Loading...
HomeMy WebLinkAbout20160225 Ver 2_AsBuilt Report Final_20190507ID#* 20160225 Select Reviewer:* Katie Merritt Initial Review Completed Date 05/08/2019 Mitigation Project Submittal - 5/7/2019 Version* 2 Is this a Prospectus, Technical Proposal or a New Site?* Type of Mitigation Project:* r Stream r Wetlands V Buffer V Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* Daniel Dixon Project Information r Yes r No Email Address:* ddixon@Wldlandseng.com Existing 20160225 Existing 2 (DWR) (nunbersonly ...nodash) Version: (nun-bersonly) I D#: * Project Type: f DMS r Mitigation Bank Project Name: South Fork Nutrient Offset and Buffer Mitigation Bank Parcel County: Chatham Document Information Mitigation Document Type:* Mitigation Monitoring Report File Upload: SouthFork Buffer and Nutrient AsBuilt Report 25.03M6 Final.pdf Rease upload only one RDF of the conplete file that needs to be subr itted... Signature Print Name:* Daniel Dixon Signature:* e o'XW South Fork Nutrient Offset and Buffer Mitigation Bank Parcel Wildlands Holdings IV, LLC's Cane Creek Nutrient Offset and Buffer Mitigation Bank AS -BUILT & BASELINE MONITORING REPORT ktww WILD LAND S E N G I N E E R I N G March 2019 PREPARED BY: Wildlands Engineering, Inc. 312 West Millbrook Road, Suite 225 Raleigh, NC 27609 Phone: 919-851-9986 AS -BUILT & BASELINE MONITORING REPORT South Fork Nutrient Offset and Buffer Mitigation Bank Parcel Wildlands Holdings IV, LLC's Cane Creek Nutrient Offset and Buffer Mitigation Bank TABLE OF CONTENTS 1.0 Introduction...........................................................................................................................2 2.0 Parcel Location & Background.................................................................................................2 2.1 Location and Setting.....................................................................................................................2 2.2 Parcel Background........................................................................................................................ 3 2.3 Parcel Objectives.......................................................................................................................... 3 3.0 Restoration Activities..............................................................................................................3 4.0 Mitigation Potential and Deviations from the Bank Parcel Development Package (BPDP) .........3 5.0 Monitoring Protocol & Success Criteria....................................................................................4 6.0 Financial Assurance & Long Term Management.......................................................................4 6.1 Financial Assurance...................................................................................................................... 4 6.2 Parcel Maintenance......................................................................................................................4 7.0 References..............................................................................................................................5 APPENDICES Appendix A: General Figures and Tables Table 1a Project Components and Riparian Buffer Mitigation Credits Table 1b Project Components and Nutrient Offset Mitigation Credits Table 2 Project Activity and Reporting History Table 3 Project Contact Table Table 4 Project Information and Attributes Table 5 Adjacent Forested Areas Existing Tree and Shrub Species Table 6 Planted Tree Species Figure 1 Parcel Location Map Figure 2 Service Area Map Figure 3 Credit Generation Map Figure 4 Monitoring Components Map Figure 5 As -Built Survey Appendix B: Vegetation Plot Data Table 7 Planted and Total Stem Counts Vegetation Plot Photographs Appendix C: NC DWR Surface Water Determination On -Site Surface Water Determination Letter and Map (2017) Appendix D: Conservation Easement Appendix E: Financial Assurance Appendix F: Overview Photographs Appendix G: Permit Approvals W South Fork Nutrient Offset and Buffer Mitigation Bank Parcel Page 1 As -Built & Baseline Monitoring Report — May 2019 AS -BUILT & BASELINE MONITORING REPORT South Fork Nutrient Offset and Buffer Mitigation Bank Parcel Wildlands Holdings IV, LLC's Cane Creek Nutrient Offset and Buffer Mitigation Bank The South Fork Nutrient Offset and Buffer Mitigation Bank Parcel ("Parcel") is a part of the Wildlands Holdings IV, LLC (Sponsor) Cane Creek Nutrient Offset and Buffer Mitigation Bank (Bank). The Mitigation Banking Instrument (MBI) for the Bank and the Bank Parcel Development Plan (BPDP) were approved on July 18, 2018. The project was planned, designed, and constructed encompassing land along tributaries to South Fork Cane Creek in Chatham County, NC (Figure 1). The Parcel was designed in concurrence with the Cane Creek Stream Mitigation Bank (SAW# 2016-00219), the South Fork Stream Mitigation As -Built Baseline Report was approved on March 8th, 2019. The purpose of the Parcel is to provide riparian buffer and nutrient offset mitigation credits to compensate for buffer impacts and development requiring nutrient offset payments according to the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 (effective November 1, 2015) and development requiring nutrient offset payments according to 15A NCAC 0213 .0240 within the Haw River Sub -watershed of the Jordan Lake Watershed. The service area is depicted in Figure 2. The mitigation credits generated from this site are listed in Tables 1a and 1b and shown in Figure 3. 1.0 Introduction This Parcel was developed to provide stream mitigation through the creation of a Stream Bank Site as well as nutrient offset and buffer mitigation through the creation of a Buffer & Nutrient Offset Bank. Riparian restoration activities deemed suitable for nutrient offsets on this Parcel, will generate 2,249.36 lbs. -Nitrogen per acre and 143.81 lbs. -Phosphorus per acre (with a delivery factor of 71% and 67% respectively). The construction of the Stream Bank site was completed in July 2018. No major adjustments were made during construction that would drastically affect the Buffer and Nutrient Offset Bank. UT4 Reach 2 channel was realigned for approximately three linear feet due to the presence of bedrock, this did not result in changes to the Buffer and Nutrient offset credits. Buffer and Nutrient Offset credits were adjusted to reflect the presence of vernal pools that were added during construction, these pools were constructed to promote stability and slow overland flow. For purposes of the South Fork Buffer and Nutrient Offset Bank, the Parcel involved restoring riparian buffers and other riparian areas adjacent to mitigated streams onsite in order to help reduce non -point source contaminant discharges to downstream waters in the Jordan Lake Watershed within the Cape Fear River Basin. Approximately 18.13 acres is protected with a permanent conservation easement. Out of the 18.13 acres, 14.83 acres has been restored for either Jordan Lake riparian buffer credit or nutrient offset credit. In general, riparian buffer restoration area widths on streams range from 50 feet to 100 feet from the top of bank for Jordan Lake buffer credits and nutrient offset credit. The NC Division of Water Resources (DWR) performed an onsite Site Viability for Buffer Mitigation and Nutrient Offset on August 9, 2017. The correspondence related to the site visit is attached in Appendix C and dated August 15 and 16, 2017. 2.0 Parcel Location & Background 2.1 Location and Setting The Parcel is located in Chatham County near the Town of Snow Camp, NC (35° 49' 21.28" N and 79° 22' 54.62" W). From Raleigh, take US -64 West to the exit for NC -87 North. Continue north on NC -87 for 1.8 miles and turn left onto Silk Hope Gum Spring Road. Continue on Silk Hope Gum Spring Road for 8.1 W South Fork Nutrient Offset and Buffer Mitigation Bank Parcel Page 2 As -Built & Baseline Monitoring Report — May 2019 miles. Turn right onto Silk Hope -Lindley Mill Road and continue for 2.9 miles. Turn left onto Moon Lindley Road and continue for 1.3 miles. Turn left onto Johnny Lindley Road and continue for 0.7 miles to 1727 Johnny Lindley Road, Snow Camp, NC (Figure 1). 2. 2 Parcel Background Prior to construction, the Parcel consisted primarily of livestock pasture except for a few areas. The cattle pastures on the site are dominated by fescue grasses (Festuca spp.) and broomsedge (Andropogon virginicus). Much of the riparian areas on the site are wooded; however, cattle have access to the streams. Vegetation in the wooded areas is primarily hardwood species including white oak (Quercus alba), red oak (Quercus rubra), willow oak (Quercus phellos), tulip poplar (Liriodendron tulipifera), sweetgum (Liquidambarstyraciflua), red maple (Acerrubrum), southern red oak (Quercus falcato), and American elm (Ulmus americana). 2.3 Parcel Objectives The main objective of the Parcel is to reduce nitrogen and phosphorus loading to the Cape Fear tributaries by establishing a forested riparian buffer on land previously used for agricultural purposes. The riparian buffer will immobilize nutrients, reducing quantities available to downstream aquatic ecosystems in the Cape Fear River Basin. 