20160979 Ver 2_Poplar Creek BPDP for PN_20190114

Bank Parcel Development Plan
Poplar Creek Buffer Mitigation Site
DWR Project Number: 20160979 v2
Johnston County, North Carolina
Neuse River Basin
HUC 03020201
Prepared By:
Ores
Bank Sponsor: EBX-Neuse I, LLC,
302 Jefferson Street, Suite 110
Raleigh, NC 27605
919-829-9909
January 2019

Table of Contents
1 INTRODUCTION..............................................................................................................................1
1.1 Parcel Location.............................................................................................................................1
1.2 Parcel Overview............................................................................................................................1
2 PROJECT AREA — EXISTING CONDITIONS............................................................................. 2
2.1 Physiography................................................................................................................................
2
2.2 Soils..............................................................................................................................................
3
2.3 Existing Riparian Conditions.......................................................................................................
3
2.4 Wetlands.......................................................................................................................................
5
2.5 Threatened and Endangered Species............................................................................................
5
2.6 Environmental and Cultural Constraints......................................................................................
6
2.7 Federal Emergency Management Agency (FEMA) Floodplain/Floodway Mapping .................
6
3 RIPARIAN RESTORATION, ENHANCEMENT, AND PRESERVATION PLAN..................6
3.1 Parcel Preparation.........................................................................................................................
7
3.2 Riparian Restoration Activities....................................................................................................
7
3.3 Riparian Enhancement Activities.................................................................................................
8
3.4 Riparian Preservation Activities...................................................................................................
8
3.5 Planting Plan.................................................................................................................................
8
3.6 Easement Boundaries and Fencing...............................................................................................
9
4 MONITORING AND MAINTENANCE PLAN............................................................................. 9
4.1 Monitoring Protocol and Success Criteria....................................................................................
9
4.2 Adaptive Management Plan and Parcel Maintenance................................................................10
4.3 Long Term Management Plan....................................................................................................10
5 FINANCIAL ASSURANCE............................................................................................................11
6 MITIGATION POTENTIAL..........................................................................................................11
7 CREDIT RELEASE SCHEDULE FOR POPLAR CREEK........................................................13
8 REFERENCES.................................................................................................................................14
APPENDIX
Appendix A— Supporting Figures
Figure 1. Service Area Map
Figure 2. Vicinity Map
Figure 3. Existing Conditions Map
Figure 4. Conceptual Design Plan for Riparian Buffer Bank
Figure 5. Conceptual Design Plan for Stream Mitigation
Figure 6. Buffer Zones
Figure 7. USGS Map
Figure 8. Soils Map
Figure 9. National Wetlands Inventory Map
Figure 10. FEMA Map
Figure 11. Monitoring Plan Map
Appendix B— Correspondence
Appendix C— Conservation Easement and Plat
Appendix D — Existing Conditions Photos (April 4, 2018)
Appendix E — Plan Sheets for Pond
Poplar Creek Parcel Development Package
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1 INTRODUCTION
EBX—Neuse I, LLC (EBX), an entity of Resource Environmental Solutions (RES), is pleased to provide
this Bank Parcel Development Plan (BPDP) for the Poplar Creek Riparian Buffer & Nutrient Offset
Mitigation Bank ("Parcel"). This Parcel is designed to provide riparian buffer mitigation credits for
unavoidable impacts due to development within the Neuse River Basin, United States Geological Survey
(USGS) 8 -digit Hydrologic Unit Code (HUC — 03020201). In addition, it will also provide nutrient offset
credits in the 03020201 HUC, excluding the Falls Lake Watershed, for existing and proposed development
requiring such mitigation (Figure 1). This BPDP is in accordance with the Consolidated Buffer Mitigation
Rule 15A NCAC 02B .0295, 15A NCAC 0213.0240 and the RES Poplar Creek Umbrella Mitigation
Banking Instrument for Riparian Buffer Mitigation and Nutrient Offset Credits (LIMBI), made and entered
into by EBX-Neuse I, LLC acting as the Bank Sponsor (Sponsor), and the North Carolina Department of
Environmental Quality -Division of Water Resources (DWR). Supporting figures can be found in
Appendix A. The BPDP has also been designed in concurrence with Poplar Creek Stream Mitigation Site
in the Neu -Con Stream and Wetland Umbrella Mitigation Bank (SAW# 2016-01985). The mitigation plan
for the Poplar Creek Stream & Wetland Mitigation Bank has been submitted and is in review with the
Interagency Review Team (IRT). The Poplar Creek Stream Mitigation Site is proposed to provide stream
enhancement and restoration on approximately 4,273 linear feet of streams, to generate 3,926 stream
mitigation units, within the conservation easement through a separate mitigation banking instrument with
the IRT.
1.1 Parcel Location
The Poplar Creek Parcel is located in Johnston County approximately three miles north of Smithfield,
North Carolina (Figure 2). The Parcel is located within Neuse River Basin USGS 14 -digit HUC
03020201100050, a Targeted Local Watershed, and DWR Subbasin Number 03-04-02.
To access the Parcel head East on NC 70 from the Town of Wilson Mills and turn right onto Wilson Mills
Road and head south for approximately a quarter of a mile, then turn left onto Lee Youngblood Loop. The
coordinates of the site are 35.5521'N, -78.3568'W.
1.2 Parcel Overview
The Poplar Creek Bank Parcel is being proposed to restore and enhance stream systems with their
adjacent riparian buffers and their functions and values to compensate, in appropriate
circumstances, for unavoidable riparian buffer impacts and nutrient load reduction requirements.
When combining the Poplar Creek Stream & Wetland Mitigation Bank with the Poplar Creek Umbrella
Mitigation Banking Instrument, the conservation easement will total approximately 23.59 acres and
includes three unnamed tributaries that drain to Poplar Creek. The Parcel is located in an area dominated
by agricultural fields, cattle pastures and wooded areas (Figure 3). The majority of the Parcel is actively
grazed pasture and disturbed riparian forest. Additional land use practices including the maintenance
and removal of riparian vegetation, maintained vegetation, actively grazed pasture, and agricultural ponds;
all of which have resulted in degraded water quality and unstable channel characteristics. The Parcel
also contains one agricultural pond that has been in place for at least 20 years.
The easement is broken up into four portions, separated by Lee Youngblood Road. The project is divided
into eastern, upper -middle, lower -middle, and western portion; with a total drainage area of 190 acres (0.3
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mit) (Figure 3 and Figure 4). The western portion of the project includes Y131 -C. The upper -middle
portion of the project includes YB2-A and an existing agricultural pond that will be drained and
incorporated into Y132 -A. The lower -middle portion of the project includes Y132-13. The eastern portion
of the project includes YB3. Stream identifications and buffer viability determinations were verified by
the DWR site visit on August, 19 2016. All the riparian areas were assessed by DWR during an onsite
visit to determine viability for buffer mitigation and nutrient offset. During the site visit and noted in the
letter dated December 6, 2016, YB1 was confirmed to not have cattle access; YB2 was confirmed to have
been in pasture and have cattle access in forested riparian areas; Y133 was confirmed to not have cattle
access. Correspondence regarding this determination is in Appendix B.
For purposes of the Poplar Creek Nutrient Offset & Buffer Bank, the Parcel involves restoring riparian
buffers and other riparian areas adjacent to mitigated streams onsite (Appendix B). The BPDP will only
generate credit within the 0-50 foot buffer from the top of bank; buffer areas greater than 50 feet from the
top of bank are being claimed for additional stream credit in the Poplar Creek Stream Mitigation Bank
(Figure 5). As shown on Figure 6, this area is solely being used for the generation of stream mitigation
credits. These areas will not be used for the generation of any other credit type (i.e. the same square foot of
buffer cannot be used to generate wetland credit, nutrient offset credits or state buffer credits). There will
be no overlap in the buffer bank credit areas and stream credit for additional buffer areas (Figure 6).
The parcel will have approximately 23.59 acres protected with a permanent conservation easement. Of
those 23.59 acres, 2.05 acres will be restored for Neuse riparian buffer credit (which are not viable to
generate nutrient credit, due the locality within the pond bottom), 3.56 acres will be enhanced by the
removal of cattle from the streams (which are not viable to generate nutrient offset), 3.89 acres will be
preserved (which are not viable to generate nutrient credit), and 0.63 acres (1,432.0 pounds) will be restored
for nutrient offset credit. According to 15A NCAC 02B .0295 (o)(4) and (5), "the area of preservation
credit within a buffer mitigation site shall comprise of no more than 25% of the total area of buffer
mitigation".
2 PROJECT AREA — EXISTING CONDITIONS
2.1 Physiography
The Parcel is in the Rolling Coastal Plain Physiographic Province. Soils in the Coastal Plain region formed
in sediment deposits several millions of years ago by the ocean and streams; however, the floodplains
along the Neuse River consist of fairly recent deposits. These deposits are not as weathered as the
sediments in the Coastal Plain region. The site is located on the Poplar Creek floodplain and has a gently
rolling topography. Elevations range from 130 to 190 feet above mean sea level (NAD 27) based upon
USGS topographic mapping (Figure 7). Three unnamed tributaries on the Poplar Creek Bank Parcel as
well as overland flow of stormwater drain into the Poplar Creek.
The portion of the Neuse River that includes Poplar Creek and the three project tributaries drain to, has
been assigned as Water Supply IV (WS -IV) and Nutrient Sensitive Waters (NSW) (NCDWQ 2011). Water
Supply IV (WS -IV) waters are used as sources of water supply for drinking, culinary, or food processing
purposes where a WS -1, II or III classification is not feasible. These waters are also protected for Class C
uses. WS -IV waters are generally in moderately to highly developed watersheds or Protected Areas
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(NCDWQ 2011). Nutrient Sensitive Waters (NSW) is a supplemental classification intended for waters
needing additional nutrient management due to being subject to excessive growth of microscopic or
macroscopic vegetation (NCDWQ 2011). Natural drainage patterns throughout the watershed have been
altered by agricultural production, agricultural ponds, and dredging of the channels. Within the proposed
mitigation area, the channels drain surface water and groundwater from the surrounding cattle pastures.
Also, as shown on the Existing Conditions map (Figure 3), the construction of a farm pond has altered
surface drainage and placed spoil across the floodplain.
2.2 Soils
The Johnston County Soil Survey shows several mapping units across the project. Map units include seven
soil series. The soil series found on the Project are described below and summarized in Table 1. Project
soils are mapped by the NRCS as Goldsboro sandy loam, Marlboro sandy loam, Marlboro -Cecil complex,
Nason silt loam, Norfolk loamy sand (A -slope and B -slope), Rains, and Wehadkee within the easement
(Figure 8). All soils except for Wehadkee are not frequently flooded. Wehadkee soils are frequently
flooded. Marlboro, Marlboro -Cecil complex, Nason silt loam, Norfolk loamy sand, are all well drained
soils. Goldsboro sandy loam is a moderate well drained soil. Rains and Wehadkee loam are both poorly
drained soils.
Table 1. Parcel Mapped Soil Series
Map
Unit
Map Unit Name
Percent
Drainage Class
Hydrologic
Landscape
Symbol
Hydric
Soil Group
Setting
GoA
Goldsboro sandy loam,
2
Moderately
B
Flats and Marine
0-2 % slopes
Well Drained
Terraces
MaB
Marlboro sandy loam, 2-
0
Well Drained
B
Low Ridges and
8 % slopes
Marine Terraces
Marlboro -Cecil
Coastal Plain, Low
McB
complex, 2-8 % slopes
0
Well Drained
B
Ridges on Marine
Terraces
NnD
Nason silt loam, 8-15 %
0
Well Drained
B
Hillslopes on Ridges
slopes
and Uplands
NoA
Norfolk loamy sand, 0-2
0
Well Drained
A
Coastal Plains and
% slopes
Marine Terraces
NoB
Norfolk loamy sand, 2-6
0
Well Drained
A
Coastal Plains and
% slopes
Marine Terraces
Ra
Rains sandy loam, 0-2
90
Poorly Drained
A/D
Marine Terraces on
% slopes
Coastal Plains
Wehadkee loam, 0-2
Depressions on flood
Wt
slopes, frequently
90
Poorly Drained
B/D
Plains and Valleys
flooded
2.3 Existing Riparian Conditions
Current land use in the vicinity of the project is primarily actively grazed pasture and forest. There are
also low-density residential lots, maintained vegetation areas, and a two-lane road present. The site
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viability letter from DWR in Appendix B provides details on land -uses within the riparian areas on the
site.
Current conditions demonstrate significant habitat degradation as a result of impacts from agriculture,
agricultural ponds, and historic land uses (Figure 3, Appendix D). Along YB1-C and YB3, there is little
to no livestock access, and the wooded riparian buffer is fairly intact. Along YB2-A, there is no wooded
buffer and it is surrounded by actively grazed pasture. Along YB2-B much of the wooded riparian buffer
is devoid of shrubs and is actively grazed by livestock. Since the DWR site visit on August 19, 2016, the
land use and condition of the riparian buffer has remained the same, where there is little to no livestock
access along YB 1-C and YB3; the ribarian buffer of YB2-A remains active pasture; and the riparian buffer
of YB2-B remains grazed woodland
Forested riparian areas have been intermittently cattle -grazed and lack a well-developed understory and
shrub strata. The riparian areas most closely resemble a disturbed piedmont alluvial forest and included
tulip -poplar (Liriodendron tulipifera), white oak (Quercus alba), American holly (Ilex Opaca), elm
(Ulmus alata), sweet gum (Liquidambar styraciflua), river birch (Betula nigra), red maple (Acer rubrum),
American hornbeam (Carpinus caroliniana). Sub -canopy species included sweetbay (Magnolia
virginiana), blackberry (Rubus argutus), highbush blueberry (Vaccinium corybosum), black elderberry
(Sambucus canadensis), and roundleaf greenbrier (Smilax rotundifolia).
The channels within the Parcel include three unnamed tributaries that flow to Poplar Creek, and one
agricultural pond. These tributaries are divided into four reaches (YB1-C, YB2-A, YB2-B, and YB3),
described below. All project reaches are subject to the Neuse Buffer Protection Rule 15A NCAC 02B
.0233 and are therefore being proposed to generate buffer restoration, enhancement, preservation
mitigation credit under 15A NCAC 02B .0295 (n) and (o), (Appendix B).
YB1-C has an existing length of 1,066 linear feet, a drainage area of 0.10 square miles (66 acres), and
flows southwest through the Parcel limits towards its confluence with Poplar Creek. The primary spillway
of the upstream pond is not currently functional, and the pond currently utilizes its emergency spillway
for all outflow. A defined channel has formed through Wetland F from the emergency spillway.
Furthermore, there is still a defined channel from the primary spillway, which does not have any flow,
until the most downstream portion within the easement. The defined channel, from the emergency
spillway, is a mildly sinuous. Erosion is present and bank stability increases as the reach approaches the
existing gas line easement. The banks are irregularly shaped due to cattle access and hoof shear. The
riparian buffer is in good condition and is a mix of hardwoods and disturbed understory.
YB2-A begins downstream of an existing gas easement and lows south through an existing agricultural
impoundment to a 24 -inch pipe under Lee Youngblood Road, and has a drainage area of 0.08 square miles
