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HomeMy WebLinkAbout20160847 Ver 3_BPDP for PN_20190503ID#* 20160847
Select Reviewer:*
Katie Merritt
Initial Review
Completed Date
05/07/2019
Mitigation Project Submittal - 5/3/2019
Version* 3
Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No
Type of Mitigation Project:*
r Stream r Wetlands PF Buffer PF Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name:* Email Address:*
Katie Webber kwebber@res.us
Project Information
Existing 20160847 Existing 3
(DWR) (nunbersonly ...nodash) Version: (nun-bersonly)
I D#: *
Project Type: f DMS r Mitigation Bank
Project Name: Cloud & Banner Riparian Buffer and Nutrient
Credit Bank
County: Alamance
Document Information
Mitigation Document Type:*
Mitigation Plans
File Upload: Cloud and Banner - FINAL BPDP.pdf 9.87MB
Rease upload only one RDF of the complete file that needs to be subnitted...
Signature
Print Name:* Kathleen Webber
Signature:*
FINAL BANK PARCEL DEVELOPMENT PLAN
The Cloud and Banner Mitigation Project
Alamance County, North Carolina
DWR Project Number: 2016-0847 Version 3
Haw River Subwatershed of Jordan Lake
8 -Digit HUC 03030002 / 14 -Digit HUC 03030002030070
Prepared By:
pres
Bank Sponsor: Environmental Banc and Exchange, LLC
302 Jefferson Street, Suite 110
Raleigh, NC 27605
919-209-1062
May 2019
Table of Contents
1 INTRODUCTION................................................................................................................. 1
1.1 Parcel Location................................................................................................................
1
1.2 Parcel Overview...............................................................................................................1
2 PROJECT AREA — EXISTING CONDITIONS............................................................... 2
2.1 Physiography....................................................................................................................2
2.2 Soils..................................................................................................................................3
2.3 Existing Riparian Conditions...........................................................................................
4
2.4 Wetlands...........................................................................................................................5
2.5 Threatened and Endangered Species...............................................................................
6
2.6 Environmental and Cultural Constraints.........................................................................
7
2.7 Federal Emergency Management Agency (FEMA) Floodplain/Floodway Mapping ....
7
3 RIPARIAN RESTORATION AND PRESERVATION PLAN ....................................... 7
3.1 Parcel Preparation............................................................................................................
8
3.2 Riparian Restoration Activities........................................................................................
8
3.3 Riparian Preservation Activities......................................................................................
9
3.4 Planting Plan ....................................................................................................................
9
3.5 Easement Boundaries and Fencing................................................................................
10
4 MONITORING AND MAINTENANCE PLAN..............................................................10
4.1 Monitoring Protocol and Success Criteria.....................................................................
10
4.2 Adaptive Management Plan and Parcel Maintenance...................................................
11
4.3 Long Term Management Plan .......................................................................................
11
5 FINANCIAL ASSURANCE...............................................................................................11
6 MITIGATION POTENTIAL............................................................................................12
7 CREDIT RELEASE SCHEDULE FOR CLOUD AND BANNER ......................ERROR!
BOOKMARK NOT DEFINED.
8 REFERENCES....................................................................................................................
14
APPENDICES
Appendix A — Supporting Figures
Figure 1. Service Area
Figure 2. Project Vicinity
Figure 3. Existing Conditions
Figure 4. Conceptual Design Plan for Riparian Buffer Bank
Figure 5. Conceptual Design Plan for Stream and Wetland Mitigation
Figure 6. Buffer Zones
Figure 7. USGS Quadrangle
Figure 8a. Mapped Soils
Figure 8b. Alamance County Soil Survey
Figure 9. National Wetlands Inventory
Figure 10. National Flood Hazard Layer
Figure 11. Monitoring Plan
Appendix B — Correspondence
Appendix C — Site EDR Data
Appendix D — Conservation Easement and Plat
Appendix E — Existing Conditions Photos (April 29, 2019)
Cloud and Banner Bank Parcel Development Plan ii May 2019
1 INTRODUCTION
Environmental Banc and Exchange, LLC (EBX, LLC), an entity of RES, is pleased to provide
this Bank Parcel Development Plan (BPDP) for the Cloud and Banner Riparian Buffer and
Nutrient Offset Mitigation Bank (Parcel). This Parcel is designed to provide riparian buffer and
nutrient offset credits for unavoidable impacts due to development within the Haw River
Subwatershed of the Jordan Lake Watershed, United States Geological Survey (USGS) 8 -digit
Hydrologic Unit Code (HUC) 03030002 and 14 -digit HUC 03030002030070 (Figure 1). This
BPDP is in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC 02B.0295, 15A
NCAC 02B.0240 and the RES Cloud and Banner Mitigation Banking Instrument for Riparian
Buffer Mitigation and Nutrient Offset Credits (MBI), made and entered into by EBX, LLC acting
as the Bank Sponsor (Sponsor), and the North Carolina Department of Environmental Quality -
Division of Water Resources (DWR). Supporting figures can be found in Appendix A.
The BPDP has also been designed in concurrence with the Cloud and Banner Stream and Wetland
Mitigation Bank (SAW #2016-02451). The mitigation plan for the Cloud and Banner Stream and
Wetland Mitigation Bank was approved by the Interagency Review Team (IRT) in April, 2019.
The Cloud and Banner Stream and Wetland Mitigation Bank is proposed to provide 4,053 Stream
Mitigation Units (SMUs) and 8.20 Wetland Mitigation Units (WMUs) within the conservation
easement through a separate mitigation banking instrument with the IRT.
1.1 Parcel Location
The Parcel is located in Alamance County approximately three miles north of Mebane, North
Carolina east of NC Highway 119 (Figure 2). The Parcel is located within Haw River
Subwatershed within the Jordan Lake Watershed, USGS 14 -digit HUC 03030002030070, a
Targeted Local Watershed, and DWR Subbasin Number 03-06-02.
To access the Parcel, head north on NC 119 from the Town of Mebane and turn right onto Mrs.
White Lane. Head northeast for approximately 0.71 -mile, then turn left onto an unmarked dirt
path locally known as "Wildman Lane". The coordinates of the site are 36.143777°, -79.271535°.
1.2 Parcel Overview
The Parcel is being proposed to restore and enhance stream and wetland complexes with their
adjacent riparian buffers and their functions and values to compensate, in appropriate
circumstances, for unavoidable riparian buffer impacts and nutrient load reduction requirements.
When combining the Cloud and Banner Stream and Wetland Mitigation Bank with the Cloud and
Banner Buffer Mitigation and Nutrient Offset Bank, the conservation easement will total
approximately 59.76 acres and includes a portion of Back Creek and four unnamed tributaries
that drain to Back Creek. The Parcel is located in an area dominated by forest and agriculture
with pockets of low-density residential areas (Figure 3). Current land use within the project
ranges from managed, regularly harvested hay to forested communities. The project area still
Cloud and Banner Bank Parcel Development Plan 1 May 2019
retains fencing from past livestock grazing and impacts from historical ditching. Historical land
use has resulted in degraded water quality and unstable channel characteristics throughout the
project area.
Back Creek is the main hydrologic feature in the Project. There are also four unnamed tributaries
and seven wetland areas included in the Project (Figure 3). The five tributaries on the project site
are referred to as UT2, UT4, UT5, UT6, and Back Creek. Stream identifications and buffer
viability determinations were verified by the DWR site visit on June 21, 2016. Correspondence
regarding this determination is in Appendix B.
Under the Cloud and Banner Nutrient Offset and Buffer Bank, proposed activities involve
restoring and preserving riparian buffer areas adjacent to mitigated streams onsite (Figure 4;
Appendix B). Riparian Buffer and/or Nutrient credit generation zones will not be used for the
generation of any other credit type (i.e. the same square foot of buffer cannot be used to generate
wetland credit, nutrient offset credits or state buffer credits). Under this BPDP, the Project will
generate Riparian Buffer and/or Nutrient credit within two dedicated zones from the edge of the
bank: the 0 to 50 foot -wide zone of buffer perpendicular landward; and the 151-200 foot -wide
zone of buffer perpendicular from the top of the bank. The zone 51-150 feet from the top of bank
will be claimed for additional stream credit in the Cloud and Banner Stream and Wetland
Mitigation Bank (Figure 5) and is not double -counted under this program. The Cloud and Banner
Stream and Wetland Mitigation Bank will also restore wetlands and generate wetland credits on-
site; therefore, any area where wetland credits are proposed will also be excluded from the
dedicated Riparian Buffer and/or Nutrient credit generation zones. There will be no overlap in
the Riparian Buffer and/or Nutrient bank credit areas, wetland credit areas, and buffer areas
dedicated for additional stream credit generation (Figure 6).
The bank parcel will be placed under a 59.76 -acre permanent conservation easement. Within the
easement, 4.35 acres will be restored for riparian buffer credit, 0.17 acre will be restored for
nutrient offset credit, and 11.64 acres will be preserved. According to 15A NCAC 02B.0295(o)(4)
and (5), "the area of preservation credit within a buffer mitigation site shall comprise of no more
than 25% of the total area of buffer mitigation". As the total area of buffer restoration accounts
for 4.52 acres, the total credits that could be generated from the preservation area will not exceed
1.45 acres.
2 PROJECT AREA — EXISTING CONDITIONS
2.1 Physiography
The Project is located within the Piedmont Physiographic region, specifically within the Southern
Outer Piedmont Ecoregion. The physiography of the ecoregion is mostly characterized by hills,
ridges and irregular plains. Streams generally have a low to moderate gradient with cobble, gravel,
and sandy substrates. Elevations range from 528 to 561 feet above mean sea level (NAD 27)
Cloud and Banner Bank Parcel Development Plan 2 May 2019
based upon USGS topographic mapping (Figure 7). A portion of Back Creek and four unnamed
tributaries to Back Creek are established on the Cloud and Banner Bank Parcel.
Back Creek has been classified as Water Supply -II (WS -II), High Quality Waters (HQW), and
Nutrient Sensitive Waters (NSW). Waters classified as WS -II are sources of water supply for
drinking, culinary, or food processing purposes where a WS -I, II or III classification is not
feasible. These waters are also protected for Class C uses. WS -II waters are generally in
predominantly undeveloped watersheds. All WS -II waters are HQW by supplemental
classification. Nutrient Sensitive Waters (NSW) is a supplemental classification intended for
waters needing additional nutrient management due to being subject to excessive growth of
microscopic or macroscopic vegetation (NCDWQ 2019). Natural drainage patterns throughout
the watershed have been altered by agricultural production, agricultural ponds, and dredging of
the channels. Within the proposed mitigation area, the channels drain surface water and
groundwater from the surrounding hayfields.
2.2 Soils
The current Alamance County Soil Survey shows nine soil map units across the project. Project
soil map units (of various slopes and modified regimes) are mapped by the NRCS as Chewacla
loam, Cullen clay loam, Helena sandy loam, Riverview loam, Rowan -Poindexter complex, and
Vance sandy loam (Table 1; Figure 8). All units are well drained except for Chewacla loam,
which is somewhat poorly drained, and Helena sandy loam, which is moderately well drained.