3.0 Restoration Activities Developing the Parcel for mitigation required altering current land use practices. The majority of the Parcel had been maintained for livestock grazing. The Parcel was planted with appropriate native tree species by hand Deember 2018. The revegetation plan for the entire buffer restoration area included permanent seeding, planting bare root trees, live stakes, and controlling invasive species growth. The specific species composition that was planted was selected based on the community type, observation of occurrence of species in riparian buffers adjacent to the site, and best professional judgement on species establishment and anticipated site conditions in the early years following project implementation. Trees were planted at a density sufficient to meet the performance standards outlined in the Rule 15A NCAC 02B .0295 of 260 trees per acre at the end of five years. An appropriate seed mix was also applied to provide ground cover for soil stabilization and reduction of sediment loss, as necessary. While planting isn't anticipated to be needed in the cattle exclusion areas, except where required in the stream mitigation plan, a seed mix was applied where cattle have removed all vegetation and caused bare soils. The cattle exclusion areas within the easement were fenced in to prevent further encroachment by cattle using Three -Strand High Tensile Wire Fence. No planting was performed in the buffer preservation areas except in areas affected during construction. 4.0 Mitigation Potential and Deviations from the Bank Parcel Development Package (BPDP) 18.13 acres were protected with a permanent conservation easement. Out of the 18.13 acres, a total of 14.83 acres of riparian areas were mitigated to generate Jordan Lake riparian buffer credit or nutrient offset credit. Out of those 14.83 acres, 5.40 acres were restored, 8.52 acres were enhanced by permanently excluding livestock and stabilizing soils, 0.47 acres have been enhanced through supplemental plantings, and 0.44 acres has been preserved (Figure 3). Of the 5.40 acres that are restored, 4.92 acres were deemed suitable for either buffer credit or nutrient offset credit. These areas may be used for either Jordan Lake buffer credits or nutrient offset credits, but not both. The remaining 0.48 acres of buffer restoration did not meet the minimum 50 foot width to qualify for nutrient offset W South Fork Nutrient Offset and Buffer Mitigation Bank Parcel Page 3 As -Built & Baseline Monitoring Report — May 2019 credits. Out of the 5.40 acres that are restored, the Sponsor is requesting all 4.92 qualifying acres to be used to generate credit releases for nutrient offset credits with the option to convert to riparian buffer credits upon DWR written approval. Neither riparian buffer nor nutrient offset credit will be generated on the remaining 3.30 acres. In general, where riparian restoration activities were performed to generate Jordan Lake buffer mitigation, widths will extend a maximum of 100 feet and where riparian restoration activities were performed for nutrient offsets, widths will extend a maximum of 200 feet from the top of the channel. Since approval of the BPDP, credits have shifted due to three minor changes. The final stream survey contains a slightly larger area than what was produced initially in GIS. The cattle exclusion and buffer restoration boundaries were adjusted based on surveyed tree lines. Some buffer restoration zone areas did not meet the minimum 50' width and do not qualify for nutrient offset. These changes resulted in a difference of 0.36 acres. 5.0 Monitoring Protocol & Success Criteria Five 10 -meter by 10 -meter vegetation monitoring plots (plots numbered 3-7) were installed within the buffer restoration area to measure the survival of the planted trees (Figure 4). The number of plots required was determined in accordance with the Carolina Vegetative Sampling Protocol (CVS) Levels 1 & 2. Vegetation assessment was conducted in January 2019 following the CVS Levels 1 & 2 Protocol for Recording Vegetation, Version 4.0 (Lee et al. 2006). Performance Standards for the Project are based on the health and survival of a minimum density of 260 trees per acre after five years of monitoring, and no one species comprises more than 50 percent of stems. Height, visual assessment of damage, and vigor will be used as indicators of overall health. Desirable volunteer Species may be included to meet the success criteria upon DWR approval. The as -built baseline data shows a planted tree density of 607 stems per acre (Table 7). A reference photo will be taken from the southwestern corner of each vegetation plot and included in the annual monitoring report. All planted stems in the vegetation plots have been marked with flagging tape and recorded. Annual monitoring activities will begin in the fall of 2019 and will commence in September or October for the remainder of the monitoring period. Species composition, density, and survival rates will be evaluated on an annual basis by plot for the entire site. Wildlands shall submit to NCDWR an annual monitoring report, no later than December 31" of each year for five consecutive years. 6.0 Financial Assurance & Long -Term Management 6.1 Financial Assurance A Performance Bond in the amount of $100,000 has been secured for 100% of the estimated cost to implement the monitoring and maintenance plan. The Performance Bond applies from the approval of the as -built report until the end of monitoring year 1 and will be extended annually for a minimum of five years. Upon NCDWR approval, this may be lowered each year based on the adjusted cost to complete the monitoring. A copy of the monitoring bond is provided in Appendix E. 6.2 Parcel Maintenance The parcel has been properly and accurately marked by adding witness posts with easement placards every 100 ft and at every corner of the easement. Fencing locations were agreed upon with the landowner and displayed accurately in Figures 3 and 4. Adaptive measures will be developed or appropriate remedial actions will be implemented in the event that the Parcel or a specific component of the Parcel fails to achieve the success criteria. Site maintenance will be performed to correct any identified problems that have a high likelihood of W South Fork Nutrient Offset and Buffer Mitigation Bank Parcel Page 4 As -Built & Baseline Monitoring Report — May 2019 affecting project success. Such items include but are not limited to excess tree mortality caused by fire, flooding, drought, or insects. Any actions implemented will be designed to achieve the success criteria and will include a work schedule and updated monitoring criteria. 7.0 References Guidelines for Riparian Buffer Restoration. NC Department of Environment and Natural Resources, Ecosystem Enhancement Program. October 2004. Lee, Michael T., Peet, Robert K., Steven D., Wentworth, Thomas R. 2006. CVS-EEP Protocol for Recording Vegetation Version 4.0. Retrieved from http://www.nceep.net/business/monitoring/veg/datasheets.htm. Peet, R.K., T.R. Wentworth and P.S. White. 1998. A flexible, multipurpose method for recording vegetation composition and structure. Castanea 63:262-274. http://cvs.bio.unc.edu/methods.htm Schafale, M.P. and Weakley, A.S. 1990. A Classification of the Natural Communities of North Carolina, Third Approximation. Wildlands Holdings IV, LLC (2017). Cane Creek Mitigation Banking Instrument. NCDWR, Raleigh NC. http://portal.ncdenr.org/web/wq/nutrientbufferbanks W South Fork Nutrient Offset and Buffer Mitigation Bank Parcel Page 5 As -Built & Baseline Monitoring Report — May 2019 APPENDIX A. General Figures and Tables Table la. Project Components and Riparian Buffer Mitigation Credits South Fork Buffer and Nutrient Mitigation Bank Monitoring Year 0 - 2019 Riparian Width Credit Type Mitigation Type Credit Ratio Total Acreage From Survey Total Acreage Rounded %of Full Credit Credited Acreage Mitigation Credits Top of Bank -50', Min. 30' Riparian Buffer Restoration 1:1 0.480 0.48 100% 0.48 20,800 W Top of Bank- 100' Min. 30' Riparian Buffer Cattle Exclusion 2:1 8.520 8.52 100% 4.26 185,622 W Top of Bank- 100' Min. 30' Riparian Buffer Enhancement 2:1 0.470 0.47 100% 0.24 10,155w Top of Bank- 100' Min. 30' Riparian Buffer Preservation 10:1 0.440 0.44 100% 0.04 1,939 W Total Riparian Buffer Restoration Credits 20,800 ft� Total Riparian Cattle Exclusion Credits 185,622 W Total Riparian Enhancment Credits 10,155 w Total Riparian Buffer Preservation Credits 1,939 W Total Riparian Buffer Credits 218,516 W Riparian buffer restoration credits obtained within areas less than 50 Leet trom top of bank (0.01 acres) cannot be used to generate credit for nutrient offsets. Table 1b. Project Components and Nutrient Offset Mitigation Credits South Fork Buffer and Nutrient Mitigation Bank Monitoring Year 0 - 2019 Riparian Width Credit Type Mitigation Type Credit Ratio Total Acreage survey Total AcreageFrom Rounded Generated Credits per Acre Generated Credits Delivery Factor Credited Acreage Delivered Credits Topof Bank-100'Min. 50' Nitrogen Restoration 1:1 4.920 4.Z2,249.36 11,066.85 71% 4.92 7,857.46 Top of Bank - 100' Min. 50' Phosphorous Restoration 1:1 4.920 4.92 143.81 707.55 67% 4.92 474.06 Total Nitrogen Credits 