(51 acres). Active pasture and livestock waste lagoons surround this reach. YB2-A has an existing length
of zero, because it is currently an impoundment, and drains underground in a closed system to YB2-B
YB2-B has an existing length of 1,630 linear feet, a drainage area 0.16 square miles (102 acres), and begins
downstream of YB2-A and the 24 -inch pipe under Lee Youngblood Road. The riparian buffer is in good
condition with widths averaging over 50 feet and is comprised of hardwoods with a few localized areas of
privet.
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Y133 has an existing length of 760 linear feet, a drainage area of 0.05 square miles (29 acres), and begins
downstream of Lee Youngblood Road, flowing south through a wooded buffer until reaching its
confluence point with Poplar Creek. Bank erosion and sediment deposition are present. The riparian buffer
is in good condition and is a mix of hardwoods and disturbed understory with widths averaging over 100
feet along the entire reach.
2.4 Wetlands
The United States Fish and Wildlife Service (USFWS) National Wetland Inventory Map (NWI) depicts
no potential wetland areas within the project (Figure 9).
A survey of existing wetlands was performed on January 17, 2017 and January 31, 2017. A routine Level
II wetland determination was performed (Environmental Laboratory 1987). Within the boundaries of the
proposed project, four Jurisdictional Wetlands are present (Figure 3). One Jurisdictional Wetland occurs
on reach YB3, WA (Wetland A), and is approximately 1.82 acres. One Jurisdictional Wetland occurs on
reach YB2-A, WB (Wetland B), and is approximately 0.49 acres. One Jurisdictional Wetland occurs on
reach YB2-B, WC (Wetland C), and is approximately 0.35 acres. One Jurisdictional Wetland occurs on
YB1-C, WF (Wetland F), and is approximately 0.74 acres in size. Three wetlands are not entirely restricted
to the easement boundary; WA, WB, and WF. The Understory vegetation within the wetland areas was
made up of Japenese Honeysuckle (Lonicera japonica), green brier (Smilax laurifolia), muscadine (Vitis
rotundifolia), posion ivy (Toxicodendron radicans), giant cane (Arundinaria gigantean), nepalease
browtop (Microstegium vimineum), and common rush (Juncus effuses), Midstory vegetation consisted of
Chinese privet (Ligustrum sinense), Sawtooth blackberry, American holly. The overstory vegetation
consisted of red maple, sweetgum, tulip poplar, and laurel oak. Outside of the easement and wetland areas,
cattle are actively managed for, and fescue is the dominant forage. A jurisdictional determination request
was sent to the United States Army Corps of Engineers on March 28, 2017.
2.5 Threatened and Endangered Species
Plants and animals with a federal classification of endangered (E) or threatened (T) are protected under
provisions of Sections 7 and 9 of the Endangered Species Act of 1973, as amended. The US Fish and
Wildlife Service (USFWS) database (2018) lists six threatened, endangered, and protected species for
Johnston County, North Carolina: red -cockaded woodpecker (Picoides borealis), dwarf wedgemussel
(Alasmidonta heterodon), Tar River spinymussel (Parvaspina steinstansana), Yellow lance (Elliptio
lanceolate), and Michaux's sumac (Rhus michauxii). The Bald eagle (Haliaeetus leucocephalus) is
protected under the Bald and Golden Eagle Protection Act (BGPA), which prohibits take of bald and
golden eagles. No protected species or potential habitat for protected species was observed during
preliminary Site evaluations.
In addition to the USFWS database, the NC Natural Heritage Program (NHP) GIS database was consulted
to determine whether previously cataloged occurrences of protected species are mapped within one mile
of the Site. Results from NHP indicated that there are no known occurrences of federally protected species
within a one -mile radius of the Site. Based on initial site investigations, no impacts to federally protected
species are anticipated as a result of the proposed Site. A letter from USFWS was received on November
9, 2016 to confirm these findings (Appendix B).
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Table 2. Federally Protected Species in Johnston County
Common Name
Scientific name
Federal
Status
Habitat
Present
Record
Status
Vertebrate:
Red -cockaded woodpecker
Picoides borealis
E
No
Current
Bald eagle
Haliaeetus leucoce halus
BGPA
No
Current
Invertebrate•
Tar Rivers in mussel
Eli do steinstansana
E
No
Current
Dwarf wed emussel
Alasmidonta heterodon
E
No
Current
Yellow Lance
Elli do lanceolate
T
No
Current
Vascular Plant:
Michaux's Sumac
Rhus Michauxii
E
No
Current
E = Endangered; BGPA = Bald and Golden Eagle Protection Act
2.6 Environmental and Cultural Constraints
Environmental and cultural resources include historic and archeological resources located in or near the
project parcel. RES has evaluated the Parcel's existing and future conditions of cultural resources to
determine potential project impacts. The evaluation focused primarily on the presence of hazardous
materials, utilities and restrictive easements, rare/threatened/endangered species or critical habitats,
cultural resources, and the potential for hydrologic trespass. A review of the North Carolina State Historic
Preservation Office (SHPO) GIS Web Service database did not reveal any listed or potentially eligible
historic or archeological resources in the proposed project area. No architectural structures or
archeological artifacts have been observed or noted during surveys of the site for restoration purposes. In
a letter dated November 28, 2016, in response to the Public Notice for this project, the SHPO stated that
they were, "aware of no historic resources which would be affected by the project". Correspondence is
provided in Appendix B.
2.7 Federal Emergency Management Agency (FEMA) Floodplain/Floodway Mapping
No project reaches are located within FEMA regulated floodplains (Figure 10). Approximately 0.01 acres
of the easement are within the FEMA Zone AE. Furthermore, hydrologic trespass is not a concern for this
project. While designing the Poplar Creek project, appropriate measures were taken to eliminate
hydrologic trespass of the adjacent agricultural fields. The adjacent land use will not be affected by the
proposed design, and no detrimental impacts are expected beyond the easement limits.
3 RIPARIAN RESTORATION, ENHANCEMENT, AND PRESERVATION PLAN
The goal of the Project is to restore ecological function to the existing stream and riparian buffer by
establishing appropriate stream buffer plant communities where absent and enhancing buffers where
minimal vegetation exists, as well as to protect these buffers and stream function into perpetuity. The
buffered channels will provide water quality and habitat functions within the Neuse watershed, such as
nutrient and sediment removal, filtration of runoff from nearby agricultural fields, and improved aquatic
and terrestrial habitat. The current land uses adjacent to the streams purposed for buffer restoration and
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enhancement are primarily composed of forested and non -forested pasture which are actively grazed by
livestock. But also includes, agricultural ponds, maintained lawns, and hardwood forests.
Riparian restoration, enhancement and preservation adjacent to streams are shown in Figure 4, and were
approved by the DWR in their letter dated December 6, 2016 attached in Appendix B. All riparian
restoration, enhancement and preservation buffer mitigation activities along channels will begin from the
tops of the banks and extend a maximum of 50 feet perpendicular to the stream channel where possible
pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant
to 15A NCAC 02B .0240. Areas greater than 50 feet are being pursued for additional stream credit for
wider buffers; there will be no overlap in buffer and stream crediting areas (Figure 6).
3.1 Parcel Preparation
Preparation within the Parcel will involve spraying undesired fescue grass and exotic invasive species;
contoured ripping, seeding and planting, and pond removal. Livestock will be completely removed from
the Parcel, in perpetuity, by way of conservation easement and installation of livestock exclusion fencing.
Prior to construction a Pre -construction Notification for the Nationwide Permit 27, under Section 404 of
the Clean Water Act, and a DWR 401 Water Quality Certification, under Section 401 of the Clean Water
Act, will be obtained. Following the issuance of the Nationwide Permit, an erosion and sediment control
permit will be obtained. Preparation of the pond will begin a minimum of six months before the rest of the
project construction begins. Stabilization and implementation of dispersal techniques will be utilized
where surface flows have become concentrated to minimize the chances of non -diffuse flow. A
combination of silt fencing, erosion control wattles, temporary seeding, and erosion control matting will
be used to reduce erosion and stabilize soil in riparian areas during any land disturbance activities. These
erosion control measures shall be inspected and properly maintained at the end of each working day to
ensure measures are functioning properly until permanent vegetation is established. Disturbed areas shall
be temporarily seeded within ten working days and upon completion of final grading, permanent
vegetation shall be established for all disturbed areas. After construction activities, the subsoil will be
scarified and any compaction will be deep tilled before the topsoil is placed back over the site. Any topsoil
that is removed during construction will be stockpiled and placed over the site during final soil preparation.
This process should provide favorable soil conditions for plant growth. Temporary and permanent riparian
seeding shall be done in accordance with the erosion control plan. Bare root plantings and live stakes shall
be planted according to the planting plan.
All riparian restoration, enhancement, and preservation activities will commence in concurrence with the
stream mitigation activities and not before. Therefore, the mitigation area where riparian restoration is
being performed may be altered slightly depending on the approval of the Stream Mitigation Plan for the
Stream Mitigation Bank. The riparian restoration areas will be surveyed and information will be provided
in the As -Built report.
3.2 Riparian Restoration Activities
Buffer restoration is proposed along YB2-A, including the agricultural pond, in accordance with the
Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 (n) (see Figure 4). This pond is being
proposed as stream restoration which will restore and daylight the connection between the pond and
downstream. Stream Restoration will address existing impairments including the agricultural pond,
floodplain dislocation, bank erosion, nutrient input, livestock access, and buffer degradation. The stream
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design approach will include breaching the existing dam and meandering the proposed channel within the
natural valley (see Appendix E). Riparian restoration areas will be planted from top of bank back at least
50 feet from the stream with bare root tree seedlings on an 8 by 8 -foot spacing to achieve an initial density
of 680 trees per acre. Some areas adjacent to the forested areas may require maintenance due to the rapid
regeneration of some species, such as red maple and sweetgum. Furthermore, RES will install cattle
exclusion fencing to exclude access to riparian areas and their associated streams. All fencing will be
installed to NRCS specifications. Furthermore, the lower portion of YB2-A, that is not within the pond
foot print, will be perused for nutrient offset credit, and is viable for buffer restoration crediting in
accordance with 15A NCAC 02B .0240 (Figure 4). This area will include the same activities as described
above.
3.3 Riparian Enhancement Activities
Buffer enhancement is proposed along YB2-B will also occur in areas of grazing adjacent to the stream in
accordance with the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 (0)(6) (see Figure 4).
Where livestock are present, RES will install cattle exclusion fencing to exclude access to riparian areas
and their associated streams. All fencing will be installed to NRCS specifications. Some areas adjacent to
the forested areas may require maintenance due to the rapid regeneration of some species, such as red
maple and sweetgum. Minimal maintenance is anticipated due to the past land use history. Buffer
enhancement can only generate buffer mitigation credit and is not transferrable into nutrient offset credits.
3.4 Riparian Preservation Activities
Buffer preservation is proposed along YB1-C and YB3 in accordance with the Consolidated Buffer
Mitigation Rule 15A NCAC 02B .0295 (0)(5) (see Figure 4). Preservation activities will consist of
permanently protecting the buffer from cutting, clearing, filling, grading, and similar activities that would
affect the functioning of the buffer. No more than 25 percent of the total area of buffer mitigation will be
used for preservation credit pursuant to 15A NCAC 0295 (0)(5) and 15A NCAC 0295 (0)(4) and the rest
of the area will be protected in the conservation easement and not applied for credit. Furthermore, Buffer
enhancement can only generate buffer mitigation credit and is not transferrable into nutrient offset credits.
3.5 Planting Plan
Revegetation of the site where riparian restoration is being performed will meet the performance standards
outlined in the Rule 15A NCAC 02B .0295. This includes treating invasive species growth and planting
at least 4 native hardwood bare root trees planted at a density to ensure a density of 260 stems per acres at
the completion of monitoring. No one tree species will be greater than 50% of the established stems.
Vegetation within riparian buffers can vary depending on disturbance regime and adjacent community
types, so the protected buffer easement will be planted with appropriate native species observed in the
surrounding forest and species known to occur in similar environments. Coastal Plain Small Stream
Swamp will be the target community type and will be used for all areas within the project. The community
is defined by Schafale (2012). The initial planting of bare root trees will occur in Winter 2019 or during
stream restoration work whichever comes last. Tree species specified for planting on the Poplar Creek Site
are shown in Table 3.
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Table 3. Poplar Creek Site Tree Planting List
Species
Common Name
Spacing
(ft)
Unit Type
% of Total
Species
Composition
Platanus occidentalis
American sycamore
9x6
Bare root
20
Betula nigra
River birch
9x6
Bare root
20
Quercus phellos
Willow oak
9x6
Bare root
15
Nyssa biflora
Black gum
9x6
Bare root
15
Quercus michauxii
Swamp chestnut oak
9x6
Bare root
10
Quercus lyrata
Overcup oak
9x6
Bare root
10
Asimina triloba
Paw Paw
9x6
Bare root
10
3.6 Easement Boundaries and Fencing
Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and
adjacent properties. Boundaries may be identified by cattle fence, marker, bollard, post, tree -blazing, or
other means as allowed by site conditions and/or conservation easement. Boundaries will be marked with
signs identifying the property as a mitigation site, and will include the name of the long-term steward and
a contact number. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced
on an as needed basis. The easement boundary will be checked annually as part of monitoring activities
and the conditions as well as any maintenance performed will be reported in the annual monitoring reports
Rol 1113NIT"
4 MONITORING AND MAINTENANCE PLAN
4.1 Monitoring Protocol and Success Criteria
Riparian buffer vegetation monitoring will be based on the CVS-EEP Protocol for Recording
Vegetation Level 1-2 Plot Sampling Only Version 4.0. Annual vegetation monitoring will occur each
year for a minimum of five (5) years and will be conducted during the fall season with the first year
occurring at least 5 months from initial planting. As part of the stream mitigation plan, ten monitoring
plots will be installed a minimum of 100 m2 in size in the planted area (11.93 ac), and will cover at least
two percent of the planted mitigation area for the Stream Mitigation Bank, two of these plots will be
randomly placed throughout the planted area each monitoring year (see Figure 11). Eight of these plots
will be placed within areas where RES is seeking stream credit for wider buffers. These plots that are
measuring success of both the riparian buffer crediting areas, and the stream crediting areas. Those
measuring success of just the buffer areas where buffer credit is being sought, will be provided in the
Monitoring reports. The following data will be recorded for all trees in the plots: species, common name,
height, planting date (or volunteer), and grid location. All stems in plots will be flagged with flagging tape.
Photos will be taken from all photo points each monitoring year and provided in the annual reports. Visual
inspections and photos will be taken to ensure that enhancement areas are being maintained and compliant.
The measures of vegetative success for the Parcel will be the survival of at least 4 native hardwood tree
species, where no one species is greater than 50% of the established stems, established at a density of at
Poplar Creek Parcel Development Package
Buffer/Nutrient Offset Site 9 January 2019

