage
Acre (lbs)
Ratio
Acreage
0-50'
Ditch 1, Ditch 2
Restoration
2.91
2,273.02
N/A
6,614.49
Ditch 1, UT1-R2,
51-200'
UT2-R2, UT2-R3,
Restoration
25.98
2,273.02
N/A
59,053.06
Ditch 2
TOTAL
28.89
65,667.55
Page 15
4

Hollowell Bank Parcel Development Plan
8 Citations
Lee, T.L, Peet, R.K., Roberts, S.D., and Wentworth, T.R. 2006. CVS-EEP Protocol for Recording Vegetation,
Version 4.2. http://cvs.bio.unc.edu/protocol/cvs-eep-protocolv4.2- levl-2.pdf.
NC Environmental Management Commission. 2014. Rule 15A NCAC 026.0295 - Mitigation Program
Requirements for the Protection and Maintenance of Riparian Buffers.
United States Department of Interior, Fish and Wildlife Service (USFWS). Threatened and Endangered
Species in North Carolina (County Listing). Wayne County. 2017.
USDA, Soil Conservation Service,1974. Soil Survey of Wayne County.
Page 16 4

Legend
Hollowell Mitigation Project
Neuse: 03020201 0
'Jake Forest t'
54
9?
Ion
Gary Raleigh Knightdale Wendell 231 254'
I~ 581
1�.-,rner
H ly Spring.= Clayton
Ken
Fuquay- a
Selma
Anger Smithfield
Farr Oaks -_
Coats
Lillington Buie', Creek Bet tlsb
nson
Erwin
Du
Walkertown
301
N t Olive
akk 0 2.5 5 10 15 Sources: Esri, HERE, DeLorme, USGS, Intermap, INCREMENT P, NRCan,
Miles Esri Japan, METI, Esri Chi a.(Hong Kong), Esri Korea, Esri (Thailand),
Mapmylndia, NGCC, © OpenS[reetMap contributors, and the GIS User
Community Q
FIGURE
WATER & LAND TI Hollowell Service Area
SOLUTIONS Mitigation Project Map
NAD 1983 2011 State Plane
North Carolina FIPS 3200 FT US

Legend
Project Location Wayne Co. Hydrography
0 HUC-12 0 NC Counties
Q HUC-8 (Neuse) 0 Site Limits
0 Wayne County
O NC Cities
0 50 100
o Miles
Smithfield
Johnston County
0—l- S.5�7�
Miles
77 -
Goldsboro
Wayne County
Project is located in
HUC-8: 03020201
Upper Neuse Subbasin G a 0
� 0ca
.6
o 'A°
! O U
Location:
35.354771'
\\ -78.128593°
a
o �
� z
U
U
N
0
� a �
Location:
35.354143°
-78.115899°
d N
M;/ Sources: Esri,!HERE, DeLorrne; US S�Intermap, INCREMENT P, NF an,
R" Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailan,
0 0.5 1 Mapmylndia, NGCC, ©�O�p�n eetMap contributors, an`d the GIS U :r.
Mile: Community
FIGURE
WATER & LA N DM Hollowell Project Location
SOLUTIONS Mitigation Site Map
NAD 1983 2011 State Plane
North Carolina FIPS 3200 FT US

e
W.B
UT2A
K
D FEET (1oi s sheet 24)
2 250
N
UT2 R1
n �Rt
r�
0 500
1,000
W6
Feet
Source Es�rDigGlotie` GeoE a Ea{haGeographics ONES/Airbus DS, USDA
Aer I he'G1S User Comm urttty
GN,Eand.
USGS,
_G t
WATER & LAN DM
SOLUTIONS
Hollowell
Mitigation Project
NRCS Soils
Map
FIGURE
3
NAD 1983 201 1State Plane
North Carolina FIPS 3200 FT US

Legend
0 Conservation Easement
Existing Streams
2ft Contours ,gym
Major
Minor
FEMA Floodzone v
AE
0.2 PCT ANNUAL CHANCE FLOOD HAZARD rn
e 0 ^�
^N
ti
106
,4
76 to NN
�o
UT1-R2
�2
'o,
1�
A
o �
0
UT2A
—_ 82
00 �,
0
i
UT2-R3 84
1►, '/Co
UT2B
Co 1�1
UT2-R2
2 0 500 1,000
'rSource�Esri Di itadGlob!oE e. Eaa" hFi'cs CNEAirbus DS U� A USG = r
'6 Feet 9P a
::� �p ✓eroG��LG•N�?,a d the G'I�S�User;Com���'�� �1�k� � �• p`'
WATER & LAND TI Hollowell Floodplain FIGURE
Map
SOLUTIONS Mitigation Project 4
NAD 1983 2011 State Plane
North Carolina FIPS 3200 FT US