7,857.46 Total Phosphorous Credits 474.06 Table 2. Project Activity and Reporting History South Fork Buffer and Nutrient Mitigation Bank Monitoring Year 0 - 2019 Activity or Report Date Collection Complete Completion or Scheduled Delivery Wildlands Holdings IV, LLC Cane Creek UMBI N/A July 2018 BPDP N/A July 2018 Conservation Easement N/A January 2018 Bare Root Planting N/A December 2018 As -Built & Baseline Monitoring Document January 2019 March 2019 Year 1 Monitoring N/A Fall 2019 Year 2 Monitoring N/A Fall 2020 Year 3 Monitoring N/A Fall 2021 Year 4 Monitoring N/A Fall 2022 Year 5 Monitoring N/A Fall 2023 Table 3. Project Contact Table South Fork Buffer and Nutrient Mitigation Bank Monitoring Year 0 - 2019 Table 4. Project Information and Attributes South Fork Buffer and Nutrient Mitigation Bank Monitoring Year 0 - 2019 Wildlands Holdings IV, LLC Bank Sponsor 312 West Millbrook Road, Suite 225 County Raleigh, NC 27609 Project Area (acres) 919.851.9986 Project Coordinates (latitude and longitude) Bruton Natural Systems, Inc Planting Contractor P.O. Box 1197 Physiographic Province Fremont, NC 27830 Nursery Stock Suppliers Dykes and Son Nursery Monitoring Performers Wildlands Engineering, Inc. Monitoring, POC Jason Lorch D W R Sub -basin 919.851.9986, ext. 107 Table 4. Project Information and Attributes South Fork Buffer and Nutrient Mitigation Bank Monitoring Year 0 - 2019 PROJECT INFORMATION Project Name South Fork Buffer and Nutrient Mitigation Bank County Chatham County Project Area (acres) 18.13 Project Coordinates (latitude and longitude) 35" 49' 21.28" N, 79" 22' 54.62" W PROJECT WATERSHED SUMMARY INFORMATION Physiographic Province Piedmont River Basin Cape Fear USGS Hydrologic Unit 8 -digit 03030002 USGS Hydrologic Unit 14 -digit 03030002050050 D W R Sub -basin 03-06-04 Project Drainage Area (acres) 613.9 ProjectDrainage Area Percentage of Impervious Area 2% CGIA Land Use Classification 62% forested, 38% cultivated, <1% residential Table S. Adjacent Forested Areas Existing Tree and Shrub Species South Fork Buffer and Nutrient Mitigation Bank Monitoring Year 0 - 2019 Scientific Name Common Name Quercus alba White Oak Quercus rubra Red Oak Quercus phellos Willow Oak Liriodendron tulipifera Tulip -Poplar Liquidambarstyraciflua Sweetgum Acer rubrum Red Maple Quercus falcata Southern Red Oak Ulmus americana American Elm Table 6. Planted Tree Species South Fork Buffer and Nutrient Mitigation Bank Monitoring Year 0 - 2019 Scientic Name Common Name Planted Number % of Total Platanus occidentalis Sycamore 950 25% Celtis occidentalis Hackberry 100 3% Quercus michauxii Swamp Chestnut Oak 400 11% Quercus pagoda Cherrybark Oak 200 5% Quercus phellos Willow Oak 350 9% Betula nigra River Birch 850 23% Fraxinus pennsylvanica Green Ash 450 12% Liriodendron tulipifera Tulip -Poplar 300 8% Ulmus americana American Elm 150 4% Total 3,750 100% �t\a9ee x,- N�Son Rd - 5� Figure 1, Parcel Location Map VVI LD LANDS South Fork Buffer and Nutrient Mitigation Bank ENGINEERING 0 0.5 1 Miles As -Built Report Cape Fear River Basin 03030002 Chatham County, NC - Ma/nr i -til! Y o Al � L � O ,r Q lki ke nbLis h Rd ,till 0�� cr ee O B 762 h �g �a T Cork Rd4 a ALAMANCE - - - - �- -,- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CHATHAM n e0 tr Or S 3cr h,4cur. ci Rtl Centef� gSouth X00, Fork Bank Parcel Location -0) J � 3, y yi G�c� � 4 Fld Jo lin m ' `Z Cli oe �a �o .. AM Undery S,I� rood Rd 772 h y04P r _ Wit18rown Rd _ Q� Gfee%% - v � � k C� �t\a9ee x,- N�Son Rd - 5� Figure 1, Parcel Location Map VVI LD LANDS South Fork Buffer and Nutrient Mitigation Bank ENGINEERING 0 0.5 1 Miles As -Built Report Cape Fear River Basin 03030002 Chatham County, NC County Boundaries H LIC 03030002 Jordan Lake Sub -Watersheds Service Area - Riparian Buffer and Nutrient Offset Credits South Fork Mitigation Bank Parcel Location 10adison I � d=ielnll�. i 1 I � I I I � i summarfield _akRidq, - '-rl� ;illy i Eurhncn-a odm j I Holio" 01030002 Lake I I High Point ! ! I ! 1-0-:I; t l I I i ! - I i i .--- �— ••—••—••—..---—••—.._..---.._.._ _--••—••—.._..-- Q. 949 ft 1 P rvbuntal\ U thio.n e itata.P�-'. Nabn al Truy _e r�^ •—••----••—••—..I._.._.._..—f.—..—••—••—••—••—••1 77 ' • Sappon, sdtsc. I j Yanr����ille I j -j • Roxa"�I j �.mbufq Rd , ( i �8r I I arm _ j ----•• .._..—�•—•--••--•—•--••— I ............ •I — � I Occa'aec hi Sapoi, Sdisa I � Il l at I l;I i Hille.l_ r"ugh }•• 40 01 ti ,c I_ jIurhan-1 Haw River I d ry Fk .-hap, :1i11 �•• •� Upper Ntw Hope Lower dew Hope F'rtLtoro ' AI_ s� Ra—n tock i Qate Park Lillind 0 5 10 Mlles Figure 2. Service Area Map W I L D L A N D S I I I I I South Fork Buffer and Nutrient Mitigation Bank ENGINEERING As -Built Report Cape Fear River Basin 03030002 Chatham County, NC F ' AA -_ YY =�1 80' �35W, rr50'. d It i I 30' Internal Easement Crossing 0 Conservation Easement (18.13 ac) Internal Crossing - Streams & Vernal Pools (2.42 ac) South Fork Buffer Credit Zones Restoration (4.92 ac) Restoration <50' (0.48 ac) Enhancement ( 0.47 ac) Cattle Exclusion (8.52 ac) Preservation (0.44 ac ) • No Credit ( 0.88 ac) 9—n Project Fencing Figure 3. Credit Generation Map South Fork Buffer and Nutrient Mitigation Bank 0 190 380 Feet As -Built Report W I L D L A N D SI�I�I Cape Fear River Basin 03030002 ENGINEERING Chatham County, NC r' 41A 35'� / 30' Internal Easement Crossing j ;150, e 4:. Conservation Easement (18.13 ac) Internal Crossing - Streams & Veral Pools (2.42 ac) South Fork Buffer Credit Zones Restoration (4.92 ac) - Restoration <50' (0.48 ac) Enhancement ( 0.47 ac) Cattle Exclusion (8.52 ac) Preservation (0.44 ac ) No Credit ( 0.88 ac) Project Fencing El Riparian Buffer Vegetation Monitoring Plots Figure 4. Monitoring Components Map South Fork Buffer and Nutrient Mitigation Bank 0 200 400 Feet As -Built Report W I L D L A N D S I I I I I Cape Fear River Basin 03030002 ENGINEERING Chatham County, NC 11 I, ELISABETH G. TURNER, AS A DULY REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF NORTH CAROLINA, CERTIFY THAT THIS BUFFER MAP WAS DRAWN UNDER MY SUPERVISION, IS AN ACCURATE AND COMPLETE REPRESENTATION OF WHAT WAS CONSTRUCTED IN THE FIELD, THAT THE EASEMENT BOUNDARY IS BASED ON PLAT BOOK 2016 , PG 306 RECORDED IN CHATHAM COUNTY REGISTER OF DEEDS OFFICE, AND THAT THE BUFFER AREAS SHOWN ARE CALCULATED FROM AS -BUILT CONDITIONS EXCEPT WHERE OTHERWISE NOTED HEREON. WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER, AND SEAL THIS 27th DAY OF FEBRUARY, 2019. IIIIII//// �N CARo�'''% 1 ` �'i�� tiL j SEAL 'EL SABETH G. TURNER, P.L. . 4440 = r L-4440 cc - SURJ� Q i� j JAMES MICHAEL DNDLEY PARCEL ID 1077 VICINITY MAP GENERAL NOTES: Buffer Resbraton 0'-50' (Min. 30') NOT TO SCALE 0.48 SURVEY FEET UNLESS OTHERWISE NOTED. SR 1,3 2. THE BASIS OF BEARINGS IS NCGS STATE PLANE NAD83(2011) SITElMo0. DATUM. m 3. THE AREA SHOWN HEREON WAS COMPUTED USING THE <, tion � Buffer Preservation '�O 0.44 RIPARIAN BUFFER CREDITS WITHIN THE CONSERVATION EASEMENT. _ o o Streams & Vernal Pools (No Credit) THEIR BOUNDARIES AFFECTED BY THIS CONSERVATION EASEMENT 2.42 ARE NOT CHANGED BY THIS PLAT. JOHNNY 5. LINES NOT SURVEYED ARE SHOWN AS A DASHED LINETYPE AND LINDLEY THIS PLAT. RD 6. SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS, AND/OR n ENCUMBRANCES THAT MAY AFFECT THE PROPERTY(S). W o p SRI 34 � W O a� W z ZWILL CL BROWN � o J RD RI wo 11 I, ELISABETH G. TURNER, AS A DULY REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF NORTH CAROLINA, CERTIFY THAT THIS BUFFER MAP WAS DRAWN UNDER MY SUPERVISION, IS AN ACCURATE AND COMPLETE REPRESENTATION OF WHAT WAS CONSTRUCTED IN THE FIELD, THAT THE EASEMENT BOUNDARY IS BASED ON PLAT BOOK 2016 , PG 306 RECORDED IN CHATHAM COUNTY REGISTER OF DEEDS OFFICE, AND THAT THE BUFFER AREAS SHOWN ARE CALCULATED FROM AS -BUILT CONDITIONS EXCEPT WHERE OTHERWISE NOTED HEREON. WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER, AND SEAL THIS 27th DAY OF FEBRUARY, 2019. IIIIII//// �N CARo�'''% 1 ` �'i�� tiL j SEAL 'EL SABETH G. TURNER, P.L. . 4440 = r L-4440 cc - SURJ� Q i� j JAMES MICHAEL DNDLEY PARCEL ID 1077 Riparian Buffer Credit: SQ FT. GENERAL NOTES: Buffer Resbraton 0'-50' (Min. 30') 1. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN U.S. 0.48 SURVEY FEET UNLESS OTHERWISE NOTED. 213,987 2. THE BASIS OF BEARINGS IS NCGS STATE PLANE NAD83(2011) Buffer Enhancement DATUM. 0.47 3. THE AREA SHOWN HEREON WAS COMPUTED USING THE 371,244 COORDINATE COMPUTATION METHOD. Buffer Preservation 4. THE PURPOSE OF THIS PLAT IS TO SHOW THE AS -BUILT AREAS FOR 0.44 RIPARIAN BUFFER CREDITS WITHIN THE CONSERVATION EASEMENT. 