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20160981 Ver 2_Uzzle BPDP for PN_20190111ID#* 20160981 Select Reviewer:* Katie Merritt Initial Review Completed Date 01/11/2019 Mitigation Project Submittal -1/11/2019 Version* 2 Is this a Prospectus, Technical Proposal or a New Site? * Type of Mitigation Project:* r Stream r Wetlands V Buffer r Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* Bob White Project Information Existing 20160981 (DWR) (nunbers only no dash) I D#: * Project Name: Uzzle Buffer Mitigation Site County: Johnston Document Information r Yes r No Email Address:* bwhite@res.us Existing 2 Version: (nun-bersonly) Mitigation Document Type:* Mitigation Plan File Upload: Uzzle BPDP - FINAL.pdf 24.98MB Rease upload only one RDF of the complete file that needs to be subnitted... Signature Print Name:* Megan D Engel Signature:* Bank Parcel Development Plan Uzzle Buffer Mitigation Site DWR Project Number: 2016-0981 v2 Johnston County, North Carolina Neuse River Basin HUC 03020201 Prepared By: fires Bank Sponsor: EBX-Neuse I, LLC, 302 Jefferson Street, Suite 110 Raleigh, NC 27605 919-829-9909 January 2019 Table of Contents 1 INTRODUCTION......................................................................................................................... l 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..................................................................................................................................4 2.5 Threatened and Endangered Species........................................................................................ 5 2.6 Environmental and Cultural Constraints................................................................................... 5 2.7 Federal Emergency Management Agency (FEMA) Floodplain/Floodway Mapping.................6 3 RIPARIAN ENHANCEMENT PLAN......................................................................................... 6 3.1 Parcel Preparation.................................................................................................................... 6 3.2 Riparian Enhancement Activities............................................................................................. 6 3.3 Planting Plan............................................................................................................................ 7 3.4 Easement Boundaries and Fencing........................................................................................... 8 4 MONITORING AND MAINTENANCE PLAN.......................................................................... 8 4.1 Monitoring Protocol and Success Criteria................................................................................ 8 4.2 Adaptive Management Plan and Parcel Maintenance............................................................... 9 4.3 Long Term Management Plan.................................................................................................. 9 5 FINANCIAL ASSURANCE........................................................................................................11 6 MITIGATION POTENTIAL.....................................................................................................12 7 CREDIT RELEASE SCHEDULE FOR UZZLE.......................................................................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 10, 2018) Uzzle Parcel Development Package Buffer Mitigation Site ii January 2019 I 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 Uzzle Riparian Buffer 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) (Figure 1). This BPDP is in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 and the RES Poplar Creek Umbrella Mitigation Banking Instrument (UMBI), 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 Uzzle Stream Mitigation Site in the Neu -Con Stream and Wetland Umbrella Mitigation Bank (SAW# 2016-01973). The mitigation plan for the Uzzle Stream Mitigation Bank has been submitted and is in review with the Interagency Review Team (IRT). It is proposed to provide stream enhancement and restoration on approximately 5,982 linear feet of streams to generate 3,118 stream mitigation units. 1.1 Parcel Location The Uzzle Parcel is located in Johnston County approximately six miles southeast of Clayton, North Carolina (Figure 2). The Parcel is located within Neuse River Basin USGS 14 -digit HUC 03020201100040, a Targeted Local Watershed, and DWR Subbasin Number 03-04-02. To access the Parcel head West on NC 70 from the Town of Wilson Mills and turn left onto Meta Drive. The Parcel is accessible from the end of Meta Drive. The coordinates of the site are 35.585186 N, - 78.393553 W. 1.2 Parcel Overview The Uzzle 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. The proposed enhancement of the Neuse riparian buffer (as defined in 15A NCAC 02B .0233) is anticipated to result in immediate water quality benefits within the vicinity of the Parcel and will include the removal of livestock access to Parcel streams and reduction in nutrient loads from agricultural land -uses. The riparian restoration and enhancement activities within the Parcel will also result in improved water quality within the downstream watershed. When combining the Uzzle Stream Mitigation Bank with the Uzzle Buffer Mitigation Bank, the conservation easement will total approximately 27.3 acres and includes Little Poplar Creek, which flows directly into the Neuse River and two unnamed tributaries that flow directly into Little 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 highly disturbed riparian forest that has been actively grazed. The presence of livestock within the parcel has prevented understory vegetative growth, caused localized areas of erosion, and is a constant source of nutrients to the stream. Other stressors include high storm flows from the upstream culvert. These impacts have dislocated some of the stream from its floodplain and