Table 1. Mapped Soil Units within Project Limits
Map
Hydric
Hydrologic
Landscape
Unit
Map Unit Name
Components
Drainage Class
Soil Group
Setting
S
Symbol
within Unit
ChA
Chewacla loam, 0 to 2 percent
5%
Somewhat
B/D
Floodplain
slopes, frequently flooded
p orly drained
CnC2
Cullen clay loam, 6 to 10 percent
0%
Well drained
B
Interfluves
slopes, moderately eroded
CnD2
Cullen clay loam, 10 to 15 percent
0%
Well drained
B
Interfluves
slopes, moderately eroded
HeB
Helena sandy loam, 2 to 6 percent
0%
Moderately
D
Interfluves
slopes
well drained
RvA
Riverview loam, 0 to 2 percent
0%
Well Drained
B
Floodplain
slopes, occasionally flooded
RxE
Rowan -Poindexter complex, 15 to 45
0%
Well Drained
B
Interfluves
percent slopes
VaB
Vance sandy loam, 2 to 6 percent
0%
Well Drained
C
Interfluves
slopes
VaC
Vance sandy loam, 6 to 10 percent
0%
Well Drained
C
Interfluves
slopes
VaD
Vance sandy loam, 10 to 15 percent
0%
Well Drained
C
Interfluves
slopes
Cloud and Banner Bank Parcel Development Plan 3 May 2019
2.3 Existing Riparian Conditions
Current land use in the vicinity of the project is primarily agricultural hay production and
disturbed riparian buffer. Current site conditions demonstrate significant habitat degradation as a
result of impacts from agriculture, ditching, and historic land uses
The site viability letter from DWR in Appendix B provides details on land -uses within the
riparian areas on the site. There have been no significant changes to the site since our site viability
assessment in 2016, as seen in Existing Condition site photographs taken in April 29, 2019 and
included in Appendix E.
The riparian zones around Back Creek and the project tributaries are primarily young deciduous
forest composed of sweetgum (Liquidambar styraciflua), boxelder (Acer negundo), green ash
(Fraxinus pennsylvanica), winged elm (Ulmus alata) and common persimmon (Diospyros
virginiana). Within existing wetland areas, vegetation is primarily a young deciduous forest with
a sparse shrub layer of winged elm and common persimmon. Herbaceous vegetation includes
harvestlice (Agrimonia parviflora), shallow sedge (Carex lurida), and fox sedge (Carex
vulpinoidea) with scattered common rush (Juncus effuses) and wild garlic (Allium vineale). In the
ditches and lower ponded areas, vegetation is shrub -shrub consisting of common button bush
(Cephalanthus occidentalis), black willow (Salix nigra), and common rush (Juncus effusus). The
majority of the wetland restoration areas are entirely within active agricultural hayfields
containing grasses and sedges and lacking woody vegetation. Species include shallow sedge, fox
sedge, common rush, spring flowering Atamasco lily (Zephyranthes atamasca), various pasture
grasses and other forbs.
The streams within the Parcel limits including Back Creek and the four unnamed tributaries are
described below. All project reaches are subject to the Jordan Water Supply Buffer Protection
Rule 15A NCAC 02B.0267 and are therefore being proposed to generate buffer restoration and
preservation mitigation credit under 15A NCAC 02B.0295(n) and (o)(5) (Appendix B).
Back Creek — Back Creek has a moderately wide floodplain within the Parcel and is surrounded
by rolling upland slopes and ridges. Back Creek has a drainage area of 14.52 square miles (9,291
acres), and flows northeast to southwest through the project area, past confluences with UT2,
UT4, UT5, and UT6, to NC Highway 119 before discharging into Stagg Creek and eventually,
Quaker Creek Reservoir. The reach is approximately 4,880 linear feet within the Parcel. The
channel buffers have been degraded leading to localized bank erosion and mass wasting.
UT2 — UT2 has a drainage area of 0.08 square miles (51 acres) and flows south through an
existing 15 -inch -wide corrugated metal pipe at a stream crossing before coming to a confluence
with Back Creek. The reach is 883 linear feet. The riparian buffer has a limited width and is
primarily comprised of young softwood vegetation. The channel pattern has seen significant
anthropogenic modification including straightening and dredging.
Cloud and Banner Bank Parcel Development Plan 4 May 2019
UT4 — UT4 has a drainage area of 0.11 square miles (73 acres) and flows north from existing
wetlands through an existing 18 -inch -wide corrugated metal pipe at a stream crossing to a
confluence with Back Creek. The reach is 852 linear. The riparian buffer has a limited width and
is primarily comprised of young softwood vegetation. The channel pattern has seen significant
anthropogenic modification including straightening and dredging.
UT5 — UT5 has a drainage area of 0.24 square miles (155 acres) and flows north from an existing
impoundment through a ford crossing to a confluence with Back Creek. The riparian buffer has a
limited width and is primarily comprised of young softwood vegetation. The reach is 726 linear
feet. The channel pattern has seen significant anthropogenic modification including straightening
and dredging.
UT6 — UT6 has a drainage area of 0.05 square miles (32 acres) and flows south from NC Highway
119 through an existing wetland to a confluence with Back Creek. The reach is 702 linear feet.
The riparian buffer is primarily comprised of young hardwood vegetation.
2.4 Wetlands
The United States Fish and Wildlife Service (USFWS) National Wetland Inventory Map (NWI)
depicts several areas of potential wetland areas within the project bounds (Figure 9). A
delineation of existing wetlands was performed on April 2017, and an additional area was
delineated in July 2018. The delineation was performed using current methodology outlined in
the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual (Environmental Laboratory
1987) and Regional Supplement to the U.S. Army Corps of Engineers Wetland Delineation
Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0) (U.S. Army Corps of Engineers
2010). Six Jurisdictional Wetland areas are present (Table 2; Figure 3) on-site.
Table 2. Existing Wetland Resources Summary at Cloud and Banner Mitigation Site
* Classification is based upon current conditions.
Three wetlands (WA, WB, and WF) extend offsite; however, the areas given in Table 2 represent
only the extent of these features within the easement limits. Offsite extents of these features were
not delineated or accounted for in this report. The Understory vegetation within the wetland areas
was made up of Japanese Honeysuckle (Lonicera japonica), green brier (Smilax laurifolia),
muscadine (Vitis rotundifolia), poison ivy (Toxicodendron radicans), giant cane (Arundinaria
Cloud and Banner Bank Parcel Development Plan 5 May 2019
Est. amount
Type of aquatic resource
Class of aquatic resource
Latitude
Longitude
Site
of aquatic
(i.e., wetland vs. non-
Geographic authority to
(decimal
(decimal
Number
degrees)
degrees)
resource in
wetland waters)
which the aquatic resource
review area
Cowardin Class*
may be" subject
WA
36.142123
-79.272004
7.26 acres
wetland-PFO1Bd
Section 404
WB
36.143338
-79.269113
0.67 acres
wetland-PFO1Bd
Section 404
WC
36.145605
-79.269129
0.54 acres
wetland-PEM1Bd
Section 404
WD
36.145534
-79.271156
1.28 acres
wetland-PFO1Bd
Section 404
WE
36.142131
-79.275068
1.19 acres
wetland-PFO1Bd
Section 404
WF
36.144819
-79.272744
0.22 acres
wetland-PFO1Bd
Section 404
Total
18.04 acres
* Classification is based upon current conditions.
Three wetlands (WA, WB, and WF) extend offsite; however, the areas given in Table 2 represent
only the extent of these features within the easement limits. Offsite extents of these features were
not delineated or accounted for in this report. The Understory vegetation within the wetland areas
was made up of Japanese Honeysuckle (Lonicera japonica), green brier (Smilax laurifolia),
muscadine (Vitis rotundifolia), poison ivy (Toxicodendron radicans), giant cane (Arundinaria
Cloud and Banner Bank Parcel Development Plan 5 May 2019
gigantean), Nepalese browntop (Microstegium vimineum), and common rush. Midstory
vegetation consisted of Chinese privet (Ligustrum sinense), Sawtooth blackberry (Rubus
argutus), American holly (Ilex opaca). The overstory vegetation consisted of red maple (Acer
rubrum), sweetgum, tulip poplar (Liriodendron tulipifera), and laurel oak (Quercus laurifolia).
A jurisdictional determination request was sent to the United States Army Corps of Engineers on
June 12, 2017. Delineated wetlands have been field verified by Samantha Dailey of the Corps of
Engineers during a site visit on July 18, 2017.
2.5 Threatened and Endangered Species
Plants and animals with a federal classification of endangered or threatened are protected under
provisions of Sections 7 and 9 of the Endangered Species Act of 1973, as amended. The US Fish
and Wildlife Service (USFWS) database (updated 26 March 2018) lists one endangered species
for Alamance County, North Carolina. The Cape Fear shiner (Notropis mekistocholas) is
currently listed as endangered but the "Range by Basin" shows the species' range in the very
southern portion of Alamance County more than 10 miles away from the Project. The Bald eagle
(Haliaeetus leucocephalus) is protected under the Bald and Golden Eagle Protection Act (BGPA)
and prohibits take of bald and golden eagles. No protected species or potential habitat for
protected species was observed during preliminary site evaluations. A summary of federally -
protected species in Alamance County is included in Table 3.
Table 3. Federally Protected Species in Alamance County
Common Name
Scientific name
Federal Status
Habitat Present
Record Status
Bald eagle
Haliaeetus leucoce halus
BGPA
No
Current
Cape Fear shiner
Notro is mekistocholas
E
No
Current
BGPA = Bald and Golden Eagle Protection Act, E = Endangered
In addition to the USFWS database, the NC Natural Heritage Program (NHP) GIS database was
consulted to determine whether previously cataloged occurrences of protected species were
mapped within one mile of the project. Results from NHP indicate that there are no known
occurrences of state threatened or endangered species within a one -mile radius of the project area.
Based on initial investigations, no impacts to state protected species are anticipated as a result of
the proposed project.
The proposed project offers some potential to improve and create habitat for wild species. Habitat
may be improved or created for species that require riverine habitat by improving water quality,
in -stream and near -stream forage, and providing stable conditions not subject to regular
maintenance. The project will also create upland and wetland forested habitat for terrestrial
species. The decision phase of the project will include USFWS coordination to confirm these
findings. The USFWS agreed with the findings that minimal adverse impacts to fish and wildlife
resources is expected from this Project. Documentation of this finding is found in Appendix B.
Cloud and Banner Bank Parcel Development Plan 6 May 2019
2.6 Environmental and Cultural Constraints
Environmental and cultural resources include historic and archeological resources located in or
near the project parcel. RES completed a preliminary survey of cultural resources to determine
potential project impacts. A review of the North Carolina State Historic Preservation Office
(SHPO) GIS Web Service database revealed no historic sites within a half mile of the proposed
project area. In a letter dated August 12, 2016 the SHPO stated that they had "conducted a review
of the project and are aware of no historic resources which would be affected by the project."
Correspondence is provided in Appendix B.
2.7 Federal Emergency Management Agency (FEMA) Floodplain/Floodway Mapping
Inspection of the FEMA Flood Insurance Rate Map indicates that a majority of Back Creek and
associated floodplains are located within a Zone AE flood area, with significant portions of the
project located within the FEMA floodway. Back Creek is named East Back Creek in the FEMA
Flood Insurance Study. It is a FEMA Limited Detailed Studied Stream and is subject to all
applicable floodplain development permitting requirements (Figure 10). A hydrologic analysis
will be completed on the existing and proposed conditions of this reach. A No -Rise condition and
permit are the anticipated results of this analysis.
3 RIPARIAN RESTORATION AND PRESERVATION PLAN
The goal of the Project is to restore ecological function to the existing stream and riparian buffer
by establishing appropriate stream buffer plant communities where absent and enhancing buffers
where minimal vegetation exists, as well as to protect these buffers and stream function into
perpetuity. The buffered channels will provide water quality and habitat functions within the Haw
River Subwatershed of Jordan Lake, such as nutrient and sediment removal, filtration of runoff
from nearby agricultural fields, and improved aquatic and terrestrial habitat. The current land uses
adjacent to the streams purposed for buffer restoration and preservation are primarily composed
of active agricultural hay production and forested cover.
Riparian restoration and preservation proposed under this BPDP are shown in Figure 4, and were
approved by the DWR in their letter dated August 17, 2016 attached in Appendix B. All riparian
restoration and preservation buffer mitigation activities along channels will occur within two
dedicated zones from the edge of the bank: the zero to 50 foot -wide zone of buffer perpendicular
from the top of bank; and the 151 to 200 foot -wide zone of buffer perpendicular from the top of
the bank. The zone 51 to 150 feet from the top of bank will be claimed for additional stream credit
in the Cloud and Banner Stream and Wetland Mitigation Bank. The Cloud and Banner Stream
and Wetland Mitigation Bank will also restore wetlands and generate wetland credits on-site;
therefore, any area where wetlands are proposed will also be excluded from the dedicated Riparian
Buffer and/or Nutrient credit generation zones. There will be no overlap in the Riparian Buffer
and/or Nutrient bank credit areas, wetland credit areas, and buffer areas dedicated for additional
stream credit generation (Figure 6).