Legend
a
Conservation Easement
Project Streams ,
Project Ditches
Non -Subject Stream
� Unverified Wetland UT2-R3
r
tB
[Compromised Culvert UT2
UT1-R2
J ` UT2-R2
t UT2A
50ft Utility Easement
t y�� UT2-R1' r
D1 UT2C -
N UT1-R1 ,�
0 500 1,000
Feet ouroe: Esri, DigitalGlobe, GeoE e, Earths4ar Geographi •s, C E' /Airbus DS, USDA, USG
0eroGR110 IGN, and the GIS User Community
WATER & LAND" FIGURE
Hollowell Existing Conditions
SOLUTIONS Mitigation Project Map
NAD 1983 2011 State Plane 5
North Carolina FIPS 3200 FT US

Legend
— Project Streams
Non -Subject Project Stream
— Project Ditches
Conservation Easement
0-50ft Buffer Preservation (4.55 acres)
0-50ft Buffer Restoration (4.39 acres)
51-100ft Buffer Preservation (0.86 acres)
{ Non -Subject Stream Buffer Preservation (0.59 acres)
0-100ft Coastal Headwater Buffer Restoration (8.34 acres)
101-200ft Coastal Headwater Buffer Restoration (5.25 acres)
0-50ft Nutrient Offsets (2.91 acres)
51-200ft Nutrient Offsets (25.98 acres)
Project Wetlands
Buffer Preservation Non -Credit (0.25 acres)
s'
s UT1-R2 -
,!�
End of Coastal
Heawater Stream
50ft Utility Easement
' D1
�_r J
0 500 1,000
Feet
WATER & LA N DT"
SOLUTIONS
AO
Mr
UT1-R1 ..
Hollowell
Mitigation Project
UT2-R3 � t
ode
Replace Culvert UT2B
42LJ.�
UT2-R2
UT2A
End of Coastal
Heawater Stream
UT2C
IF
�.
qkI
FIGURE
Buffer/Nutrient Credit
Determination Map
6
NAD 1983 2011 State Plane
North Carolina FIPS 3200 FT US
qkI

Legend
Conservation Easement
Stream Mitigation Type
— Coastal Preservation
Coastal Restoration
— Restoration
Enhancement II
Preservation
Wetland Mitigation Type
V7 Restoration
/ Enhancement
® Preservation
UT1-R2
End of Coastal
Heawater Stream
Ff
'Agm 0 500 1,000
Feet
WATER & LA N DT"
SOLUTIONS
UT1-R1
Hollowell
Mitigation Project
UT2-R3
k
,W61 Replace Culvert
UT2B
UT2-R2
UTA of
AL End of Coastal
Heawater Stream
:.f
' •a
UT2-R1
FIGURE
Stream/Wetland Credit
Determination Map 7
NAD 1983 2011 State Plane
North Carolina FIPS 3200 FT US

Attachment A — DWR Determinations and Viability

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
February 5, 2019
Cara Conder DWR ID# 2018-0180v2
Water & Land Solutions, LLC Wayne County
7721 Six Forks Rd, Suite 130
Raleigh, NC 27615
(via electronic mail: cara(&waterlandsolutions.com )
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Hollowell Site
Located near 35.354143, -78.115899
Neuse 03020201 (not in Falls WS)
Dear Ms. Conder
On January 4, 2018, Katie Merritt, with the Division of Water Resources (DWR), received a request
from you on behalf of Water & Land Solutions, LLC (WLS) for a site visit near the above -referenced
site in the Neuse River Basin within the 8 -digit Hydrologic Unit Code 03020201. The site visit was
to determine the potential for riparian buffer mitigation and nutrient offset within a proposed
Easement Boundary, which is more accurately shown in the attached maps labeled "Figure 6"
prepared by WLS and Figures 1 a and 2a prepared by Ms. Merritt. On January 11, 2019, Ms. Merritt
performed a site assessment of the subject site. Staff with WLS were also present. This site is also
being proposed as a stream and wetland mitigation site by WLS. Portions of this site are intended to
be proposed to the IRT as coastal headwater stream mitigation by WLS
At the request of WLS, this mitigation determination is assessed using the proposed stream
restoration plan/alignment and conservation easement boundary shown on the attached map labeled
"Figure 6" that will be submitted to the Interagency Review Team (IRT) for review. If the proposed
stream channel alignments change in any way from what is shown on Figure 10, this viability letter
may be subject to change.
Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the
riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB)
and landward 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295
(effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240.
D_EQA_.,North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
rman, cwoiau
919.70T9000