created poorly functioning overflow "channels", causing significant habitat degradation as well as unstable and eroding banks. Uzzle Parcel Development Package Buffer Mitigation Site 1 January 2019 The easement is separated by an agricultural crossing, dividing the site into an upper and lower portion. The upper portion of the project includes reaches LP1, LP2, LP3, LP4, and LP5. The lower portion of the project includes reaches LP5, LP6, and LP7. The overall drainage area of the Parcel is approximately 2.05 miles squared. Little Poplar Creek (LP1, LP2, LP4, LP5, and LP7) is a perennial stream channel and the two unnamed tributaries (LP3 and LP6) have been classified as intermittent and confirmed by DWR staff (Appendix B). Furthermore, it was confirmed, by DWR staff, that all riparian areas adjacent to streams associated with this proposed bank have active cattle grazing. Stream identifications and buffer viability assessments were performed by the DWR at the January 13, 2017 site visit. Correspondence regarding these determinations is in Appendix B. For purposes of the Uzzle Riparian Buffer Bank, the Parcel involves enhancing riparian buffers and other riparian areas adjacent to mitigated streams onsite. Of the 27.3 acres protected in the conservation easement, 13.66 acres will be enhanced by the removal of cattle from the streams and riparian areas for Neuse riparian buffer credit only. The BPDP will generate credit within the 0-50 foot and 151-200 foot buffer from the proposed top of bank (Figure 4). All project streams will have a riparian buffer of at least 50 feet, excluding crossings and a portion of LP5 and LP6 to the gas -line easement (Figure 4). Credit within the 51-150 foot buffer zone is being claimed for additional stream credit in the Uzzle Stream Mitigation Bank (Figure 5). There will be no overlap in the buffer bank credit areas and the buffer for stream credit areas (Figure 6). As shown on Figure 6, the stream credit area is solely being used for the generation of stream mitigation credits, and 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). Also, riparian buffer enhancement credits generated on this Bank Parcel are allowed pursuant to 15A NCAC 02B .0295 (0)(6) but cannot and will not be used to generate nutrient offset credits. Figure 4 shows the Conceptual Design Plan for the Riparian Buffer Bank and Section 6.0 provides details of the mitigation determination on the Bank Parcel. 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 Little Poplar Creek floodplain and has a gently rolling topography. Elevations range from 240 to 210 feet above mean sea level (NAD 27) based upon USGS topographic mapping (Figure 7). Two unnamed tributaries, and Little Poplar Creek on the Uzzle Bank Parcel as well as overland flow of stormwater ultimately drain into Poplar Creek, and subsequently into the Neuse River. Little Poplar Creek is classified as Class C waters. Class C waters are protected for uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation, survival and maintenance of biological integrity, and agriculture. Secondary recreation includes wading, boating, and other uses involving human body contact with water where such activities take place in an infrequent, unorganized, or incidental manner (NCDEQ 2018). Within the proposed mitigation area, the channels drain surface water and groundwater from the surrounding cattle pastures, large impervious surface area on the west, and storm water runoff from Highway 70 (Figure 3). Uzzle Parcel Development Package Buffer Mitigation Site 2 January 2019 2.2 Soils The Johnston County Soil Survey shows two mapping units across the Parcel. Map units include six soil series. (Figure 8). Site soils are mapped by the Natural Resources Conservation Service (MRCS) as Appling-Marlboro complex, Cecil loam, Lynchburg sandy loam, Pacolet loam, Rains sandy loam, and Wehadkee loam within the Parcel). Lynchburg sandy loam, Rains sandy loam, and Wehadkee loam soils are generally poorly drained loamy soils and range from zero to five percent slopes. Appling-Marlboro complex, Cecil loam, and Pacolet loam are well -drained located on uplands or interfluves ranging from one to 15 percent slopes. Lynchburg sandy loam, Rains sandy loam, and Wehadkee loam soils are listed on the NRCS hydric soil list as hydric or having hydric inclusions. The surrounding upland soils are primarily Appling-Marlboro complex, Pacolet loam. The soil series found on the site are described below and summarized in Table 1. Table 1. Parcel Mapped Soil Series Map Percent Drainage Hydrologic Landscape Unit Map Unit Name Hydric Class Soil Group Setting Symbol Appling-Marlboro AmB ° 0 /o Well B Interfluves complex, 1-6% slopes Cecil loam, 6-10% CeC 0% Well A Interfluves slopes Lynchburg sandy Somewhat Flat on marine L Ly 8% B/D loam, 0-2% slopes poor terraces Pacolet loam, 10-15%ridges Hillslo es on PaD 0% Well B slopeses rid Rains sandy loam, 0- Flat on marine Ra 90% Poor A/D 2% slopes terraces Wehadkee loam, 0-2% Depressions on Wt slopes, frequently 90% Poor B/D floodplains flooded 2.3 Existing Riparian Conditions Current land use in the vicinity of the project is primarily actively grazed pasture and forest. There is a large impervious area, row crops, and maintained vegetation, and a four -line highway surrounding the project. The site viability letter from DWR in Appendix B provides details on land -uses within the riparian areas on the site. Current conditions within the Parcel, demonstrate significant habitat degradation as a result of impacts from agriculture, and historic land uses; as well as a large wetland the encompasses the majority of the Parcel (Figure 3, Appendix D). Since the DWR site visit on January 17, 2017, the land use and condition of the riparian buffer has remained the same; as a grazed woodland, where livestock have full access to streams. In most cases, the riparian buffer is in fair condition where much of the riparian