Cloud and Banner Bank Parcel Development Plan 7 May 2019
Before beginning construction, RES will ensure that permitting scenarios are completed. RES
obtained Clean Water Act (CWA) Section 404 permit approval in April 2019, and has submitted
or will submit applications for a CWA Section 401, a North Carolina Department of
Environmental Quality Erosion and Sediment Control permit, and a FEMA no -rise condition and
permit.
3.1 Parcel Preparation
Preparation within the Parcel will involve treatment for exotic invasive species, contoured
ripping, and seeding and planting. Stabilization and implementation of dispersal techniques will
be utilized where surface flows have become concentrated to minimize the chances of non -diffuse
flow. A combination of silt fencing, erosion control wattles, temporary seeding, and erosion
control matting will be used to reduce erosion and stabilize soil in riparian areas during any land
disturbance activities. These erosion control measures shall be inspected and properly maintained
at the end of each working day to ensure measures are functioning properly until permanent
vegetation is established. Disturbed areas shall be temporarily seeded within ten working days
and upon completion of final grading, permanent vegetation shall be established for all disturbed
areas. Any topsoil that is removed during construction will be stockpiled and reserved for final
site soil preparation. After construction activities, the subsoil will be scarified and any compaction
will be deep tilled before the topsoil is placed back over the site. This process should provide
favorable soil conditions for plant growth. Temporary and permanent riparian seeding shall be
done in accordance with the erosion control plan. Bare root plantings and live stakes shall be
planted according to the planting plan.
All riparian restoration and preservation activities will commence in concurrence with the stream
and wetland mitigation activities and not before. Therefore, the mitigation area where riparian
restoration is being performed may be altered slightly depending on the approval of the Stream
and Wetland Mitigation Plan for the Stream and Wetland Mitigation Bank. The riparian
restoration areas will be surveyed, and information will be provided in the As -Built report.
3.2 Riparian Restoration Activities
Buffer restoration is proposed along Back Creek, UT2, UT4, and UT5 in accordance with the
Consolidated Buffer Mitigation Rule 15A NCAC 02B.0295(n) (Figure 4). Stream Restoration
will address existing impairments including floodplain dislocation, bank erosion, nutrient input,
and buffer degradation. The stream design approach will include meandering the proposed
channels within the natural valley. Within the easement, riparian restoration areas will be planted
from top of bank back at least 50 feet, to a maximum of 200 feet from the stream with bare root
tree seedlings on an 8 by 8 -foot spacing to achieve an initial density of 680 trees per acre. As
previously described, zones dedicated to wetland restoration and additional stream credit
generation will not generate any Riparian Buffer or Nutrient Offset credit.
Cloud and Banner Bank Parcel Development Plan 8 May 2019
3.3 Riparian Preservation Activities
Buffer preservation is proposed along Back Creek, UT2, UT4, UTS, and UT6 in accordance with
the Consolidated Buffer Mitigation Rule 15A NCAC 02B.0295(o)(5) (Figure 4). Documentation
of the site meeting the requirements of 15A NCAC 02R .0403(c)(7)(8) and (11) is provided in
Appendix C. Preservation activities will consist of permanently protecting the buffer from
cutting, clearing, filling, grading, and similar activities that would affect the functioning of the
buffer. 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 the rest of the area will
be protected in the conservation easement and not applied for credit. Furthermore, buffer
preservation can only generate Riparian Buffer mitigation credit and is not transferrable to
nutrient offset credits.
3.4 Planting Plan
Revegetation of the site where riparian restoration is being performed will meet the performance
standards outlined in the Rule 15A NCAC 02B.0295. This includes treating invasive species
growth and planting at least 4 native hardwood bare root trees planted at a density to ensure a
density of 260 stems per acres at the completion of monitoring. No one tree species will be greater
than 50% of the established stems. Vegetation within riparian buffers can vary depending on
disturbance regime and adjacent community types, so the protected buffer easement will be
planted with appropriate native species observed in the surrounding forest and species known to
occur in similar environments. Piedmont Bottomland/Swamp Forest will be the target community
type for the wetland restoration and enhancement areas onsite, and Piedmont Alluvial Forest and
will be the target for stream riparian areas onsite (Schafale, 2012). The initial planting of bare
root trees will occur between November 2019 and March 2020, or during stream restoration work,
whichever comes last. Tree species specified for planting on the Cloud and Banner Project are
shown in Table 4.
Table 4. Cloud and Banner Site Tree Planting List
Cloud and Banner Bank Parcel Development Plan 9 May 2019
Planting Zone 1- Piedmont Bottomland/Swamp Forest
Acres- 15.61
Common Name
Scientific Name Spacing
Unit Type
% Composition
Americansycamore
Platanus occidentalis 9x6
Bare Root
15
Green ash
Fraxinus pennsylvanica 9x6
Bare Root
15
Hackberry
Celtis laevi ata 9x6
Bare Root
15
Willow oak
Quercus phellos 9x6
Bare Root
15
River birch
Betula nigra 9x6
Bare Root
15
Overcup oak
Quercus Z rata 9x6
Bare Root
15
Swamp chestnut oak
Quercus michauxii 9x6
Bare Root
10
Planting Zone 2- Piedmont Alluvial Forest
Acres- 8.25
Common Name
Scientific Name Spacing
Unit Type
% Composition
Tulip poplar
Liriodendron tuli i era 9x6
Bare Root
15
Americansycamore
Platanus occidentalis 9x6
Bare Root
15
Hackberry
Celtis laevi ata 9x6
Bare Root
15
Willow oak
Quercus phellos 9x6
Bare Root
15
Cloud and Banner Bank Parcel Development Plan 9 May 2019
Swamp chestnut oak
Quercus michauxii
9x6
Bare Root
10
Silky dogwood
Cornus amomum
9x6
Bare Root
10
Persimmon
Diospyros vir iniana
9x6
Bare Root
10
Paw Paw
Asimina triloba
9x6
Bare Root
10
3.5 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 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 that 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 DWR.
4 MONITORING AND MAINTENANCE PLAN
4.1 Monitoring Protocol and Success Criteria
Riparian buffer vegetation monitoring will be based on the CVS-EEP 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 (5) years and will be conducted during the fall season with the
first year occurring at least 5 months from initial planting. As part of the stream and wetland
mitigation plan, 19 monitoring plots will be installed a minimum of 100 m2 in size in the planted
area (23.17 ac) and will cover at least two percent of the planted mitigation area for the Stream
and Wetland Mitigation Bank. At least six fixed plots will be located inside the Riparian Buffer
crediting areas, and at least six fixed plots will be placed within areas where RES is seeking
additional stream credit for wider buffers. Four plots will be randomly placed each year
throughout the planted riparian buffer mitigation and nutrient offset areas (Figure 11). The
following data will be recorded for all planted and volunteer trees in the plots: species, height,
planting date (or volunteer), and grid location. All stems in plots will be flagged with flagging
tape. Photographs will be taken at established monitoring stations each monitoring year. Visual
inspection reports and photographs will be provided in the annual reports to ensure that
enhancement areas are being maintained and compliant. 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% of the established stems, established at a density of at least 260 planted trees
per acre at the end of Year 5. Desirable native volunteer species may be included to meet the
performance standards as determined by DWR. Invasive and noxious species will be monitored
and treated so that none become dominant or alter the desired community structure of the site.
RES will monitor the stream and wetland mitigation bank for a minimum of seven years, or until
release by IRT approval. Therefore, plots placed within riparian restoration areas that are outside
Cloud and Banner Bank Parcel Development Plan 10 May 2019
of the mitigation area for buffer credits will be monitored in accordance with the monitoring
protocol in the Cloud and Banner Stream and Wetland Mitigation Plan.
4.2 Adaptive Management Plan and Parcel Maintenance
Adaptive measures will be developed, or appropriate remedial actions taken if in the event that
the site, or a specific component of the site, fails to achieve the defined success criteria. Remedial
actions will be designed to achieve the success criteria specified in this BPDP, and will include
identification of the causes of failure, remedial design approach, work schedule, and monitoring
criteria that will take into account physical and climatic conditions.
Initial plant maintenance may include a one-time mowing, prior to initial planting to remove
undesirable species. If mowing is deemed necessary by RES during the monitoring period, RES
must receive approval by the DWR prior to any mowing activities to ensure that no buffer
violations have been performed. Failure to receive approval to mow within the Jordan Lake
buffer, as defined in 15A NCAC 02B.0267, by the DWR could result in Jordan Lake buffer
violations and violations of the conservation easement. If necessary, RES will develop a species-
specific control plan.
4.3 Long Term Management Plan
EBX, LLC acting as the Bank Sponsor, will record a Conservation Easement with the Alamance
County Register of Deeds' Office for this site. The Conservation Easement will be assigned to
Unique Places to Save (UP2S). All monitoring activities, including periodic inspections of the
site to ensure that restrictions required in the Conservation Easement are upheld, are the
responsibility of EBX, LLC until the Bank Parcel is transferred to UP2S. Endowment funds
required to uphold the Cloud and Banner Bank Parcel conservation easement in perpetuity shall
be negotiated prior to site transfer to the UP2S.
The Bank Sponsor will ensure that the Conservation Easement has allowed for the
implementation of an initial monitoring phase, which will be developed during the design phase
and conducted by the Bank Sponsor. The Conservation Easement will allow for yearly monitoring
and, if necessary, maintenance of the Parcel during the initial monitoring phase. These activities
will be conducted in accordance with the terms and conditions of the RES Cloud and Banner
Riparian Buffer and Nutrient Offset MBI made and entered into by EBX, LLC and DWR.
5 FINANCIAL ASSURANCE
The Sponsor will provide financial assurances in the form of Performance Bonds sufficient to
assure one -hundred percent (100%) completion of all mitigation work, required reporting and
monitoring, and any remedial work required. Financial assurances will be payable at the direction
of the DWR to its designee or to a standby trust. Financial assurances structured to provide funds
to the DWR in the event of default by the Bank Sponsor are not acceptable. The initial
performance bond will be in the amount of at least $150,000 and shall be able to cover 100% of
Cloud and Banner Bank Parcel Development Plan 11 May 2019
the costs associated with construction of the riparian restoration areas. The monitoring bond shall
be in the amount of at least $100,000 and shall be able to cover 100% of the costs associated with
the monitoring and maintenance of the riparian restoration areas for five years.
Performance bonds for monitoring shall be renewed to cover each year's 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.
6 NUTIGATION POTENTIAL
The Project presents 59.76 acres of permanent conservation easement in Alamance County, North
Carolina. While this easement also encompasses areas for the Cloud and Banner Stream and
Wetland Mitigation Bank, the purpose of the Project is to generate Haw River Subwatershed of
Jordan Lake Riparian Buffer and Nutrient Offset credits. A conservation easement and final
recorded plat are provided in Appendix D.
There are two dedicated Riparian Buffer and Nutrient credit generation zones within the overall
buffer area: the first will begin at the most landward limit of the top of bank or the rooted
herbaceous vegetation and extend landward to a distance of 50 feet. The second zone begins at
151 feet and extends landward to 200 feet from the top of bank. The zone (51 to 150 feet from
top of bank) between the first and second Riparian Buffer and/or Nutrient Credit generating zones
is dedicated to stream credit generation. There are also wetland restoration areas proposed within
the easement that will be excluded from the dedicated Riparian Buffer and/or Nutrient bank credit
areas. There will be no overlap in the Riparian Buffer and/or Nutrient bank credit areas, wetland
credit areas, and buffer areas dedicated for additional stream credit generation (Figure 6).
