20181097 Ver 2_BPDP for PN_20200904

ID# * 20181097 Version* 2
Select Reviewer:*
Initial Review Completed Date 05/0912020
Mitigation Project Submittal - 6/8l2O2O
Is this a Prospectus, Technical Proposal or a New Site?" r Yes r No
Type of Mitigation Project:
r Stream I! Wetlands Iql Buffer r Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name:* Email Address:*
Katie Webber [e-mail]
Project Information
ID#:* 20181097 Version:*2
Existing M Existing Version
Project Type: r" ❑MS r Mitigation Bank
Project Name: Dogtown Mitigation Project
County: Catawba
Document Information
Mitigation Document Type:
Miligation Plans
File Upload: ❑ogtown BPUP Final.pdf 93-04MB
Please upload only one PCF of the complete file lhat needs to be submitted...
Signature
Print Name:* Katie Webber
Signature:
/1-'.4 Tft-F-Fnl W-FJI'F�-

MEMORANDUM fires
3600 Glenwood Avenue, Suite 100 Raleigh, North Carolina 27612 919.209.1052 tel. [phone] fax
TO: NCDWR — Katie Merritt
FROM: Katie Webber — RES
Brad Breslow — RES
DATE: Jane 8, 2020
RE: Response to Dogtown Suffer Mitigation Project
NCDWR Project 42018-1097 ►+2
SECTION 1: INTRODUCTION
1) to riparian buffers along the Catawba mainstem below Lake James and along the mainstem lakes From and
including Lake James to the NC & 5C border in the Catawba River Basin per 15A NCAC 02B .0295 (1)(1).
This has been revised.
2) The Bank Parcel is located within the
This has been revised.
3) and buffer impacts in accordance with 15A NCAC 02B .0295 (1)(1)
This has been revised.
4) add driving directions to get to site. use a known access easement location
This has been added.
5) and adjacent riparian areas
This has been revised.
b) Stream
This has been revised.
7) Site
This has been revised.
8) mitigated stream banks
This has been revised.
9) and
This has been revised.
10) riparian area
This has been revised.
11) and landward
This has been revised.
12) stream
This has been revised.

SECTION 2: PROJECT AREA EXISTING RIPARIAN CONDITIONS
13)forested
This has been revised.
14) and trees
This has been revised.
15)forested
This has been revised.
SECTION 3: RIPARIAN RESTORATION AND PRESERVATION PLAN
16) if current land uses include active cattle grazing, then why isn't EBx proposing fence installation around the
Bank Parcel?
EBx is not proposing fence installation, and therefore we are not seeking enhancement credit. The future Iand
use of the site is not known; however, cattle will be removed from the site before construction begins. If future
land use of the site will include cattle grazing, fencing will be installed under landowner agreements with the
land users.
17) When looking at the figures provided, it appears there may be 3 features conveying non -diffused flow through
the proposed Bank Parcel. Wf is one of these features. is Wf a ditch? if so, how is diffused flow going to be
maintained though the riparian restoration along Dt4?
One feature, Wf, is a Iinear wetland and not a ditch. It is delineated in the Preliminary ID. A statement has been
added to this section stating that "diffused flow will be maintained onsite to the maximum extent practicable"
as per the MBI. The other two Features that were flagged in the review as potential ditches are tree/fence lines
and do not contain any ditch features.
18) please reference your planting plan sheets P1 & P2 that are included in the Appendix.
This has been revised.
19) Add the pond design plan sheets from the Stream Plan to the Appendix and reference those sheets here. I need
confirmation that stream restoration is proposed within the pond bottoms to approve for buffer credits.
These have been added and referenced.
20) vernal pools, unless planted, have been excluded from the ft2 of buffer credit areas. Please acknowledge this in
the text of this section, and note that they will be addressed in the Asbuilt report and corresponding survey.
Any vernal pools that remain after construction will be planted and treated like the rest of the project for
monitoring. This section has been updated.
21) a lot of areas noted in the Viability letter as being Enhancement via cattle exclusion, are being proposed as
Preservation instead. Is this because RES is not installing fencing? explain.
RES is not installing fencing and therefore not pursuing enhancement credit.
22) Add reference to P1 & P2 to this section.
This has been added.
23) Explain why fencing isn't necessary on this BP, considering it is stated that cattle access to streams is actively
ongoing.
The future land use of the site is not known; however, cattle will be removed from the site before construction
begins. if future land use of the site will include cattle grazing, fencing will be installed under landowner
agreements with the land users.
NX01 0 W 0MV31i!11►DIF.11i.M liII MA 00111 I
24) Remove: "Financial assurances structured to provide funds to the DWR in the event of default by the Bank
Sponsor are not acceptable."
This has been revised.

SECTION 6: MITIGATION POTENTIAL
25) Stream
This has been revised.
26) Als❑
This has been revised.
27) Remove "River Basin"
This has been revised.
28) this paragraph doesn't match the totals in Table 5 or Figure 4.
This has been revised.
29) One
This has been revised.
30) To
This has been revised.
31) Riparian Buffer
This has been revised.
32) since this Plan was submitted after november 2019, DWR prefers the Bank Sponsor use the asset table
template provided in the memo from DWR on November 21, 2019 if at all possible. For Feature Name column,
you can combine multiple stream names onto one row where applicable. If Sponsor prefers Table 5 instead,
there are edits necessary
RES has updated the asset table as per the DWR memo.
33) provide the widths here. are they all 0-50"?
This edit was not needed because we changed the table format altogether.
FIGURE 1
34) the service area for buffer mitigation credits from this Bank is shown incorrectly. The bank can only provide
buffer mitigation as per 15A NCAC 02B .0295 (1)(1). Edit map to comply with rule.
Based on a conversation via email in April 2020, RES and DWR have mutually agreed to keep this figure as is,
35) for Riparian Buffer Credits
This has been revised.
FIGURE 11A
36) is this a ditch? if so, address diffused flow concerns. You can propose to use the clarification memo if that is
preferred.
The feature is Wf, a linear wetland, and not a ditch. It is delineated in the Preliminary JD. We will not have
concentrated flow within our easement.
FIGURE 11B
37) is this a ditch? if so, address diffused flow concerns. You can propose to use the clarification memo if that is
preferred
This is not a ditch, This is a fence line tree line.
38) is this a ditch? if so, address diffused flow concerns. You can propose to use the clarification memo if that is
preferred
This is not a ditch. This is a fence line tree line.

