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
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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%
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ENGINEERING 0 0.5 1 Miles As -Built Report
Cape Fear River Basin 03030002
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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
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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 '
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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
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- 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�
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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).
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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
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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:
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WILDLANDS ENGINEERING, INC.
P.O. BOX 148
O�,
SOUTH FORK MITIGATION SITE
S\VANNANOA, NC 28778
W
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CREEK UMBRELLA MITIGATION BANK
_-
P-0702 (919) 827-0745
wo
N
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CAPE FEAR RIVER BASIN
ND-SARVEYING www.turneriandsurveying.com
o
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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
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PMMFAelm
¢ HAiRFORD, �pQA41(
� CONN. o VK
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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