This Bank has the potential to generate approximately 3.72 acres (161,956 ft2) of riparian buffer
restoration credits on existing non -forested hayfields, and 0.15 acre (6,534 ft2) of buffer
preservation credits. There will be 0.17 acres of nutrient offset that are viable for buffer restoration
credits in accordance with 15A NCAC 02B.0240. The riparian buffer mitigation credits generated
will service Jordan Lake buffer impacts within the Haw River Subwatershed of Jordan Lake. The
nutrient offsets generated will service nutrient load reduction requirements where payments are
authorized in 15A NCAC 02B.0240 within the Haw River Subwatershed. The Sponsor will
maintain four credit ledgers. One ledger will account for Riparian Buffer Restoration credits, one
ledger will account for buffer Preservation credits, one ledger will account for Nitrogen nutrient
offset credits, and one will account for Phosphorus nutrient offset credits. All mitigation credit
assets shall be shown on these credit ledgers. The total potential mitigation credits that the Cloud
and Banner Bank will generate are summarized in Tables 5 and 6; Figure 4.
Cloud and Banner Bank Parcel Development Plan 12 May 2019
Table 5. Cloud and Banner Bank Parcel Riparian Buffer Credit Summary
Riparian
Credit Type
Mitigation
Existing
Used
Ratio
% Full
Mitigation
Zone
Credit per
Type
Acreage
Acreage
Zone Credit Type
Credit
Assets
Acre
Riparian
Restoration
3.41
3.41
1:1
100%
3.41 ac (148,409.00 sqft)
Buffer
lbs/30yrs)
151-200' Nitrogen
Restoration
0.17
2,249.36
382.39
0-50'
Riparian
Preservation
10.79
1.45*
10:1
100%
0.15 ac (6,315.33 sqft)
4.40
Buffer
0.17
51-150'
Stream or
--
--
--
--
--
Wetland
Riparian
Restoration
0.94
0.94
1:1
33%
0.31 ac (13,546.83 sqft)
Buffer
151-200'
Riparian
Preservation
0.55
0.00*
10:1
33%
0.00 ac (000.00 sqft)
Buffer
Total Restoration
4.35
4.35
3.72 ac (161,955.83 sqft)
0.15 ac (6,315.33 sqft)
Total Preservation
11.34
1.45
includes ratios & reductions
*No more than 25 percent of the total area of butler mitigation will be used for preservation credit pursuant to 15A NCAC 0295(o)(5) and 15A
NCAC 0295(o)(4) and the rest of the area will be protected in the conservation easement and not applied for credit.
Table 6. Cloud and Banner Bank Parcel Nutrient Offset Credit Summary
Table 7. Alternative Crediting Scenario for Nutrient Credit Conversion to Buffer Credit
Nutrient Offset
Credit
Nutrient Offset Credit
Credit Type
Mitigation Existing
Type Acreage
Used
Acreage Ratio
% Full Mitigation
Credit Assets
Mitigation
Existing
Credit per
Generated
Delivery
Delivered
Zone Credit Type
Type
Acreage
Acre
Credits
Factor
Credits
lbs/ac
lbs/30yrs)
151-200' Nitrogen
Restoration
0.17
2,249.36
382.39
36%
137.66
151-200' Phosphorus
Restoration
0.17
143.81
24.45
18%
4.40
Total
0.17
Table 7. Alternative Crediting Scenario for Nutrient Credit Conversion to Buffer Credit
Nutrient Offset
Credit
Zone
Credit Type
Mitigation Existing
Type Acreage
Used
Acreage Ratio
% Full Mitigation
Credit Assets
151-200'
Nitrogen
Restoration 0.17
0.17 1:1
33% 0.06 (2,443.72 sqft)
Total 0.17
*The data presented in this table represent the credit potential of the proposed nutrient credits, were they to be
converted to riparian buffer credits.
The Sponsor may use the credits generated on the non -forested hayfields for Jordan Lake Riparian
Buffer Mitigation or Nutrient Offsets, but not both. All applicable ratios must be accounted for
when converting from nutrient offset to buffer. 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 offset 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.
Cloud and Banner Bank Parcel Development Plan 13 May 2019
7 REFERENCES
Environmental Laboratory. (1987). "Corps of Engineers Wetlands Delineation Manual,"
Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg,
MS
Federal Emergency Management Agency (FEMA). 2006. FEMA Flood Insurance Rate Map:
Panel 3710981600K. https://msc.fema.gov/portal/search. (February 2019).
FEMA. 2006. FEMA Flood Insurance Rate Map: Panel 3710982600L. htlps://msc.fema.gov
/portal/search. (February 2019).
FEMA. 2007. FEMA Flood Insurance Rate Map: Panel 3710981700J. htlps://msc.fema.gov
/portal/search. (February 2019).
FEMA. 2007. FEMA Flood Insurance Rate Map: Panel 3710982700K. htlps://msc.fema.gov
/portal/search. (February 2019).
Lee, M.T. et al. 2008. CVS-EEP Protocol for Recording Vegetation, All Levels of Plot
Sampling. Version 4.2. http://cvs.bio.unc.edu/methods.htm. (February 2019).
North Carolina Department of Environment and Natural Resources (NCDNR). 2005. "Cape
Fear River Basinwide Water Quality Plan." Division of Water Quality. https://deq.nc.gov
/about/divisions/water-resources/planning/basin-planning/water-resource-plans/cape-fear-
2005. (February 2019).
NCDNR. 2016. "N.C. Wetland Assessment Method User Manual Version 5." N.C. Wetland
Functional Assessment Team. https://files.nc.gov/ncdeg/Water%20Qualily/Environmental
%20Sciences/ECO/Wetlands/NC%20WAM%20User%20Manua1%20y5.pdf. (February
2019)
North Carolina Department of Environmental Quality. 2019. Nutrient Sensitive Waters and
Special Watersheds. htlps://deg.nc.gov/about/divisions/energy-mineral-land-resources/nsw-
special-watersheds. (February 2019).
North Carolina Office of Administrative Hearings (NCOAH). 2010. Rule 15A NCAC 02B.0240
- Nutrient Offset Payments. htlp://reports.oah.state.nc.us/ncac.asp?folderName=\Title%2015
A%20-%20Environmental%20Qualit, \�pter%2002%20-%20Environmental%20Manage
ment. (February 2019).
NCOAH. 2014. Rule 15A NCAC 02B.0267 - Jordan Water Supply Nutrient Strategy:
Protection of Existing Riparian Buffers. http://reports.oah.state.nc.us/ncac.asp?folderName=
\Title%2015A%20-%20Environmental%20Qualit, \�pter%2002%20-%20Environmental
%20Mana ems. (February 2019).
Cloud and Banner Bank Parcel Development Plan 14 May 2019
NCOAH. 2015.15A NCAC 02B.0295 - Mitigation Program Requirements for the Protection
and Maintenance of Riparian Buffers. http://reports.oah.state.nc.us/ncac.asp?folderName
=\Title%2015A%20-%20Environmental%20Qualit. \�pter%2002%20%20Environmental
%20Management. (February 2019).
North Carolina Department of Natural and Cultural Resources (NCDNCR). 2018. North
Carolina State Historic Preservation Office (SHPO) GIS Web Service. hqp://www.hpo.
ncdcr.gov/. (2018).
NCDNCR. 2018. Natural Heritage Program (NHP) GIS database. https://ncnhde.nature
serve.org/. (2018).
Soil Survey Staff, Natural Resources Conservation Service, United States Department of
Agriculture. Web Soil Survey. htlps://websoilsurvey.sc.egov.usda.gov/. (February 2019).
Schafale, M.P. 2012. Classification of the Natural Communities of North Carolina, Fourth
Approximation. North Carolina Natural Heritage Program, Division of Parks and
Recreation, NCDENR, Raleigh, NC.
U.S. Army Corps of Engineers (USACE). 2010. Regional Supplement to the Corps of
Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version
2.0), ed. J. S. Wakeley, R. W. Lichvar, and C. V. Noble. ERDC/EL TR -10-20. Vicksburg,
MS: U.S. Army Engineer Research and Development Center.
U. S. Fish and Wildlife Service (USWFS). 2018. National Wetlands Inventory website. U.S.
Department of the Interior, Fish and Wildlife Service, Washington, D.C. http://www.fws.
gov/wetlands/. (February 2019).
USFWS. 2018. National Wetlands Inventory website. U.S. Department of the Interior, Fish and
Wildlife Service, Washington, D.C. https://www.fws.gov/raleigh/species/cnlylist/wake.html.
(February 2019).
Cloud and Banner Bank Parcel Development Plan 15 May 2019
Appendix A — Supporting Figures
Figure 1. Service Area
Figure 2. Project Vicinity
Figure 3. Existing Conditions
Figure 4. Conceptual Design Plan for Riparian Buffer Bank
Figure 5. Conceptual Design Plan for Stream and Wetland Mitigation
Figure 6. Buffer Zones
Figure 7. USGS Quadrangle
Figure 8a. Mapped Soils
Figure 8b. Alamance County Soil Survey
Figure 9. National Wetlands Inventory
Figure 10. National Flood Hazard Layer
Figure 11. Monitoring Plan
��J 'r 22P [aO11 f nrij
,I
Fn -Salem
Virg rru@
-� tVc rth C1r�lma
tvi
Yan ceyv II le
Cloud and Banner
Mitigation Project
Hillsborough
'lhcmasvill =
�lherty
Cary
Y 6'1
Ash
4-1
Holly Springs
i
Fuquay-Yarinn
lua
Legend y - ngton
Service Area - HUC 03030002
® Haw River Subwatershed of
the Jordan Lake Watershed
24
Walk
" Figure 1 - Service Area Date: 2/20/2019
W E Cloud and Banner Drawn by: MDE
ies
0 5 10
Mitigation Project Checked by: KAw
Miles Alamance County, North Carolina 1 inch = 10 miles
_ � I
I
I
lip Prospect HILI
�Afarnance - - _CA $we 11
0
i
i
I i$1. -
I C
I 49
Z
p$ '®as v NtiL 49 `I Qcc ee>e4rh-
0
I cj v
Cloud and Banner Cedar Grove
Mitigation Project '' I
l
s I
' I a
I
I
I
Green Level
Golf CIA
I
a � !
Q
yr
Mebane
&.Haw River Alain Si
1
'4
Graham
a
T, ` —
I
Legend
G
Proposed Easement ca
14 -Digit HUC - 03030002030070
�a
" Figure 2 - Project Vicinity Date: 2/15/2019
W E Cloud and Banner Drawn by: MDE
S pi es
0 1 2
Mitigation Project Checked by. KAW
1 inch=2 miles
Miles Alamance County, North Carolina
71
�4kf.
Maw
HD
�HD
HB
Vol
61A
•y �y
r t x
,
res
CPU
Of
nVp
7.j
r .
r i W E
0 150 300
♦ ' r i - „ Feet
-1111,11111,10
Figure 4 - Conceptual Design
Vr Plan for Riparian Buffer Bank
1,. •', r� ' !' iii '�
,
s
� Cloud and Banner
�, . �! ., t.. a ,'.,i`©-. Y - ,. y� , �� --�- - i i 1. �' X19 ' ,• �
i
r� � .: � � �, - � ,�, '•. ,, a ' w '.4 �� Mitigation Site
fa �� _ v l ,fit �`' Alamance County,
North Carolina
+ r
• -- �n ) ' M Y ... , � '..fix ��. r , 1� j. i /� ,�,y {� /�. �gr,,, � �'� /r �� Y � f {A• i���'4 �'� ��
P t J' ;�i y, ": •C.7 �y. V.. 'C? {v - r d 6` -S 's /',P/. .� {'��•µ f Y
ry ," T r i 1j t,ir vA h e t
Date: 5/1/2019 Drawn by: MDE
r. ti Wp Y.. <{; :.s "rJ
- ---
{ �kY Checked by: JRM 1 in= 300 feet
�«_'7it
'ice �'•+�Legend
�l
-' I' _ ' ' •:"��. � _� -fi !�� •., '-;' � - � _.,_;. �7 ,firs 'r- - .. _ "Y ' i,�'�' f.,e�,, �'.. •kit � a ' 4'."• 1�,
[:]Proposed Easement
Proposed Top of Bank
r �
_ y Wetland Mitigation
4' j _.g •` ,�.. y.. .r�•, !�{ y 1 rf .r
t
-44 � `4: `h.41 „t Vegeation Plot Within
Buffer Mitigation Area
� � ,. ''! i $ y � -+ ' , , r � . n., �dl' yY„ [ - � .� f .fit y ,1! v-Pi•'rD�:+l '+� Y! I
ti z1G �11r<: wl. sytr t';'? FXC ;�! i •r r� ) .,
vegetation Plot Outside
Mitigation Area
,, As-'YIrNt. , ' 11 ' +� 7 `•i . t'�'..