least 260 planted trees per acre at the end of Year 5. Native volunteer species may be included to meet the
performance standards as determined by DWR. Invasive and noxious species will be monitored and treated
so that none become dominant or alter the desired community structure of the site.
A visual assessment of the cattle exclusion areas within the conservation easement will also
be performed each year to confirm:
• Fencing is in good condition throughout the site;
• no cattle access within the conservation easement area;
• no encroachment has occurred;
• diffuse flow is being maintained in the conservations easement area; and
• there has not been any cutting, clearing, filling, grading, or similar activities that would
negatively affect the functioning of the buffer.
RES must monitor the stream mitigation bank for a minimum of seven years, or until IRT approval.
Therefore, plots placed within riparian restoration areas that are outside of the mitigation area for buffer
credits will be monitored in accordance with the monitoring protocol in the Poplar Creek Stream
Mitigation Plan.
4.2 Adaptive Management Plan and Parcel Maintenance
Adaptive measures will be developed, or appropriate remedial actions taken if in the event that the site, or
a specific component of the site, fails to achieve the defined success criteria. Remedial actions will be
designed to achieve the success criteria specified in this BPDP, and will include identification of the causes
of failure, remedial design approach, work schedule, and monitoring criteria that will take into account
physical and climatic conditions.
Initial plant maintenance may include a one-time mowing, prior to initial planting to remove undesirable
species. If mowing is deemed necessary by RES during the monitoring period, RES must receive approval
by the DWR prior to any mowing activities to ensure that no buffer violations have been performed.
Failure to receive approval to mow within the Neuse River buffer, as defined in 15A NCAC 02B .0233,
by the DWR could result in Neuse buffer violations and violations of the conservation easement. If
necessary, RES will develop a species-specific control plan.
4.3 Long Term Management Plan
EBX—Neuse I, LLC (EBX), acting as the Bank Sponsor, will record a Conservation Easement with the
Johnston County Register of Deeds Office for this site. The Conservation Easement will be assigned to
the North Carolina Wildlife Habitat Foundation (NCWHF). All monitoring activities, including periodic
inspections of the site to ensure that restrictions required in the Conservation Easement are upheld, are the
responsibility of EBX-Neuse 1, LLC until the Bank Parcel is transferred to the NCWHF. Endowment funds
required to uphold the Poplar Creek Bank Parcel conservation easement in perpetuity shall be negotiated
prior to site transfer to the NCWHF.
The Bank Sponsor will ensure that the Conservation Easement has allowed for the implementation of an
initial monitoring phase, which will be developed during the design phase and conducted by the Bank
Sponsor. The Conservation Easement will allow for yearly monitoring and, if necessary, maintenance of
the Parcel during the initial monitoring phase. These activities will be conducted in accordance with the
Poplar Creek Parcel Development Package
Buffer/Nutrient Offset Site 10 January 2019