FINAL BANK PARCEL DEVELOPMENT PLAN
Dogtown Mitigation Site
Catawba County, North Carolina
USAGE Action ID SAW-2017-00608
Catawba River Basin
HUC 03050101
Prepared By:
pres
Bank Sponsor: Environmental Bane and Exchange, LLC
302 Jefferson Street, Suite I lD
Raleigh, NC 27605
919-829-9909
June 2020

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....................................................................................................7
2.7 Federal Emergency Management Agency (FEMA) Floodplain/Floodway Mapping...............................7
3 RIPARIAN RESTORATION AND PRESERVATION PLAN...................................................................7
3.1 Parcel Preparation......................................................................................................................................7
3.2 Riparian Restoration Activities..................................................................................................................8
3.3 Riparian Preservation Activities................................................................................................................8
3.4 Planting Plan..............................................................................................................................................9
3.5 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 REFERENCES...............................................................................................................................................14
APPENDICES
Appendix A — Supporting Figures
Figure 1. Service Area
Figure 2. Project Vicinity
Figure 3. Existing Conditions
Figure 4. Conceptual Design Plan for Riparian Buffer Bank
Figure 5. Conceptual Design Plan for Stream Mitigation
Figure 6. Buffer Zones
Figure 7. USGS Quadrangle
Figure 8. Current Mapped Soils and Catawba County Soil Survey Imagery
Figure 9. National Wetlands Inventory
Figure 10. National Flood Hazard Layer
Figure 1 la. Monitoring Plan — South
Figure 1 lb. Monitoring Plan — North
Sheets P 1 and P2 — Dogtown Planting Plan
Sheets S1, S2, and S3 — Pond Bottom Design Plan
Appendix B — Correspondence
Appendix C — Site EDR Data
Appendix D — Conservation Easement and Plat
Appendix E — Existing Conditions Photos (October 7, 2019)
Appendix F — Preliminary Jurisdictional Determination
Dogtown Bank Parcel Development Plan ii June 2020

INTRODUCTION
Environmental Banc and Exchange, LLC (EBX, LLC), an entity of RES, is pleased to provide this Bank Parcel
Development Plan (BPDP) for the Dogtown Riparian Buffer Mitigation Bank (Parcel). This Parcel is designed
to provide Riparian Buffer credits for unavoidable impacts to riparian buffers along the Catawba mainstem below
Lake James and along the mainstem lakes from and including Lake James to the NC & SC border in the Catawba
River Basin per 15A NCAC 02B .0295 (1)(1). The Bank Parcel is located within the United States Geological
Survey (USGS) 8-digit HUC 03050101 (Figure 1). This BPDP is in accordance with the Consolidated Buffer
Mitigation Rule 15A NCAC 02B.0295 and the RES Dogtown Mitigation Banking Instrument for Riparian Buffer
Mitigation (MBI), made and entered into by EBX, 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 the Dogtown Mitigation Site (SAW #2017-00608). The
final mitigation plan for the Dogtown Mitigation Site was submitted to the Interagency Review Team (IRT) in
November 2019 and is under review. The Dogtown Mitigation Site is proposed to provide 11,234 linear feet of
stream restoration, enhancement and preservation within the conservation easement through a separate
mitigation banking instrument with the IRT.
1.1 Parcel Location
The Parcel is located in Catawba County, approximately four miles north of Conover. The Project lies within
the Catawba River Basin, North Carolina Department of Water Resources (NCDWR) sub -basin 03-08-32 and
United States Geological Survey (USGS) 14-digit hydrologic unit code (HUC) 03050101140010 (Lyle Creek
watershed, a Target Local Watershed) (Figure 2). The Project is being designed to help meet compensatory
mitigation requirements for stream impacts in the HUC 03050101 and buffer impacts in accordance with 15A
NCAC 02B .0295 (1)(1).
The Project is accessible from C and B Farm Road and Swinging Bridge Road. Coordinates for the Project areas
are as follow: northern portion (35.763832,-81.185640); southern portion (35.755092,-81.191085). From
downtown Conover, take W 1" Street, then turn left on 1" Avenue N, go north on NC-16 N and then turn left
onto C and B Farm Rd. This will take you to an access to the easement through the pasture.
1.2 Parcel Overview
The Project is being proposed to restore, enhance, and preserve stream and wetland complexes — with their
riparian buffers and adjacent riparian areas — and their functions and values to compensate, in appropriate
circumstances, for unavoidable riparian buffer impacts. When combining the Dogtown Stream Mitigation Site
with the Dogtown Buffer Mitigation Site, the conservation easement will total approximately 59.13 acres and is
comprised of two easement locations along Bakers Creek and seven of its unnamed tributaries. Bakers Creek
drains to Lyle Creek, a direct tributary to the Catawba River. All streams on -site are non -subject to the buffer
rules. The Project easements are connected by an independent established conservation easement for a water
quality improvement site that protects 1,215 linear feet (LF) of Bakers Creek. While each site has been developed
independently of the other, the combined easements will result in greater continuity of protected corridors along
the main stem of Bakers Creek. The Parcel is located in an area dominated by agriculture and forest with some
low -density residential areas (Figure 3). Current land use within the project includes active cattle pasture land,
Dogtown Bank Parcel Development Plan 1 June 2020