,`. � � r..,� x. ".ate ,.��.. � �,
r ,"
L dr ids, 2:t '� !'' T !j , r :� A. Stream Credit for
Additional Buffer
c ,:. )%. t L is IT 71 "ttl"Y'R i. a; x tr -
k71; , t y� (51 150')
+� _,f �.Y•:. ' ,;r,k i r, ')a� -}" ;, i1 A r" f r;.} ter' *• e Back Creek Not In
Easement
- x1r
Buffer
r Mitigation
r
•, � �, �'
Riparian Buffer Credit
-.p
Q Restoration (0-50')
VPRiparian Credit Type Mitigation Type Existing Area Used Credit Per Ratio r Full
Mitigation Assets
zone Acreage (fe) Acreage* Acre(it') Credit ® Restoration (151-200')
Riparian Buffer Restoration 3.41 148,409 3.41 43,560 1.1 100% 3.41 ac (148,409.00 sgft)
.. i� y-,•'. t _,.y`41 'I Dt 0-50' Riparian Buffer Preservation 10.79 469,797 1.45 43,560 101 100% 0.15 ac (6,315.33 sgft) Q Preservation (0-50')
51-150' stream or Wetland
® Preservation (151-200')
Riparian Buffer Restoration 0.94 41,051 0.94 43,560 1.1 33% 0.31 ac (13,546.83 sgft)
151-zoo' -Nutrient (151-200')
r Riparlan Buffer Preservation 0.55 24,146 0.00 43,560 10:1 1 33% 0.00 ac (000.00 sgft)
Total Restoration 4.35 4.35 3.72 ac (161,955.83 sgft)
0.15 ac (6,315.33 sgft)
+r M, kt. Total Preservation 11.34 1.45
includes ratios &reductions
iN
to 15A NCAC 025 .0295 0 4 and 5 "the area of reservation credit within a buffer mitigation site shall comprise of no more than 25% of the total
`` area ofbuffer mitigation".
!`Frit.Kp,;' ✓ fir''rt.. f" only 1.4 forpres
- ' Therefore 5 ac is allowable evation credit.
Nutrient Offset
Zone Mitigation Type Credit Type Existing Credit Per Acre Generated Delivery Delivered Credits
Acreage (lbs/ac) Credits Factors (lbs/30yrs)
Restoration hoNitrogen 0.17 2,249.36 382.39 36% 137.66
151-200' Riparian Resration Psphorus 0.17 143.81 24.45 18%
Fr 4.40
IMF- ..
to
.,C4��YyR � R r .� f,.. ['r �• a T : •j�" Y Z� Iq •' - 1, +�•� - _ u r.� '�Ya _ fi - 1 �j _.�
iF-K `Y. �" 'i�'� _�•� L F. te3i i. �^1 _ �� >�'+rk �P � �- � � ,
yI
e
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oo _— fir, 4
rG e.
lA
oo
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it .d
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dp , ,`� `�,I •�' • a•^iE'r �� ,�a �, 'r�M _ ,� , �'F wd���' -` ``�`,�V+'i1.F � twpA.
f. �.: �e",��•3'f.. .-C t3f �-' .''y�y�y y�r? � ' ��"" R�r Pt �4, f }�9
i ro' 'r -s +i. 'k.` .� •�. ' n 1' .�3 1'-'"5 �T', � .r 'fie �`.�-.:�..
s
' ;: � T..�; i a ,•'�' - .: - '; ,fJ �Wv �* t � a R ,�.+RYa�IJ *� ry Ctl � .
y
a HIM
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rfi
TEE I
nWR Rinnrinn Miffnr
Non -Standard Buffer
Width Credit Areas
* For Reference Only
fires
N
E
�N
s
0 200 400
Feet
Figure 6 - Buffer Zones
Cloud and Banner
Mitigation Site
Alamance County,
North Carolina
Date: 2/20/2019
Checked by: KAW
Drawn by: MDE
1 in = 400 feet
Proposed
Easement
BPDP Buffer
C� Restoration (0-50')
arR�■w■■Ip�
�L.
a�I1i1
♦fit
BPDP Buffer
Restoration (151-
200')
.
BPDP Buffer
Preservation (0-
50')
BPDP Buffer
Preservation (151-
200')
NSBW Credit Area
(51-150')
Ineligible Credit
Area
arR�■w■■Ip�
�L.
a�I1i1
♦fit
IiuSh rte—r I{ G
p Back Creek
i'- Drainage Area: , --
-- i 9,291 ac
1-j
Drainage Area:
51 ac ' c
�?
r
UT6
Drainage Area:.:
32 ac 1
C -
UT5 a•
Drainage Area: UT4 r'
4 ' 155 ac ••;.�� l Drainage Area:
73 acc sy
-
Legend -
Proposed EasementWA
® Drainage Area
N Figure 7 - USGS Quadrangle Date: 2/20/2019
Burlington NE (1972)
w e Drawn by: MDE
Cloud and Banner
res
o 1,000 2,000
Mitigation Project Checked by:„"
1 inch = 2,000 feet
Feet Alamance Count North Carolina
Legend
Proposed Easement
I Hydric (100%)
F Predominantly Hydric (66-99%)
F' Partially Hydric (33-65%)
Predominantly Nonhydric (1-32%)
L_I Nonhydric (0%)
marc \A/ok
HeB
Map Unit Symbol
Map Unit Name
ChA
Chewacla loam, 0 to 2 percent slopes, frequently flooded
CnC2
Cullen clay loam, 6 to 10 percent slopes, moderately eroded
CnD2
Cullen clay loam, 10 to 15 percent slopes, moderately eroded
HeB
Helena sandy loam, 2 to 6 percent slopes
RvA
Riverview loam, 0 to 2 percent slopes, occasionally flooded
RxE
Rowan -Poindexter complex, 15 to 45 percent slopes
VaB
Vance sandy loam, 2 to 6 percent slopes
Vac
Vance sandy loam, 6 to 10 percent slopes
VaD
Vance sandy loam, 10 to 15 percent slopes
W+�
s
0 200 400
Feet
Figure 8a - Mapped Soils
Cloud and Banner
Mitigation Project
Alamance County, North Carolina
Date: 5/1/2019
Drawn by: MDE
res
Checked by: KAW
1 inch =400 feet
amp
PUBHh 4 ► 1 '
,
i
� 1
PP .Y ' 1 f 4 � •4
tdA
Am V km
.1 � w •.- `ryr� , ,-�+� �, t , ! j P,ji,i 1 � , •,� ,+b�; i�Y � � � '��� �L r - ,p� = :.
�jF,st f 4.i• •• Pt �c� 1 s ;`' sof
li' A �+. ip•�;'
PUBHh � � - '".��' ' �• k � 1j9' ��i -
All, I IR.Vla
_'Pp _ �` � �s • rad. J ' .. ay i `��.�+��(, Vit•
PEM1Ad
PEM1Ad
♦11 7 43 S * rt
PFO1A
Yi
�.�# ,•: ,. � -_ PUBHh ,3:�'4"��tr�"y�+�x � ';'Z(�+`f5�`{' �` s`� t
is
Legend {
Proposed Easement
NWI Wetland (USFWS 10/29/2018)
" Figure 9 - National Wetlands Inventory Date: 5/1/2019
r es
w e Drawn by: MDE
- Cloud and Banner
s Mitigation Project Checked by: KAW
0 200 400
1 inch=400 feet
Feet Alamance County, North Carolina
r
P
1
�r
All, I IR.Vla
_'Pp _ �` � �s • rad. J ' .. ay i `��.�+��(, Vit•
PEM1Ad
PEM1Ad
♦11 7 43 S * rt
PFO1A
Yi
�.�# ,•: ,. � -_ PUBHh ,3:�'4"��tr�"y�+�x � ';'Z(�+`f5�`{' �` s`� t
is
Legend {
Proposed Easement
NWI Wetland (USFWS 10/29/2018)
" Figure 9 - National Wetlands Inventory Date: 5/1/2019
r es
w e Drawn by: MDE
- Cloud and Banner
s Mitigation Project Checked by: KAW
0 200 400
1 inch=400 feet
Feet Alamance County, North Carolina
A
p
AREA �+ F MINIMAL FLC7UD HAZAR � Zone X
,e s
SI ip r
PANEL
3T449817fl4J
eff.3lfi[=24flfi Zane -
I`
PANEL
MIA2,
mill
FI
., y
� ',t{ ' M'.:�r 1 � � � ?` Ct�►f4�i} s '°' ,fit :', � �� ! r
Er�7� F4i is ..J-
ca 90MER l
3r71fl9$1�fl4K AREA DF MINIMAL FLC]�a HAZARD Zar�� x
eff. 1 I !17lr2417
«1,
Note: There will be a total of 19 vegetation plots;
14 fixed vegetation plots, and 5 will be randomly
placed each monitoring year.
Random vegetation plots are not shown in this monitoring plan.
Random plots will vary by location and dimenasion.
Vegetation plot locations are all proposed locations.
fires
N
W E
s
0 150 300
Feet
Figure 11 - Monitoring Plan
Cloud and Banner
Mitigation Project
Alamance County,
North Carolina
Date: 4/24/2019 Drawn by: MDE
Checked by: KAW I 1 in = 300 feet
Legend
Proposed Easement
Proposed Top of Bank
and Mitigation Type
Enhancement (3:1)
Re-establishment (1:1)
Re-establishment (2:1)
Preservation (10:1)
Planting Zone
Zone 1 (15.61 ac)
Zone 2 (8.25 ac)
✓egetation Plot Location
®Vegetation Plot Within Buffer
Mitigation Area
®Vegetation Plot Outside
Buffer Mitigation Area
Appendix B — Correspondence
Water Rnswrces
ENVI RVNMENTAL QUALITY
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
July 25, 2016
Daniel Ingram
Resource Environmental Solutions
302 Jefferson St, Suite 110
Raleigh, NC 27605
Subject Property: Cloud and Banner Mitigation Site, Alamance County
On -Site Determination for Applicability to the Jordan Buffer Rules (15A NCAC 2H .0267)
Dear Mr. Ingram:
On June 21, 2016, at your request and in your attendance, Sue Homewood conducted an on-site
determination to review features located on the subject project for stream determinations with
regards to the above noted state regulations. Katie Merritt with the Division of Water
Resources was also present during the site visit.
During the site visit on June 21, 2016, 1 determined that the features labeled UT1 and UT3 were
ephemeral channels. Features UT2, UT4 below the crossing/culvert, and UT6 were determined
to be intermittent channels. Back Creek was determined to be a perennial stream, and UT5 was
determined to be at least an intermittent stream. UT4 above the crossing/culvert was
determined to be a modified natural channel along the edge of the wetland starting at a point
identified and documented during the site visit.
Please note that at the time of this letter, all intermittent and perennial stream channels found
on the property are subject to the rules cited above. These regulations are subject to change in
the future.
The owner (or future owners) should notify the Division (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.
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: 336-776-9800 \ FAX 336-776-9797 \ Customer Service 1-877-623-6748
Internet: www.ncdenr.gov - www.ncwater.org
Landowners or affected parties that dispute a determination made by the Division 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 Wetlands and Buffers Permitting and Compliance Unit, 1650 Mail
Service Center, Raleigh, NC 27699-1650. Individuals that dispute a determination by the Division
or Delegated Local Authority that "exempts" 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. The
Division 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 Waters of the United States or Waters of the State or their associated buffers. If you have
any additional questions or require additional information, please contact me at 336-776-9693
or sue.homewood@ncdenr.gov.