terms and conditions of the RES Poplar Creek Riparian Buffer and Nutrient Offset UMBI made and
entered into by EBX-Neuse I, LLC and DWR.
5 FINANCIAL ASSURANCE
The Sponsor will provide financial assurances in the form of Performance Bonds sufficient to assure one -
hundred percent (100%) completion of all mitigation work, required reporting and monitoring, and any
remedial work required. Financial assurances will be payable at the direction of the DWR to its designee
or to a standby trust. Financial assurances structured to provide funds to the DWR in the event of default
by the Bank Sponsor are not acceptable. The initial performance bond will be in the amount of at least
$150,000 and shall be able to cover 100% of the costs associated with construction of the riparian
restoration areas. The monitoring bond shall be in the amount of at least $100,000 and shall be able to
cover 100% of the costs associated with the monitoring and maintenance of the riparian restoration areas
for five years.
Performance bonds for monitoring shall be renewed to cover the next years monitoring period, with
confirmation of renewal provided to DWR with each annual monitoring report when applicable. DWR
reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of
bond renewals when applicable.
6 MITIGATION POTENTIAL
The Poplar Creek Mitigation Bank presents 23.59 acres of permanent conservation easement in Johnston
County, North Carolina. While this easement also encompasses areas for the Poplar Creek Stream
Mitigation Bank, the purpose of the Poplar Creek Buffer & Nutrient Offset Bank is to generate Neuse
riparian buffer mitigation and nutrient offset credits. Once finalized a conservation easement and final
recorded plat are provided in Appendix C.
The width of the buffer/nutrient credit generation area will begin at the most landward limit of the top of
bank or the rooted herbaceous vegetation and extend landward to a distance of 50 feet. There will be no
overlap of credit generation between stream crediting areas (51-150 feet) and riparian buffer crediting
areas (0-50 feet).
This Bank has the potential to generate approximately 2.05 acres (89,240.33 ft2) of riparian buffer
restoration credits on existing non -forested pasture, and within the pond footprint, 3.56 acres (77,612.89
ft2) of buffer enhancement credits, and 1.87 acres (8,148.87 ft2) of buffer preservation credits. There will
be 0.63 acres (1,423.00 lbs) of nutrient offset credits in accordance with 15A NCAC 02B .0240. The
riparian buffer mitigation credits generated will service Neuse buffer impacts within the USGS 8 -digit
HUC 03020201 of the Neuse River Basin. The Nitrogen nutrient offsets generated will service nutrient
load reduction requirements where payments are authorized in 15A NCAC 02B .0240 within the USGS
8 -digit HUC 03020201, excluding the Falls Lake Watershed. The Sponsor will maintain three credit
ledgers. One ledger will account for buffer Restoration credits, one ledger will account for buffer
Enhancement credits and Preservation credits, and one will account for Nitrogen nutrient offset credits.
All mitigation credit assets shall be shown on these credit ledgers. The total potential mitigation credits
that the Poplar Creek Bank will generate are summarized in Table 4; Figure 4.
Poplar Creek Parcel Development Package
Buffer/Nutrient Offset Site 11 January 2019

Table 4. Poplar Creek Bank Parcel Credit Summary
Riparian Buffer Credit
Riparian
Credit
Mitigation
Existing
Used
Credit
%Full
Mitigation
Zone
Type
Type
Acreage
Acreage
Per Acre
Ratio
Credit
Assets
MI)
Pond
Riparian
Restoration
1.83
1.83
43,560
LI
100%
79,805.63 ft2
Footprints
Buffer
Riparian
Buffer
Restoration
0.22
022
43,560
1:1
100%
9,435.70 ft2
Riparian
Enhancement
0-50'
Buffer
(viacatth
3.56
3.56
-13,560
2:1
o
100%
77,612.89 ft z
exclusion
Riparian
Preservation:
Buffer
Subject
3.89
1.87
43,560
10:1
0
100%
8,148.87 ft 2
Streams
Total Restoration
2.05
2.05
89,240.33 ft2 (2.05 ac)
77,612.89 ft2 (1.78 ac)
Total Enhancement
3.56
3.56
8,148.87 ft2 (0.19 ac)
Total Preservation
3.89
1.87
includes ratios & reductions
Nutrient Offset Credit
Credit
M
Credititigation
Mitigation
Zone
Type
Type
Acreage per Acre
Ratio Assets
(lbs)
0-50'
Nitrogen
Restoration
0.63 2273.02
N/A 1,432.00
Total
0.63 1 1 1,423.00
*According to 155 VCAC 02B.0295 (o) (4) and (i), "the area of preservation credit within a buffer mitigation site shall
comprise of no more tlum 25% of the total area of buffer mitigation ".
The Sponsor may use the 0.63 acres (27,281 ft2) of nutrient offset credits generated on the non -forested
pasture for Neuse riparian buffer restoration credit, but not both. The Sponsor must submit a written
request and receive written approval from DWR prior to any credit conversions and transfers to the buffer
and nutrient offset credit ledgers. With each conversion and transfer request submitted to the DWR, the
Sponsor will provide all updated credit ledgers showing all transactions that have occurred up to the date
of the request.
Poplar Creek Parcel Development Package
Buffer/Nutrient Offset Site 12 January 2.19

7 CREDIT RELEASE SCHEDULE FOR POPLAR CREEK
Riparian buffer and nutrient offset credits associated with the pond will be excluded from Task 1 and
Task 2 credit releases, but will be released with the approval of Task 3. Upon submittal of all
appropriate documentation by the Sponsor, and a subsequent approval by DWR, it is agreed that
mitigation credits associated with the Poplar Creek Bank Parcel will be release as described in Table 3.
Table 3 - Credit Release Schedule for Riparian Buffer and Nutrient Offset Credits
** DWR Approval provided upon a determination that the site is meeting success criteria contained within
this BPDP
Poplar Creek Parcel Development Package
Buffer/Nutrient Offset Site 13 January 2019
% Credit
% Credit
Task
Project Milestone
Available for
Release within
Sale
the Pond
Footprints
No credits
I
Instrument and BPDP Approved by DWR, Conservation
20
released for
Easement Recorded and Financial Assurance Posted
areas within
pond footprints
No credits
2
Mitigation Site Earthwork, Planting and Installation of
20
released for
Monitoring Devices Completed
areas within
pond footprints
a
Monitoring Financial Assurance Posted and Approval of As-
10
50
Built Report
4
Monitoring Report #1: Approved by the DWR** and financial
10
10
assurance renewed
5
Monitoring Report #2: Approved by the DWR** and financial
10
10
assurance renewed
6
Monitoring Report #3: Approved by the DWR** and financial
10
10
assurance renewed
7
Item B (1) of Section X in this Instrument has been completed
5
5
and approved by DWR.
No remaining credits will be released until the conservation easement has been assigned to an
approved land trust or stewardship
8
Monitoring Report #4: Approved by the DWR** and financial
5
5
assurance renewed
9
Monitoring Report #5: Approved by the DWR** and final site
10
10
visit by DWR has been conducted
Total
100%
100%
** DWR Approval provided upon a determination that the site is meeting success criteria contained within
this BPDP
Poplar Creek Parcel Development Package
Buffer/Nutrient Offset Site 13 January 2019

8 REFERENCES
Environmental Laboratory. (1987). "Corps of Engineers Wetlands Delineation Manual," Technical
Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS
North Carolina Department of Environment and Natural Resources (NCDENR). 2009. "Neuse River
Basinwide Water Quality Plan." Division of Water Quality. http://
http://portal.ncdenr.org/web/wq/ps/bpu/basin/neuse/2009. (October 2013).
NCDENR. 2010. "N.C. Wetland Assessment Method User Manual Version 4.1." N.C. Wetland
Functional Assessment Team.
NC Environmental Management Commission. 2014. Rule 15A NCAC 02B.0295 - Mitigation Program
Requirements for the Protection and Maintenance of Riparian Buffers.
United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS),
1994. Soil Survey of Johnston County, North Carolina.
Schafale, M.P. 2012. Classification of the Natural Communities of North Carolina, Fourth
Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation,
NCDENR, Raleigh, NC.
U.S. Army Corps of Engineers (USACE). 2010. Regional Supplement to the Corps of Engineers
Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0), ed. J. S.
Wakeley, R. W. Lichvar, and C. V. Noble. ERDC/EL TR -10-20. Vicksburg, MS: U.S. Army
Engineer Research and Development Center.
Poplar Creek Parcel Development Package
Buffer/Nutrient Offset Site 14 January 2019