38,412 THIS PLAT IS NOT A BOUNDARY SURVEY. THE LAND PARCELS AND Streams & Vernal Pools (No Credit) THEIR BOUNDARIES AFFECTED BY THIS CONSERVATION EASEMENT 2.42 ARE NOT CHANGED BY THIS PLAT. 789,697 5. LINES NOT SURVEYED ARE SHOWN AS A DASHED LINETYPE AND WERE TAKEN FROM INFORMATION REFERENCED ON THE FACE OF THIS PLAT. SOUTH FORK MITIGATION SITE 6. SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS, AND/OR S\VANNANOA, NC 28778 ENCUMBRANCES THAT MAY AFFECT THE PROPERTY(S). W o 7. SEE CONSERVATION EASEMENT MAP RECORDED IN PLAT SLIDE 2016, PAGE 306 IN THE CHATHAM COUNTY, NC REGISTER OF DEEDS. I CREEK UMBRELLA MITIGATION BANK _- f INTERNAL �- CROSSING wo JAMES MICHAEL LINDLEY PARCEL ID 86079 CAPE FEAR RIVER BASIN ND-SARVEYING www.turneriandsurveying.com 300' 0' 300' 600' o SCALE: 1 inch = 300 feet (11x17) Riparian Buffer Credit: SQ FT. Acres Buffer Resbraton 0'-50' (Min. 30') 20,800 0.48 Buffer Resberaton 0'-100' (Min. 50') 213,987 4.92 Buffer Enhancement i 0.47 Cade Exdusion 371,244 Riparian Buffer Credit: SQ FT. Acres Buffer Resbraton 0'-50' (Min. 30') 20,800 0.48 Buffer Resberaton 0'-100' (Min. 50') 213,987 4.92 Buffer Enhancement 20,310 0.47 Cade Exdusion 371,244 8.52 Buffer Preservation 19,388 0.44 No Credit 38,412 0.88 Streams & Vernal Pools (No Credit) 105,556 2.42 Total CE Area 789,697 18.13 / tl i I JAMES MICHAEL LINDLEY I I PARCEL ID 1077 I I I � I I � I LINE LEGEND: _CE— CONSERVATION EASEMENT I (BY OTHERS) ! I TREE LINE — — RIGHT OF WAY PROPERTY LINE I (SURVEYED BY OTHERS) I I I� I 3 ' III _ _ r ICY')I - _—J I� IZ I I � I I I JAMES MICHAEL LINDLEY I I PARCEL ID 1078 / r /Q IF � /�O/ t JAMES MICHAEL LINDLEY / PARCEL ID 86079 / THIS MAP IS NOT FOR RECORDATION, SALES, OR CONVEYANCES AND DOES NOT COMPLY WITH G.S. 47-30 MAPPING REQUIREMENTS. T 0A D " 0 AS -BUILT SURVEY FOR REVISIONS, DATE AND INITIAL: �� ° O < a z a m WILDLANDS ENGINEERING, INC. P.O. BOX 148 O�, SOUTH FORK MITIGATION SITE S\VANNANOA, NC 28778 W o CREEK UMBRELLA MITIGATION BANK _- P-0702 (919) 827-0745 wo N o CAPE FEAR RIVER BASIN ND-SARVEYING www.turneriandsurveying.com o n ALBRIGHT TOWNSHIP CHATHAM COUNTY NORTH CAROLINA Certified DBE/W81 APPENDIX B. Vegetation Plot Data Table 7. Planted and Total Stem Counts South Fork Buffer and Nutrient Mitigation Bank Monitoring Year 0 - 2019 Current Plot Data (MYO 2019) 1 Annual Means Scientific Name Common Name Species Type 201602364-01-0003 201602364-01-0004 201602364-01-0005 201602364-01-0006 201602364-01-0007 PnoL$ P -all T PnoLS P -all T PnoLS P -all T PnoLS P -all T PnoLS P -all T MYO(2019) PnoLS P -all T Betula nigra River Birch Tree 2 2 2 4 4 4 3 3 3 3 3 3 5 5 5 17 17 17 Celtis occidentalis Northern Hackberry Tree 1 1 1 1 1 1 2 2 2 Fraxinus pennsylvanica Green Ash Tree 1 1 1 2 2 2 2 2 2 1 1 1 3 3 3 9 9 9 Liriodendron tulipifera Tulip Poplar Tree 2 2 2 2 2 2 2 2 2 6 6 6 Platanus occidentalis Sycamore ITree 7 7 7 2 2 2 6 6 6 2 2 2 2 2 2 19 19 19 Quercus michauxii Swamp Chestnut Oak ITree 2 2 2 1 1 1 1 1 4 4 4 1 1 1 1 8 1 8 8 Quercus pagoda Cherrybark Oak Tree 1 1 1 1 1 1 2 2 2 4 4 4 Quercus phellos Willow Oak Tree 1 1 1 2 2 2 1 1 1 3 3 3 7 7 7 Ulmus americana American Elm Tree 1 1 1 1 1 1 1 1 1 3 3 3 Stem count size (ares) size (ACRES) Species count Stems per ACREIIIIIIIIIIIIIIIIIIIIIII 15 7 15 1 0.02 7 607 1 15 7 607 15 8 15 1 0.02 8 607 15 8 607 15 6 15 1 0.02 61 607 15 6 607 15 7 1 15 1 0.02 7 1 607 1 15 7 607 15 1 6 1 15 1 0.02 6 1 607 1 15 6 607 75 1 9 19 M7 1 75 5 0.12 607 75 9 607 Color for Density Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% PnoLS - Planted Stems Excluding Live Stakes P -all - All Planted Stems T - All Woody Stems VEGETATION PLOT PHOTOGRAPHS South Fork Buffer and Nutrient Mitigation Bank VEGETATION PLOT 3 (01/08/2019) 1 VEGETATION PLOT 4 (01/08/2019) VEGETATION PLOT 5 (01/08/2019) 1 VEGETATION PLOT 6 (01/08/2019) 1 VEGETATION PLOT 7 (01/08/2019) South Fork Buffer and Nutrient Mitigation Bank kv Appendix B: Vegetation Plot Data —Vegetation Plot Photographs APPENDIX C. NC DWR Surface Water Determination Water Resources ENVIRONMENTAL QUALITY August 16, 2017 Andrea Eckardt Wildlands Engineering, Inc. 1430 S. Mint Street Charlotte, NC 28210 (via electronic mail: aeckardt@wildlandseng.com) ROY COOPER MICHAEL S. REGAN S. JAY ZIMMERMAN 1?irc=rr=,: Re: Site Viability for Buffer Mitigation & Nutrient Offset — South Fork Mitigation Site Near 1402 Johnny Lindley Road, Pittsboro, NC Chatham County Dear Ms. Eckardt, On May 25, 2017, Katie Merritt, with the Division of Water Resources (DWR), received a request from Wildlands Engineering Inc. (WEI) for a site visit near the above -referenced site in the Haw River Subwatershed of Jordan Lake. The site visit was to determine the potential for riparian buffer mitigation and nutrient offset. On August 9, 2017, Ms. Merritt performed a site assessment of the subject site, which is more accurately shown in the attached map labeled "South Fork Site Map". This site is also being proposed as a stream restoration site by WEI. Ms. Merritt's evaluation of the features and their associated mitigation determination for the riparian areas are provided in the table below. The evaluation was made from Top of Bank (TOB) out to 200' from each existing feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. Feature Classification 1Subiect Riparian Land uses of Buffer 2Nutrient Mitigation Type Determination w/in riparian Feature onsite 0-200' areas ID to Buffer Credit Viable Offset Viable Rule at 2.249.36 lbs -N acre UT -1 Stream Yes Mix of forested & non- Yes Yes (non- Non -forested pasture — Restoration site per 15A forested Pasture grazed forested NCAC 026 .0295 (n) by cattle pasture only) Forested pasture - Enhancement Site per 15A NCAC 02B .0295 (o)(6) UT -2 Stream Yes Open pasture grazed by Yes Yes Restoration site per 15A NCAC 02B .0295 (n) cattle UT -3 Not Not N/A N/A N/A Feature unsafe to access. Can be evaluated if evaluated evaluated needed after cattle -exclusion fencing is installed. EC -1 Not present N/A N/A N/A N/A N/A onsite State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 South Fork Mitigation Site Wildlands Engineering, Inc. August 16, 2017 Feature Classification 1Subiect Riparian Land uses of Buffer 2Nutrient Mitigation Type Determination Win riparian Feature onsite areas ID to Buffer Credit Offset Viable Rule 0-200' Viable at 2,249.36 lbs -N acre UT -4 Stream No Mix of forested & non- Yes Yes (non- Non -forested pasture — Restoration site per 15A forested Pasture grazed forested NCAC 02B.0295 (o)(3) by cattle pasture only) Forested pasture - Enhancement Site per 15A NCAC 02B.0295 (o)(6) SF Stream Yes Mix of forested & non- Yes Yes (non- Non -forested pasture — Restoration site per 15A forested Pasture grazed forested NCAC 026 .0295 (n) by cattle pasture only) Forested pasture - Enhancement Site per 15A NCAC 02B.0295 (o)(6) SF Stream Yes Left Bank - Mature Yes Yes (in crop Left Bank— Preservation Site per 15A NCAC 02B (below natural forest field only) .0295 (o)(5) crossing — see Right Bank—full Right Bank (inside treeline) — Enhancement Site map) canopy, no understory per 15A NCAC 02B .0295 (n); needs understory of shrubs or trees, enhancement with some shrubs added dense layer of microstegium; row crop Crop Field - Restoration site per 15A NCAC 02B field adjacent to tree .0295 (n) line UT -5 Ephemeral No Left Bank - full canopy Yes (left No Left Bank— Enhancement Site per 15A NCAC /EC2 channel (not with no understory of bank 02B .0295 (o)(7); needs understory present shrubs or trees, dense only) enhancement with some shrubs added. Channel outside layer of microstegium disappears before the treeline; of tree line) Right Bank — mature Must meet all requirements under .0295 (o)(7) natural forest to be viable for buffer mitigation. Right Bank — not viable 'Subjectivity calls for the features were determined by DWR in correspondence dated August 15, 2017 using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the MRCS. 2 NC Division of Water Resources - Methodology and Calculations for determining Nitrogen Reductions associated with Riparian Buffer Establishment. Phosphorus may be calculated separately. Maps that are attached to this letter were provided by WEI and were initialed by Ms. Merritt on August 15, 2017. This letter should be provided in all stream, wetland, buffer and/or nutrient offset mitigation plans for this Site. This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any mitigation activities in riparian areas and/or surface waters. Page 213 South Fork Mitigation Site Wildlands Engineering, Inc. August 16, 2017 All vegetative plantings, performance criteria and other mitigation requirements for riparian restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being viable for nutrient offset credit above, one could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset in accordance with 15A NCAC 02B .0240. This viability assessment will expire on August 16, 2019 or upon the submittal of an As -Built Report to the DWR, whichever comes first. Please contact Katie Merritt at (919)-807-6371 if you have any questions regarding this correspondence. KAH/km Attachments: South Fork Site Map, USGS Topo cc: File Copy (Katie Merritt) Sincerely, Karen Higgins, Supervi 401 and Buffer Permitting ranch Page 313 Figure 3 South Fork Site Map W I L D L A N S 0 250 500 Feet Cane Creek Mitigation Bank ENGINEERI NG Cape Fear River Basin 03030002 Vor 71115/1"7 C '"7 Chatham County, NC Y �i lip sic 'raor � 1 L_ -�� Project Parcel w �a d.......� Proposed Easement Area loop • •' 11 -41 IN k.. _ w`, "vii'• '�`" .� 1 1 1974 USES U 07 utchPMITCrossroads, NC Figure 1 South Fork - USGS Topo Map ENGINEERI NG W I L D L A N G 0 250 500 Feet p Cane Creek Mitigation Bank L i i I ',Jr, Cape Fear River Basin 03030002 8 � �h � Chatham County, NC Figure 2 South Fork Soils Map W I L D L A N D S 0 250 500 Feet Cane Creek Mitigation Bank %2� ENGINEERING I I I I I t Cape Fear River Basin 03030002 fe° Chatham County, NC W APPENDIX D. Conservation Easement BK 1966 PG 0989 ?rt ,pa1f CA 10ar04- RECORDING REQUSTED BY AND WHEN RECORDED MAIL TO: Wildlands Engineering, Inc. 