Hollowell Site
Water Land Solutions, LLC
February 5, 2019
Feature
Classification
'Subject
Riparian Land uses
Buffer
zNutrient
Mitigation Type Determination
to
Offset
onsite
adjacent to Feature
Credit
w/in riparian areas
0-200'
Buffer
Viable
Viable at
Rule
2.273.02
lbs -N per
acre
UTI -R1
Stream
Yes
Combination of
Yes
Yes (non-
Fields - Restoration Site per 15A
(at DWR
disturbed/clear cut forest and
(fields
forested
NCAC 02B.0295 (n)
flag)
agricultural fields; Neuse
only)
fields only)
riparian buffers shown in
Timbered Neuse Buffer (Zone 1 &
Figure 2a were impacted from
Zone 2)- no credit
timbering in @ 2013 and
would have constituted a
Timbered/disturbed forest (beyond
violation of the Neuse Buffer
the Neuse Buffer) - located outside of
rules. Therefore, no buffer
the project's proposed conservation
credit can be generated within
easement boundary & not assessed
Zone 1 or Zone 2 of the Neuse
riparian buffer that was
timbered.
UTI -R2
Stream
Yes
Mostly non -forested
Yes
Yes (non-
Fields - Restoration Site per 15A
agricultural fields with
fields
forested
NCAC 02B.0295 (n)
disturbed/clear cut forest
only)
fields only)
upstream; Neuse riparian
Timbered Neuse Buffer (Zone 1 &
buffers shown in Figure 2a
Zone 2)- no credit
were impacted from timbering
in @ 2013 and would have
Timbered/disturbed forest (beyond
constituted a violation of the
the Neuse Buffer) - located outside of
Neuse Buffer rules. Therefore,
the project's proposed conservation
no buffer credit can be
easement boundary & not assessed
generated within Zone I or
Zone 2 of the Neuse riparian
buffer that was timbered.
A
Ditch
No
Non -forested agricultural
N/A
N/A
N/A
fields
Proposed to be filled and graded for
wetland mitigation
B
Ditch
No
Non -forested agricultural
N/A
N/A
N/A
fields
Proposed to be filled and graded for
wetland mitigation
C
Ditch
No
Non -forested agricultural
N/A
N/A
N/A
fields
Proposed to be filled and graded for
wetland mitigation
E
Ditch
No
Non -forested agricultural
N/A
N/A
N/A
fields
Proposed to be filled and graded for
wetland mitigation
F
Ditch
No
Non -forested agricultural
N/A
N/A
N/A
fields
Proposed to be filled and graded for
wetland mitigation
Page 2 of 5

Hollowell Site
Water Land Solutions, LLC
February 5, 2019
Feature
Classification
'Subject
Riparian Land uses
Buffer
2Nutrient
Mitigation Type Determination
w/in riparian areas
onsite
to
Buffer
adjacent to Feature
Credit
Viable
Offset
Viable at
0-200'
Rule
2.273.02
lbs -N per
acre
D1
Ditch
No
Mostly non -forested
*see note
Yes fields
Fields - Restoration Site per 15A
agricultural fields with some
only)
NCAC 0213.0295 (0)(8)
trees at confluence with UT1-
R1
Forested fringe - no credit
*Buffer Mitigation Note -
Assessment concludes the ditch
meets 15A NCAC 0213.0295 (0)(8) (A,
B, C, D & E). More information on the
watershed is required to be provided
in a mitigation plan for complete
assessment. See rule.
D2
Ditch
No
Non -forested agricultural
*see note
Yes fields
Fields - Restoration Site per 15A
fields, forested upstream. A
only)
NCAC 0213 .0295 (0)(8)
compromised culvert is
present and needs to be
Forested Areas - no credit
replaced to restore hydrologic
connectivity to UT2
*Buffer Mitigation Note -
Assessment concludes the ditch
meets 15A NCAC 0213.0295 (0)(8) (A,
B, C, D & E). More information on the
watershed is required to be provided
in a mitigation plan for complete
assessment. See rule.
G
Road -side
No
N/A
No
No
No
Ditch
(must be manipulated to allow for
diffused flow within riparian restoration
along UT2)
H
Road -side
No
N/A
No
No
No
Ditch
(must be partially manipulated to allow
for diffused flow within riparian areas
along UT2)
UT2-R1
Stream
Yes
Mostly non -forested
3Yes
Yes fields
Fields - Restoration Site per 15A
agricultural fields with
only)
NCAC 0213 .0295 (n)
forested areas upstream
Forested areas - Preservation Site
per 15A NCAC 0213.0295 (0)(5)
UT2-R2
Stream
Yes
Mostly non -forested
3Yes
Yes fields
Fields - Restoration Site per 15A
agricultural fields with
only)
NCAC 02B.0295 (n)
forested fringe along right
bank.
Forested fringe - Preservation Site
per 15A NCAC 0213.0295 (0)(5)
UT2-R3
Stream
Yes
Mostly non -forested
3Yes
Yes (fields
Fields - Restoration Site per 15A
agricultural fields with
only)
NCAC 02B .0295 (n)
forested fringe along right
bank.
Forested fringe - Preservation Site
per 15A NCAC 0213.0295 (0)(5)
Page 3 of 5