Appendix A— Supporting Figures
Figure 1. Service Area Map
Figure 2. Vicinity Map
Figure 3. Existing Conditions Map
Figure 4. Conceptual Design Plan for Riparian Buffer Bank
Figure 5. Conceptual Design Plan for Stream Mitigation
Figure 6. Buffer Zones
Figure 7. USGS Map
Figure 8. Soils Map
Figure 9. National Wetlands Inventory Map
Figure 10. FEMA Map
Figure 11. Monitoring Plan Map

Hillsborough
Ch H
C
Fu
Creedmoor
a�
IN
K -74 i
WE
H
Louisburg
43
Red Oak
ITS
Poplar Creek y Mount
Mitigation Site
int
Ion
i Ison
J.'I Grange
Olive
Spring Lake
Fort,13ragg 4_„
tte
�T;d V le
Legend
saw
Buffer Service Area- HUC 03020201 excluding Falls Lake Watershed
Nutrient Service Area- HUC 03020201 excluding Falls Lake Watershed
N
Date: 10/5/2018
Figure 1 - Service Area Map
W —A—
E
Drawn by: MDE
s Poplar Creek Mitigation Site res
Checked by: RMW
0 5 10
Johnston County, North Carolina
1 inch = 10 miles
Miles I I
Coats
Li��Pgton
Euies Creek
2,
L�wm
=210 Walkertown
�3
WE
H
Louisburg
43
Red Oak
ITS
Poplar Creek y Mount
Mitigation Site
int
Ion
i Ison
J.'I Grange
Olive
Spring Lake
Fort,13ragg 4_„
tte
�T;d V le
Legend
saw
Buffer Service Area- HUC 03020201 excluding Falls Lake Watershed
Nutrient Service Area- HUC 03020201 excluding Falls Lake Watershed
N
Date: 10/5/2018
Figure 1 - Service Area Map
W —A—
E
Drawn by: MDE
s Poplar Creek Mitigation Site res
Checked by: RMW
0 5 10
Johnston County, North Carolina
1 inch = 10 miles
Miles I I

106
Poplar Creek
Mitigation Site
Latitude: 35.5521
Longitude: -78.3568
I
NO
M
0
Legend
Proposed Easement
TLW 03020201100040
N
Date: 10/5/2018
Figure 2 - Vicinity Map
W --A-- 7 E
Drawn by: MDE
s POPI ar Creek Mitigation Site res
Checked by: RMW
0 0.5 1
Johnston County, North Carolina I inch = 1 miles
Miles

Le -gen
Proposed Easement
Parcels of Interest
Parcels
Existing Wetlands
FT�
Open Waters
CSG Utility - Gasline Easement
Current Streams
N
Figure 3 - Existing Conditions Date: 10/8/2018
7f -E Drawn by: MDE
S Poplar Creek Mitigation Site Checked by: RMW
0 300 600
Johnston County, North Carolina 1 inch = 600 feet
pres�

�r
t�
Legend
Proposed Easement
- Proposed Stream Channel
Proposed Fence
Existing Pond
Restoration (0-50 ft)
- Enhancement (0-50 ft)
Preservation (0-50 ft)
Nutrient (0-50 ft)
Removal Agricultural
Impoundment
Areas from 50-150 feet from the top of bank
were not persued for buffer credit, but for
stream credit for wider buffers
'tt `'W ,r.
Riparian
Credit Type
Mitigation Type
Existing
Used
credit For
Zone
100%
9,434.70 sqft
Acreage
Acreage
z
(ft )
Pond
Riparian
Restoration
1.83
1.83
43,560
Footprint
Buffer
Riparian
Restoration
0.22
0. 22
43,560
Buffer
0-50,
Riparian
Enhancement
3.56
3.56
43,560
Buffer
(via cattle exclusion)
Riparian
Preservation
3.89
1.87
43,560
Buffer
Total Restoration
2.05
2.05
Total Enhancement
3.56
3.56
Total Preservation
3.89
1.87
Nutrient Offset Credit
Zone
Credit Type
Mitigation Type
Acreage
I Used
CreditperJ
Ratio
Credit
Mitigation Assets
1:1
100%
79,805.63 sqft
1:1
100%
9,434.70 sqft
2:1
100%
77,612.89 sqft
10:1
100%
8,148.87 sqft
9,240.33 sqft
(2.05 ac)
7,612.89 sqft (1.78 ac)
8,148.87sqft (0.19 ac)
Ratio I Mitigation Assets
Figure 4 - Conceptual Design Plan Date: 1/14/2019
for Riparian Buffer Bank
1�9aw Drawn by: MDE 0 200 400 res
Poplar Creek Mitigation Site Checked by: RMW
1 inch feet
Fccf
Johnston County, North Carolina

DWR Riparian Buffer Non -Standard Buffer
Crediting Areas Width Credit Areas res
e
0 250 500
Feet
Q Q
N N_ Figure 6 - Buffer Zones
Poplar Creek
Mitigation Site
Johnston County,
North Carolina
Date: 10/29/2018 Drawn by: MDE
Checked by: XXX 1 in = 500 feet
00
N L pend
m
} � Proposed
' Easement
v v Proposed
_"� Stream Channel
Ineligible Credit
Areas
_NSBW Credit
Area (51-150 ft)
BPDP Buffer
_ Creditting (0-50
ft)

I L S .R O�
p Lassiter . �..
?FP
�
(19I3 )� '
CD
.'� Tf
,.0 itxts•- -.
( YB1YB2 _ res _
69 ac
104 ac00
nson-ttnit
it �• � pr�\v� �•
YB3 '
Gravel 1
Pltx',
iS-
r I / • �. �. nest
rn
•• ¢ ` .n :yam • ^ 191 ' /S 4
Qr
Park --,
Le-gen-gen WW• �T - / -
Proposed Easement
Drainage Areas • '�' .. -: .yyt SOR field /
rc
N
Figure 7 - USGS Map Date: 10/8/2018
W e Drawn by: MDE
S Poplar Creek Mitigation Site res
o Checked by: RMW
0 1,000 2,000
Johnston County, North Carolina 1 inch =2,000 feet
Feet

PFO1A
M
PUBHh
PFO1C
f,
f
.i
PUBHx
PUBHx
PFO1A
PUBHx �-
PUBHh �
.�, .
Ilk
� r
r
N
Figure 9 - NWI Map Date: 10/8/2018
W E Drawn by: MDE
S PoPIar Creek Mitigation Site
Checked by: RMW
300 600
M!9iiiiiia Johnston County, North Carolina 1 inch =600 feet
pres
�

• + : i
\
r �► !�+y,F. y
e10NIM OOD HAZARD
ro
-1
�� +� +� �t •• gat � •1� ,
1' i.•.
Legend r-
,� y=am.
Proposed Easement
FEMA Zone AE
N Figure 10 - FEMA Map Date: 10/8/2018
3
e w e Drawn by: MDE
Creek Mitigation Site
res
Poplar
S Checked by: RMW
0 300 600
Johnston County, North Carolina 1 inch =600 feet
e Feet

Note: There will be eight fixed vegetation plots,
and two will be randomly placed each monitoring
year.
Flow guage, crest gauge, cross section, and
vegetation plot locations are all proposed
locations.
O,res
N
W E
S
0 200 400
Feet
Figure 11 - Montiroing Plan Mapl
Poplar Creek
Mitigation Site
Johnston County,
North Carolina
Date: 1/8/2019 1 Drawn by: MDE
Checked by: RMW I 1 in =401 feet
Legend
Proposed Easement
Existing Wetlands
Planting Area
® Proposed Vegetation Plot
(@ Proposed Crest Gauge
Proposed Flow Gauge
0 Wetland Gauge
Proposed Cross Section
Proposed Streams
REFERENCE
1) Horizontal Datum is NAD83 UTM Z1 5N.
2) Map Projection is NAD_ 1983_StatePlane_
North Carolina FIPS 3200 Feet
��*■�■■ ■ tet.
rr►