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Attention: Lee Knight Caffery FILED CHATHAM COUNTY NC LUNDAY A. RIGGSBEE REGISTER OF DEEDS FILED Jan 10, 2018 AT 02:40:05 pm BOOK 01966 START PAGE 0989 END PAGE 1004 INSTRUMENT # 00284 EXCISE TAX (None) SPACE ABOVE THIS LINE FOR RECORDER'S USE PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Conservation Easement") made this /9 day of Ote- r►ber , 2017 by and between James Michael Lindley, ("Grantor") and Unique Places to Save ("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 Chatham 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; BK 1966 PG 0990 (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: perennial and intermittent streams and riparian buffers. The purpose of this Conservation Easement is to maintain streams and riparian resources and other natural values of approximately 18.13 acres, more or less, and being more particularly described in Exhibit B attached hereto and incorporated fully herein by reference (the "Conservation Mitigation Easement Area"), and prevent the use or development of the Conservation Mitigation 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 Mitigation Easement Area is a condition of the approval of the Mitigation Banking Instrument (MBI) for the Cane Creek Umbrella Mitigation Bank, entitled "Agreement to Establish the Cane Creek Umbrella Mitigation Bank in the Cape Fear River Basin within the State of North Carolina" and the Cane Creek Umbrella Mitigation Bank - South Fork Site Mitigation Plan, Department of the Army (DA) Action ID Number SAW -2016-00219, to be made and entered into by and between Wildlands Holdings IV, LLC (Wildlands) acting as the Bank Sponsor and the Wilmington District Corps of Engineers (Corps), in consultation with the North Carolina Interagency Review Team (IRT). The Cane Creek 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 Mitigation Easement Area is a condition of the approval of the Cane Creek Riparian Buffer and Nutrient Offset Umbrella Mitigation Banking Instrument (MBI) and Bank Parcel Development Package (BPDP) for the South Fork Riparian Buffer and Nutrient Offset Mitigation Bank Parcel, North Carolina Division of Water Resources (NCDWR) Project ID# 2016-0225V2, to be made and entered into by and between Wildlands Holdings IV, LLC (Wildlands), acting as the Bank Sponsor, and the NCDWR when approved. When approval is granted, the Cane Creek Riparian Buffer and Nutrient Offset Site can 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, BK 1966 PG 0991 the rights of enforcement under the NC DWR Project ID# 2016-0225V2 and the Department of the Army instrument number SAW -2016-00219 ("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 Mitigation 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 Mitigation Easement Area inconsistent with the purpose of this Conservation Easement is prohibited. The Conservation Mitigation 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 Mitigation 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 Mitigation 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 Mitigation Easement Area. C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities, including any rights of passage for such purposes are prohibited. BK 1966 PG 0992 D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Conservation Mitigation 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 Mitigation 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 Wildlands Holdings IV, LLC and shall not violate any part of Item L of Article ll. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the Conservation Mitigation Easement Area; nor enlargement or modification to existing roads, trails orwalkways. G. Signage. No signs shall be permitted on or over the Conservation Mitigation Easement Area, except the posting of no trespassing signs, signs identifying the conservation values of the Conservation Mitigation Easement Area, signs giving directions or proscribing rules and regulations for the use of the Conservation Mitigation Easement Area and/or signs identifying the Grantor as owner of the Conservation Mitigation 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 Mitigation 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 Mitigation Easement Area, except to restore natural topography or drainage patterns. For purposes of restoring and enhancing streams and wetlands within the Conservation Mitigation Easement Area, Wildlands 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, BK 1966 PG 0993 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 Wildlands, 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 Mitigation Easement Area. M. Other Prohibitions. Any other use of, or activity on, the Conservation Mitigation Easement Area which is or may become inconsistent with the purposes of this grant, the preservation of the Conservation Mitigation 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 Mitigation Easement Area for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation Mitigation Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation Mitigation Easement Area, the right to sell, transfer, gift or otherwise convey the Conservation Mitigation 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 Wildlands Holdings IV, LLC acting as Bank Sponsor, the right to construct and perform activities related to the restoration, enhancement, and preservation of streams and riparian areas within the Conservation Mitigation Easement Area in accordance with the approved Cane Creek Umbrella Mitigation Bank - South Fork Site Stream and Wetland Mitigation Plan, the South Fork Bank Parcel Development Package, and the two Mitigation Banking Instruments described in the Recitals of this Conservation Easement. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its BK 1966 PG 0994 successors and assigns, the following rights in the areas labeled as "Internal Crossing" in the approved Cane Creek Umbrella Mitigation Bank - South Fork Site Mitigation Plan, Department of the Army (DA) Action ID Number SAW -2016-00219: Internal Crossing: vehicular access and livestock access is allowed. Crossings that allow livestock access will be bounded by fencing and will be over a culvert. 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 Mitigation Easement Area at all reasonable times for the purpose of inspecting the Conservation Mitigation 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, Wildlands, and its authorized representatives, successors and assigns, the Corps and NCDWR shall also have the right to enter and go upon the Conservation Mitigation 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 Mitigation Easement Area that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Conservation Mitigation Easement Area thatmay be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the terms of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction or restoration, including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. The Corps and the NCDWR shall BK 1966 PG 0995 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 Mitigation 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 Mitigation 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 Mitigation 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 Mitigation 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), under 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 BK 1966 PG 0996 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 set forth the entire agreements 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 except those incurred after the date hereof which are expressly subject and subordinate to the Conservation Easement. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Long -Term Management. If livestock operations will be maintained on the property, Grantor is responsible for all long-term management activities associated with fencing to ensure livestock do not have access to the Protected Property. These activities include the maintenance and/or replacement of fence structures, as deemed necessary by the Grantee, to ensure the aquatic resource functions within the boundaries of the Protected Property are sustained. G. Extinguishment. In the event that changed conditions render impossible the continued use of the Conservation Mitigation Easement Area for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. H. Eminent Domain. Whenever all or part of the Conservation Mitigation 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 Mitigation 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. BK 1966 PG 0997 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: James Michael Lindley 1800 Johnny Lindley Road Snow Camp, NC 27349 To Grantee: Unique Places to Save PO Box 1183 Chapel Hill, NC 27514-1183 To Sponsor: Wildlands Holdings IV, LLC 1430 S. Mint Street, Suite 104 Charlotte, NC 28203 Attention: Shawn D. Wilkerson Fax: 704-332-3306 To the Corps: US Army Corps of Engineers Wilmington District Regulatory Division 69 Darlington Avenue Wilmington, NC 28403 To NCDEQ -DWR: NCDEQ— Division of Water Resources 