buffer is devoid of an understory and shrubs and is actively grazed (under the mature forest canopy) by livestock on both banks of the existing channel. Habitat along the majority of the restoration (LP 1) and enhancement reaches Uzzle Parcel Development Package Buffer Mitigation Site 3 January 2019 (LP2-LP7) is fair in that there is some woody debris or overhanging vegetation for fish cover or protection for other aquatic species. Furthermore, the forested riparian area most closely resembles a disturbed Coastal Plain small stream swamp and is dominated by hardwoods and loblolly pine (Pinus taeda). Canopy species include loblolly pine, green ash (Fraxinus americana), swamp tupelo (Nyssa biflora), tulip -poplar (Liriodendron tulipifera), American sycamore (Platanus occidentalis), red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), black cherry (Prunus serotine), white oak (Quercus alba), water oak (Quercus nigra), and willow oak (Quercus phellos). Sub -canopy species included red cedar (Juniperus virginaiana), sweetbay (Magnolia virginiana), American holly (Ilex opaca), trumpet creeper (Campsis radicans), Carolina jasmine (Gelsemium sempervirens), blackberry (Rubus argutus), and roundleaf greenbrier (Smilax rotundifolia). The channels within the Parcel include Little Poplar Creek and two unnamed tributaries, divided into seven reaches by treatment type and location (LP1-LP7), described below. All project reaches, except LP3, are subject to the Neuse Buffer Protection Rule 15A NCAC 02B .0233 and are therefore being proposed to generate buffer enhancement mitigation credit under 15A NCAC 02B .0295 (n) and (o)(6), (Appendix B). Additionally, LP3 is proposed to generate buffer enhancement mitigation credit under 15A NCAC 02B .0295 (n) and (o)(6), as per the DWR buffer viability assessment performed on January 13, 2017 (Appendix B). Reach LP1 has an existing length of 852 linear feet, a drainage area of 1.76 square miles (1,124 acres), consists of a main channel that is slightly entrenched but highly sinuous, and has overflow "channels" causing significant habitat degradation as well as unstable and eroding banks. Reach LP2 has an existing length of 1,619 linear feet, a drainage area of 1.83 square miles (1,174 acres),and consists of a channel that is slightly entrenched but highly sinuous. Reach LP3 has an existing length of 200 linear feet, a drainage area of 0.04 square miles (23 acres),and consists of an entrenched channel with low sinuosity. Reach LP4 has an existing length of 559 linear feet, a drainage area of 1.88 square miles (1,202 acres),and consists of a slightly entrenched channel that is highly sinuous. Reach LP5 has an existing length of 2,325 linear feet, a drainage area of 2.03 square miles (1,296 acres), consists of a slightly entrenched channel that is moderately sinuous, and one 60 -foot easement break. Reach LP6 has an existing length of 387 linear feet, a drainage area of 0.07 square miles (42 acres),and consists of an entrenched channel that has low sinuosity. Reach LP7 has an existing length of 322 linear feet, a drainage area of 2.05 square miles (1,312 acres), and consists of a slightly entrenched channel with low sinuosity. 2.4 Wetlands The United States Fish and Wildlife Service (USFWS) National Wetland Inventory Map (NWI) depicts one potential wetland area within the Site (Figure 9). During site evaluations on January 5, 2017, this wetland was confirmed and delineated on-site by senior ecologist Jeremy Schmid. Wetland boundaries were delineated using current methodology outlined in the 1987 U.S. Army Corps of Engineers (USACE) Wetland Delineation Manual (Environmental Laboratory 1987). Soils were characterized and classified using the Field Indicators of Hydric Soils in the United States, Version 7.0 (USDA-NRCS 2010). Within the boundaries of the proposed Site, one large wetland is present, and is labeled as Wetland A (WA; Figure 3). WA resides within the Parcel, and is approximately 20.68 ac. in size, and portions of the wetland are present outside the Parcel. The wetland is found within the floodplain along both banks of Little Poplar Creek for the entirety of the Site and is impacted by cattle access throughout. Vegetation within the wetland areas is predominantly white oak (Quercus alba), water oak (Quercus nigra), American holly Uzzle Parcel Development Package Buffer Mitigation Site 4 January 2019 (Ilex opaca), red maple (Acer rubrum), tulip poplar (Liriodendron tulipifera), sweetgum (Liquidambar styraciflua), loblolly pine (Pinus taeda), blackberry (Rubus argutus), Nepalese browntop (Microstegium vimineum), dogfennel (Eupatorium capillifolium), partridgeberry (Mitchella repens), roundleaf greenbrier (Smilax rotundifolia), and muscadine (Vitis rotundifolia). Outside of the easement and wetland areas, cattle are actively managed, and fescue is the predominant forage. Jurisdiction determination was confirmed in the field by USACE representative Samantha Dailey on June 22, 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 (accessed 12 March 2017) 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 mitigation work. A letter from USFWS was received on July 12, 2018 to confirm these findings (Appendix B). 