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20160979 Ver 2_Poplar Creek BPDP for PN_20190114Bank 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 Buffer/Nutrient Offset Site ii January 2019 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 Poplar Creek Parcel Development Package Buffer/Nutrient Offset Site 1 January 2019 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 Poplar Creek Parcel Development Package Buffer/Nutrient Offset Site 2 January 2019 (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 Poplar Creek Parcel Development Package Buffer/Nutrient Offset Site 3 January 2019 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. Poplar Creek Parcel Development Package Buffer/Nutrient Offset Site 4 January 2019 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). Poplar Creek Parcel Development Package Buffer/Nutrient Offset Site 5 January 2019 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 Poplar Creek Parcel Development Package Buffer/Nutrient Offset Site 6 January 2019 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 Poplar Creek Parcel Development Package Buffer/Nutrient Offset Site 7 January 2019 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. Poplar Creek Parcel Development Package Buffer/Nutrient Offset Site 8 January 2019 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: (919) 791-4200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 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 (919) 791-4248. 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 < emily_wells@fws.gov >. 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: (919) 807-6570/807-6599 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 \ \ O END OF EACH DAY TO RESTORE NORMAL FLOW BACK TO THE CHANNEL. \ \ 1 7� \ \ \ CE /�O\\ / >�\ 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 \ \ \ \ \ / \ (\ Z THE TREES TO BE SAVED. \ 180, �� \ \ O 1 \ 00 \5. Z O 0.7 HLL a I-_0 O U) I W Z UNLESS NOTED OTHERWISE, FILL MATERIAL GENERATED FROM CHANNEL EXCAVATION &\\I- W W Q O o :�i AND STABILIZATION SHALL BE PLACED INSIDE THE EXISTING CHANNEL TO BE ABANDONED AT AN ELEVATION THAT PROVIDES POSITIVE DRAINAGE TOWARDS THE J Q R IT a- o PROPOSED CHANNEL. Z_ F - w O �J// v! L.I_ J LO Q o TYPICAL SHALLOW CROSS SECTION 6. REMOVE AND STOCKPILE GRAVEL SUBSTRATE LOCATED WITHIN EXISTING CHANNELS. THIS MATERIAL SHALL BE INSTALLED ON THE PROPOSED BED OF SHALLOW CHANNEL Z Z Q SECTIONS AND SHALL BE AT LEAST 6 INCHES DEEP. IF NATIVE GRAVEL SUBSTRATE IS - 81-� =� I I I I / 2+00 \ \ _ \ �g��� CD / - J �` \ \ \ \ �\\\ \ \ \ 5.0 NOT AVAILABLE, THEN AN EQUAL MAX OF #5 / # 57 GRAVEL, SURGE STONE, AND NATIVE MATERIALS IS TO BE USED. ^moo / 88 l / / I I 7 � \ / / / s 'd / - \ \ 1.3 2.4 1.3 BANKFULL STAGE 7. IN -STREAM STRUCTURES PROPOSED ALONG THE OUTSIDE OF MEANDER BENDS (BRUSH TOES, LOG VANES, ROOT WADS, AND LOG TOES) MAY BE USED INTERCHANGEABLY THROUGHOUT THE PROJECT PER APPROVAL FROM DESIGNER./l /i/ -� �\\ �-__.