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 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. BK 1966 PG 0998 A Present Condition of the Conservation Mitigation Easement Area. The wetlands, scenic, resource, environmental, and other natural characteristics of the Conservation Mitigation Easement Area, and its current use and state of improvement, are described in Section 4 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 Mitigation 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 Mitigation 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. By: James Michael Lindley, Single Date: BK 1966 PG 0999 IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day and year first above written. (SEAL) Erik Lensch, Chairman of Unique Places to Save, A North Carolina Non—Profit Corporation BK 1966 PG 1000 NORTH CAROLINA COUNTY OF G h aA ay, I, /�� be L✓, a Notary Public in and for the County and State aforesaid, do hereby certify that aMe-i /Y►)'(A4t1 Lig✓��� Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the 19 day of Oct r ---bee , 20/1. tary Pu My commission expires: 21 ROBERT W. BUCG NOTARY PUBLIC Mecklenburg County North Carolina BK 1966 PG 1001 NORTH CAROLIIN COUNTY OF I, hG„M �. I ` 0 �Cv a Nota Public in and for the County and State re� aforesaid, do hereby certify that Erik Lens -1., , personally appeared before me this day and acknowledged that he is Chairman of Unique Places to Save, NC, a non-profit corporation, and that he, as Chairman, being authorized to do so, executed the foregoing on behalf of the corporation. IN WITN SS WHEREOF, I have hereunto set my hand and Notary Seal this the day of� M 20 Notary My commission expires: BK 1966 PG 1002 EXHIBIT A The following descriptions are taken from the plat entitled "Boundary — ALTA/ASCM Survey, Survey for: lames Michael Lindley" by SD Puckett & Assoc., PC recorded in Plat Slide 2016-306, Chatham County Registry, herein referred to as the "Survey". In the case of any inconsistency between the description on this Exhibit A and the Survey, the Survey shall control. COMMENCING at a point in the centerline of Moon Lindley Road, at the intersection of said Moon Lindley Road and Johnny Lindley, thence S 240 54' 06" W 433.12 feet to a point in the centerline of Johnny Lindley Road, the place and point of BEGINNING, and being an eastern corner of the Property; THENCE running from said point of BEGINNING the following courses and distances along the centerline of Johnny Lindley Road: L1 S 18 ' 42 ' 48 " W 19.25 ' L2 S 08 ° 57 ' 34 " W 89.53 ' L3 S 04 ° 43 ' 49 " W 93.14 ' L4 S 04 ' 09 ' 31 " W 91.25 ' L5 S 04 ° 32 ' 00 " W 92.01 ' L6 S 05 ° 01 30 " W 90.41 ' L7 S 04 ' 26 44 " W 90.93 ' L8 S 03 ' 55 56 " W 93.03 ' L9 S 03 ' 32 03 W 91.93 ' L10 S 03 ` 23 50 W 92.38 ' L11 S 03 ' 15 33 W 90.91 ' L12 S 03 0 22 28 W 89.29 ' L13 S 02 ° 52 ' 43 W 94.74 ' L14 S 02 ° 04 ' 54 " W 63.38 ' L15 S 06 ' 46 ' 04 " W 22.63 ' Thence S 02' 58' 07" W 1,451.40 feet, leaving the centerline of Johnny Lindley Road and continuing to a divet and stone and being the southeastern most corner of the Property; thence N 88' 51' 16" W 2,703.06 feet to a 1" iron pin, the southwestern most corner of the Property; thence N 03' 28' 36" E 1,325.18 feet to a 3/" iron pin; thence N 45' 50' 27" W 2,004.26 feet to a W iron pin; thence N 00' 28' 21" E 325.76 feet to a 1" iron pin; thence N 88° 49' 44" E 1,996.40 feet to a W iron pin; thence N 13'58' 47" E 1,196.27 feet to a 3/4 " pinched top iron pipe; thence S 69° 06' 55" E 740.54 feet to a bent axle; thence S 13° 32' 30" W 1,300.77 feet to a computed point; thence S 850 30' 04" E 1,559.35 feet to the place and point of BEGINNING and containing 232.18 acres as shown on the Survey. See Map Book 2016 Page 306. BK 1966 PG 1003 EXHIBIT B The following descriptions are taken from the plat entitled "Boundary—ALTA/ASCM Survey, Survey for: James Michael Lindley" by SD Puckett & Assoc., PC recorded in Plat Slide 2016-306, Chatham County Registry, herein referred to as the "Survey". In the case of any inconsistency between the description on this Exhibit B and the Survey, the Survey shall control. Conservation Mitigation Easement B1 (+- 1.92 acres): Commencing at a bent axle in a northeastern corner of the Property, said corner being a northwestern corner of the parcel now or formerly owned by James Randall Lindley (06 E 98) having Parcel Number 1076, as shown on the Survey; thence running S 13032'30" W 1,300.77 feet to a computed point; thence S85030'04" E 28.99 feet, the place and point of BEGINNING; thence running the following courses and distances: B1 S 85 ° 30 ' 04 " E 542.01 ' B2 S 00 ° 28 ' 21 " W 100.43 ' B3 S 85 ° 03 ' 17 " E 381.00 ' B4 S 10 C 03 ' 40 " E 108.09 ' B5 S 40 29 ' 54 " W 123.21 ' B6 S 43 31 ' 42 " E 193.08 ' B7 N 11 21 ' 17 " E 173.63 ' to the place and point of BEGINNING, containing 1.92 acres according to the Survey, and being "Conservation Mitigation Easement B-1" as shown on the Survey recorded in Map 2016 Page 306. Conservation Mitigation Easement B2 (+- 9.74 acres): Commencing at a bent axle in a northeastern corner of the Property, said corner being a northwestern corner of the parcel now or formerly owned by James Randall Lindley (06 E 98) having Parcel Number 1076, as shown on the Survey; thence running S 13032'30"W 1,300.77 feet to a computed point; thence S85°30'04"E 28.99 feet, thence S 11021'17" W 173.63 feet; thence S 19°18'12" W 56.2 feet to the place and point of BEGINNING; thence running the following courses and distances: B8 S 43 ' 31 ' 42 " E 172.65 ' B9 S 12 ' 38 ' 47 " W 169.62 ' B10 S 42 ' 26 ' 14 " E 197.81 ' B11 S 22 ' 53 ' 46 " E 131.95 ' B12 S 42 ` 52 ' 06 " E 196.09 ' B13 S 36 ° 58 ' 47 " E 267.16 ` B14 S 03 ' 34 ' 25 " W 406.80 ' B15 S 44 59 ' 11 " W 623.32 ` B16 N 38 - 27 ' 53 " W 189.86 ' B17 N 43 ' 53 ' 41 " E 226.04 ' B18 N 50 C 16 ' 46 " E 278.09 ' BK 1966 PG 1004 B19 N 06 ` 46 ' 09 " E 312.33 ' B20 N 40 ' 44 ' 34 " W 228.91 ' B21 N 25 ' 17 ' 02 " W 335.70 ' B22 N 53 ` 30 ' 58 " W 71.98 ' B23 S 20 ' 35 ' 02 " W 567.32 ' B24 N 69 ° 56 ' 19 " W 157.86 ' B25 N 22 ° 22 ' 34 " E 556.40 ' B26 N 06 ' 33 ' 45 " E 277.05 ' B27 N 28 ' 33 ' 37 " E 148.28 ' To the place and point of BEGINNING, containing 9.74 acres, according to the Survey, and being "Conservation Mitigation Easement 'B-2"' as shown on the Survey recorded in Map 2016 Page 306. Conservation Mitigation Easement B3 (+- 6.47 acres): Commencing at the intersection of the southern boundary of the Property and the western boundary of Johnny Lindley Road (a public right of way); thence running N38008'48"E 62.61 feet; thence N88'51'16"W 531.94 feet, thence N 01008'44"E 142.31 feet; to the place and point of BEGINNING; thence running the following courses and distances: B47 N 63 ° 25 18 " W 84.62 ' B48 N 53 ' 31 24 " W 127.35 ' B49 S 07 ° 43 33 " W 120.71 ' B50 S 40 ' 39 20 " W 80.29 ' B51 S 09 ' 32 24 " W 71.22 ' B28 N 88 ° 51 16 " W 322.50 ' B29 N 53 ' 14 ' 01 " E 324.35 ` B30 N 22 C 22 ' 45 " W 218.51 ' B31 N 63 ° 57 ' 02 " W 388.08 ' B32 S 48 ' 42 ' 41 " W 233.97 ' B33 N 78 ° 04 ' 49 " W 148.58 ' B34 S 66 ` 32 ' 39 " W 70.01 ' B35 N 19 ° 46 ' 56 " W 128.28 ` B36 N 66 0 50 ' 10 " E 121.53 ' B37 S 66 ° 52 ' 27 " E 107.01 ' B38 N 34 ° 09 ' 59 " E 113.80 ' B39 N 61 ' 20 ' 15 " E 166.44 ' B40 S 63 ' 52 ' 05 " E 373.63 ' B41 N 24 ° 16 ' 11 " E 267.95 ` B42 S 38 C 27 ' 53 " E 183.22 ' B43 S 26 ° 49 ' 10 " W 178.29 ` B44 S 19 C 12 ' 42 " E 104.43 ' B45 S 67 ° 25 ' 11 " E 373.58 ' B46 S 38 ` 55 ' 17 " W 154.09 ' To the place and point of BEGINNING, containing 6.47 acres according to the Survey, and being "Conservation Mitigation Easement 'B-3" as shown on the Survey recorded in Map 2016 Page 306. APPENDIX E. Financial Assurance PERFORMANCE BOND Travelers Casualty and Surety Company of America FOR MONITORING One Tower Square, Hartford, CT 06183 Bond No. 107063164 KNOW ALL MEN BY THESE PRESENTS, that we, Wildlands Holdings IV, LLC, as Principal, and Travelers Casualty and Surety Company of America, licensed to do business in the State of North Carolina as Surety, are held and firmly bound unto North Carolina Department of Environmental Quality — Division of Water Resources (Obligee), in the penal sum of One Hundred Thousand & no/100 Dollars ($100,000), lawful money of the United States of America, for the payment of which sum, well and truly to be made, the Principal and Surety do bind themselves, their heirs, executors, administrators, and successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into certain written Agreement with the above named Obligee, effective the 6th day of March, 2018 for South Fork Nutrient Offset and Buffer Mitigation Bank Parcel located within the Cape Fear River Basin in the State of North Carolina, United States Geological Survey ("USGS" Hydrologic Unit code 03030002), as more fully described in said Agreement, a copy of which is attached, which Agreement is made a part hereof and incorporated herein by reference, except that nothing said therein shall alter, enlarge, expand or otherwise modify the term of the bond as set out below. NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully perform the monitoring obligations, according to the terms, stipulations or conditions thereof, then this obligation shall become null and void, otherwise to remain in full force and effect. This bond is executed by the Surety and accepted by the Obligee. Notwithstanding the provisions of the Contract, the term of this bond shall apply from May 3, 2019 and end with the approval of the Year 1 Monitoring Report by the North Carolina Department of Environmental Quality — Division of Water Resources but may be extended by the Surety with a Continuation Certificate for future monitoring years 2-5. However, neither nonrenewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of nonrenewal, shall itself constitute a loss to the Obligee recoverable under this bond or any renewal or continuation thereof. The liability of the Surety under this bond or any continuation certificates issued in connection therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surety as supplements thereto. Sealed with our seals and dated this 3 day of May, 2019. 