Hollowell Site
Water Land Solutions, LLC
February 5, 2019
Feature
Classification
'Subject
Riparian Land uses
Buffer
2Nutrient
Mitigation Type Determination
onsite
adjacent to Feature
Offset
w/in riparian areas
to
Credit
0-20
Buffer
Viable
Viable at
2.273.02
Rule
lbs -N per
acre
UT2A
Stream
Yes
Mostly non -forested
3Yes
Yes fields
Fields - Restoration Site per 15A
agricultural fields with
only
NCAC 0213 .0295 (n)
forested areas upstream
Forested areas - Preservation Site
per 15A NCAC 0213.0295 (0)(5)
UT213
Stream
Yes
Mostly non -forested
3Yes
Yes fields
Fields - Restoration Site per 15A
agricultural fields with
only
NCAC 0213 .0295 (n)
forested fringe along banks.
Forested fringe - Preservation Site
per 15A NCAC 0213.0295 (0)(5)
UT2C
Stream
No
Mostly fully -forested w/
3Yes
No
Forested areas - Preservation Site
(at DWR
upstream riparian areas shown
per 15A NCAC 0213 .0295 (0)(4)
flag)
in Figures 1 a as being
timbered in 2016
Timbered/disturbed forest - located
outside of the project's proposed
conservation easement boundary & not
assessed
'Subjectivity calls for the features were determined by DWR in correspondence dated July 3, 2014 and January 24,
2019 using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version
of the soil survey map prepared by the NRCS .
2 NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with
Riparian Buffer Establishment
'The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of
the total area of buffer mitigation per 15A NCAC 0295 (0)(5) and 15A NCAC 0295 (0)(4). Site cannot be a
Preservation Only site to comply with this rule.
4The area described as an Enhancement Site was assessed and determined to comply with all 15A NCAC
02B .0295(0)(6). Cattle exclusion fencing is required to be installed around the mitigation area to get buffer credit
under this part of the rule.
SThe area of the mitigation site on ephemeral channels shall comprise no more than 25 percent (25%) of the total
area of buffer mitigation per 15A NCAC 0213.0295 (0)(7).
Maps that are attached to this letter were prepared by WLS and Ms. Merritt and were initialed by Ms.
Merritt on February 5, 2019. This letter should be provided in all stream and 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
Page 4 of 5

Hollowell Site
Water Land Solutions, LLC
February 5, 2019
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.
This viability assessment will expire on February 5, 2021 or upon the submittal of an As -Built Report
to the DVWR, whichever comes first. This letter should be provided in all stream, wetland or buffer
mitigation plans for this Site.
Please contact Katie Merritt at [phone] if you have any questions regarding this
correspondence.
Sincerely,
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
KAH/km
Attachments: Figure 6, Topographic Map of Site, Figure la — UT2 Timbered Areas, Figure 2a — UTI
Timbered areas
cc: File Copy (Katie Merritt)
Page 5 of 5