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 leucocephalus BGPA No Current Invertebrate: Tar River spinymussel Eliptio steinstansana E No Current Dwarf wedgemussel Alasmidonta heterodon) E No Current Yellow Lance Elliptio 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, Uzzle Parcel Development Package Buffer Mitigation Site 5 January 2019 cultural resources, and the potential for hydrologic trespass. A review of North Carolina State Historic Preservation Office (SHPO) GIS Web Service (accessed 26 June 2017) database did not reveal any listed or potentially eligible historic or archeological resources on the proposed Site properties. There are no anticipated impacts from project activities to state surveyed properties as there are none in the proposed Parcel vicinity. A letter from SHPO was received on November 28, 2016 to confirm these findings Appendix B. 2.7 Federal Emergency Management Agency (FEMA) Floodplain/Floodway Mapping According to the North Carolina Floodplain Mapping Information System, all Parcel reaches are located within the FEMA 100 -year floodway of Little Poplar Creek (Zone AE) (Figure 10). Grading activities are proposed within the Little Poplar Creek floodway for the Uzzle Stream Mitigation Bank on the restoration portion of the project for reach LPI. Therefore, it is anticipated that a No -rise or Conditional Letter of Map Revision (CLOMR) will be required for the Stream Mitigation Bank. Hydrologic trespass is a not a concern for this project. While designing the Uzzle Stream Mitigation Bank, appropriate measures were taken to eliminate hydrologic trespass of the adjacent properties. The adjacent land use will not be affected by the proposed design, and no detrimental impacts are expected beyond the easement limits. The Parcel can be found on Flood Insurance Rate Map (FIRM) Panels 1676, 1677, 1686 (map numbers 3720167600J, 3720167700J, 3720168600J), effective date December 2, 2005. 3 RIPARIAN ENHANCEMENT PLAN 3.1 Parcel Preparation Preparation of the Parcel will involve spraying exotic invasive species, contoured ripping, seeding, and planting. Livestock will be completely removed from Parcel, in perpetuity by way of conservation easement and installation of fencing (Figure 4). 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. Bare root plantings and live stakes shall be planted according to the planting plan. 3.2 Riparian Enhancement Activities Enhancement 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). Where livestock are present, RES will install cattle exclusion fencing to exclude access to riparian areas and their associated streams (Figure 4). All fencing will be installed to NRCS specifications. Uzzle Parcel Development Package Buffer Mitigation Site 6 January 2019 Riparian enhancement adjacent to streams is shown in Figures 4 and 6, and was approved by the DWR in their Buffer Viability letter dated January 13, 2017 (Appendix B). All enhancement activities will begin from the tops of the stream banks and extend outward a maximum of 200 feet perpendicular to the stream channel where possible pursuant to 15A NCAC 02B .0295 (effective November 1, 2015). It is important to note that areas along all reaches, between the 50-150 foot buffer width zone, within the project are being used to generate additional stream credit for the Uzzle Stream Mitigation Bank. As shown on Figure 4, Figure 5, and Figure 6, this area is solely being used for the generation of stream mitigation credits and 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). Buffer crediting will be generated from the 0-50 foot and 151-200 foot buffer width zones. Buffer enhancement can only generate buffer mitigation credit and is not transferrable into nutrient offset credits. The enhancement of plant communities within the Parcel will not only provide stabilization and improve water quality within the easement limits, but also provide ecological benefits to the entire watershed. Vegetation within riparian buffers can vary depending on disturbance regime and adjacent community types, so the protected buffer easement will have planting with appropriate native species observed in the surrounding forest and species known to occur in similar environments. Planting is planned for the Uzzle Stream mitigation Bank on reach LPI (Figure 11). Additionally, supplemental planting of the understory of the stream enhancement reaches will be planted concurrently (Figure 11). All riparian enhancement activities will commence in concurrence with the stream mitigation activities and not before. Therefore, the mitigation area where riparian enhancement is being performed may be altered slightly depending on the approval of the Stream Mitigation Plan for the Stream Mitigation Bank. Restoration activities based on the design approach will include meandering the proposed channel within the natural valley, backfilling the existing stream channel, and reconnecting a new channel to its floodplain. Diffused flow will be maintained throughout the mitigated riparian areas. The riparian enhancement areas will be surveyed and information will be provided in the As -Built report. All applicable federal, state, and local documentation, permits, and/or authorizations will be acquired as part of implementing the above-mentioned mitigation plan and will be provided to DWR as part of the As -Built Report. 3.3 Planting Plan Although buffer enhancement is being perused, a portion of the riparian buffer will be planted where stream restoration is occurring (LP1), and supplemental planting adjacent to enhancement reaches. Revegataion of these areaa will meet the performance standards outlined in the Rule 15A NCAC 02B .0295 and described in Section 4.1. 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 following the completion of the stream restoration work. Tree species specified for planting on the Uzzle Site are shown in Table 3. Uzzle Parcel Development Package Buffer Mitigation Site 7 January 2019 Table 3. Uzzle Site Tree Planting List 3.4 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. Boundary signs will include contact information. 