hay fields, farm ponds, and disturbed riparian forest communities. Cattle have full access to portions or the entire
reaches of DT1-A, DTI-B, DT2, DT3-A, Bakers Creek, S1, and S2. Current land use has resulted in degraded
water quality and unstable channel characteristics throughout the project area.
Bakers Creek is the main hydrologic feature in the Project. There are also seven unnamed tributaries and six
wetland areas included in the Project (Figure 3). The eight tributaries on the project site are referred to as S1,
S2, S3, DTI, DT2, DT3, DT4, and Bakers Creek. Stream identifications and buffer viability determinations
were verified by the DWR site visits on June 1, 2016, and April 12, 2017. Correspondence regarding these
determinations is in Appendix B.
Under the Dogtown Buffer Bank, proposed activities involve restoring and preserving riparian buffer areas
adjacent to mitigated streams onsite (Figure 4). Riparian Buffer credit generation zones 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 both wetland
credit and DWR buffer credit). Under this BPDP, the Project will generate Riparian Buffer credit within two
dedicated zones from the edge of the mitigated stream banks: the 0 to 50-foot-wide zone of riparian area
perpendicular and landward; and the 151-200-foot-wide zone of riparian area perpendicular and landward from
the top of the bank. The zone 51-150 feet from the top of bank will be claimed for additional stream credit in the
Dogtown Stream Mitigation Site (Figure 5) and is not double -counted under this program. There will be no
overlap in the Riparian Buffer bank credit areas and buffer areas dedicated for additional stream credit generation
(Figure 6).
The bank parcel will be placed under a 61.04-acre permanent conservation easement. Within the easement, 14.25
acres will be restored for riparian buffer credit, including 1.47 acres of existing pond bottom footprint.
Additionally, 15.25 acres will be preserved. 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". As the total area of buffer restoration accounts for 14.25 acres, the total credits that could be
generated from the preservation area will not exceed 4.75 acres.
2 PROJECT AREA — EXISTING CONDITIONS
2.1 Physiography
The Project is located in the Northern Inner Piedmont Level IV ecoregion, which is characterized by lower
elevations, less relief, and less precipitation than the Southern Inner Piedmont (Griffith et at. 2002). Elevations
within the Piedmont physiographic region range from 300 to 1,500 feet above mean sea level; while elevations
through the project watershed range from 860 to 1,060 feet. Project reaches transition from moderately confined
valleys with slopes above 1.5% to broad, alluvial floodplains with slopes less than 0.5%.
The Project reaches are characterized by increased sediment loads, largely attributed to impaired buffers and
agricultural impacts. Channel substrates are dominated by coarse sand and gravel with localized boulder/bedrock
outcrops. As the project reaches transitions to broader alluvial floodplains near Bakers Creek, bed materials
become finer and the sediment loads increase as livestock access and agricultural practices become more
significant within riparian areas.
Baker's Creek is a Class C waterway. Class C waterways are protected for uses such as, "secondary recreation,
fishing, wildlife, fish consumption, aquatic life including propagation, survival and maintenance of biological
Dogtown Bank Parcel Development Plan 2 June 2020

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"
(NCDWQ 2019).
2.2 Soils
The current Sol] Survey for the site shows ten soil map units across the project. Protect soil leap units include
Clifford Sandy Loam, Fairview Clay Loam, Tomlin Loam, Tomlin CIay Loam, Dan River Loam, and Codorus
Loans (Table l; Figure 8). The most -recently published Catawba County Soil Survey is also included in Figure
8 for reference.
Table 1. Mapped Soil Units within Project Limits
)lap
Unit
Map Unit Namt
Hydric
Components
Drainage
class
llydrologic
Soil Croup
Landscape
Setting
S�inbol
CB
Clifford sandy loam. 2 to 6 percent slopes
within Unit
0010
Well Drained
A
Piedmont uplands
C:fD
Clifford sandy loam, 10 to 15 percent slopes
0411/u
Well Drained
A
Piedmont uplands
Cvdorus loam, n to 2 percent slopes,
Somewhat
CsA
frequently flooded
5%
Poorly
BID
Level floodplains
Drained
DaA
Dan River loam, 0 to 2 percent slopes,
59•u
Well Drained
C
Piedmont valleys
frequently flooded
FdE2
Fairview clay loam, 10 to 25 percent slopes,
0%
Well Drained
B
Piedmont uplands
madcrately eroded
FaE3
Fairview clay loam, 10 to 25 percent slopes,
0%
Well Drained
B
Piedmont uplands
severely eroded
TmB
Tomlin loam. 2 to 6 percent slopes
4701110
Well Drained
B
Piedmont uplands
TmC
Tomlin loam, 6 to 10 percent slopes
0%
WeiI Drained
B
Piedmont uplands
TtnD
Tomlin loam, 10 to 15 percent slopes
0%
Well Drained
B
Piedmont uplands
ToC2
Tomlin clay loam. 6 to 10 percent slopes,
0%
Well drained
B
Piedmont uplands
moderately eroded
2.3 Existing Riparian Conditions
Current land use around the project area is primarily active pasture, scattered hay crop fields, and disturbed
riparian forest, with three agricultural ponds located in the project area. Vegetation around the ponds and the
unbuffered stream reaches is primarily composed of herbaceous vegetation and scattered trees. The site viability
letter from DWR in Appendix B provides details on land -uses within the riparian areas on the site.
Forested riparian areas are primarily a narrow ten to twenty -foot Binge with common canopy species including
tulip poplar (Liriodendron tulipifera), red maple (Ater rubruan), white oak (Quercus alba), and black walnut
(Juglans nigra). Other canopy species present include black locust (Robinia pseudoacacia), American sycamore
(Platanus occidentalis), sourwood (Dxvdendron arboreu►n), and boxelder (Acer negundo). Sub -canopy species
include alder (Alnus serrelata), greenbriar (Smilax sp.), muscadine ( Vitus rotundi fnlia), and flowering dogwood
(Corpus f lorida).
Some exotic species were noted, including Chinese privet (Ligustrian sinense), Nepalese browntop
(Microstegium vin7ineum), and Japanese honeysuckle (Lonicera japonica).
Reach SI-A is in the northern project area and flows south from Swinging Bridge Road (SR 1515) through an
active pasture towards Bakers Creek. The drainage area is approximately less than 427 acres and is dominated by
agricultural land use, including non -forested cattle pasture and some forested areas. Channel buffers have been
Dogtown Bank Parcel Development Plan 3 June 2020