0't" v ,,� ^l Qucvc)�+ r% Witness Witness Wi lands Holdings IV, LLC Principal Travelers Casualty and Surety Company of America Phoebe C. Honeycutt, Attorney -i Agreed and acknowledged this day of , 2019 By: Obligee S-5025 (08-99) McGriff Insurance—Services 4309 Emperor Blvd., Suite 300 Durham, NC 27703 Travelers Casualty and Surety Company of America AW Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint PHOEBE C HONEYCUTT of DURHAM North Carolina , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. •Y Ty A PMMFAelm ¢ HAiRFORD, �pQA41( � CONN. o VK J �L JDr 6+ pia State of Connecticut City of Hartford ss. Robert L. Raney, Se for Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. a.TR My Commission expires the 30th day of June, 2021 iAq * �0ueups* Mane C. Tetreault, Notary Public Of'f' This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 3 day of May 12019 0(07-o) np m CON Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Att arney-in-Fact and the details of the bond to which the power is attached, APPENDIX F. Overview Photos South Fork Buffer and Nutrient Mitigation Bank Appendix F: Overview Photographs South Fork Buffer and Nutrient Mitigation Bank Appendix F: Overview Photographs APPENDIX G. Permit Approvals Water Resources Environmental Quality January 22, 2018 Wildlands Engineering Attn: Mr. Charlie Neaves 1430 South Mint Street, Suite 104 Charlotte, NC 28203 ROY COOPER ("Overrrur MICHAEL S. REGAN sec,c1a) r LINDA CULPEPPER Infe rim Director DWR # 16-0225 Chatham County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Cane Creek Umbrella Mitigation Bank: South Fork Site Dear Mr. Neaves: You have our approval for the impacts listed below for the purpose described in your application dated December 1, 2017, received by the Division of Water Resources December 5, 2017. These impacts are covered by the attached Water Quality General Certification Number 4091 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certifications) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] r`Nothing Compares - State of North Carolina I Environmental Quality i 61 1 Mail Service Center I Raleigh, North Carolina 27699-1611 919-747-9000 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary 404/401 Wetlands W1 0.001 (acres) 0 (acres) W2 0.016 0 W3 0.005 0 W4 0.014 0 W5 0.005 0 W6 0.014 0 W7 0.019 0 Total 0.074 0 Stream S1 0 (linear feet) 33 (linear feet) S2 0 17 S3 1,805 0 S4 278 0 55 0 16 S6 0 38 S7 0 23 S8 0 22 S9 0 14 S10 756 0 S11 0 17 S12 S13 S14 S15 0 0 0 83 8 26 21 0 S16 169 0 S17 0 6 S18 264 0 S19 0 6 S20 S21 0 0 6 6 S22 0 6 S23 0 6 S24 336 0 S25 S26 0 0 8 12 S27 S28 0 0 5 8 S29 0 27 S30 0 8 S31 100 0 S32 370 0 S33 0 24 Total 4161 363 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certifications)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. The issuance of the 401 Water Quality Certification for the restoration/enhancement project does not represent an approval of credit yield for the project. [15A NCAC 02H .0500(h)] 4. You have our approval for your proposed final stream enhancements/restorations plan. The stream restorations/enhancements must be constructed, maintained, and monitored according to the plans approved by this Office and this Certificate of Coverage. Any repairs or adjustments to the site must be made according to the approved plans or must receive written approval from this Office to make the repairs or adjustments. [15A NCAC 02H .0506(h)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: !f sending via US Postal Service: !f sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Mac Haupt at 919-807-6476 or mac_.haupt@ncdenr.gov if you have any questions or concerns. Sincerely, Karen Higgins, Supervisor 401 & Buffer Permitting Branch Enclosures: GC 4091 cc: Samatha Dailey, USACE Raleigh Regulatory Field Office Danny Smith, DWR Raleigh Regional Office 401 file DWR 401 & Buffer Permitting Branch file Filename: 160225South Fork(Chatham)_401_approva I letter.dou U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2016-02364 County: Chatham U.S.G.S. Quad: NC -SILK HOPE NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Wildlands Enjineering Win Taylor Address: 497 Bramson Court, Suite 104 Mt. Pleasant, SC 29464 Telephone Number: (843) 277-6221 Size (acres) Nearest Waterway USGS HUC Location description: 18 acres (approximately) South Fork Cane Creek 03030002 Indicate Which of the Following Apply: A. Preliminary Determination Nearest Town Snow Camp River Basin Cape Fear Coordinates Latitude: 35.8325 Longitude: -79.3677 X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RNA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action., by contacting the Corps district for further instruction. There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USG § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. Page 1 of 2 SAW -2016-02364 _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Andrew Williams at (919) 554-4884 or Andrew. E.Williams2(a,usace.army. mil. C. Basis For Determination: See the attached Preliminary Jurisdictional Determination Form for this Corps project, SAW -2016-02364. Also, see the attached map, (Figure 3, Cane Creek Umbrella Mitigation Bank) D. Remarks: None E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 33I. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M 15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not Applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. SAW -2016-02364 Corps Regulatory Official: Date: May 3, 2017 Expiration Date: Does not expire The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at htt ://coz sma u.tLsace.a.rniv.nail/cn- a ex/f? =136:4:0. Copy Furnished: James Lindley 1727 Johnny Lindley Road Snow Camp, North Carolina 27349 SAW -2016-02364 SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at httusace. arm y.mil?Missions/CivilWorksiRe jllatoryPro2ramandPermits.as ,� or Corps. regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section I1 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Win Taylor Wildlands En ineerin File Number: SAW -2016-02364 Date: May 3, 2017 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at httusace. arm y.mil?Missions/CivilWorksiRe jllatoryPro2ramandPermits.as ,� or Corps. regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section I1 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. SAW -2016-02364 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR. QL7`)rSTIQNS OR INFQRMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: Andrew Williams CESAD-PDO 3331 Heritiage Trade Drive, Suite 105 U.S. Army Corps of Engineers, South Atlantic Division Wake Forest, North Carolina 27587 60 Forsyth Street, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Andrew Williams, 3331 Heritiage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 ATTACHMENT PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): March 30, 2017 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Win Taylor 497 Bramson Court, Suite 104 Mt. Pleasant, SC 29464 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Raleigh Regulatory Field Office C,a,v-C cr«k Gtr-brc I/ ---i-:' &AQ h/ S-aw_ mar(, -40'3(q D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The South Fork Site is located off of Johnny Lindley Road northwest of the Town of Pittsborro in northwestern Chatham County, NC (Figures 1 and 2). The South Fork Site is in the planning and design phase for the development of a stream and wetland mitigation bank. To date, a draft mitigation plan is being developed and Wildlands is currently in the process of finalizing easement boundaries. The project will involve the restoration and enhancement of approximately 6,300 linear feet of stream. (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State- NC County/parish/borough: Chatham City: Snow Camp Center coordinates of site (lat/long in degree decimal format): Lat. 35.826080 Long. 79.380596 Universal Transverse Mercator: Name of nearest waterbody: South Fork Cane Creek Identify (estimate) amount of waters in the review area: Non -wetland waters: 6,715 linear feet- 5 - 15 width (ft) and/or acres. Cowardin Class: Unconsolidated Bottom - Streambed Stream Flow: Perennial & Intermittent Wetlands- 0.412 acres. Cowardin Class: Palustrine Emergent & Forested Wetlands Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: N/A 111111111111111111120 Moron. iZrP-A E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: 3 M4y �01� Field Determination. Date(s): -D-$ Mflr 4 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or 2 to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "may be"waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply checked items should be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Wildlands Engineering. ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. Wildlands Engineering (Z Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ® U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: 7.5 Minute Cruthchfields Crossroads Quadrangles. ® USDA Natural Resources Conservation Service Soil Survey. Citation: Chatham County Soils. ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): 2013. or ® Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Z4;"ee,.j lu-'Z� Signature and date of Regulatory Project Manager (REQUIRED) 3/30/2017 Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Table 1. Summary of On -Site Jurisdictional Waters Jurisdictional Feature Latitude Longitude Cowardin Class Estimated Amount of Aquatic Class of Aquatic Resource in Review Area Resource SFA3S.825091 4 -79.3 80120 Riverine-Streambed 8 3,7 3 Perennial Non -Wetland Water SF4A 35•$25036 -79.380126 Riverine-Streambed 279 Intermittent Non - Wetland Water UT -i- Reach 1 35.821765 -79.381899 Riverine-Streambed 468 Intermittent Non - Wetland Water UT1- Reach 2 35.822286 -79.38172-1 Riverine-Streambed 169 Perennial Non -Wetland Water UTZ - Reach 1 35.823064 -79-384123 Riverine-Streambed 596 Intermittent Non - Wetland Water UT2-Reach 2 35.823263 -79.382661 Riverine-Streambed 408 Perennial Non -Wetland Water UT3 35•$24318 -79.380320 Riverine-Streambed 194 Intermittent Non - Wetland Water UT4- Reach 1 35.826187 -79.382302 Riverine-Streambed 389 Intermittent Non - Wetland Water UT4- Reach 2 35.826977 -79.381740 Riverine-Streambed 370 Perennial Non-Wetland Water UT5 35.828000 1 7 -78.380775 Riverine-Streambed 58 Intermittent Non - 1Wetland Water Wetland A 35.822932 -79.384926 Palustrine-Emergent 0.008 Non -Section 3.o - Wetland Wetland B 35.822928 -79.384745 Palustrine-Emergent o.006 Non -Section 10 - Wetland Wetland C 35.823002 -79.384643 Palustrine-Emergent 0-001 Non -Section 10 - Wetland Wetland D 35.823057 -79.384358 Palustrine-Emergent 0.027 Non -Section 10 - Wetland Wetland E 35•S23708 -78.381651 Palustrine Forested 0.014 Non -Section 10 - Wetland Wetland F 35.824171 -79.3$0911 Palustrine Forested 0.008 Non -Section 10 - Wetland Jurisdictional Feature Latitude Longitude Cowardin Class Estimated Amount of Aquatic Class of Aquatic Resource in Review Area Resource Wetland J 35.825694 -79.380016 Palustrine-Emergent 0.005 Non -Section io — Wetland Wetland K 35.825845 -79.379770 Palustrine-Emergent 0.038 Non -Section so — Wetland Wetland L 35.826288 -79.380581 Palustrine-Emergent 0.014 Pion -Section 10 — Wetland Wetland M 35.827012 -79.381073 Palustrine Forested 0.021 Non -Section so — Wetland Wetland N 35•$25925 -79.3$2345 Palustrine Forested 0.018 Non -Section 10 — Wetland Wetland O 35.828453 -79.381000 Palustrine Forested 0.153 Nan -Section 10 — Wetland Wetland P 35.828038 -79.382006 Palustrine Forested 0.099 Non -Section 10— Wetland d.. I South Fork Proposed Easement t-9, Delineated Wetlands \UTS Perennial Non-wetlan d Waters yi Intermittent Non -wetland Waters f t, P (DP22) Q' Wetland M {01318} '�' •fie r�`> Sf';, Upland (Df i7}� �Fqq Wetland L (DP15) 41 .max and (DP20) Wetland N ([71319} `Wetland K (DP15) a Upland (DP14) v Wetland J (DP13) c SF4A Intermittent-- Upland (DP11) Upland (DP9). or Ts Wetland F (DP7) - j Wetland D (DPS) wetland AjDPI} Wetland B (DP2 f( Wetland C (DP4) a Upland (DP3) -Ol '� UTI Pct - 4 � twit x UT1 it1 cC Mid r J`V-..}r Regulatory Division/1200A DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 Action ID No. SAW -2016-02364 March 8, 2019 Re: As -Built Implementation Credit Release associated with Cane Creek Umbrella Mitigation Bank, South Fork Mitigation Site Mr. Jeff Keaton Wildlands Engineering, Inc. 312 W Millbrook Road, Suite 225 Raleigh, North Carolina 27609 Dear Mr. Keaton: This correspondence is in reference to the Cane Creek Umbrella Mitigation Site, South Fork Mitigation Site, located within the South Fork Cane Creek watershed of the Cape Fear River Catalog Unit (03030002). The site is located along Johnny Lindley Road, near Snow Camp, in Chatham County, North Carolina. The purpose of this letter is to confirm the As -Built Implementation credit release for this mitigation site. Pursuant to the Mitigation Banking Instrument (UMBI) entitled, Agreement to Establish the Cane Creek Umbrella Mitigation Bank in the Cape Fear River Basin within the state of North Carolina, approved February 1, 2018; and the site-specific South Fork Mitigation Site Final Mitigation Plan, dated October 2017; and the Baseline Monitoring Document and As -Built Baseline Report — South Fork Site dated January 2019, 15 percent of the mitigation site's total stream restoration and enhancement credits shall be available for sale immediately upon completion of all of the following: a. Successful completion of all stream restoration and enhancement activities (As -Built Construction) as described in the Plan, dated October 2017; b. Successful completion of all planting activities as described in the Plan, dated October 2017; and c. Successful completion of easement fencing suitable for livestock exclusion as outlined in the Plan, dated October 2017. By copy of this correspondence, we confirm that you have satisfied the above requirements for the As -Built Implementation credit release. As such, 647.7 stream mitigation units (SMUs), constituting 15 percent of the mitigation bank site's total stream credits are now available for sale. To date, 30 percent (1295.4 SMUs) of the total stream restoration and enhancement credits (4318 SMUs) have been released. Our records indicate that zero (0) SMUs associated with this mitigation site have been debited as of March 8, 2019. Therefore, the current total amount of credits available for sale is 1295.4 SMUs. Thank you for your interest in restoring and protecting waters of the United States. If you have questions regarding this letter, please contact Samantha Dailey, Raleigh Regulatory Field Office at Samantha.J.Daileykusace.army.mil or telephone (919) 554-4884, Extension 22. Sincerely, Jean B. Gibby Chief, Raleigh Regulatory Field Office Regulatory Division Electronic Copies Furnished: NCIRT Distribution List WATERSHED PROTECTION DIVISION Environmental Quality Department CHATHAM COUNTY P.O. Box 548 NORTH CAROLINA Pittsboro, NC 27312 PHONE: (919) 545-8343 Fax: (919) 542-8268 • E-mail: mmgan.dewit@chathamnc.org • Website: www.chathamne.org Soil Erosion and Sedimentation Control Shawn Wilkerson Wildlands Engineering, Inc. 1430 South Mint Street, Ste. 104 Charlotte, NC 28203 RE: Project Name: Project Number: Acres approved: Submitted by: Date Received: LETTER OF APPROVAL April 25, 2018 South Fork Stream Mitigation Site 2018-02787 23.7 Wildlands Engineering, Inc. 4/25/2018 To The Above Named Person and Entity, This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable and hereby issue this Letter of Approval. The enclosed Certificate of Approval must be posted at the job site. This plan approval shall expire two (2) years following the date of approval, if no land -disturbing activity has been undertaken. Section 10 (1) of the Chatham County Sedimentation and Erosion Control Ordinance requires that a copy of the approved erosion control plan be on file at the job site. Also, this letter gives the notice required by G.S. 113A -61.1(a) of our right of periodic inspection to insure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Act is performance -oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, the erosion and sedimentation control plan is inadequate to meet the requirements of the Chatham County Sedimentation and Erosion Control Ordinance, this office may require revisions to the plan and implementation of the revisions to insure compliance with the Act. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may T WATERSHED PROTECTION DIVISION Environmental Quality Department CHATHAM COUNTY P.O. Box 548 NORTH CAROLINA Pittsboro, NC 27312 PHONE: (919) 545-8343 Fax: (919) 542-8268 • E-mail: morgan.dewit@chathamnc.org • Website: www.chathamne.org also apply to this land -disturbing activity. This approval does not supersede any other permit or approval. Please be aware that your project will be covered by the enclosed NPDES General Stormwater Permit NCGO1000 (Construction Activities). You should first become familiar with all of the requirements for compliance with the enclosed general permit. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Form, which you provided. You are requested to file an amended form if there is any change in the information included on the form. Please notify us when you would like to schedule a preconstruction conference. Notification shall be given at least 7 days prior to initiation of activity. Your cooperation is appreciated. Sincerely, .2'.,� vetAJ Morgan DeWit, PE Senior Watershed Specialist Watershed Protection Division Chatham County