�--- // / 3+00 / --�\ � CLD l Ll a- Z 6i Of w o CO �\ \\ \/ \s N \ \ rn W Z Uj LUZ � Z m o' �/ ���' Qa- O :E 0.9 Q.C.: BC 00- DRAWING NUMBER: LEGEND -0 /� J _ / / / REACH \ S3 i -A - / Y132 -A / - / P1 RESTORATION I GL 0.2 20170243.00. RA EXISTING CONTOUR MAJOR 50 - - _180\ \\ \ (STA. 00+17 TO 08+80) TYPICAL POOL CROSS SECTION EXISTING CONTOUR MINOR - - - - - - - - - - / PROPOSED CONTOUR MAJOR 50 � �p �k.1 5 PROPOSED CONTOUR MINOR �/L� EXISTING WETLAND I- J \ \ \ \ EXISTING TOP OF BANK - TB// � �� \\\ \ f X19 ��� � � \ \ ��\ \ \ \ BANKFULL STAGE EXISTING BOTTOM OF BANK ---- BB PROPOSED CENTERLINE OF T1 172 /i' \\\\\ \ \ CHANNEL - \ sb / \ \ \ EXISTING FENCELINE EXISTING TREELINE T1176 - \ \ _ / ----------\\ \ �Sb / �, \ \6. c, CL TYPICAL RIGHT MEANDER CROSS SECTION PROPOSED TOP OF BANK - - - - TB LIMITS OF PROPOSED CONSERVATION EASEMENT LCE --- \ 185' /\� ' � \ PROPOSED CHANNEL PLUG _ - - - - / \ -T11-75-T1�74� �\ / s� \ \ \ \ 5.1 1.2 3 (SEE DETAIL DWG D2) PROPOSED FILL AREA BANKFULL STAGE DIFFUSE FLOW STRUCTURE (SEE DETAIL DWG D4) 41 DOUBLE LOG DROP 1.1 BRUSH TOE ST 0+1 (SEE DETAIL DWG D3) ELEV 17E.81 OUB E LOG DROP DOUBLE LOG DROP (SEE DETAIL SHEET D4) 183 183 r TYPICAL LEFT MEANDER CROSS TOE ID2) L( DLON If OU E OG ROP EEDETAILLDWGG TA +44 SECTION LOG SILL �_LEV 177.22 (SEE DETAIL DWG D4) DOUBLE LO DROP 180S A 0+62 180 VALLEY SILL (SEE DETAIL DWG D2) E EV 176.6 OUB E L G D OP E STI G G DE ALO G LOG VANE o TA 0 66 STREAM CE TELINE - - (SEE DETAIL DWG D3) LEV. 176.3 P OPO ED � TA +50 177 TOP O BA K 177 LO OK (SEE DETDWG LLE SIL - o LTV 1 3.70 RIFFLE GRADE CONTROL (SEE DETAIL DWG D6) 0.34 /o 174 OUB E LOG' DIROP 174 ROCK A -VANE (SEE DETAIL DWG D7) TA +85 EL V. 1 5.56 OU LEL G ROPP OP SED (SEE DETAIL DWG 8) STA +90 HA NEL BOTTOM 171 171 EL EV 175.12 ROCK CROSS -VANE DOU LE LOG DROP (SEE DETAIL DWG D5) STA +20 ELEV. 17E.30 FLOODPLAIN SILL 168 168 (SEE DETAIL DWG D4) 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) 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 0 30 60 2" =FULL SCALE 1" = HALF SCALE I` W H � 0 0 I- \ co Z O U) Z O Z O 0� O HLL a I-_0 O U) I W Z i phi O ' W W Q O o :�i Y D) W J Q R IT a- o Q Z_ F - w O �J// v! L.I_ J LO Q o Z U Z F_ O W N _ U Z Z Q _ CSO N zw Z U Q o U W w O 121� °C no UU �1- o Q Z Q ~ o Z D aO w CLD l Ll a- Z 6i Of w o CO _� _ N Q O o Z N rn W Z Uj LUZ � Z m Qa- O :E PROJ. DATE: APR 2018 Q.C.: BC Q.C. DATE: 3/18 DRAWING NUMBER: S3 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 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` W H DOWNSTREAM DIRECTION. 