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 TODIVAN 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 3.6 acres will be planted and four monitoring plots will be installed a minimum of 100 m2 in size. These plots will cover at least two percent of the planted mitigation area for the Stream Mitigation Bank, one of these plots will be randomly placed throughout the planted riparian buffer. There will be one (1) plot within the riparian buffer that is measuring success of both the stream mitigation and the buffer riparian area. Data for the one plot located in the buffer crediting area, will be provided in the Monitoring reports, as a courtesy to the DWR. The following data will be recorded for all trees in the plots: species, 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 based on the Uzzle Stream Mitigation Plan (Action ID #SAW- Uzzle Parcel Development Package Buffer Mitigation Site 8 January 2019 Tree Species- Floodplain and Wetland Common Name Scientific Name Wetland Indicator* Growth Rate Swamp tupelo Nyssa biflora OBL moderate Bald cypress Taxodium distichum OBL rapid Overcup oak Quercus lyrata OBL moderate River birch Betula nigra FACW rapid Willow oak Quercus phellos FACW rapid Swamp chestnut oak Quercus michauxii FACW moderate American sycamore Platanus occidentalis FACW rapid Live Staking and Live Cuttings Bundle Tree Species Common Name Scientific Name Wetland Indicator* Black willow Salix nigra OBL rapid Silky Dogwood Cornus sericea FACW rapid Cottonwood Populus deltoides FAC rapid 3.4 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. Boundary signs will include contact information. 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 TODIVAN 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 3.6 acres will be planted and four monitoring plots will be installed a minimum of 100 m2 in size. These plots will cover at least two percent of the planted mitigation area for the Stream Mitigation Bank, one of these plots will be randomly placed throughout the planted riparian buffer. There will be one (1) plot within the riparian buffer that is measuring success of both the stream mitigation and the buffer riparian area. Data for the one plot located in the buffer crediting area, will be provided in the Monitoring reports, as a courtesy to the DWR. The following data will be recorded for all trees in the plots: species, 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 based on the Uzzle Stream Mitigation Plan (Action ID #SAW- Uzzle Parcel Development Package Buffer Mitigation Site 8 January 2019 2016-01973). Invasive and noxious species will be monitored and controlled 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 with all observations provided in the annual monitoring reports, 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, all plots will be monitored in accordance with the monitoring protocol in the Uzzle 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 I, LLC until the Bank Parcel is transferred to the NCWHF. Endowment funds required to uphold the Uzzle 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 Site during the initial monitoring phase. These activities will be conducted in accordance with the Uzzle Parcel Development Package Buffer Mitigation Site 9 January 2019 terms and conditions of the RES Poplar Creek Umbrella Mitigation Banking Instrument made and entered into by EBX-Neuse I, LLC and DWR. Uzzle Parcel Development Package Buffer Mitigation Site 10 January 2019 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. Uzzle Parcel Development Package Buffer Mitigation Site 11 January 2019 6 MITIGATION POTENTIAL The Uzzle Mitigation Bank presents 27.3 acres of permanent conservation easement in Johnston County, North Carolina. While this easement also encompasses areas for the Uzzle Stream Mitigation Bank, the purpose of the Uzzle Buffer Bank is to generate Neuse riparian buffer mitigation credits. Once finalized a conservation easement and final recorded plat will be provided in Appendix C. The width of the buffer 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 and again form 151-200 feet. There will be no overlap of credit generation between stream crediting areas (51-150 feet) and riparian buffer crediting areas. This Bank has the potential to generate approximately 6.30 acres (274,395 ft2) of buffer enhancement credits. The riparian buffer mitigation credits generated will service Neuse buffer impacts within the USGS 8 -digit HUC 03020201 of the Neuse River Basin, excluding the Fall Lake Watershed. The Sponsor will maintain one credit ledger. The One ledger will account for buffer Enhancement credits. All mitigation credit assets shall be shown on this credit ledger. The total potential mitigation credits that the Uzzle Bank will generate are summarized in Table 4; Figure 4 Table 4. Uzzle Bank Parcel Credit Summary Riparian Buffer Credit Credit Riparian Credit Existing Used %Full Mitigation Type Per Acre Ratio Mitigation Assets Zone Type Acreage Acreage Credit (ft2) Riparian 0-50' Enhancement 12.08 12.08 43,560 2:1 100% 263,006 ft2 (6.04 ac) Buffer Riparian 151-200' Enhancement 1.58 1.58 43,560 2:1 33% 11,389 ft2 (0.26 ac) Buffer 274,395 ft= (6.30 ac) Total Enhancements 13.66 includes ratios & reductions Uzzle Parcel Development Package Buffer Mitigation Site 12 January 2019 7 CREDIT RELEASE SCHEDULE FOR UZZLE Table 5 - Credit Release Schedule for Riparian Buffer Credits Task Project Milestone % Credit Available for Sale 1 Instrument and BPDP Approved by DWR, Conservation Easement Recorded and Financial Assurance Posted 20 2 Mitigation Site Earthwork, Planting and Installation of Monitoring Devices Completed 20 3 Monitoring Financial Assurance Posted and Approval of As -Built Report 10 4 Monitoring Report #1: Approved by the DWR** & financial assurance renewed 10 5 Monitoring Report #1: Approved by the DWR** & financial assurance renewed 10 6 Monitoring Report #1: Approved by the DWR** & financial assurance renewed 10 7 Item B (1) of Section X in this Instrument has been completed and approved by DWR. 5 No remaining credits will be released until the conservation easement has been assigned to an approved land trust or stewardship 8 Monitoring Report #1: Approved by the DWR** & financial assurance renewed 5 9 Monitoring Report #5: Approved by the DWR** and final site visit by DWR has been conducted 10 Total 100% ** DWR Approval provided upon a determination that the site is meeting success criteria contained within this BPDP Uzzle Parcel Development Package Buffer Mitigation 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 (MRCS), 1994. Soil Survey of Johnston County, North Carolina. Schafale, M.P. and A.S. Weakley. 