reduced to less than 10 feet in multiple locations along the reach and livestock have historically had direct access
to the channel. Figure 7 shows the stream drainage areas onsite.
Reach SI-B is located immediately downstream of S1A in the northern project area and flows south towards
Bakers Creek. The drainage area is approximately 427 acres and is dominated by agricultural land use, including
hay crop fields and some forested areas. Channel buffers have been reduced to less than 10 feet in multiple
locations along the reach.
Reach S2 is located along the northeastern portion of the project and flows west into Reach S 1. The total drainage
area for the reach is approximately 71 acres. S2 is divided into two reaches. The upstream section, S2-A, is an E-
type channel with buffers greater than 50 feet and no livestock access. The reach is slightly incised, with stable
vegetated banks.
The downstream section, Reach S2-13, has limited to no forested buffers and livestock have direct access to the
stream. The channel has minimal bank vegetation and no bedrock grade control was observed along this reach.
This combined with livestock impacts has produced a highly unstable stream with limited bedform diversity or
aquatic habitat.
Reach S3 is located 0.3 miles south of S2 and flows west from the project limits into Bakers Creek. The total
drainage area for the reach is approximately 132 acres and is dominated by hay crop fields. S3 is divided into two
reaches. The upstream reach, S3-A, has a vegetated buffer ranging from 0 to 30 feet -wide. The majority of channel
banks are vegetated with localized areas of instability where vegetation is lacking.
The downstream section, Reach S3-B, has limited to no forested buffers. The channel has limited bank vegetation
and no bedrock grade control was observed along the reach.
Reach DTI is comprised of a stream channel and three in -line farms ponds in active pasture that livestock
frequently use. The total drainage area for the reach is approximately 67 acres and is dominated by active pasture.
It flows east to its confluence with DT3.
Reach DT2-A and B are located in the southwestern part of the project. This reach is a headwater stream that
is recovering from past land use impacts. The lower reach of this stream is aggrading due to increased sediment
loads from upstream erosion as well as reduced transport capacity from downstream berming and ditching. The
upstream reaches of DT2 (A and B) continue to have actively eroding headcuts that produce significant sediment
loads. The drainage area for the reach is approximately 14 acres.
Reach DT3 is located in the northwestern portion of the southern project area and flows south past its confluence
with DTI and into Bakers Creek. The approximate drainage area of the reach upstream of the DT1 confluence is
480 acres, and the drainage area downstream of the confluence is 549 acres. The reach is divided into two sections
based on channel morphology. The upstream section (Reach DT3-A) has buffer widths greater than 50 feet with
Dogtown Bank Parcel Development Plan 4 June 2020

adequate vegetation and trees on channel banks and through the riparian area. The downstream portion of the
stream (Reach DT3-B), is in active cattle pasture with little to no forested buffers.
Reach DT4 is located in the southeastern part of the project. This channel flows southwest to Bakers Creek
through active cattle pasture on the right bank and a wooded buffer on the left bank. The total drainage area is
100 acres and has a land use mix of forest, medium density residential, and pasture.
Bakers Creek is a severely incised, third order, sand and gravel bed stream located in the middle of the project
and is contiguous with the water quality project conservation easement to the north. There is a thin strip of trees
on bath sides of the banks, with grazed open pasture beyond that. Cattle have access to the entire bank. The
drainage area for the reach is approximately 4,095 acres.
2.4 Wetlands
The United States Fish and Wildlife Service (USFWS) National Wetland Inventory Map (NWI) does not depict
any additional wetlands in the project area apart from the three farm ponds (Figure 9). A survey of existing
wetlands was performed in October 2016 and February 2017. Wetland boundaries were delineated using current
methodology outlined in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual (Environmental
Laboratory 1987). Soils were characterized and classified using the Field Indicators ofHydric Soils in the United
States, Version 7.0 (USDA-NRCS 2010). Within the boundaries of the proposed Project, six jurisdictional
wetlands are present (Table 2; Figure 3). Wetland A (WA), Wetland B (WB), and Wetland C (WC) are pond
fringes around the ponds that will be drained to restore Reach DTL Wetland D (WD) is a floodplain wetland
surrounding Reach DT2. Wetland E (WE) is fed by a seep at the bottom of the dam where Reach DT 1-B will be
located. And Wetland F (WF) is a linear wetland located in an old channel that connects to Reach DT4.
Table 2. Existing Wetland Resources Summary at Dogtown Mitigation Site
Site
Number
WA
Laiitudc
(decimal
degrees)
35,753975
Longitude
(decimal
degrees)
-81.193854
Est amount
ofaquatic
resource
review
0.11
Type
in
area
acres
of aquatic
(ic_ welland vs. non-
wetland waters)
Cowardin Class*
wetland-P.EM
Geograph ic authority to
which flie aquatic resource
1.niav be" subJect
Non -Section 10
WB
35.753581
-81.193063
0.13
acres
wetland-PEM
Non -Section 10
WC
35.753449
-81.191933
0.05
acres
wetland-PEM
Nan -Section 10
WD
35.752913
-81.192854
0.24
acres
wetland-PFQ
Non -Section 10
WE
35,753035
-81.189952
0.06
acres
wetland-PF0
Non -Section 10
WF
35.752209
-81.186382
0.39
acres
wetland-PSS
Non -Section 10
Total
0.98
acres
* Classification is based upon current conditions.
Common vegetation within the wetland areas consists of red maple, tag alder, common rush (Juncus e�ffusus),
pickerelweed (Pontederia cordata), and Nepalese browntop (Microstegitan vimineum). Outside of the easement
and wetland areas, cattle are actively managed for, and fescue is the dominant forage,
A preliminary jurisdictional determination (PJD) request was sent to the USAGE on February 27, 2017 and a
final PJD was received on May 24, 2017 (SAW-2017-00636) (Appendix F).
2.5 Threatened and Endangered Species
Plants and animals with a federal classification of endangered or threatened are protected under provisions of
Sections 7 and 9 of the Endangered Species Act of 1973, as amended. The USFWS database, accessed September
Dogtown Bank Parcel Development Plan 5 June 2020