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ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental QuaUty
January 28, 2019
Connie H. and Paul A. Feige DWR Project #20140486 Version 2
16110 Turnburg Oak Drive Wayne County
Odessa, FL 33556
(corrected address)
Subject: On -Site Stream Evaluation and Determination for Applicability to the
Neuse River Riparian Buffer Rules (15A NCAC 02B.0233) and Water
Quality Standards
Project Name: Hollowell Mitigation Site
Address/Location: 1821-2161 Stevens Mill Road, Grantham, NC
Lat. 35.345616, Long -78.115281
Parcel ID's: Wayne County PIN #2568057761
Stream Evaluated: 1 stream feature labeled as UT2C on the subject parcel
PIN#2568057761
Field Date: January 11, 2019
DWR Staff: Shelton Sullivan
Determination Type:
Buffer:
Stream:
® Neuse (15A NCAC 0213 .0233)
® Ephemeral/Intermittent/Perennial
❑ Tar -Pamlico (15A NCAC 02B.0259)
Determination (where local buffer
❑ Catawba (15A NCAC 02B.0243)
ordinances apply)
❑ Jordan (15A NCAC 02B.0267) (governmental
and/or interjurisdictional projects)
❑ Randleman (15A NCAC 02B.0250)
❑ Goose Creek (15A NCAC 02B.0605-.0608)
See the following table and written explanation regarding the stream determinations.
le:!51DEQ;5
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North Carolina Department of Environmental Quality I Division of Water Resources
5I2 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina "27699-1617
919.707.9000

Water & Land Solutions LLC
[Neuse River Riparian Buffer/Stream Determination
DWR Project #20140486 V2
Page 2 of 3
Feature IDl
Feature Type
Not
Subject
Start@
Stop @
Soil
USGS
Subject
Survey
Topo
UT2C
Stream —
X
Flag labeled AA
Flag labeled
Not
Not
(see aerial
Intermittent (1)
START
AA END (see
shown
shown
map)
(see photo and
photo and
aerial map)
aerial map)
1 See maps provided showing labeled features
z Ephemeral (E), Intermittent (1), Perennial (P), Ditch (D)
The Division of Water Resources (DWR) received a Request for Site Viability Assessment of the
Hollowell Mitigation Site. On January 11, 2019, DWR staff, along with the consultant and
consultant representative, conducted a site visit to gather information regarding the viability of
the site. During the site visit, the consultant requested that DWR observe and evaluate a
feature on the property labeled as UT2C.
DWR determined that this feature, UT2C, is an intermittent stream feature and has a start and
stop location along the feature. The start and stop point were flagged and pictures of these
locations are attached and are labeled on the aerial map provided by the consultant. However,
UT2C is not subject to the Neuse River Riparian Buffer Rules since it is not located on the most
recently published NRCS Soil Survey of Wayne County, North Carolina, and not shown on the
most recent copy of the USGS Topographic map at a 1: 24,000 scale.
This stream determination is addition to the determination letter dated July 3, 2014, Project
# 14-0486, attached for your reference. There may be other streams or features located on
the properties and on the included maps that may be subject to the buffer rules or may be
considered jurisdictional according to the US Army Corps of Engineers and subject to the
Clean Water Act
This on-site determination shall expire five (5) years from the date of this letter. Landowners
or affected parties that dispute a determination made by the DWR may request a determination
by the Director. An appeal request must be made within sixty (60) calendar days of the date of
this letter to the Director in writing.
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.):
c/o Karen Higgins % Karen Higgins
DWR — 401 & Buffer Permitting Branch DWR — 401 & Buffer Permitting Branch
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 2 7699-1 61 7 Raleigh, NC 27604
This determination is final and binding as detailed above, unless an appeal is requested within
sixty (60) days.

Water & Land Solutions, LLC
Neuse River Riparian Buffer/Stream Determination
DWR Project #20140486 V2
Page 3 of 3
This determination only addresses the applicability to the buffer rules and does not approve
any activity within the buffers. The project may require a Section 404/401 Permit for the
proposed activity. Any inquiries regarding applicability to the Clean Water Act should be
directed to the US Army Corps of Engineers Raleigh Regulatory Field Office at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact Shelton Sullivan
at [phone].
Sincerely,
ikm Q'k '
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Attachments: Maps; Photos by DWR; On -Site Determination DWQ # 14-0486 dated
July 3,.2014.
cc: Cara Conder, Water & Land Solutions, LLC, [e-mail]
George Lankford, Soil Scientist, [e-mail]
401 & Buffer Permitting Branch file copy
DWR WARO via email
Filename: 20140486V2_Hollowell Stream Call UT2C.docx

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Hollowell Mitigation Site 1-11-19
NRCS Soil Survey for Wayne County, NC
Feature UT2C Not Shown.
1(Joins sheet 18)
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Shelton Sullivan, DWR