0 0 H \ co 0 5.0 2. ALL EXCAVATED MATERIAL MUST BE PLACED WITHIN DESIGNATED STOCKPILE AREAS. z O — — — — 1.3 1.2 3. ALL IMPERVIOUS DIKES AND BYPASS PUMPING EQUIPMENT SHALL BE MODIFIED AT THE z O Z O END OF EACH DAY TO RESTORE NORMAL FLOW BACK TO THE CHANNEL. HLL a I-_0 — — — — — — — — — — U) I LU BANKFULL STAGE 4. CONTRACTOR SHALL NOT COMPACT SOIL AROUND ROOTS OR TREES TO REMAIN, AND W LL. Q — Y w J Q SHALL NOT DAMAGE SUCH TREES IN ANY WAY. EXCAVATED OR OTHER MATERIAL R IT a- Q o Z_ F - LL] J O SHALL NOT BE PLACED, PILED OR STORED WITHIN THE CRITICAL ROOT ZONE AREA OF � 0 7 — — Z U Z F_ 0.7 O W N _ 2i U THE TREES TO BE SAVED. Z Z Q M \ Z CIO U Q _ I= C:) U LU \ \ \ J 0 �� O o 5. UNLESS NOTED OTHERWISE, FILL MATERIAL GENERATED FROM CHANNEL EXCAVATION ~ o Z D / \ l LlZ 6i w o CO� Q _� = CV Z H N M AND STABILIZATION SHALL BE PLACED INSIDE THE EXISTING CHANNEL TO BE rn / Z Z m O Qa-:E ABANDONED AT AN ELEVATION THAT PROVIDES POSITIVE DRAINAGE TOWARDS THE Q.C.: BC \ Q.C. DATE: 3/18 DRAWING NUMBER: PROPOSED CHANNEL. DWIGHT B. YOUNGBLOOD, JR. DB / 721, PG 582 DB 854, PG 705 DB TYPICAL SHALLOW CROSS SECTION 6. REMOVE AND STOCKPILE GRAVEL SUBSTRATE LOCATED WITHIN EXISTING CHANNELS. \ \1399, PG 222 82 E 207 I A THIS MATERIAL SHALL BE INSTALLED ON THE PROPOSED BED OF SHALLOW CHANNEL SECTIONS AND SHALL BE AT LEAST 6 INCHES DEEP. IF NATIVE GRAVEL SUBSTRATE IS 8+00 % 5.0 NOT AVAILABLE, THEN AN EQUAL MAX OF #5 / # 57 GRAVEL, SURGE STONE, AND NATIVE I � 1.3 2.4 1.3 MATERIALS IS TO BE USED. / —1 �cS v� G, l,V / / �x BANKFULL STAGE 7. IN -STREAM STRUCTURES PROPOSED ALONG THE OUTSIDE OF MEANDER BENDS (BRUSH TOES, LOG VANES, ROOT WADS, AND LOG TOES) MAY BE USED / `?o ?o INTERCHANGEABLY THROUGHOUT THE PROJECT PER APPROVAL FROM DESIGNER. �P� \ \ POND TOP OF WATER` 179.68' / / \ 0.9 \ / REACH YB2-A \ `\ \�> P1 RESTORATION (STA. 00+17 TO 08+80) LEGEND 7+00 J�LO GL 0.2 EXISTING CONTOUR MAJOR —50— 50—TYPICAL \\ TYPICALPOOL CROSS SECTION EXISTING CONTOUR MINOR — — — — — — — — — — \ \ \ � x � / / PROPOSED CONTOUR MAJOR 50 00 / / / PROPOSED CONTOUR MINOR 5.1 r \ \ / / EXISTING WETLAND I- BANKFULL STAGE EXISTING TOP OF BANK — — — — TB \ EXISTING BOTTOM OF BANK — — — — BB PROPOSED CENTERLINE OF \\\\ \\� \\\�\\ \\\ ��\\ �` __---J \ / //`O/ / / CHANNEL / EXISTING FENCELINE n EXISTING TREELINE --------------- _T 180-- ' i% / / / / / PROPOSED TOP OF BANK ---- TB LIMITS OF PROPOSED ET �_ — _ — — / / CONSERVATION EASEMENT LM TYPICAL RIGHT MEANDER CROSS SECTION 5.1 PROPOSED SE HANNELPLUG IL DWG D2) PROPOSED FILL AREA BANKFULL STAGE DIFFUSE FLOW STRUCTURE (SEE DETAIL DWG D4) 1.1 BRUSH TOE (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 ELE 17 .60 177 LOG J -HOOK *=zI P OP SEDT (SEE DETAIL DWG D6) EL V 17 .30 P O BA K LOGJHO K S A 7+76 RIFFLE GRADE CONTROL QA EE 172.39 (SEE DETAIL DWG D6) 174 -0.340A 4� 174 ROCK A -VANE (SEE DETAIL DWG D7) <0 ROCK A -VANE (SEE DETAIL DWG D8) 171 P OP SED 171 CHA NE BOTTOM 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 I` W H 00 0 0 H \ co 0 a z O U) z O Z O 0� O HLL a I-_0 O U) I LU z i phi ' W LL. Q O o Y w J Q R IT a- Q o Z_ F - LL] J O � 0 � v! L.I_�/ J LID Q O Z U Z F_ O W N _ 2i U Z Z Q M _ LD O N zw Z CIO U Q _ I= C:) U LU LL ] w L Q 121� °C cn J 0 �� O o Q Z Q ~ o Z D aO w CD l LlZ 6i w o CO� Q _� = CV Z H N M w rn W Z C/)• L Z Z m O Qa-:E PROJ. DATE: APR 2018 Q.C.: BC 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