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. Uzzle Parcel Development Package Buffer Mitigation 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 IHillsborough I- � *)�Tll' �i Fu "reedrnoor 0 00 Costs I3jngton Eluies Creek 271 Irwin WalkertownN., ::I�i, 13 L2� UV pring Lake si Bragg i421 Louisburg Hahwa-Sz�—i ScIts. IT) 7811 ,4 -� Red Oak 41 Red Oak y Mount Uzzle Mitigation Site Olive - C- . Grange I attev le ton saw Legend Buffer Service Area- HUC 03020201 excluding Falls Lake Watershed N Date: 10/5/2018 Figure 1 - Service Area Map W —A— Drawn by: MDE s Uzzle Mitigation Site res o Checked by: RMW 0 5 10 5dgow Johnston County, North Carolina 1 inch = 10 miles Miles NeuseGolf Zk. Club Uzzle Mitigation Site Latitude: 35.585186 Longitude: -78.393553 70 �epn ills Johnston CountyA; rpo rtj Le -gen Proposed Easement TLW 03020201100040 4"plar C"' N Date: 9/27/2018 Figure 2 - Vicinity Map W—A— E --- 7f— Drawn by: MDE s Uzzle Mitigation Site res o Checked by: RMW 0 0.5 1 Johnston County, North Carolina 1 inch = 1 miles Miles depend Proposed Easement Existing Wetland Streams Lf --U Gasline Easement Ok A "N- W-OAWO ION. Date: 10/31/2018 Figure 3 - Existing Conditions Map --- 7t�—E Drawn by: MDE S Uzzle Mitigation Site res o Checked by: RMW 0 250 500 Johnston County, North Carolina 1 inch = 500 feet Feet w-k;;;2•'� .f 1 _ �„���- Qn Cllr FA b lk �• t�i:rKJpr„� J 61W— - t R ¢:z- Areas from 51-150 feet from the top of bank were not persued for buffer credit, but for stream credit for wider buffers Y 14. .�, � +t�,.• f 11R� 1P PIC (:;'� z a� c � `•'' � r' ti � iNc sir � ti , or w r � ,4 r _ - Y, Le end Proposed Easement - Proposed Stream Channel Riparian Buffer Credit Riparian Credit Existing Used % Full Buffer Mitigation Zone Type Mitigation Type Acreage Acreage Credit Per Acre (ft2 ) Ratio Credit Mitigation Assets Buffer Enhancement (0-50') Riparian 0-50' Enhancement 12.08 12.08 43,560 2:1 100% 263,006 ft2 (6.04 ac) ® Buffer Enhancement (151-200') Buffer 151-200' Riparian Enhancement 1.58 1.58 43,560 2:1 33% 11,389 ft2 (0.26 ac) �X Proposed Fence Buffer z p 274,395 ft (6.30 ac) Total Enhancements 13.66 includes ratios & reductions N Figure 4 - Conceptual Design Plan for Date: 11/2/2018 _ Riparian Buffer Bank res Drawn by: MDE s Uzzle Mitigation Site Checked by: RMW 0 250 500 Feet Johnston County, North Carolina 1 inch = 500 feet Legend Proposed Easement NSBW Credit Area (51-150 ft) X ---X Proposed Fence Stream Mitigation Restoration Enhancement II N W E s 0 250 500 Figure 5 - Conceptual Design for Stream Mitigation Uzzle Mitigation Site Johnston County, North Carolina It Date: 11/2/2018 Drawn by: MDE res Checked by: RMW 1 inch = 500 feet DWR Riparian Buffer Crediting Areas Non -Standard Buffer Width Credit Areas ores N W E S 0 200 400 Feet Figure 6 - Buffer Zones Uzzle Mitigation Site Johnston County, North Carolina Date: 11/2/2018 1 Drawn by: MDE Checked by: RMW 1 1 in= 400 feet Legend Proposed Easement Proposed Stream Channel ®Ineligible Credit Areas _NSBW Credit Area (51-150 ft) BPDP Buffer Enhancement (0-50') 3PDP Buffer Enhancement j (101-200') �^*■�■■ ■ fit• rr► •I � •Odvis �®— � a ��- �_ 190 J `/ 1� N. �k 1901 ' ` \� - • • r •,� 3 O�Vi<18tSil � �•� �' ,'� �' i 4 „ d 190 tebp 150 s M 25$ � Gravel O\ ( 163 '_ --- m `S IU —a WT em ra Legend s4 \ Q a � / Proposed Easement `• ` x2x Drainage Area - 2.05 sqmi N Figure 7 - USGS Map Date: 10/31/2018 w E (Powhatan 1980) Drawn by: MDE res s Uzzle Mitigation Site Checked by: RMW 0 1,000 2,000 � 1 inch - 2,000 feet Feet Johnston County, North Carolina Legend Proposed Easement Hydric (100%) Predominantly Hydric (66-99%) Partially Hydric (33-65%) Predominantly Nonhydric (1-32%) C Nonhydric (0%) N .&QWW E s 0 300 600 N 21 Sybmol Name AmB Appling-Marlboro complex, 1-6% slopes vii fC CeC Cecil loam, 6-10% slopes Ly Lynchburg sandy loam, 0-2% slopes PaD Pacelot loam,. 10-15% Slopes Ra Rains sandy loam, 0-2% slopes Wt Wehadkee loam, 0-2% slopes, frequently flooded Figure 8 -Soils Map Date: 10/2/2018 0 Uzzle Mitigation Site Drawn by: MDE res Checked by: RMW Johnston County, North Carolina 1 inch =600 feet It IN r do 0 PFO1A Legend Proposed Easement ® NWI Wetlands N W E s 0 300 600 _ x Z s ,� U"OiA Figure 9 - National Wetland Inventory Map Uzzle Mitigation Site Johnston County, North Carolina t Date: 10/31/2018 Drawn by: MDE res Checked by: RMW 1 inch = 600 feet 0 ' A - + _ - 0167700K + �� ..r +. "Laal77 x poll Ab A ON IL AV V4 41 v- T � ► 'C: � ►�{ ,'� 'i;!.c.cai'�S I �/%!�� S , ','F� —=1� ,, u L ..oHaz� A 4r • r !�t r� 4 1 'I " it tib' �; ,. r "'//i/s/ % ✓iii////r�/f '�t• ,� � .'`,�, " ..�, r: Vit, t,r�;. r •%��c�"-.;;� i :� •• " ' _ : � . -., .rte � �` ''/���,-,..�s�i�� Legend ....�4 Proposed Easement E FEMA Zone AE j/0 FEMA Regulatory Floodway .2% Chance Annual Flood V. N Figure 10 - FEMA Map Date: 10/31/2018 x w E Drawn by: MDE Uzzle Mitigation Site S 0 300 600 Checked by: RMW Johnston County, North Carolina 1 inch =600 feet e Feet fires Legend Proposed E, ® Crest Gaug( 0 Flow Gauge 42 Wetland Ga Proposed C N Figure 11 - Monitoring Plan Map w E s Uzzle Mitigation Site 0 200 400 Johnston County, North Carolina Date: 10/31/2018 Drawn by: MDE res Checked by: RMW 1 inch = 400 feet 0 Appendix B — Correspondence Water Resources ENVIRONMENTAL QUALITY January 13, 2017 Cara Conder Resource Environmental Solutions, LLC 302 Jefferson St., Suite 110 Raleigh, NC 27605 (via electronic mail) Re: Site Viability for Buffer Mitigation & Nutrient Offset — Uzzle Site 150 Meta Drive, Clayton NC Johnston County Dear Ms. Conder, ROY COOPER col, <„ WILLIAM G. ROSS. JR. S. JAY ZIMMERMAN On December 28, 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 January 13, 2017, Ms. Merritt performed a site assessment of the subject site, which is more accurately shown in the attached aerial initialed by Ms. Merritt on January 13, 2017. 