Appendix B — Correspondence

Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretory
S. JAY ZIMMERMAN
Director
December 6, 2016
Brad Breslow
Resource Environmental Solutions, LLC
302 Jefferson St., Suite 110
Raleigh, NC 27605
(via electronic mail)
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Poplar Creek Site
Near 2549 Wilson Mills Rd, Smithfield, NC
Johnston County
Dear Mr. Breslow,
On August 2, 2016, Katie Merritt, with the Division of Water Resources (DWR), received a request
from Resource Environmental Solutions, LLC (RES), for a site visit near the above -referenced site in
the 8 -digit Hydrologic Unit Code 03020201 of the Neuse River Basin to determine the potential for
riparian buffer mitigation and nutrient offset. On October 18, 2016, Ms. Merritt performed a site
assessment of the subject site, which is more accurately shown in the attached aerial initialed by Ms.
Merritt on November 2, 2016. All cattle access areas are shown on the attached map for reference.
Ms. Merritt's evaluation of the features onsite 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' 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
'Subiect to
Riparian Land uses
Buffer
3Nutrient
Mitigation Type Determination
0-200'
Credit
Offset
w/in riparian areas
Buffer Rule
Viable
Viable at
2,273
lbsacre
Y131 (C -D)
Stream
Yes
Closed canopy of native
Yes
Yes (open
Forested Areas — zPreservation Site
hardwoods adjacent to
pasture
per 15A NCAC .0295 (o)(5)
open pasture
only)
Open pasture — Restoration site
per 15A NCAC 026 .0295 (n)
YB2(Pond)
Ag Pond
No, exempt
Actively grazed pasture
Yes
Yes (not
Restoration site per 15A NCAC 02B
for cattle
viable
.0295 (o)(3)
within
existing
This pond is being proposed as
pond
stream restoration which will
footprint)
restore and daylight the connection
between the pond and
downstream.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Polecat Mitigation Site (RES)
December 6, 2016
Feature
Classification
1Subiect to
Riparian Land uses
Buffer
3Nutrient
Mitigation Type Determination
0-200'
Offset
Win riparian areas
Buffer Rule
Credit
Viable
Viable at
2,273
Its acre
YB2 (from
Stream
Yes
Closed canopy of native
Yes
Yes (ag
Cattle Access areas - Enhancement
road crossing
hardwoods actively
field only)
site per 15A NCAC 02B.0295 (o)(6)
to YB1-E
grazed by cattle with
confluence)
adjacent agriculture field;
Non -cattle access areas -
no cattle access present
2Preservation Site per 15A NCAC
south of easement
.0295 (o)(5)
Agriculture Field - Restoration site
per 15A NCAC 02B.0295 (n)
YB3
Stream
Yes
Closed canopy native
Yes
No
2Preservation Site per 15A NCAC
hardwoods with little
.0295 (o)(5)
evidence of cattle
No conclusive evidence could be
determined onsite or during in -
office review, that the riparian
areas & stream would meet all of
15A NCAC 02B .0295(o)(6)
F1,F2,F3,F4,F5
Stream
Yes
Closed canopy of native
Yes
No
2Preservation Site per 15A NCAC
,F7,F8
hardwoods
.0295 (o)(5)
F6 (pond)
Ag pond
No, exempt
Left Bank in agriculture;
Yes
Yes (Left
Left Bank- Restoration site per
right bank in closed
bank only,
15A NCAC 02B.0295 (3)
canopy native
not viable
Right Bank - 2Preservation Site per
hardwoods and pipeline
within
15A NCAC .0295 (o)(4)
easement
existing
pond
This pond is being proposed as
footprint)
stream restoration & would yield
buffer credit within the pond's
existing footprint from TOB — 200'
from restored stream channel
'Subjectivity calls for the streams were determined by DWR in correspondence dated August 19, 2016 using the 1:24,000
scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared
by the NRCS.
215A NCAC 02B .0295 (o)(5) - The area ofpreservation credit within a buffer mitigation site shall comprise of no more
than 25% of the total area of buffer mitigation. Therefore, where Preservation Sites were identified, this rule must be
applied to determine the potential creditable acreage.
3 NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with
Riparian Buffer Establishment
A map showing the project site and the features was provided by RES and was initialed by Ms.
Merritt on November 14, 2016. This letter should be provided in all future stream, wetland, buffer or
nutrient offset mitigation plans for this Site.
a 2 I 3

Polecat Mitigation Site (RES)
December 6, 2016
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.
Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient load -reducing measure
shall be submitted to DWR for approval prior to any mitigation activities in riparian areas and/or
surface waters.
All vegetative plantings, performance criteria and other mitigation requirements for riparian
restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to
be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being
viable for nutrient offset credit above, one could propose a different measure, along with supporting
calculations and sufficient detail to support estimates of load reduction, for review by the DWR to
determine viability for nutrient offset according to 15A NCAC 02B .0240.
Please contact Katie Merritt at (919)-807-6371 if you have any questions regarding this
correspondence.
KAH/km
Attachments: Site Aerial prepared by RES
cc: File Copy (Katie Merritt)
Sincerely,
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
313

NC DWQ Stream Identification Form Version 4.11
Date:
Project/Site:
Latitude:
Evaluator.
County:
Longitude:
Total Points:
Stream Determination (circle one)
Other
Stream is at laest/ntennirtent
9919or ial%930•
Ephemeral Intermittent Pemnnlal
e.p, Quad Neme;
A. Geomorphology (Subtotal=
Absent
Weak
Moderate
Strong
1' Continuity of channel bed and bank
0
1
2 1
3
2. Sinuosity of channel along thalwell
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
r I sequence
0
1
2
3
4. Particle size of stream substrate
0
1
2
3
5. Act va(relict floodplain
0
1
2
3
6. Deposilional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headouts
0
1
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No = 0
Yes = 3
Sketch.
'Nadel ditches are not rated; we discussions In manual
B. Hvdroloov (Subtotal = )
12, Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
1
2
3
14. Leat litter
1.5
1
0.5
0
15. Sediment on plants or debris
0
0.5
1
1.5
16. Organic debris fines or plies
0
0.5
1
1.5
17. Soil -based evidence of high water table7
0
No = 0
Yes = 3
1.5
C. Bioloov (Subtotal =
18. Fibrous roots in stmambed
3
2
1
0
19. Rooted upland plants in straambed
3
2
1
0
20. Macrobenthos (note dHersity and abundance)
0
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
L5
23. Crayfish
0
OS
1
1.5
24. Amphibians
0
0.5
1
1.5
25, Algae
0
0.5
1
1.5
26. Welland plants in streembed
FACW = 0.75; OBL = 1.5
Other = 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch.

Water Resources
ENVIRONMENTAL QUALITY
August 19, 2016
Brad Breslow, RES
302 Jefferson St., Suite 110
Raleigh, NC 27605
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Direcmr
Subject: Buffer Determination Letter
RRO #16-260
Johnston County
Determination Type:
Buffer
Intermittent/Perennial
® Neuse (15A NCAC 2B.0233)
Start@
Stop@
❑ Intermittent/Perennial Determination (where local buffer
❑ Tar -Pamlico (15A NCAC 2B .0259)
ordinances apply)
❑ Jordan (15A NCAC 2B .0267)
(governmental and/or interjurisdictional
projects)
Project Name: Poplar Creek Mitigation Site
Address/Location: 2549 Wilson Mills Road Smithfield NC 27577
Stream(s): Poplar Creek
Determination Date: 08/18/2016
Staff. Rick Trone
Stream
E/I/P*
Not Subject
Subject
Start@
Stop@
Soil
USGS
To o
171-175
------Survey
I
X
DWR Flag
DWR
X
X
Flag/Pipeline
Easement
177-178
I
X
DWR Flag
Confluence
X
X
w/Po lar Creek
YB1
I
X
DWR Flag
Confluence
X
X
w/Polar Creek
YB2B-
P
X
DWR Flag at LeeConfluence
X
X
Y132C
Youngblood Rd
w/Polar Creek
YB3
I
X
DWR Flag
DWR
X
Flag/Pipeline
Easement
"E/IIP = Ephemeral/Intermittent/Perennial
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Explanation: The stream(s) listed above has been located on the most recent published NRCS Soil Survey of
Johnston County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale.
Each stream that is checked "Not Subject' has been determined to not be at least intermittent or is not present.
Streams that are checked "Subject' have been located on the property and possess characteristics that qualify it to be
at least an intermittent stream. There may be other streams located on the property that do not show up on the maps
referenced above but may be considered jurisdictional according to the US Army Corps of Engineers.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins,
DWR — 401 & Buffer Permitting Unit, 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via
delivery service (UPS, FedEx, etc.): Karen Higgins, DWR — 401 & Buffer Permitting Unit, 512 N. Salisbury
Street, Raleigh, NC 27604.
This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60)
days.
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
If you ave questions regarding this deterin ton, please feel free to contact Rick Trone at [phone].
S' cereI
If
y/
Danny Smith/
�v
Supervisor, Water Quality Regional Operations Center
cc: RRO DWR File Copy

Popular Creek Mitigation Site
I Johnston County, NC-DWR Project # 16-260 I
Stream F1- —
F5
A
os,
PP< Subject
Stream F8
4 Stream YB1
Subject isml
ftY_ _ tib
i i e Pond \ —
\\` ', X v y
loMESTfAAD
I
SPA
Stream YB2B- �
YB2C
—
',g�\ Subject
I
o "rJones
g Cc -n
USGS Topo Map •yTq cd Map provided by NCDEQ
Selma Quandrangle ' " Division of Water Re-
s sources
Johnston Co., NC S
•;ry �. :: Locations are approxi-
2016
pproxi- r•� n
2016�',� mate and are provided for IILJ,AV\'JII
.�., reference only ::

I
It

FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
November 3, 2016
Mr. John Thomas
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
RECEIVED
NOV 0 9 2016
RALEIGH REGULATORY
Subject: Action ID # 2016-01985; Modification of the Neu -Con Umbrella Mitigation Banking Instrument
associated with the addition of the Poplar Creek Mitigation Site
Dear Mr. Thomas:
The U.S. Fish and Wildlife Service (Service) has reviewed the information concerning the above
referenced project. The project, based on the description in your letter to our office, the provided
Instrument Modification, and other information is expected to have minimal adverse impacts to
fish and wildlife resources.
The proposed Poplar Creek Mitigation Site is approximately 60 -acres, and occurs west of
Wilson's Mills Road, north of Smithfield,_adjacent.to Poplar Creek,,in Johnston County, North
Carolina. The project proposes to restore 4,169 linear feet (LF) of stream channel and to
enhance 9,255 LF of stream channel, all of which will be included within the conservation
easement onsite.
We do not have any major concerns with the Poplar Creek Mitigation site plan as currently
proposed, and think this project could greatly benefit the downstream water quality.
Downstream water quality in this watershed is greatly important to the Service since there have
been records of the following aquatic federal species of concern (FSC) in the recent years: r
Roanoke slabshell (Elliptio oanokensis) found in 2015, Triangle floater (Alasnaidonta undulate)
found in 2012, and the State threatened Eastern lampmussel (Lampsillis radiata) found in 2005.
There have also been records of the Neuse River Waterdog (Necturis levvisi), also a federal
species of concern, found approximately 4.5 miles downstream. The Service encourages
mitigation efforts in priority watersheds, or with work that drains to priority watersheds such as
this one, that will benefit federal and state listed species. The Service would encourage catching
and removing any non-native fish that currently reside in the ponds onsite that is proposed for
removal, prior to breaching the dam and connecting this feature with the tributary system to
reduce impacts to native aquatic species downstream. We will continue to be involved in this
project through discussions with the IRT, and will provide additional comments in the future if
d
wan ante .
The Service has reviewed available information on federally -threatened or endangered species
known to occur in Johnson County, specifically within the proposed mitigation work area,