20, 2018, lists three Federally listed species that may occur in proximity to the Project: Schweinitz's sunflower
(Helianthus schweinitzii), dwarf -flowered heartleaf (Hexastvlis ran flora), and Northern long-eared bat (A�votis
septentrionalis). The Bald eagle (Haliaeetus leercocephalus) is protected under the Bald and Golden Eagle
Protection Act (BGPA) and prohibits take of bald and golden eagles. No protected species or potential habitat
for protected species was observed during preliminary site evaluations. A summary of federally -protected
species in Catawba County is included in Table 3.
Table 3. Federally Protected Species in Catawba County
BGPA = Bald and Golden Eagle Protection Act, E = Endangered, T = Threatened
Schweinitz's sunflower occurs in full to partial sun, in areas with poor soils, and many of the remaining
populations occur along roadsides. Dwarf flowered heartleaf is a low -growing evergreen perennial plant that
grows in acidic soils along bluffs and adjacent slopes, in boggy areas next to streams and creek heads, and along
the slopes of nearby hillsides and ravines. Due to possible habitat for these species, RES ecologists conducted a
detailed survey within the Site boundaries for these two species on April 12, 2017. Suitable habitat for both
species were surveyed within the project area, but no individuals were observed. Another survey was conducted
during the Schweinitz's sunflower optimal survey window on October 7, 20I9, and no specimens were found.
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 were mapped within one mile of the
project site. Results from NHP indicate that there are no known occurrences of state threatened or endangered
species within a one -mile radius of the project area. Since no individuals were observed and no known
populations are present within one mile of the project, a biological conclusion of "No Effect" has been assigned
for these two species.
Formal USFWS consultation for the Northern long-eared bat (NLEB) is not required for this site since it is
entirely located outside of the confirmed hibernation acid maternity site for the species. Therefore, this Project
has met the criteria for the 4(d) rule, and any associated take is therefore exempt. Furthermore, the USFWS
encourages tree removal outside the pup season (Jane I to July 31 ) and/or active season (April 1 to October 31)
to reduce the chance of impacting unidentified maternity roosts; and to avoid clearing habitat within a five -mile
radius of hibernation sites when bats are emerging from or preparing for hibernation (April 1 to May 15 and
August 15 to November 14, respectively). In order to support a review of this project, RES performed a
determination within the USFWS Information for Planning and Consultation (1PaQ system that allows RES to
rely on the Programmatic Biological Opinion for the NLEB. Based on that determination, activities are
authorized with respect to the NLEB. This letter is included in Appendix B.
The Fish and Wildlife Coordination Act requires consultation with state fish and wildlife agencies when "waters
of any stream or other body of water are proposed or authorized, permitted or licensed to be impounded,
diverted... or otherwise controlled or modified." The ]North Carolina Wildlife Resource Commission (NCWRC)
did not provide any comments regarding the USACE Public Notice, issued on March 24, 2017 (Appendix B).
Dogtown Bank Parcel. Development Plan 6 June 2020

2.6 Environmental and Cultural Constraints
A review of North Carolina State Historic Preservation Office (SHPO) GIS Web Service (accessed September
20, 2018) database did not reveal any listed or potentially eligible historic or archeological resources on the
proposed Project property. There are no documented structures on adjacent parcel of land. There are no
anticipated impacts from Project activities to state surveyed properties as there are none in the proposed project
vicinity, which SHPO confirmed on April 13, 3017. Correspondence is provided in Appendix B.
2.7 Federal Emergency Management Agency (FEMA) Floodplain/Floodway Mapping
Multiple Project reaches are located within the FEMA 100-year flood zone (Zone AE, one percent annual chance
of flooding) and the FEMA Floodway (Figure 10). No grading is proposed within the FEMA Floodway;
therefore, no FEMA permits will be required for the Project. A Floodplain Development Permit will be obtained
from the Catawba County Floodplain Administrator prior to project construction. No hydrologic trespass will
be permitted to adjacent properties upstream or downstream of the project. The Project can be found on Flood
Insurance Rate Map (FIRM) Panel 3753 (map number 3710375300J) and Panel 3754 (map number
3710375400J), effective date September 5, 2007.
3 RIPARIAN RESTORATION AND PRESERVATION PLAN
The goal of the Project is to restore ecological function to the existing streams 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 Catawba River Basin, 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 proposed for buffer restoration and preservation are primarily composed of active
cattle grazing and agricultural hay production; the site also contains areas of forested cover.
Riparian restoration and preservation proposed under this BPDP are shown in Figure 4, and were approved by
the DWR in their letters dated June 16, 2016, April 18, 2017, and April 21, 2017 attached in Appendix B.
Enhancement credit was also approved for designated areas of the site; however, it is not being sought because
fencing will not be installed as part of this plan. All riparian restoration and preservation buffer mitigation
activities along channels will occur within two dedicated zones from the edge of the bank: the zero to 50-foot-
wide zone of buffer perpendicular from the top of bank; and the 151 to 200-foot-wide zone of buffer perpendicular
from the top of the bank. The zone 51 to 150 feet from the top of bank will be claimed for additional stream credit
in the Dogtown Mitigation Site. There will be no overlap in the Riparian Buffer bank credit areas and buffer
areas dedicated for additional stream credit generation (Figure 6).
Before beginning construction, RES will ensure that permitting scenarios are completed. RES will obtain Clean
Water Act (CWA) Section 404 and 401 approval, a North Carolina Department of Environmental Quality
Erosion and Sediment Control permit, and a FEMA Floodplain Development permit before beginning
construction.
3.1 Parcel Preparation
Preparation within the Parcel will involve treatment for exotic invasive species, contoured ripping, and seeding
and planting. Stabilization and implementation of dispersal techniques will be utilized where surface flows have
Dogtown Bank Parcel Development Plan 7 June 2020