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' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. Feature Classification 1Subiect Riparian Land uses 0-200' Buffer Credit 2Nutrient Offset Mitigation Type to Buffer Viable at 2,273 Determination w/in Rule lbs acre riparian areas Viable UT1 Stream No Closed canopy of native hardwoods and Yes No Enhancement site per pines actively grazed by cattle 15A NCAC 026 .0295 (areas within pipeline easement not viable (o)(6) for mitigation credit) UT2 Stream Yes Closed canopy of native hardwoods and Yes No Enhancement site per pines actively grazed by cattle 15A NCAC 02B.0295 (areas within pipeline easement not viable (o)(6) for mitigation credit) Little Stream Yes Closed canopy of native hardwoods and Yes No Enhancement site per Poplar pines actively grazed by cattle 15A NCAC 02B .0295 Creek (areas within pipeline easement not viable (o)(6) for mitigation credit) 'Subjectivity calls for the streams were determined by DWR on January 13, 2017 using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS. 2 NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment State of North Carolina I Environmental Quality I Water Resources 1617 Mail service Center I Raleigh, North Carolina 27699-1617 919 807 6300 Uzzle Site (RES) January 13, 2017 A map showing the project site and the features was provided by RES and was initialed by Ms. Merritt on January 13, 2017. This letter should be provided in all future stream, wetland or buffer mitigation plans for this Site. This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters. 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. Sincerely, 1 Karen Higgins, Super, 401 and Buffer Permitting Branch KAH/km Attachments: Site Aerial prepared by RES cc: File Copy (Katie Merritt) 212 Figure 2. Current Conditions Map Uzzle Mitigation Site 0 350 700 res Feet 1 in. = 700 ft. 0 Wa ter R esources ENVIRONMENTAL QUALITY January 27, 2017 George C. Uzzle III and Linda Uzzle PO Box 101 Wilson Mills, NC 27593 Subject: Surface Water Determination Letter ROY COOPER MICHAEL S. REGAN .St" WrW l S. JAY ZIMMERMAN 141 ' rw DWR# 2016-1270 Johnston County Determination Type: Buffer Subjectivity Call Stream Determination ® Neuse (15A NCAC 2B .0233) Start@ ❑ Tar -Pamlico (15A NCAC 213 .0259) ® Ephemeral/Intermittent/Perennial Determination USGS ElIsolated Wetland Determination El Jordan 05A NCAC 2B.0267) Subject Project Name: Uzzle Miti ation Site Location/Directions: 105 Meta Drive, Clayton, NC Subject Stream Little Poplar Creek Determination Date: 1-13- 2017 Staff: Mac Haupt Feature E/I/P* Not Subject Start@ Stop@ Soil USGS or Subject Survey Topo Ditch Little Poplar P X Northern property throughout X X Creek- boundary -US 70 Mainstem Upper I X pipeline easement Little Poplar Tributary -western property Creek bounda Lower I X 35 34 58.1833 N, Little Poplar X Tributary 78 23 32.1005 W Creek 'Ealt• =bpnemeraillntermtttentIFerennial State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 Uzzle Mitigation Site January 27, 2017 Page 2 of 2 Explanation: Staff with Division of Water Resources (DWR), visited the subject site on January 13, 2017, at the request of Cara Conder with EBX-Neuse I, LLC. Features listed on the Soil Survey of Johnston County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale, are checked as "Subject" to the Neuse Buffer Protection Rule. Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams located on your property that do not show up on the maps referenced above but, still may be considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources (DWR). 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 or Delegated Local Authority may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing c/o Karen Higgins, DWR 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699. This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. The owner/future owners should notify the Division of Water Resources (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Resources (Central Office) at (919)-807-6300, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this determination, please feel free to contact Mae Haupt at (919) 807-6476. Sincerely, k",-Karen Higgins, Supervisor 401 & Buffer Permitting Branch KAI IIMH Attachments: Initialed Soil Survey and Aerial Map cc: Danny Smith, Raleigh Regional Office DWR File Copy Cara Conder, (RES), EBX-Neuse I, LLC (via electronic mail) fT� T' NoA Tn AMS Am G Ra Am IB 09RA t m t A AFMH _ Legend Proposed Easement Basemap Source: Esri World Imagery Figure 3. 1 �(� NRGS Map Uzzle Mitigation Site 17 0 350 700 res 1 in. = 700 ft. Feet Figure 2. Current Conditions Map Uale Mitigation Site I .'res 0 350 700 Feet 1 in. = 700 ft. e�r� r, ' -� t r� �_ � • �'•• Vim. LJ•.� \ �� 4, 1 i • l�,� it •j•.��a A Ls •�' ��, .s , 4wt t �� - \ � � r ' • 1.�-_��. 4 r F ,� 1 'r 'Nt pk � 16 ! Al Cin � � � f ., �T -- � � _' •� �•+ / --• -� �� 14 ry/ • �f �� ! 11 .. z rd J ,4.if � • T o !='M}� � , - f � ,, fir; • -, � `� 4-'+ � �� Legend Uzzle Site Drainage Area (1,354 Ac.) �. /�ytn Proposed Uzzle Site Easement 26 Ac. ^. f Q P ) Sourct: Wilsons Mills Quadrangle �_w�...V�:�.