NIMA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 3, 2014
Debra and George Grantham
1447 Falling Creek Church Road
Goldsboro, NC 27530
Subject Property: Hollowell Mitigation Bank
UTs to Neuse River, Neuse River Basin
John E. Skvarla, III
Secretary
DWQ # 14-0486
Wayne County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. and Mrs. Grantham:
On June -3, 2014 and July 2, 2014, at your request of your consultant Mr. Ward Ellis of Restoration Systems,
LLC, Anthony Scarbraugh conducted an on-site determinations to review unnamed tributaries (UTs) to
Neuse River located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 213
.0233). The features are labeled as "14-0486 A through 14-0486 D" on the attached maps initialed by Mr.
Scarbraugh on July 3, 2014. The project is located approximately 0.55 mile north of the intersection of
Stevens Mill Road and James Hinson Road in Wayne County.
At your request, Mr. Scarbraugh conducted on-site determinations as stated above. During his review, he
evaluated the streams using the DWR Stream Classification Form. He evaluated the stream reach 14-0486
A at N 35.35348, W 78.11549 and calculated the score to be 21.25 points. He evaluated the stream reach
14-0486 B at N 35.35349, W 78.11686 and calculated the score to be 21.25 points. He evaluated the
stream reach 14-0486 C at N 35.35168, W 78.12599 and calculated the score to be 19.75 points. The form
states that if the score is "greater than or equal to 19 points the stream is at least intermittent." Please
note, he evaluated the stream reach 14-0486 D at N 35.36162, W 78.11925 and calculated the score to be
21 points. However, the feature 14-0486 D was not present on either the most recent of the soil survey
map prepared by the NRCS US Department of Agriculture or the most recent version of the 1:24,000 scale
(7.5 minute) quadrangle topographic maps prepared by the U5 Geological Survey. In accordance with 15A
NCAC 2B .0233(3) which states that riparian buffers adjacent to surface waters that do not appear on either
of the maps shall not be subject to this Rule.
The DWR has determined that the portion of the features labeled as "14-0486 A, 14-0486 B and 14-0486
V on the attached maps, and highlighted in blue are subject to the Neuse Buffer Rules. The portion of
feature labeled as"14-0486 D" and highlighted in red is not subject to the Neuse Buffer Rules. The
features and the associated buffers should be identified on any future plans for this property. The owner
(or future owners) should notify the DWR (and other relevant agencies) of this decision in any future
Division of Water Resources -Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] Fax: [phone]\ Internet: www,ncdenr.gov
An Equal Opportunity 1 Affirmative Acton Employer — Made in pari by recycled paper

correspondences concerning this property. This on-site determination shall expire five (5) years from the
date of this letter.
The owner (or future owners) should notify the DWR (and other relevant agencies) of this decision in any
future correspondences concerning this property. This on-site determination shall expire five (5) years
from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR
or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request
a determination by the Director. A request for a determination by the Director shall be referred to the
Director in writing c/o Karen Higgins, DWR 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh,
NC 27699-1650. Individuals that dispute a determination by the DWR or Delegated Local Authority that
"exempts" a surface water from the buffer rule may ask for an adjudicatory hearing. You must act within
60 days of the date that you receive this letter. Applicants are hereby notified that the 60 -day statutory
appeal time does not start until the affected party (including downstream and adjacent landowners) is
notified of this decision. DWR recommends that the applicant conduct this notification in order to be
certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition,
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding
unless you ask for a hearing within 60 days.
This letter only addresses the applicability to the buffer rules and does not approve any activity within the
buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State.
If you have any additional questions or require additional information please call Anthony Scarbraugh in the
Washington Regional Office at [phone].
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Grantham"
copy of sheets 18 and 24, 1974 version of Wayne County Soil Survey
cc: DWR 401 & Buffer Permitting Unit
File Copy
Ward Ellis, Restoration Systems, LLC,
1101 Haynes Street, Suite -211, Raleigh, NC 27604
Katie Merritt, DWR 401 & Buffer Permitting Unit
Filename 14-0486

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Attachment B — Photo Log

Appendix B — Existing Conditions Photos
UT1-R2: channelized conditions and lack of
riparian buffer (09/19/18)
Looking downstream at ditched conditions along
UT2-R2(09/19/18)
Ditch flowing to UT1-R1 (01/08/18)
UT2-R1: looking upstream at stream and wetland
complex (09/19/18)
Looking downstream along Reach UT2-R3
(09/19/18)
U I LH (U1/U25/ 125)