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. There are no ditches on -site, and diffused flow will be maintained to the maximum
extent practicable across the site. 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. Any topsoil that
is removed during construction will be stockpiled and reserved for final site soil preparation. After construction
activities, the subsoil will be scarified, and any compaction will be deep tilled before the topsoil is placed back
over the site. 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
will be planted according to the planting plan (Sheet P1 & P2).
All riparian restoration 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 Bakers Creek, DTI and three ponds within the existing DTI footprint, DT2,
DT3, DT4, S1, S2, and S3 in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC
02B.0295(o)(3) (Figure 4; Sheets S1, S2, and S3). Stream Restoration will address existing impairments
including floodplain dislocation, bank erosion, nutrient input, and buffer degradation. Proposed stream treatment
activities may range from minor bank grading and planting to re-establishing stable planform and hydraulic
geometry. For reaches requiring full restoration, natural design concepts have been applied and verified through
rigorous engineering analyses and modeling. Any abandoned channels will be filled with the excess fill material
from the dam removal associated with the Stream Mitigation site; however, shallow vernal pool features may be
left to provide habitat and groundwater recharge. Any vernal pools that are left on -site will be planted in the
same manner as the rest of the riparian buffer. Vernal pools must be planted in order to receive buffer credit, and
will be addressed in As -built report and corresponding survey. The ponds will be drained, and the site will be
allowed to rest for an extended period (six months to a year) before being planted with bare root tree stems.
Within the easement, riparian restoration areas will be planted from top of bank back at least 50 feet, to a
maximum of 200 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. As previously described, zones dedicated to additional stream credit generation
will not generate any Riparian Buffer credit.
3.3 Riparian Preservation Activities
Buffer preservation is proposed along Bakers Creek, DT 1 and along the current buffer of the existing three ponds
along DTI, DT2, DT3, DT4, S1, S2, and S3 in accordance with the Consolidated Buffer Mitigation Rule 15A
NCAC 02B.0295(o)(4) (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.
Dogtown Bank Parcel Development Plan 8 June 2020

3.4 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
four 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 steins. 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. Piedmont Alluvial Forest will be the target community type for the
project (Schafale, 2012). The initial. planting of bare root trees will occur between November 2020 and March
2021, or during stream restoration work, whichever comes last. Tree species specified for planting on the
Dogtown Project are shown in Table 4 and Sheets P1 & P2.
Table 4. Dogtown Site Tree Planting List
Comman Name
Americansycamore
Bare Root Planting
Sewntific NamL�
Plcatanus occidentalis
Tree Species
Spacing
9x6
Unit Type
Bare Root
%) Composition
15
Willow oak
Qeaercus phellos
9x6
Bare Root
15
River birch
Betarlca rai ra
9x6
Bare Root
15
Water oak
Quercus ni ra
9x6
Bare Root
15
Tulip poplar
Liriode►rdrou tuli ilera
9x6
Bare Root
10
SugarbeEa
Celtir lrrei, atci
9x6
Bare Root
10
Swann2 chestnut oak
Querms aaaichaiavii
9x6
Bare Root
10
Northern red oak
Quercus rubra
9x6
Bare Root
10
PAF_ Piedmont Alluvial Forest
3.5 Easement Boundaries and Fencing
Fencing is not proposed for the easement limits, Any cattle being grazed on -site will be removed prior to
construction. Easement boundaries will be identified in the field to ensure clear distinction between the Parcel
and adjacent properties. Boundaries may be identified by 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 that will include the name of the long-term steward and a contact
number. Boundary markers will be installed with the contact information of the long-term steward before the
submittal of the As -Built report. 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 to
DWR.
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 2 Plat Sampling Only Version 4.2. Annual vegetation monitoring will occur each year for a minimum of
five (5) years and will be conducted during the fail season with the first year occurring at least 5 months from
initial planting. As part of the Stream Mitigation plan, 28 monitoring plots will be installed a minimum of 100
m' in size in the planted area (33.80 ac) and will cover at least two percent of the planted mitigation area for the
Stream Mitigation Bank. At least 22 fixed plots will he located inside the Riparian Buffer crediting areas, and at
Dogtown Bank Parcel Development Plan 9 June 2020

least one fixed plot will be placed within areas where RES is seeking additional stream credit for wider buffers.
(Figure 11). 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. Photographs will be taken at
established monitoring stations each monitoring year. Visual inspection reports and photographs will be
provided in the annual reports to ensure that buffer areas are being maintained and compliant. The measures of
vegetative success for the Parcel will be the survival of at least four native hardwood tree species, where no one
species is greater than 50% of the established stems, established at a density of at 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 conservation easement will also be performed each year to confirm:
• No encroachment has occurred;
• No invasive species in areas were invasive species were treated,
• Diffuse flow is being maintained in the conservation easement areas; and
• There has not been any cutting, clearing, filling, grading, or similar activities that would negatively
affect the functioning of the buffer.
RES will monitor the Stream Mitigation bank for a minimum of seven years, or until release by 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 Dogtown 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. If necessary, RES will
develop a species -specific control plan.
4.3 Long Term Management Plan
EBX, LLC acting as the Bank Sponsor, will record a Conservation Easement with the Catawba County Register
of Deeds' Office for this site. The Conservation Easement will be assigned to Unique Places to Save (UP2S).
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, LLC until the Bank Parcel is transferred to
UP2S. Endowment funds required to uphold the Dogtown Bank Parcel conservation easement in perpetuity shall
be negotiated prior to site transfer to the UP2S.
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
Dogtown Bank Parcel Development Plan 10 June 2020