•afw Jt i�� Figure 1. USGS Map �rti�s[�r ��✓I �rlw�Uzzle Mitigation Site 0 11000 2,000 4,000 res:, rte' Water Resources ENVIRONMENTAL QUALITY DATE STAMP HERE a @ LS tJ V C� PAT MCCRORY [ D Governor DEC 2 2 2016 DONALD R. VAN DER VAART -WATT= IJESOURC S Secretary R FF RPERMI IN S. JAY ZIMMERMAN Director DWR Use Only: Project # .01(0— Stream 0(0— Stream Origin/Buffer Applicability Determination for Potential Mitigation Sites 3. MITIGATION PROVIDER OR CONSULTANT Required Information 1. LAND OWNER INFORMATION 3b. Mailing address 1a. Name(s) on Recorded Deed George C. Uzzle III and Linda Uzzle 1b. Mailing Address PO Box 101, Wilson Mills, NC 27593 1c. Telephone Number nla 1d. Email Address: nIa 2. Has DWR visited the site before? Y I N NO Staff Name: Date Visited: 3. MITIGATION PROVIDER OR CONSULTANT 3a. Individual Name Cara Conder Company: EBX-Neuse I, LLC 3b. Mailing address 302 Jefferson Street, Suite 110, Raleigh, NC 27605 3c. Telephone no. 919-209-1052 3d. Email address: cconder@res.us 3e. Do you have permission to be on this property? Y 1 N YES 4. PROJECT & SITE INFORMATION 4a. Name of project Uzzle Mitigation Site 4b. County: Johnston 4c. Nearest Named Stream Little Poplar Creek 4d. River Basin: Neuse 4e. Do you have permission to be on this property? Y 1 N YES 5f. Physical property address/nearest intersection: Longitude: -78.393553 150 Meta Drive, Clayton, NC Latitude: 35.585186 Is this stream calif rthe purpos of: B�1F�/EyR MITIGATION x and/or NUTRIENT OFFSET— BMx fl.. Please attach a map of the site indic ting project boundaries on the USGS 1:24,000 Topo and NRCS Soil Survey. Please include a site aerial labeling all of the features needing a determination Please return form to: Katie Merritt 1617 Mail Service Center Raleigh, NC 27699-1617 Email: Katie.Merritt@ncdenr.gov Please contact the Central Office at (919) 807-6371 if you have any questions. State of North Carolina I Environmental Quality I Water Resources 1617 Mail service Center I Raleigh, North Carolina 27699-1617 919 807 6300 'United States Department of the Interior FISH AND WILDLIFE SERVICE, Raleigh ES Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 .July 121.2018 Bob White Resource Environmental Solutions, LC 302 Jefferson Street, Suite 110 Raleigh, NC 2760 Re: Uzzle Stream Mitigation — Johnston County, NC Dear Mr. White: This letter is to inform you that the Service has established an on-li.n% project planning and consultation process which assists developers and consultants in determining whether a federally -listed species or designated critical. habitat may be affected by a proposed project. For fiture projects; please visit the Raleigh -Field Offic;e`s project planning ,��ebsite at haps:%!iti v;:f�Ns: ori/rzcl�i hita .l_t�n . If you are only searching fora list of species that may be present in the project's Action Area., then yoit may use the Service's Information, Platuaing, and Consultation System (IPaC) website to detennine if any listed, proposed, or candidate species may be present in the Action Area and generate a species list. The IPaC website may be viewed at ht_ tps://ecos.fws.Lov/i ac/. The IPaC web site contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal .species of concern' that are known to occur in each county in North Carolina, and other resources. ,a. t . t , .... • _ i tet,: ; :+ a k r JeCla()Tl 7 (31 the Act ieCjl iris that iii' 1GLi rC!.i agt ii:rii or tlicir &isi i.C"cd nkon rk. cdcrw representative), in consultation with the Service, insure that any action federally authorized., funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and. in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species 'list, information on the Species' life histories anal habitats and information on completing a biological assessment or t .The term "federal species of concern." refers to those speer-? which the Service believes rnight be in need of concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the spacies will cventaallybe pmposed for listing as a federally endangeivil or threatener; species. However, we recommend that all practicable ineasur(:s be takers To avoid or minirnize adverse irnf:acts to federal species ofconcern. evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes. If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. With regard to the above -referenced project, we offer the following remarks. Our comments are submitted pursuant to, and in accordance with,, provisions of the Endangered Species Act. Based on the information provided and other information a\ailable. it appears that the proposed action is not likely to ad\ ersely affect any federally -listed endangered or threatcned species. their formally designated critical habitat. or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently 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. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down -gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Coni nission has developed a Guidance Memorandum (a copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. I We recommend that you consider this document in the development of your projects and in completing an initiation package for consultation (if necessary). We hope you find our web page useful and informative and that following the process described above will reduce the time required, and eliminate the need, for general correspondence for species' lists. If you have any questions or comments, please contact Emily Wells of this office at (919) 856-4520 ext. 25. Sincerely, �( Pete n'amin Field Supervisor North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Pat McCrory Office of Archives and History Secretary Susan Maltz Deputy Secretary Kevin Cherry November 28, 2016 John Thomas Raleigh Regulatory Field Office 3331 Heritage Trade Street, Suite 105 Wake Forest, NC 27587 Re: Add Uzzle Mitigation Site to the New -Con Umbrella Mitigation Bank, SAW 2016-01973, Johnston County, ER 16-2082 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.reviewkncdcr.eov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona M. Bartos v Location -109 East Jones Street, Raleigh NC 2760 I Mailing Address: 4617 Mail Service Center, Raleigh NC 27699A617 Telephone/Rax:(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 Annendix D. Existing Conditions Photos (4/10/2018) Top of project on Reach LP 1. Looking downstream along Reach LPI. 04/10/2018 04/10/2018 Looking downstream at overflow channel on LPI Looking downstream along Reach LP2. left bank. 04/10/2018 04/10/2018 `a — a-, Looking upstream towards pipeline easement Looking downstream along Reach LP4. along Reach LP3. 04/10/2018 04/10/2018