2
tributaries of Poplar Creek, and downstream in the Neuse River. Federally listed species in
Johnston County, North Carolina include: Red -cockaded woodpecker (Picoides borealis), Tar
River spinymussel (Eliptio steinstansana), dwarf wedgemussel (Alasnaidonta heterodon), and
Michaux's sumac (Rhus n¢ichauxii), in addition to many other federal species of concern. We
have also reviewed information from the North Carolina Natural Heritage Program (NCNI-IP)
database which contains excellent data on the special status species, both federal and state, which
can be found here: https://ncnhde.natureserve.org/. The federally listed species table on page 7
includes Kidney Sedge (State listed) and Virginia Least Trillium (federal species of concern),
which are not federally listed at this time. Those two species should be removed from the federal
species table, but should remain in the discussion of other listed species within the one -mile
radius. Our review indicates that no federally listed species under Service jurisdiction are likely
to occur in the project area due to lack of appropriate habitat. Therefore, the Service would
concur with a determination that the action is not likely to adversely affect species designated as
threatened, endangered, or their designated critical habitat.
In accordance with the Endangered Species Act of 1973, as amended, (ESA) and based on the
information provided, and other available information, it appears the actions described in the
Mitigation Site plan for Poplar Creek are not likely to adversely affect federally listed species or
their critical habitat as defined by the ESA. We believe that the requirements of Section 7 (a)(2)
of the ESA have been satisfied for this project. Please remember that obligations under the ESA
must be reconsidered if: (1) new information identifies impacts of this action that may affect
listed species or critical habitat in a manner not previously considered; (2) this action is modified
in a manner that was not considered in this review; or, (3) a new species is listed or critical
habitat determined that may be affected by the identified action.
The Service appreciates the opportunity to comment on this Mitigation Site plan. If you have
questions regarding these comments, please contact Emily Wells at 919-856-4520, ext. 25 or by
e-mail at < [e-mail] >.
Sincerely,
Peter gamin
Field ffice Supervisor

a
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Banos, Administrator
Governor Pat McCrory
Secretary Susan Kluttz
November 28, 2016
John Thomas
Raleigh Regulatory Field Office
3331 Heritage Trade Street, Suite 105
Wake Forest, NC 27587
Office of Archives and History
Deputy Secretary Kevin Cherry
Re: Add Poplar Creek Mitigation Site to the New -Con Umbrella Mitigation Bank, SAW 2016-01985,
Johnston County, ER 16-2086
Dear Mr. Thomas:
We have received a public notice concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
environmental.review cr,ncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Ramona M. Banos
Location: 109 East Jonas Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephonemax: [phone]/807-6599

Appendix C — Conservation Easement and Plat

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

property;
(b) ensuring the availability of real property for recreational, educational,
or open -space use;
(c) protecting natural resources;
(d) maintaining or enhancing air or water quality.
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or
aesthetic value of the property in its natural state, which includes the following
natural communities: add or delete as appropriate: wetlands, streams, and riparian
buffers. The purpose of this Conservation Easement is to maintain streams, wetlands
and riparian resources and other natural values of approximately _acres, more or
less, and being more particularly described in Exhibit B attached hereto and
incorporated fully herein by reference (the "Conservation Easement Area"), and
prevent the use or development of the Conservation Easement Area for any purpose
or in any manner that would conflict with the maintenance of its natural condition.
WHEREAS, the restoration, enhancement and preservation of the Conservation
Easement Area is a condition of the approval of the Mitigation Banking Instrument
(MBI) and Mitigation Plan for the _
Army (DA) Action ID Number SAW -
the
Mitigation Bank in the
Mitigation Bank, Department of the
entitled "Agreement to Establish
River Basin within the State of
North Carolina", to be made and entered into by and between
acting as
the Bank Sponsor and the Wilmington District Corps of Engineers (Corps), in
consultation with the North Carolina Interagency Review Team (IRT). The
Mitigation Site has been approved by the Corps for use as a mitigation bank to
compensate for unavoidable stream and wetland impacts authorized by DA permits.
WHEREAS, the restoration, enhancement and preservation of the Conservation
Easement Area is also a condition of the approval of the Riparian Buffer
and Nutrient Offset Mitigation Banking Instrument (MBI) and Bank Parcel Development
Package (BPDP) for the Riparian Buffer and Nutrient Offset Mitigation
Bank, North Carolina Division of Water Resources (NCDWR) Project ID# ,
which was approved by the NCDWR, and will be made and entered into by and
between , acting as the Bank Sponsor, and the NCDWR. The
Riparian Buffer and Nutrient Offset Site is intended to be used to
compensate for riparian buffer and nutrient impacts to surface waters.
WHEREAS, Grantor and Grantee agree that third -party rights of enforcement
shall be held by the NCDWR and the Corps (to include any successor agencies) ("Third -
Parties"), and may be exercised through the appropriate enforcement agencies of the
United States and the State of North Carolina, and that these rights are in addition to,
and do not limit, the rights of enforcement under the NC DWR Project ID# _
and the Department of the Army instrument number SAW -
("Mitigation Banking Instrument"), or any permit or certification issued by the Third -
Parties.
NOW, THEREFORE, for and in consideration of the covenants and
representations contained herein and for other good and valuable consideration, the

receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby
unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors
and assigns, forever and in perpetuity a Conservation Easement of the nature and
character and to the extent hereinafter set forth, over the Conservation Easement Area
described on Exhibit B, together with the right to preserve and protect the conservation
values thereof, as follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is
an easement in gross, runs with the land and is enforceable by Grantee against Grantor,
Grantor's personal representatives, heirs, successors and assigns, lessees, agents and
licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Conservation Easement Area inconsistent with
the purpose of this Conservation Easement is prohibited. The Conservation
Easement Area shall be preserved in its natural condition and restricted from any
development that would impair or interfere with the conservation values of the
Conservation Easement Area.
Without limiting the generality of the foregoing, the following activities and
uses are expressly prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Conservation Easement Area or any
introduction of non-native plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising
display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other
temporary or permanent structure or facility on or above the Conservation
Easement Area.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any rights of passage for such purposes are
prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Conservation Easement Area are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming,
cutting or mowing of trees, shrubs, or other vegetation in the Conservation Easement
Area except as provided in the Mitigation Plan and Bank Parcel Development Plan.
Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or

volunteer trees and shrubs approved in the Mitigation Plan and BPDP is allowable once
a year for no more than five consecutive years from the date on page I of this
Conservation Easement, except where mowing will negatively impact vegetation or
disturb soils. Mowing activities shall only be performed by and shall not
violate any part of Item L of Article II.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the Conservation Easement Area; nor enlargement or modification to existing
roads, trails or walkways.
G. Signage. No signs shall be permitted on or over the Conservation Easement
Area, except the posting of no trespassing signs, signs identifying the conservation
values of the Conservation Easement Area, signs giving directions or proscribing rules
and regulations for the use of the Conservation Easement Area and/or signs identifying
the Grantor as owner of the Conservation Easement Area.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage,
waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or
other materials on the Conservation Easement Area is prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any
manner on the Conservation Easement Area, except to restore natural topography or
drainage patterns. For purposes of restoring and enhancing streams and wetlands
within the Conservation Easement Area, is allowed to perform grading,
filling, and excavation associated with stream and wetland restoration and
enhancement activities as described in the Mitigation Plan and authorized by
Department of the Army Nationwide Permit 27.
J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or
alteration of the restored, enhanced, or created drainage patterns. In addition,
diverting or causing or permitting the diversion of surface or underground water into,
within or out of the easement area by any means, removal of wetlands, polluting or
discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is
prohibited.
K. Development Rights. No development rights that have been encumbered
or extinguished by this Conservation Easement shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited other than for
temporary or occasional access by the Enter Sponsor Name, the Grantee, its

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

NCDWR are allowed to prevent any activity on or use of the Conservation Easement
Area that is inconsistent with the purposes of this Easement and to require the
restoration of such areas or features of the Conservation Easement Area that may be
damaged by such activity or use. Upon any breach of the terms of this Conservation
Easement by Grantor that comes to the attention of the Grantee, the Grantee shall
notify the Grantor in writing of such breach. The Grantor shall have 30 days after
receipt of such notice to correct the conditions constituting such breach. If the breach
remains uncured after 30 days, the Grantee may enforce this Conservation Easement
by appropriate legal proceedings including damages, injunctive and other relief.
Notwithstanding the foregoing, the Grantee reserves the immediate right, without
notice, to obtain a temporary restraining order, injunctive or other appropriate relief if
the breach of the terms of this Conservation Easement is or would irreversibly or
otherwise materially impair the benefits to be derived from this Conservation
Easement. The Grantor and Grantee acknowledge that under such circumstances
damage to the Grantee would be irreparable and remedies at law will be inadequate.
The rights and remedies of the Grantee provided hereunder shall be in addition to,
and not in lieu of, all other rights and remedies available to Grantee in connection
with this Conservation Easement. The costs of a breach, correction or restoration,
including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by
Grantor, provided Grantor is determined to be responsible for the breach. The Corps
and the NCDWR shall have the same rights and privileges as the said Grantee to
enforce the terms and conditions of this Conservation easement..
B. No failure on the part of the Grantee to enforce any covenant or provision
hereof shall discharge or invalidate such covenant or any other covenant, condition,
or provision hereof or affect the right to Grantee to enforce the same in the event of
a subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to
entitle Grantee to bring any action against Grantor for any injury or change in the
Conservation Easement Area resulting from causes beyond the Grantor's control,
including, without limitation, fire, flood, storm, war, acts of God or third parties, except
Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor
under emergency conditions to prevent, abate, or mitigate significant injury to life,
damage to property or harm to the Conservation Easement Area resulting from such
causes.
ARTICLE VI
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the
Property in fee simple, and that Grantor either owns all interests in the Property which
may be impaired by the granting of this Conservation Easement or that there are no
outstanding mortgages, tax liens, encumbrances, or other interests in the Property
which have not been expressly subordinated to this Conservation Easement. Grantor
further warrants that Grantee shall have the use of and enjoy all the benefits derived
from and arising out of this Conservation Easement, and that Grantor will warrant and
defend title to the Property against the claims of all persons._

B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this
Conservation Easement in any deed or other legal instrument that transfers any
interest in all or a portion of the Conservation Easement Area. The Grantor agrees to
provide written notice of such transfer at least sixty (60) days prior to the date of the
transfer. The Grantor and Grantee agree that the terms of this Conservation Easement
shall survive any merger of the fee and easement interests in the Conservation
Easement Area or any portion thereof and shall not be amended, modified or
terminated without the prior written consent and approval of the Corps.
C. Assignment. The parties recognize and agree that the benefits of this
Conservation Easement are in gross and assignable provided, however that the
Grantee hereby covenants and agrees, that in the event it transfers or assigns this
Conservation Easement, the organization receiving the interest will be a qualified
holder pursuant to 33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34 et seq. and § 501 (c)(3)
and § 170 (h) of the Internal Revenue Code, and the Grantee further covenants and
agrees that the terms of the transfer or assignment will be such that the transferee or
assignee will be required to continue in perpetuity the conservation purposes
described in this document.
D. Entire Agreement and Severability. The combined Mitigation Banking
Instruments: MBI with corresponding Mitigation Plan, and MBI with corresponding
BPDP, and this Conservation Easement sets forth the entire agreement of the parties
with respect to the Conservation Easement and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Easement. If
any provision is found to be void or unenforceable by a court of competent jurisdiction,
the remainder shall continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes,
assessments, fees, or charges levied upon the Property. Grantor shall keep the
Property free of any liens or other encumbrances for obligations incurred by Grantor.
Grantee shall not be responsible for any costs or liability of any kind related to the
ownership, operation, insurance, upkeep, or maintenance of the Property, except as
expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to
comply with federal, state or local laws, regulations and permits that may apply to the
exercise of the Reserved Rights.
F. Long -Term Management. Grantor is responsible for all long-term
management activities associated with fencing. These activities include the
maintenance and/or replacement of fence structures to ensure the aquatic resource
functions within the boundaries of the Protected Property are sustained.
G. Extinguishment. In the event that changed conditions render impossible the
continued use of the Conservation Easement Area for the conservation purposes, this
Conservation Easement may only be extinguished, in whole or in part, by judicial
proceeding.