initial monitoring phase. These activities will be conducted in accordance with the terms and conditions of the
RES Dogtown Riparian Buffer MBI made and entered into by EBX, 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. The initial performance bond will be in the amount of at least $150,000.00 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 each year's 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 Project presents 61.04 acres of permanent conservation easement in Catawba County, North Carolina. While
this easement also encompasses areas for the Dogtown Stream Mitigation Site, the purpose of the Project is also
to generate Catawba Riparian Buffer credits. A conservation easement and final recorded plat are provided in
Appendix D.
There are two dedicated Riparian Buffer credit generation zones within the overall buffer area: the first 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. The second zone begins at 151 feet and extends landward to 200 feet from the top of bank.
The zone (51 to 150 feet from top of bank) between the first and second Riparian Buffer credit generating zones
is dedicated to stream credit generation. There will be no overlap in the Riparian Buffer bank credit areas and
buffer areas dedicated for additional stream credit generation (Figure 6).
This Bank has the potential to generate approximately 590,882.933 ft2 total riparian buffer restoration credits
(63,848 ft2 will be generated from backfilling and planting within three pond footprints), and 39,848.800 ft2
of buffer preservation credits. The riparian buffer mitigation credits generated will service impacts within the
Catawba River Basin. The Sponsor will maintain one ledger to account for Riparian Buffer Restoration
credits and Riparian Buffer Preservation credits. All mitigation credit assets shall be shown on these credit
ledgers. The total potential mitigation credits that the Dogtown Bank will generate are summarized in Tables
5; Figure 4.
Dogtown Bank Parcel Development Plan 11 June 2020

Table 1. Dogtown, 2018-1097v2, Project Credits
Catawba Buffer
Project Area
N Credit Conversion Ratio (ftz/pound)
P Credit Conversion Ratio (ftt/pound)
N/A
N/A
Credit Type
Location
Subject? (enter
NO if
ephemeral or
ditch')
Feature Type
Mitigation Activity
Min -Max Buffer
Width (ft)
Feature Name
Total Area (ftz)
Total (Creditable)
Area of Buffer
Mitigation (k')
Initial Credit
Ratio (x:l)
% Full Credit
Final Credit
Ratio (x:l)
Convertible to
Riparian
Buffer?
Riparian Buffer
Credits
Convertible
to Nutrient
Offset?
Delivered
Nutrient Offset:
N (Ibs)
Delivered
Nutrient
Offset: P (Ibs)
Buffer
Rural
No
In -Line Pond
Restoration
0-50
3 Ponds (PA, PB, PC)
63,848
63,848
1
100%
1.00000
Yes
63,848.000
No
—
—
Buffer
Rural
No
I/P
Restoration
0-50
S1
107,826
107,826
1
100%
1.00000
Yes
107,826.000
No
—
—
Buffer
—
—
—
Buffer
Rural
No
I / P
Restoration
101-200
S1(151-200)
10,221
1 10,221
1
33%
1 3.03030
Yes
3,372.933
No
—
—
Buffer
—
—
—
Buffer
Rural
No
I/P
Restoration
0-50
S2
26,465
26,465
1
100%
1.00000
Yes
26,465.000
No
—
—
Buffer
Rural
No
I/P
Restoration
0-50
S3
75,836
75,836
1
100%
1.00000
Yes
75,836.000
No
—
—
Buffer
—
No
—
—
Buffer
Rural
No
I/P
Restoration
0-50
DTI
32,368
32,368
1
100%
1.00000
Yes
32,368.000
No
—
—
Buffer
—
—
—
Buffer
Rural
No
I/P
Restoration
0-50
DT2
3,294
3,294
1
100%
1.00000
Yes
3,294.000
No
—
—
Buffer
Rural
No
I/P
Restoration
0-50
DT3
92,742
92,742
1
100%
1.00000
Yes
92,742.000
No
—
—
Buffer
Rural
No
I/P
Restoration
0-50
DT4
97,361
97,361
1
100%
1.00000
Yes
97,361.000
No
—
—
Buffer
Rural
No
I/P
Restoration
0-50
Baker's Creek
87,770
87,770
1
100%
1.00000
Yes
87,770.000
No
—
—
Totals:
597,731
597,731
Enter Preservation Credits Below
Eligible for Preservation (ft):F 199,244
Credit Type
Location
Subject?
Feature Type
Mitigation Activity
Min -Max Buffer
Width (ft)
Feature Name
Total Area (sf)
Total (Creditable)
Area for Buffer
Mitigation (k)
Initial Credit
Ratio (x:1)
%Full Credit
Final Credit
Ratio (x:1)
Riparian
Buffer Credits
Rural
No
I / P
0-50
DT1, DT2, DT3,
DT4, 51, S2, S3
483,424
199,244
5
100%
5.00000
39,848.800
Rural
No
I / P
101-200
Baker's Creek, S2, DT2,
DT4, DT3
203,974
0
5
33%
—
Rural
Yes
I/P
10
—
Rural
Yes
I/P
10
—
Rural
Yes
I/P
10
—
Rural
Yes
I/P
10
—
Buffer
Preservation
Rural
Yes
I/P
10
—
Rural
Yes
I/P
10
—
Rural
Yes
I/P
10
—
Rural
Yes
I/P
10
—
Rural
Yes
I/PI
1
10
—
Preservation Area Subtotal (ft'): 199,244
Preservation as %Total Area of Buffer Mitigation: 25.0%
Ephemeral Reaches as %Total Area of Buffer Mitigation: 0.0%
1. The Randleman Lake buffer rules allow some ditches to be classified as subject according to 15A NCAC 02B .0250 (5)(a).
last updated O1/17/2020
TOTAL AREA OF BUFFER MITIGATION (TABM)
Mitigation Totals
Square Feet
Credits
Restoration:
597,731
590,882.933
Enhancement:
0
0.000
Preservation:
199,244
39,848.800
Total Riparian Buffer:
796,975
630,731.733
TOTAL NUTRIENT OFFSET MITIGATION
Mitigation Totals
Square Feet
Credits
Nutrient
Offset:
Nitrogen:
0
a.oao
Phosphorus:
o.oao