Attachment C — Model Conservation Easement

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this
day of , 201_ by and between ,
("Grantor") and ("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.
I2*011F-1 .y
WHEREAS, Grantor owns in fee simple certain real property situated, lying and
being in County, North Carolina, more particularly described in Exhibit A
attached hereto and incorporated herein (the "Property");
WHEREAS, Grantee is a charitable, not-for-profit or educational corporation,
association, or trust qualified under § 501 (c)(3) and § 170 (h) of the Internal Revenue
Code, and N.C. Gen. Stat. § 121-34 et seq., the purposes or powers of which include
one or more of the purposes (a) - (d) listed below;
(a) retaining or protecting natural, scenic, or open -space aspects of real

property;
(b) ensuring the availability of real property for recreational, educational,
or open -space use;
(c) protecting natural resources;
(d) maintaining or enhancing air or water quality.
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or
aesthetic value of the property in its natural state, which includes the following
natural communities: add or delete as appropriate: wetlands, streams, and riparian
buffers. The purpose of this Conservation Easement is to maintain streams, wetlands
and riparian resources and other natural values of approximately _acres, more or
less, and being more particularly described in Exhibit B attached hereto and
incorporated fully herein by reference (the "Conservation Easement Area"), and
prevent the use or development of the Conservation Easement Area for any purpose
or in any manner that would conflict with the maintenance of its natural condition.
WHEREAS, the restoration, enhancement and preservation of the Conservation
Easement Area is a condition of the approval of the Mitigation Banking Instrument
(MBI) and Mitigation Plan forthe_
Army (DA) Action ID NumberSAW-
the
Mitigation Bank in the
Mitigation Bank, Department of the
entitled "Agreement to Establish
River Basin within the State of
North Carolina", to be made and entered into by and between
acting as
the Bank Sponsor and the Wilmington District Corps of Engineers (Corps), in
consultation with the North Carolina Interagency Review Team (IRT). The
Mitigation Site has been approved by the Corps for use as a mitigation bank to
compensate for unavoidable stream and wetland impacts authorized by DA permits.
WHEREAS, the restoration, enhancement and preservation of the Conservation
Easement Area is also a condition of the approval of the Riparian Buffer
and Nutrient Offset Mitigation Banking Instrument (MBI) and Bank Parcel Development
Package (BPDP) for the Riparian Buffer and Nutrient Offset Mitigation
Bank, North Carolina Division of Water Resources (NCDWR) Project ID# ,
which was approved by the NCDWR, and will be made and entered into by and
between , acting as the Bank Sponsor, and the NCDWR. The
Riparian Buffer and Nutrient Offset Site is intended to be used to
compensate for riparian buffer and nutrient impacts to surface waters.
WHEREAS, Grantor and Grantee agree that third -party rights of enforcement
shall be held by the NCDWR and the Corps (to include any successor agencies) ("Third -
Parties"), and may be exercised through the appropriate enforcement agencies of the
United States and the State of North Carolina, and that these rights are in addition to,
and do not limit, the rights of enforcement under the NC DWR Project ID#
and the Department of the Army instrument number SAW -
("Mitigation Banking Instrument"), or any permit or certification issued by the Third -
Parties.
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 Conservation Easement Area
described on Exhibit B, 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 Conservation Easement Area inconsistent with
the purpose of this Conservation Easement is prohibited. The Conservation
Easement Area shall be preserved in its natural condition and restricted from any
development that would impair or interfere with the conservation values of the
Conservation Easement Area.
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 Conservation Easement Area 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 Conservation
Easement Area.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any rights of passage for such purposes are
prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Conservation Easement Area are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming,
cutting or mowing of trees, shrubs, or other vegetation in the Conservation Easement
Area except as provided in the Mitigation Plan and Bank Parcel Development Plan.
Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or

volunteer trees and shrubs approved in the Mitigation Plan and BPDP is allowable once
a year for no more than five consecutive years from the date on page I of this
Conservation Easement, except where mowing will negatively impact vegetation or
disturb soils. Mowing activities shall only be performed by and shall not
violate any part of Item L of Article II.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the Conservation Easement Area; nor enlargement or modification to existing
roads, trails orwalkways.
G. Signage. No signs shall be permitted on or over the Conservation Easement
Area, except the posting of no trespassing signs, signs identifying the conservation
values of the Conservation Easement Area, signs giving directions or proscribing rules
and regulations for the use of the Conservation Easement Area and/or signs identifying
the Grantor as owner of the Conservation Easement Area.
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 Conservation Easement Area is prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any
manner on the Conservation Easement Area, except to restore natural topography or
drainage patterns. For purposes of restoring and enhancing streams and wetlands
within the Conservation Easement Area, is allowed to perform grading,
filling, and excavation associated with stream and wetland restoration and
enhancement activities as described in the Mitigation Plan and authorized by
Department of the Army Nationwide Permit 27.
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 other than for
temporary or occasional access by the Enter Sponsor Name, the Grantee, its