Sincerely,
Sue Homewood
Winston-Salem Regional Office
Enclosures: res provided Stream map
cc: Katie Merritt, DWR 401 & Buffer Permitting Branch (via email)
DWR, Winston-Salem Regional Office
Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
Gmerwor
DONALD R. VAN DER VAART
SC -01 -Y
S. JAY ZIMMERMAN
Dlreclor
August 17, 2016
Daniel Ingram
Resource Environmental Solutions, LLC
302 Jefferson St., Suite 110
Raleigh, NC 27605
(via electronic mail)
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Cloud & Banner Site
Off NC Hwy 119 near 4962 Mrs. White Ln., Mebane, NC (adjacent to Back Creek)
Alamance County
Dear Mr. Ingram,
On May 2, 2016, Katie Merritt, with the Division of Water Resources (DWR), received a request
from Resource Environmental Solutions, LLC (RES), for a site visit near the above -referenced site in
the Haw River Ann of the Jordan Lake Watershed to determine the potential for riparian buffer
mitigation and nutrient offset. On .lune 21, 2016, Ms. Merritt performed a site assessment of the
subject site, which is more accurately shown in the attached aerial initiated by Ms. Merritt on August
17, 2016. If approved, mitigating this site could provide riparian buffer and nutrient offset credits to
mitigate impacts in the Haw River Sub -watershed of Jordan Lake.
Ms. Merritt's evaluation of the features from Top of Bank {TOB) out to 200' for buffer mitigation
pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and 15A NCAC 02B .0240 is
provided in the table below:
Feature
Classification
tSubmect
Adjacent Land uses
Buffer
Nutrient
Mitigation Tyne
to Buffer
credit
Offset Viable
Rule
at 2,273
Viable
lbs acre
UTI
Ephemeral
No
Hay crop cultivation
No
No
This feature does not meet
Channel/
requirements under 15A NCAC 02B
Grassed swale
.0295 (o)(7) to generate buffer
mitigation
UT2
Stream
Yes
Closed canopy of
Yes
Yes (non-
Forested Areas = Preservationt per
native hardwoods w/
forested areas
15A NCAC 02B .0295 (o)(5)
hay crop cultivation
only)
outside of forested
Hay field = Restoration
areas
UT3
Ephemeral
No
Closed canopy of
Yes
Yes {non-
Forested Areas = Preseruationt per
Channel
native hardwoods w/
forested areas
15A NCAC 028 .0295 (o)(4) and 15A
hay crop cultivation
only)
NCAC 02B (o)(7)
outside of forested
areas
Hayfield= Restoration per 15A
NCAC 0213 .0295 (o)(7) & 15A NCAC
028.0295(n)
State of North Carolina ; Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 907 6300
Cloud & Banner (RES)
August 17, 2016
Feature
Classification
'Subject
Adjacent Land uses
Buffer
Nutrient
Mitigation Type
to Buffer
Credit
Offset Viable
Rule
Viable
UT4
Modified
Yes
Closed canopy of
Yes
Yes (non-
Forested Areas = Preservation2 per
(end point
Natural
native hardwoods w/
forested areas
15A NCAC 02B .0295 (o)(5)
flagged
Stream
hay crop cultivation
only)
ansitej
(above
outside of forested
Hay field = Restoration
crossing) &
areas on East side
stream
(below
crossing
along
wetland)
UT5
Stream
Yes
Mostly hay crop
Yes
Yes (non-
Forested Areas = Preservation' per
cultivation wl closed
forested areas
15A NCAC 02B .0295 jo)(5)
canopy of native
only)
hardwoods upstream
Hay field = Restoration
to property boundary
UTG
Stream
Yes
Mostly closed canopy
Yes
Yes {non-
Forested Areas = Preservationr per
of native hardwoods
forested areas
15A NCAC 028.0295 (o)(5)
w/ hay crop
only)
cultivation on West
Hay field = Restoration
side
Subjectivity calls were determined 7125116 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
215A NCAC 02B .0295 (o)(4) & (o)(5) - The area of preservation credit within a buffer mitigation site shall comprise of no
more than 25% of the total area of buffer mitigation. Therefore, while Preservation may be an option along the streams, it
may not meet the rule requirements to be utilized for credits throughout.
A map showing the project site and the features is provided and signed by Ms. Merritt on August 17,
2016. This letter should be provided in all future mitigation plans for this Site. In addition, all
vegetative plantings, performance criteria and other mitigation requirements for riparian restoration
and preservation must follow the requirements in 15A NCAC 02B .0295 to be eligible for buffer
mitigation credits.
Please contact Katie Merritt at (919)-807-6371 if you have any questions regarding this
correspondence.
Sincerely,
Karen Higgins, Supervisor
401 and Buffer Permitting ch
KAH/km
Attachments. Site Aerial
cc: File Copy (Katie Merritt)
Pa -e 212
en`s • �',
..*�7a-.-
oil
9r,j
" a
s
It
t • �� n•�": ! _ J' � J� / t _'moi' f� �_• e j • .� �.�, r, ��.�•�
0 Disturbed hydric Roil borings
56.45 Ac
t a �_-.._ `: s * �`� •x."�.� -y �n'4.-�- -.. re _ M' R , - "�
- 1
/ ! it � •y'
1 •S. Ayr � y�' �'�. ,.. .y vl -
1. + i,t.'t 4� ,'✓n guy - - _
Easernent
Stream Mitigation
Restoration (1:1)
v Enhancement t (1.5:1)
N -Enhancement 11 (2-5:1)
Enhancement 111 (5:1)
Wetland Mitigation
High Enhancement (2:1)
xti �
Low Enhancement (5�1)
•y - p
S
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
January 26, 2017
Andrea Hughes
U.S. Army Corps of Engineers, Wilmington District
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28403
Re: RES Cape Fear UMB Diaryland Mitigation Site SAW -2016-01258
and Cloud and Banner SAW -2016-0245I/ Orange and Alamance Counties
Dear Mrs. Hughes:
The U.S. Fish and Wildlife Service (Service) has reviewed the information concerning the above
referenced project. The project, based on the description in your letter to our office, and other
information, is expected to have minimal adverse impacts to fish and wildlife resources.
In accordance with the Endangered Species Act of 1973, as amended, (ESA) and based on the
information provided, and other available information, it appears the action is not likely to
adversely affect federally listed species or their critical habitat as defined by the ESA. We
believe that the requirements of section 7 (a)(2) of the ESA have been satisfied for this project.
Please remember that obligations under the ESA must be reconsidered if: (1) new information
identifies impacts of this action that may affect listed species or critical habitat in a manner not
previously considered; (2) this action is modified in a manner that was not considered in this
review; or, (3) a new species is listed or critical habitat determined that may be affected by the
identified action.
For your convenience a list of all federally protected endangered and threatened species in North
Carolina is now available on our website at http://www.fws.gov/raleigh. Our web page contains
a complete and frequently updated list of all endangered and threatened species protected by the
provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act),
and a list of federal species of concern' that are known to occur in each county in North Carolina.
1 The term "federal species of concern" refers to those species which the Service believes might be in need of
concentrated conservation actions. Federal species of concern receive no legal protection and their designation does
not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened
species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to
federal species of concern.
RECEIVEDLRALF
North Carolina Department of Natural and Cultulb
State Historic Preservation OfficeTORY
Ramom M. Bartos, Axl3uinis€tutor. �Governor Flat mcc--tory Sectcfctry Susair Kltittctary Kevin Cherry
August 12, 201
Sohn Thomas
Wilmington District, Corps of Engineers
3 331 Heritage Trade Drive, St€ite 105
Wake Forest, NC 27587
Re: RES Cape Fear Umbrella Mitigation Bank, SAW 2016-01258, Orange and Alamance C,`oLinties,
ER 16-1389
Dear Mr. Thomas:
We have received a ptiblic notice concer•nilig the above project.
We have conducted a review of the project and are aware ot'no historic resources which would be affected
by the project. Therefore, we have no conulrent on the project as proposed.
The above coixmetits are made; pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council. on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration, If you have questions concerning, the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
- 1
,Ii'' i_,"liI g- r, lit all n—111ll fritu, comu Ovation concerning this project, please' cite, the
Liit
alcove referenced tracking number.
Sincerely,
"Ji�l
,, _I` Raniona M. liar tos
.............. _.._......r. ......._. -._m_..---- .... ..—................... _.._.....................
_..�._. _._�.._ ........._..mm....._._ _
Lacalioit: 1.09 Cast Jones S€rec€, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Ralcigh NC 276994617 Tetephv,celFax: {9i9j 80:-Cz�7018 }T-5599
Appendix C — EDR Data
REW Land
2000 NC Highway 119
Mebane, NC 27302
Inquiry Number: 4589651.2s
April 12, 201 B
6 ArmstroRoad 41th floor
Shelton, C7ng 06484
(rEDREnvironmental Data Resources Inc Toll Free 800 352 0050
vwvvr edrnet.com
FORM -UF -CCA
TABLE OF CONTENTS
SECTION
PAGE
Executive Summary------------------------------------------------------- ES1
OverviewMap----------------------------------------------------------- 2
DetailMap-------------------------------------------------------------- 3
Map Findings Summary ---------------------------------------------------- 4
MapFindings.----------------------------------------------------------- 8
OrphanSummary.-------------------------------------------------------- 10
Government Records Searched/Data Currency Tracking. - - - - - - - - - - - - - - - - - - - - - - - - - GR -1
GEOCHECK ADDENDUM
GeoCheck - Not Requested
Thank you for your business.
Please contact EDR at 1-800-352-0050
With any questions or comments.
Disctalffw -
This Report contains oensin information obtained from
prta variety of8public and other sourcetss reasonably available to Environmental Data
RescourSher s0�cessNO cannot
uded OR Report
MADthat E WHATSOEVER ISN CONNECTION WITH get and Tf RfPOR7. rAARB HTALBzist horn
DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING VMWOUr LMMtTATION,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL
ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS. NEGLIGENCE.
ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING. *NTHOUT LIMITATION, SPECIAL. INCIDENTAL.
CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY
LWITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report AS IS-. Any analyses, estimates, rob s.
environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only. and are not Intended to provide nor
should they be interpreted as provid ar�y fads regarding or predicbm or forecast of, any envirorvnental risk for any property. 9; a Phase I
Enviromhental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any
property Additionally, the information provided in this Report is not to be construed as legal advice.
Copyright 2618 by Environmental Data Resources. Inc All rights reserved. Reproduction In any media or format, in whole
or in pan, of any report or map of Environmental Data Resources, Inc.. or its affiliates. tes. s prohibited without prior written permission.
EDR and Its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources. Inc. or Its affiliates. All other
TC4589651 2s Page 1
EXECUTIVE SUMMARY
A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR).
The report was designed to assist parties seeking to meet the search requirements of EPA's Standards
and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for
Environmental Site Assessments (E 1527-13) or custom requirements developed for the evaluation of
environmental risk associated with a parcel of real estate.
TARGET PROPERTY INFORMATION
ADDRESS
2000 NC HIGHWAY 119
MEBANE, NC 27302
COORDINATES
Latitude (North):
36,1436830 - 36' 8' 37.25"
Longitude (Wiest):
79.2713220 - 79' 16' 16.75'
Universal Tranverse Mercator: Zone 17
UTM X (Meters):
655529.5
UTM Y (Meters):
4001068.5
Elevation:
549 ft. above sea level
USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY
Target Property Map:
Version Date:
Northeast Map:
Version Date:
Southeast Map:
Version Date:
South Map:
Version Date:
AERIAL PHOTOGRAPHY IN THIS REPORT
Portions of Photo from:
Source:
5847951 BURLINGTON NE NC
2013
5947913 CEDAR GROVE. NC
2013
5947915 EFLAND, NC
2013
5947931 MEBANE, NC
2013
20120531,20120511
USDA
TC4SM51 2s EXECUTIVE SUNIMA Rr 1
MAPP1V SPRY
TaWt EMrty Address:
2004 NC HIGHWAY 119
MEBANE, NC 27302
Click on Map ID to see full detail.