H. Eminent Domain. Whenever all or part of the Conservation Easement Area
is taken in the exercise of eminent domain so as to substantially abrogate the
Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in
appropriate actions at the time of such taking to recover the full value of the taking,
and all incidental and direct damages due to the taking.
I. Proceeds. This Conservation Easement constitutes a real property interest
immediately vested in Grantee. In the event that all or a portion of the Conservation
Easement Area is sold, exchanged, or involuntarily converted following an
extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair
market value of this Conservation Easement as determined at the time of the
extinguishment or condemnation.
J. Notification. Any notice, request for approval, or other communication
required under this Conservation Easement shall be sent by registered or certified mail,
postage prepaid, to the following addresses (or such address as may be hereafter
specified by notice pursuant to this paragraph):
To Grantor:
[Name, address and fax number]
To Grantee:
[Name, address and fax number]
To Sponsor:
To the Corps:
US Army Corps of Engineers
Wilmington District Regulatory Division
69 Darlington Avenue
Wilmington, NC 28403
To NCDEQ -DWR:
NCDEQ— Division of Water Resources
401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1601
K. Failure of Grantee. If at any time Grantee is unable or fails to enforce this
Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a
reasonable period of time after the occurrence of one of these events Grantee fails to
make an assignment pursuant to this Conservation Easement, then the Grantee's
interest shall become vested in another qualified grantee in accordance with an
appropriate proceeding in a court of competent jurisdiction.
L. Amendment. This Conservation Easement may be amended, but only in
a writing signed by all parties hereto, and provided such amendment does not
affect the qualification of this Conservation Easement or the status of the Grantee
under any applicable laws, and is consistent with the conservation purposes of this

grant.
M. Present Condition of the Conservation Easement Area. The wetlands, scenic,
resource, environmental, and other natural characteristics of the Conservation
Easement Area, and its current use and state of improvement, are described in Section
of the Mitigation Plan,_prepared by Grantor and acknowledged by the Grantor
and Grantee to be complete and accurate as of the date hereof. Both Grantor and
Grantee have copies of this report. It will be used by the parties to assure that any
future changes in the use of the Conservation Easement Area will be consistent with
the terms of this Conservation Easement. However, this report is not intended to
preclude the use of other evidence to establish the present condition of the
Conservation Easement Area if there is a controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for
the aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
(Signatures of the Grantor and Grantee in appropriate form)

Appendix D — Existing Conditions Photos

Existing Conditions Photos (04/10/2018)

Reach YB3 — Looking Upstream Reach YB3 — Looking Downstream
04/10/2018 04/10/2018

Appendix E — Plan Sheets for Pond

FILE NAME: O:\Proiects\Resource Environmental Solutions\2017024300RA - T013 PODlar Creek Mitiaation Site\CADD\Plan Set\2017024300RA SHT ALL.dwa - ADrll 13. 2018 - Ben Carroll
DICKSON
community infrastructure consultants
Transportation + Water Resources
Urban Development + Geomatics
720 Corporate Drive
Raleigh, INC 27607
NOTES:
(v) 919.782.0495
(f) 919.782.9672
www.wkdickson.com
NC. LICENSE NO. F-0374
FULL SCALE: 1 "= 30
1.
IN GENERAL, STREAM CONSTRUCTION SHALL PROCEED FROM AN UPSTREAM TO
DOWNSTREAM DIRECTION.
2" =FULL SCALE
1" = HALF SCALE
I`
W
DWIGHT B. YOUNGBLOOD, JR. DB
721, PG 582 DB 854, PG 705 DB
�
0
5.0
2.
ALL EXCAVATED MATERIAL MUST BE PLACED WITHIN DESIGNATED STOCKPILE AREAS.
1399, PG 222 82 E 207
\ \
1.3 1.2
3.
ALL IMPERVIOUS DIKES AND BYPASS PUMPING EQUIPMENT SHALL BE MODIFIED AT THE
\ \
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END OF EACH DAY TO RESTORE NORMAL FLOW BACK TO THE CHANNEL.
\ \ 1 7�
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BANKFULL STAGE
4.
CONTRACTOR SHALL NOT COMPACT SOIL AROUND ROOTS OR TREES TO REMAIN, AND
SHALL NOT DAMAGE SUCH TREES IN ANY WAY. EXCAVATED OR OTHER MATERIAL
SHALL NOT BE PLACED, PILED OR STORED WITHIN THE CRITICAL ROOT ZONE AREA OF
\ \ \ \ \
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1.3 2.4 1.3
BANKFULL STAGE
7.
IN -STREAM STRUCTURES PROPOSED ALONG THE OUTSIDE OF MEANDER BENDS
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(PROFILE)
165
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(PROFILE)
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(PROFILE) O
162
162
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(PROFILE)
160160
RIFFLE GRADE CONTROL
(PROFILE)
0+00 0+50 1+00 1+50 2+00 2+50 3+00 3+50
4+00
4+50
SCALE: HOR 1"=30'; VERT 1"=3'
FILE NAME: O:\Proiects\Resource Environmental Solutions\2017024300RA - T013 PODlar Creek Mitiaation Site\CADD\Plan Set\2017024300RA SHT ALL.dwa - ADrll 13. 2018 - Ben Carroll
DICKSON
community infrastructure consultants
Transportation + Water Resources
Urban Development + Geomatics
720 Corporate Drive
Raleigh, INC 27607
(v) 919.782.0495
(f) 919.782.9672
www.wkdickson.com
NC. LICENSE NO. F-0374
FULL SCALE: 1 "= 30
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.....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
FILE NAME: O:\Proiects\Resource Environmental Solutions\2017024300RA - T013 PODlar Creek Mitiaation Site\CADD\Plan Set\2017024300RA SHT ALL.dwa - ADril 13. 2018 - Ben Carroll
DICKSON
community infrastructure consultants
Transportation + Water Resources
Urban Development + Geomatics
720 Corporate Drive
Raleigh, INC 27607
(v) 919.782.0495
(f) 919.782.9672
NOTES:
www.wkdickson.com
NC. LICENSE NO. F-0374
FULL SCALE: 1 "= 30
1.
IN GENERAL, STREAM CONSTRUCTION SHALL PROCEED FROM AN UPSTREAM TO
2" = FULL SCALE
1" = HALF SCALE
I`
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DOWNSTREAM DIRECTION.
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DWIGHT B. YOUNGBLOOD, JR. DB /
721, PG 582 DB 854, PG 705 DB
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6.
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LIMITS OF PROPOSED
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5.1
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(SEE DETAIL DWG D4)
1.1
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(SEE DETAIL DWG D3)
DOUBLE LOG DROP
183
183
EE DETAIL SHEET D4
TYPICAL LEFT MEANDER CROSS
LOG TOE PROTECTION
(SEE DETAIL DWG D2)
SECTION
LOG SILL
(SEE DETAIL DWG D4)
180
180
VALLEY SILL
(SEE DETAIL DWG D2)
VAL EY ILL
LOG VANE — —
(SEE DETAIL DWG D3)
LOG SIL
EXISTING GRADE ALONGSTA
7+0
177
STR AM EN ERL NE
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177
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(SEE DETAIL DWG D6)
174
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(SEE DETAIL DWG D8)
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ROCK CROSS -VANE
(SEE DETAIL DWG D5)
LOGJHOOK
FLOO— -
LAIN SILL
168
ST 5+ 3
168
(SEE DETAIL DWG DWG D4)
LEV 173. 0
VALLEY / LOG SILL
(PROFILE)
165
165
DOUBLE LOG DROP
(PROFILE)
LOG VANE / J -HOOK
(PROFILE) O
162
162
ROCK CROSS -VANE /
ROCK A -VANE
(PROFILE)
160
160
RIFFLE GRADE CONTROL
(PROFILE)
4+50 5+00 5+50
6+00 6+50 7+00
7+50 8+00
8+40
SCALE: HOR 1"=30'; VERT 1"=3'
.....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
FILE NAME: O:\Proiects\Resource Environmental Solutions\2017024300RA - T013 PODlar Creek Mitiaation Site\CADD\Plan Set\2017024300RA SHT ALL.dwa - ADril 13. 2018 - Ben Carroll
DICKSON
community infrastructure consultants
Transportation + Water Resources
Urban Development + Geomatics
720 Corporate Drive
Raleigh, INC 27607
(v) 919.782.0495
(f) 919.782.9672
www.wkdickson.com
NC. LICENSE NO. F-0374
FULL SCALE: 1 "= 30
0 30
60
2" = FULL SCALE
1" = HALF SCALE
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PROJ. DATE: APR 2018
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Q.C. DATE: 3/18
DRAWING NUMBER:
S4
PROJ. NO.:
20170243.00. RA
.....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
FILE NAME: O:\Proiects\Resource Environmental Solutions\2017024300RA - T013 PODlar Creek Mitiaation Site\CADD\Plan Set\2017024300RA SHT ALL.dwa - ADril 13. 2018 - Ben Carroll