employees and agents, successors, assigns, NCDWR, and the Corps for purposes of
constructing, maintaining and monitoring the restoration, enhancement and
preservation of streams, wetlands and riparian areas within the Conservation
EasementArea..
M. Other Prohibitions. Any other use of, or activity on, the Conservation
Easement Area which is or may become inconsistent with the purposes of this grant,
the preservation of the Conservation Easement Area substantially in its natural
condition, or the protection of its environmental systems, is prohibited.
ARTICLE III
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs,
successors or assigns, the right to continue the use of the Conservation Easement Area
for all purposes not inconsistent with this Conservation Easement, including, but not
limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights
of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement
Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement
Area, 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, including acting as the Bank Sponsor, the right to
construct and perform activities related to the restoration, enhancement, and
preservation of streams, wetlands and riparian areas within the Conservation
Easement Area in accordance with the approved Mitigation Plan, the
Bank Parcel Development Package, and the two Mitigation Banking
Instruments described in the Recitals of this Conservation Easement.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, the Corps
and NCDWR, shall have the right to enter the Property and Conservation Easement Area
at all reasonable times for the purpose of inspecting the Conservation Easement Area to
determine if the Grantor, or his personal representatives, heirs, successors, or assigns,
is complying with the terms, conditions, restrictions, and purposes of this Conservation
Easement. The Grantee, Enter Sponsor Name, and its authorized representatives,
successors and assigns, the Corps and NCDWR shall also have the right to enter and go
upon the Conservation Easement Area 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
ENFORCEMENTAND REMEDIES
A. To accomplish the purposes of this Easement, Grantee, the Corps, and

NCDWR are allowed to prevent any activity on or use of the Conservation Easement
Area that is inconsistent with the purposes of this Easement and to require the
restoration of such areas or features of the Conservation Easement Area thatmay 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 terms 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
and the NCDWR shall have the same rights and privileges as the said Grantee to
enforce the terms and conditions of this Conservation easement..
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
Conservation Easement Area 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 Conservation Easement Area 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 Conservation Easement Area. 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 Conservation
Easement Area or any portion thereof and shall not be amended, modified or
terminated without the prior written consent and approval of the Corps.
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 pursuant to 33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34 et seq. and § 501(c)(3)
and § 170 (h) of the Internal Revenue Code, and the Grantee further covenants and
agrees that the terms of the transfer or assignment will be such that the transferee or
assignee will be required to continue in perpetuity the conservation purposes
described in this document.
D. Entire Agreement and Severability. The combined Mitigation Banking
Instruments: MBI with corresponding Mitigation Plan, and MBI with corresponding
BPDP, and this Conservation Easement 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. Long -Term Management. If livestock operations will be maintained on the
property, Grantor is responsible for all long-term management activities associated
with fencing to ensure livestock do not have access to the Protected Property. These
activities include the maintenance and/or replacement of fence structures, as deemed
necessary by the Grantee, to ensure the aquatic resource functions within the
boundaries of the Protected Property are sustained.
G. Extinguishment. In the event that changed conditions render impossible the
continued use of the Conservation Easement Area for the conservation purposes, this
Conservation Easement may only be extinguished, in whole or in part, by judicial
proceeding.

H. Eminent Domain. Whenever all or part of the Conservation Easement Area
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.
I. Proceeds. This Conservation Easement constitutes a real property interest
immediately vested in Grantee. In the event that all or a portion of the Conservation
Easement Area 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 as determined at the time of the
extinguishment or condemnation.
J. 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:
[Name, address and fax number]
To Grantee:
[Name, address and fax number]
To Sponsor:
To the Corps:
US Army Corps of Engineers
Wilmington District Regulatory Division
69 Darlington Avenue
Wilmington, NC 28403
To NCDEQ -DWR:
NCDEQ— Division of Water Resources
401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1601
K. 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.
L. 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.
M. Present Condition of the Conservation Easement Area. The wetlands, scenic,
resource, environmental, and other natural characteristics of the Conservation
Easement Area, and its current use and state of improvement, are described in Section
of the Mitigation Plan, prepared by Grantor and acknowledged by the Grantor
and Grantee to be complete and accurate as of the date hereof. Both Grantor and
Grantee have copies of this report. It will be used by the parties to assure that any
future changes in the use of the Conservation Easement Area 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
Conservation Easement Area if there is a controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for
the aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
(Signatures of the Grantor and Grantee in appropriate form)