MAP RELATIVE DIST (ft. & mi.)
4589MI -2s Page 2
i
EXECUTIVE SUMMARY
TARGET PROPERTY SEARCH RESULTS
The target property was not listed in any of the databases searched by EDR
DATABASES VATti NO MAPPED SITES
No mapped sites were found in EDR's search of available ("reasonably ascertainable ") government
records either on the target property or within the search radius around the target property for the
following databases:
STANDARD ENVIRONMENTAL RECORDS
Federal NPL sift list
NPL .........................
National Priority List
Proposed NPL ---------------
Proposed National Priority List Sites
NPL LIENS ...................
Federal Superfund Liens
Federal Delisted NPL sft list
Delisted NPL ................
National Priority List Deletions
Federal CERCLIS list
FEDERAL FACILITY ---------
Federal Facility Site Information listing
SEMS . .......................
Superfund Enterprise Management System
FWaral CERCLIS NFRAP site list
SEMS -ARCHIVE ........_.._
Superfund Enterprise Management System Archive
Federal RCRA CORRACTS facliltles flat
CORRACTS..................
Corrective Action Report
Fodaral RCRA cion-CORRACTS TSD facllMos list
RCRA-TSDF-----------------
RCRA- Treatment,StorageandDisposal
Federal RCRA gsmrators list
RCRA-LQG..................
RCRA - Large Quantity Generators
RCRA-SQG..................
RCRA - Small Quantity Generators
RCRA-CESQG---------------
RCRA - Conditionally Exempt Small Quantity Generator
Federal lnstM100 al confit / sng<in"dog controls toos&"
LUCIS------------------------ Land Use Control Information System
US ENG CONTROLS......... Engineering Controls Sites List
TC4589651.2% EXECUTIVE SUMMARY 3
EXECUTIVE SUMMARY
US INST CONTROL......... Sites with Institutional Controls
ERNS ........................ Emergency Response Notification System
Stag- and tribal - squl valent NPL
NC RSDS .................... Hazardous Substance Disposal Site
Stag and tribal - equivalent CERCUS
SHWS........................ Inactive Hazardous Sites Inventory
Stats and Mbal landfill and/or solid wash disposal shoe Hats
SWF/LF...................... List of Solid Mate Facilities
OLL-------------------------. Old Landfill Inventory
Stall and tribal leaking storage tank lists
LAST ......................... Leaking Aboveground Storage Tanks
LUST ......................... Regional UST Database
INDIAN LUST---------------- Leaking Underground Storage Tanks on Indian Land
LUST TRUST ................ State Trust Fund Database
State and tribal regh0rsd sfor"e ton* lists
FEMA UST ................... Underground Storage Tank Listing
AST .......................... AST Database
INDIAN UST ................. Underground Storage Tanks on Indian Land
State and tribal lnsdwVonal control/ •ngimmring control regholes
INST CONTROL ............. No Further Action Sites With Land Use Restrictions Monitoring
Stab and tribal vokrntary cleanup s/tas
INDIAN VCP ................. Voluntary Cleanup Priority Listing
VCP .......................... Responsible Party Voluntary Action Sites
Stats and tribal BrownAakh shos
BROWNFIELDS.............. Brownfields Projects Inventory
ADDITIONAL ENVIRONMENTAL RECORDS
Local Brownfield !lits
US BROWNFIELDS..... ..... A Listing of Brownfrelds Sites
Local Usti of LandNil / Solid Waste Disposal SMes
HIST LF ...................... Solid Waste Facility Listing
TC4S69651 211 EXECUTIVE SUMMARY 4
EXECUTIVE SUMMARY
SWRCY...................... Recycling Center Listing
INDIAN ODI------------------ Report on the Status of Open Dumps on Indian Lands
ODI .......................... Open Dump Inventory
DEBRIS REGION 9.. _........ Torres Martinez Reservation Illegal Dump Site Locations
Local Lista of Hazardous waste / Contaminated Sites
US HIST CDL ............... Delisted National Clandestine Laboratory Register
US CDL ..................... National Clandestine Laboratory Register
Local Land Recalls
LIENS 2 ..................... CERCLA Lien Information
Records of Emergency Release Reports
HMIRS-----------------------
Hazardous Materials Information Reporting System
SPILLS .......................
Spills Incident Listing
IMD..........................
Incident Management Database
SPILLS 90-------------------.
SPILLS 90 data from FirstSearch
SPILLS 80 ....................
SPILLS 80 data from FirstSearch
Other Ascertainable Records
RCRA NonGen 1 NLR........
RCRA - Non Generators / No Longer Regulated
FUDS........................
Formerly Used Defense Sites
DOD-------------------------
Department of Defense Sites
SCRD DRYCLEANERS......
State Coalition for Remediation of Dryc lesners Listing
US FIN ASSUR..............
Financial Assurance Information
EPA WATCH LIST ------------
EPA WATCH LIST
2020 COR ACTION...........
2020 Corrective Action Program List
TSCA ........................
Toxic Substances Control Act
TRIS-------------------------
Toxic Chemical Release Inventory System
SSTS........................
Section 7 Tracking Systems
ROD .........................
Records Of Decision
RMP-------------------------
Risk Management Plans
RAATS.......................
RCRA Administrative Action Tracking System
PRP . .........................
Potentially Responsible Parties
PADS _______________________
PCB Activity Database System
ICIS..........................
Integrated Complianoe Information System
FTTS.........................
FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide
Act)/TSCA (Toxic Substances Control Act)
MLTS------------------------
Material Licensing Tracking System
COAL ASH DOE............
Steam -Electric Plant Operation Data
COAL ASH EPA ..............
Coal Combustion Residues Surface Impoundments List
PCB TRANSFORMER.......
PCB Transformer Registration Database
RADINFO....................
Radiation Information Database
HIST FITS ...................
FIFRA/TSCA Tracking System Administrative Case Listing
DOT OPS ....................
Incident and Accident Data
CONSENT ...................
Superfund (CERCLA) Consent Decrees
INDIAN RESERV.............
Indian Reservations
FUSRAP---------------------
Formerty Utilized Sites Remedial Action Program
UMTRA......................
Uranium Mill Tailings Sites
LEAD SMELTERS ...........
Lead Smelter Sites
US AIRS---------------------
Aerometric Information Retrieval System Facility Subsystem
TC45SM1.28 EXECUTIVE SUMMARY 5
EXECUTIVE SUMMARY
US MINES-------------------
Mines Master Index File
FINDS ........................
Facility Index System/Facility Registry System
COAL ASH ...................
Coal Ash Disposal Sites
DRYCLEANERS.............
Drydeaning Sites
Financial Assurance ..........
Financial Assurance Information Listing
NPDES.......................
NPDES Facility Location Listing
UIC..........................
Underground Injection Wells Listing
ECHO ------------------------
Enforcement & Compliance History Information
FUELS PROGRAM...........
EPA Fuels Program Registered Listing
EDR HIGH RISK HISTORICAL RECORDS
EDR Exclusive Records
EOR MGP .................... EDR Proprietary Manufactured Gas Plants
EDR Hist Auto ................ EDR Exclusive Historic Gas Stations
EDR Hist Cleaner............. EDR Exclusive Historic Dry Cleaners
EDR RECOVERED GOVERNMENT ARCHIVES
Exclusive Recovered Govt. Art:hives
RGA HWS .................... Recovered Government Archive State Hazardous Waste Facilities List
RGA LF ...................... Recovered Government Archive Solid Waste Facilities List
RGA LUST ................... Recovered Govemment Archive Leaking Underground Storage Tank
SURROUNDING SITES: SEARCH RESULTS
rrscs
Surrounding sites were identified in the following databases.
Elevations have been determined from the USGS Digital Elevation Model and should be evaluated on
a relative (not an absolute) basis. Relative elevation information between sites of close proximity
should be field verified_ Sites with an elevation equal to or higher than the target property have been
differentiated below from sites with an elevation tower than the target property.
Page numbers and map identification numbers refer to the EDR Radius Map report where detailed
data on individual sites can be reviewed.
Sites listed in bold ltalks are in multiple databases.
Unmappable (orphan) sites are not considered in the foregoing analysis.
STANDARD ENVIRONMENTAL RECORDS
State and tribal registered storage tank lista
UST: The Underground Storage Tank database contains registered USTs. LISTS are regulated under
Subtitle I of the Resource Conservation and Recovery Ad (RCRA). The data come from the Department of
Environment & Natural Resources' Petroleum Underground Storage Tank Database.
A review of the UST list. as provided by EDR, and dated 02/05/2016 has revealed that there is i UST
site within approximately 0.25 miles of tete target property.
Equ@VHigher Elevation Address Direction 1 Distance Map ID Page
ADY'S C -STORE 1525 HWY 112 N SSW 118 - 114 (0.242 mi.) 1 a
TC4589651,2s ExECUTivE SUMMARY 6
EXECUTIVE SUMMARY
Tank Status: Cu" M
Fmc ty td: 0044000035M
EXEcurrve suMw►Rv
Thins wars no mnvW sft in #* mw.
WASOa Ia W EMcurne SUMMARY 0
I
!C"
N Target Property
♦ Sites at elevations higher than
or equal to the target property
• Sites at elevations lower than
the target property
A Manufactured Gas Plants
National Priority List Shea
Dept. Defense Sipes
OVERVIEW MAP - 4588651.2S
9
I-
a
L"'M E
F 'r
0 114 112 a Miles
Indian Reservations 81A Hazardous Substance
County Boundary Disposal Sites
100 -year }Mood zone
500 -year flood, zone
® NeVonal Wed" Inventory
State Wetlands
This report includes Interactive Map Layers to
display and/or hide map intormallon The
teuend includes only those icor for the
delault map view
SITE NAME: REW Land CLIENT: Sail & Env. Consultants, PA
ADDRESS. 2000 NC Highway 1t9 CONTACT: Don Wells
Mebane NC 27302 INQUIRY #., 4589651-2s
LAVLONG: 36.143683/79.271322 DATE: April 12, 2016 12:36 pm
1:oWVM c 2016 FDA Me C 2015 Som owe A&I2015
I
F 'r
0 114 112 a Miles
Indian Reservations 81A Hazardous Substance
County Boundary Disposal Sites
100 -year }Mood zone
500 -year flood, zone
® NeVonal Wed" Inventory
State Wetlands
This report includes Interactive Map Layers to
display and/or hide map intormallon The
teuend includes only those icor for the
delault map view
SITE NAME: REW Land CLIENT: Sail & Env. Consultants, PA
ADDRESS. 2000 NC Highway 1t9 CONTACT: Don Wells
Mebane NC 27302 INQUIRY #., 4589651-2s
LAVLONG: 36.143683/79.271322 DATE: April 12, 2016 12:36 pm
1:oWVM c 2016 FDA Me C 2015 Som owe A&I2015
DETAIL MAP - 4589651.2S
SITE NAME: REW Land CLIENT: Soil & Env. Consultants, PA
ADDRESS: 2000 NC Highway 118 CONTACT 'Don Wells
Mebane NC 27302 INQUIRY #l: 4589651.2s
LAT/LONG: 36.143683/79.271322 DATE: April 12, 2016 12:37 pm
-- Wp�t,;htc2ots#OR.IKo7015fu+ic+.w� M+.s
Target Property
6 14
1M /Roil"
Sites at elevations nigher than
or equal to the target property
_ ,r Wian Reservations BIA
hazardous Substance
•
elevations lower than
iao-year flood zone
Disposal Sites
he tat
the target property
Soo -year flood zone
A
Manufactured Gas Plants
Nafbonal Wetland Inventory
■Sensitive
Receptors
Natonal P'"only List Sites
State Wetlands
Dept Defense sites
This report includes Interactive Map Layers to
display andlor hide map Information. The
legend includes only those icons far the
default map view.
SITE NAME: REW Land CLIENT: Soil & Env. Consultants, PA
ADDRESS: 2000 NC Highway 118 CONTACT 'Don Wells
Mebane NC 27302 INQUIRY #l: 4589651.2s
LAT/LONG: 36.143683/79.271322 DATE: April 12, 2016 12:37 pm
-- Wp�t,;htc2ots#OR.IKo7015fu+ic+.w� M+.s
MAP FINDINGS SUMMARY
Search
Distance Target Total
Database (Miles) Property < 1/8 1/8-114 1/4-1/2 1/2-1 > 1 Plotted
STANDARD ENVIRONMENTAL RECORDS
Federal NPL she list
NPL 1.000
Proposed NPL 1.000
NPL LIENS TP
Federal Delisted NPL site list
Delisted NPL 1.000
Federal CERCUS list
FEDERAL FACILITY 0.500
SEMS 0.500
Federal CERCUS NFRAP site list
SEMS -ARCHIVE 0.500
Federal RCRA CORRACTS facllldes list
CORRACTS 1.000
Federal RCRA non-CORRACTS TSD facilities list
RCRA-TSDF 0.500
Federal RCRA generators list
RCRA-LQG 0.250
RCRA-SQG 0.250
RCRA-CESQG 0.250
Federal Institutional controls /
engineering controls registries
LLICIS 0.500
US ENG CONTROLS 0500
US INST CONTROL 0.500
Federal ERNS list
ERNS TP
State• and tribal- equivalent NPL
NC HSDS 1.000
State• and tribal - equivalent CERCL/S
SHWS 1.000
State and tribal landtlll and/or
solid waste disposal site lists
SWF/LF 0.500
OLI 0.500
State and tribal leaking storage tank lists
LAST 0.500
0
0
0
0
NR 0
0
0
0
0
NR 0
NR
NR
NR
NR
NR 0
0
0
0
0
NR 0
0
0
0
NR
NR 0
0
0
0
NR
NR 0
0
0
0
NR
NR 0
0
0
0
0
NR 0
0
0
0
NR
NR 0
0
0
NR
NR
NR 0
0
0
NR
NR
NR 0
0
0
NR
NR
NR 0
0
0
0
NR
NR 0
0
0
0
NR
NR 0
0
0
0
NR
NR 0
NR
NR
NR
NR
NR 0
0
0
0
0
NR 0
0
0
0
0
NR 0
0
0
0
NR
NR 0
0
0
0
NR
NR 0
0
0
0
NR
NR 0
TCOM51.2s Page 4
MAP FINDINGS SUMMARY
Search
0
US BROWNFIELDS
0.500
Local Lists of Lam011 / Solld
Wash Disposal Sites
0
Distance Target
0.500
SWRCY
0.500
INDIAN ODI
0.500
Total
Database (Mites) Property
< 118
118-1/4
1/4-1/2
V2 - 1
> 1
Plotted
LUST 0.500
0
0
0
NR
NR
0
INDIAN LUST 0.500
0
0
0
NR
NR
0
LUST TRUST 0.500
0
0
0
NR
NR
0
State and tribal registered storage tank lists
NR
NR 0
NR
NR
NR
NR
FEMA UST 0.250
0
0
NR
NR
NR
0
UST 0.250
0
1
NR
NR
NR
1
AST 0.250
0
0
NR
NR
NR
0
INDIAN UST 0.250
0
0
NR
NR
NR
0
State and tribal Institutional
control / engineering control registries
INST CONTROL 0.500
0
0
0
NR
NR
0
State and tribal voluntary cleanup sites
INDIAN VCP 0.500
0
0
0
NR
NR
0
VCP 0.500
0
0
0
NR
NR
0
Stria and tribal Browm%W sties
BROWNFIELDS 0.500
0
0
0
NR
NR
0
ADDITIONAL ENVIRONMENTAL RECORDS
Local Brownfield hats
0
US BROWNFIELDS
0.500
Local Lists of Lam011 / Solld
Wash Disposal Sites
0
HIST LF
0.500
SWRCY
0.500
INDIAN ODI
0.500
ODI
0.500
DEBRIS REGION S
0.500
Local Lists of Hatardous wast /
contaminated sites
NR 0
US NIST CDL
TP
US CDL
TP
Local Land Records
0
LIENS 2
TP
Records of Emergency Release Reports
HMIRS
TP
SPILLS
TP
IMD
0.500
SPILLS 90
TP
SPILLS 80
TP
Other Ascertainable Records
RCRA NonGen 1 NLR
0.250
0
0
0
NR
NR 0
0
0
0
NR
NR 0
0
0
0
NR
NR 0
0
0
0
NR
NR 0
0
0
0
NR
NR 0
0
0
0
NR
NR 0
NR
NR
NR
NR
NR 0
NR
NR
NR
NR
NR 0
NR
NR
NR
NR
NR 0
NR
NR
NR
NR
NR 0
NR
NR
NR
NR
NR 0
0
0
0
NR
NR 0
NR
NR
NR
NR
NR 0
NR
NR
NR
NR
NR 0
0
0
NR
NR
NR 0
T0459MI.2s Page 6
MAP FINDINGS SUMMARY
EDR HIGH RISK HISTORICAL RECORDS
EOR Exclusive Records
Total
Plotted
EDR MGP 1.000
Search
0
0
0
NR 0
EDR Hist Auto 0.125
0
Distance Target
NR
NR
NR 0
EDR Hist Cleaner 0.125
0
Database
(Miles) Property
< 118
118-1/4
114-1/2
1/2-1
1
FUDS
1.000
0
0
0
0
NR
DOD
1.000
0
0
0
0
NR
SCRD DRYCLEANERS
0.500
0
0
0
NR
NR
US FIN ASSUR
TP
NR
NR
NR
NR
NR
EPA WATCH LIST
TP
NR
NR
NR
NR
NR
2020 COR ACTION
0.250
0
0
NR
NR
NR
TSCA
TP
NR
NR
NR
NR
NR
TRIS
TP
NR
NR
NR
NR
NR
SSTS
TP
NR
NR
NR
NR
NR
ROD
1.000
0
0
0
0
NR
RMP
TP
NR
NR
NR
NR
NR
RAATS
TP
NR
NR
NR
NR
NR
PRP
TP
NR
NR
NR
NR
NR
PADS
TP
NR
NR
NR
NR
NR
IC1S
TP
NR
NR
NR
NR
NR
FTTS
TP
NR
NR
NR
NR
NR
MLTS
TP
NR
NR
NR
NR
NR
COAL ASH DOE
TP
NR
NR
NR
NR
NR
COAL ASH EPA
0.500
0
0
0
NR
NR
PCB TRANSFORMER
TP
NR
NR
NR
NR
NR
RADINFO
TP
NR
NR
NR
NR
NR
HIST FTTS
TP
NR
NR
NR
NR
NR
DOT OPS
TP
NR
NR
NR
NR
NR
CONSENT
1000
0
0
0
0
NR
INDIAN RESERV
1000
0
0
0
0
NR
FUSRAP
1.000
0
0
0
0
NR
UMTRA
0.500
0
0
0
NR
NR
LEAD SMELTERS
TP
NR
NR
NR
NR
NR
US AIRS
TP
NR
NR
NR
NR
NR
US MINES
0.250
0
0
NR
NR
NR
FINDS
TP
NR
NR
NR
NR
NR
GOAL ASH
0.500
0
0
0
NR
NR
DRYCLEANERS
0.250
0
0
NR
NR
NR
Financial Assurance
TP
NR
NR
NR
NR
NR
NPDES
TP
NR
NR
NR
NR
NR
UIC
TP
NR
NR
NR
NR
NR
ECHO
TP
NR
NR
NR
NR
NR
FUELS PROGRAM
0.250
0
0
NR
NR
NR
EDR HIGH RISK HISTORICAL RECORDS
EOR Exclusive Records
Total
Plotted
EDR MGP 1.000
0
0
0
0
NR 0
EDR Hist Auto 0.125
0
NR
NR
NR
NR 0
EDR Hist Cleaner 0.125
0
NR
NR
NR
NR 0
EDR RECOVERED GOVERNMENT ARCHIVES
Exclusive Recovered Govt Archives
RGA HWS TP
NR
NR
NR
NR
NR 0
TCA%9551.2s Page 6
MAP FINDINGS SUMMARY
NOTES:
TP = Target Property
NR = Not Requested at this Search Distance
Sites may be listed in more than one database
TC45MM1.29 Pape 7
Search
Distance
Target
Total
Database
(Miles)
Property
c 118
118-1/4
114 -1R
112.1 > 1
Plotted
RGA LF
TP
NR
NR
NR
NR NR
0
RGA LUST
TP
NR
NR
NR
NR NR
0
- Totals —
0
0
1
0
0 0
1
NOTES:
TP = Target Property
NR = Not Requested at this Search Distance
Sites may be listed in more than one database
TC45MM1.29 Pape 7
Map ID MAP FINDINGS
Direction
Distance EDR ID Number
Elevation Sip. Databases) EPA ID Humber
1
ADY'S C STORE
UST U003295390
SSW
1523 HWY 119 N
N1A
IM -114
MEBANE, NC 27302
0.242 mL
1200 fL
Relatfw;
UST:
Higher
FacMy Id:
00.0.0000035099
Contac:
YVETTE LOCKLEAR
ACWM:
Contac Addressi :
1484 HWY 199 N
no fL
Contact Addreas2:
Not mponed
Contact City0aiemp.
MEBANE, NC 27302-
FIPS Count Desc:
Alamance
Latitude:
0
Longitude;
0
Tank Id:
1
Tank Status:
Current
Installed Date:
12/0511997
Perm Close Date:
Not reported
Product Key:
3
Product Name:
Gasoline. Gas Mix
Tank Capacity:
11000
Rod Tarek Id:
Not reported
Main Tank:
No
Compartment Tank:
No
Manifold Tank:
0
Commercial:
No
Regulated:
No
Tank Construction:
Unknown
Piping Construction:
Unknown
Piping System Key:
Unknown
Other CP Tank:
Not reported
Overfill Protection Key:
1
Overfill Protecion Name:
Unknown
Spin Protection Key:
1
Spill Protection Name:
Unknown
Lank Detection Key:
-1
Leak Detection Name:
Unknown
Decode for TCONS KEY:
Unknown
Decode for PCONS_KEY:
Unknown
Decode for PSYS KEY:
Unknown
Tank Id:
2
Tank Status:
Current
InstWW Date:
12103!1997
Perm Close Dale:
Not reported
Product Key:
3
Product Name:
Gasoline, Gas Mix
Tank Capacity:
4000
Root Tank Id:
Not reported
Main Tank:
No
Compartment Tank:
No
Manftld Tank:
0
Commercial:
No
Repulaled:
No
Tank Constnrction:
Unknown
Piping Constriction:
Unknown
T04S09651.2s Page 8
Mop ID
Dimckm
Distance
Elevation
E:L
ADY'S C$TORE (CWWnusM
Piping System KW
Unknown
Other CP Tank:
Not reported
OmU Protection Key:
1
Owedl Protection Name:
Unknown
Sptil Protection Kay:
1
Spits Protection Mame:
Unknown
Leak Detection Key:
-1
Leak Detection Name:
Unknown
Decode for TCONS KEY:
Unknown
Decode for PCONS_KEY:
Unknown
Decade for PSYS KEY:
Unknown
EDR ID Number
Datatme(s) EPA ID Number
TC4589851.28 Paye 9
Ca Onlw a ONPWAPJWNW
cow mo Wkwom ■rArrw xb OEM-"
MarmroLND
rAMMAb P"P"
Appendix D — Conservation Easement and Plat
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.
RECITALS
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 for the _
Army (DA) Action ID Number SAW -
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 1 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
Easement Area..
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
ENFORCEMENT AND 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 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 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. Grantor is responsible for all long-term
management activities associated with fencing. These activities include the
maintenance and/or replacement of fence structures 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, byjudicial
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 Snonsor:
To the Corns:
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]
Appendix E — Existing Conditions Photographs
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