7 REFERENCES
Environmental Laboratory. (1987). "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-
87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS
Federal Emergency Management Agency (FEMA). 2007. FEMA Flood Insurance Rate Map: Panel
3710374400J. https://msc.fema.gov/portal/search. (June 2019).
FEMA. 2007. FEMA Flood Insurance Rate Map: Panel 3710375400J. https://msc.fema._gov/portal/search.
(June 2019).
FEMA. 2007. FEMA Flood Insurance Rate Map: Panel 3710375300J. https:Hmsc.fema.gov/portal/search.
(June 2019).
FEMA. 2007. FEMA Flood Insurance Rate Map: Panel 3710374300J. littps://msc.fema.gov/portal/search.
(June 2019).
Lee, M.T. et al. 2008. CVS-EEP Protocol for Recording Vegetation, All Levels of Plot Sampling. Version 4.2.
//cvs.bio.unc.edu/methods.litm. (April 2019).
North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program
(NCDNR EEP). 2007, Amended 2013. "Lower Catawba River Basin Restoration Priorities." Division
of Water Quality. bttps:Hfiles.nc.gov/ncdeg/Mitigation°/`20Services/Watershed
Planning/Catawba River Basin/RBRP_2007%20Lower°/o20CAT_032013%20Final.pdf. (April
2019).
NCDNR. 2016. "N.C. Wetland Assessment Method User Manual Version 5." N.C. Wetland Functional
Assessment Team. https:Hfiles.nc.gov/ncdeq/Water'/o20Oualily/Environmental
%20Sciences/ECO/Wetlands/NC❑/❑20WAM°/❑20User`/v2OManual❑/❑2Ov5.pdf. (June 2019)
North Carolina Department of Environmental Quality. 2019. Nutrient Sensitive Waters and Special
Watersheds. https://deg.nc.gov/about/divisions/energy-mineral-land-resources/nsw-special-watersheds.
(June 2019).
NCOAH. 2004. Rule 15A NCAC 02B.0243 — Catawba River Basin: Protection and Maintenance of Existing
Riparian Buffers. hltp:Hrel2orts.oah.state.nc.us/ncac/title%2015a°/v20-°/`20environ
mental%20quality/chapter%2002%20%20environmental❑/❑20management/subchapter°/o20b/
15a°/o20ncac°/❑2002b°/n20.0243.html. (June 2019).
NCOAH. 2015.15A NCAC 02B.0295 - Mitigation Program Requirements for the Protection and Maintenance
of Riparian Buffers. http://roorts.oah.state.nc.us/ncac.asp'?folderName=\Title°/`2015A°/a20-
°/o20Environmental%240uality\Chapter%2002%20%20Environmental%20Mana ems. (June 2019).
North Carolina Department of Natural and Cultural Resources (NCDNCR). 2019. North Carolina State
Historic Preservation Office (SHPO) GIS Web Service. http://www.b.po. nedcr.gov/. (2019).
NCDNCR. 2019. Natural Heritage Program (NHP) GIS database. https://nciihde.natureserve.org_/. (2019).
Dogtown Bank Parcel Development Plan 14 June 2020

Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Web
Soil Survey. https:llwebsoilsurvey.sc.egov.usda.gov/. (June 2019).
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 (USAGE), 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. ERDCIEL TR-10-20. Vicksburg, MS: U.S. Army Engineer Research and
Development Center.
U. S. Fish and Wildlife Service (USWFS). 2018. National Wetlands Inventory website. U.S. Department of the
Interior, Fish and Wildlife Service, Washington, D.C. http://www.fws. govlwetlands/. (April 20.19).
USFWS. 2018. National Wetlands Inventory website. U.S. Department of the Interior, Fish and Wildlife
Service, Washington, D.C. httns://www.fws.jzov/raleigh/si2ecies/cntylist/wake.htini. (April 2019),
Dogtown Sank Parcel Development Plan 15 June 2020

Appendix A — Supporting Figures
Figure 1. Service Area
Figure 2. Project Vicinity
Figure 3. Existing Conditions
Figure 4. Conceptual Design Plan for Riparian Buffer Bank
Figure 5. Conceptual Design Plan for Stream Mitigation
Figure 6. Buffer Zones
Figure 7. USGS Quadrangle
Figure 8. Current Mapped Soils and Catawba County Soil Survey Imagery
Figure 9. National Wetlands Inventory
Figure 10. National Flood Hazard Layer
Figure Ila. Monitoring Plan — South
Figure IIa. Monitoring Plan — North
Planting Plan Sheet P1 & P2
Pond Design Sheets S1 & S2

Ss Shatle
Mountain City Y
Springs
West Jefferson
Eiixabelhton b7
Johnson City T44
az,
ar
9
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726
1 ew 19f
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Le
Lr
s HIII Pisgah s er
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rville 1I+■ to
le
Bjac
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Sparta Mt Airy
Pilot Mo .
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7,
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Springs Mou G is B' � Charlotte 0 Loc
Landrum
zs Blacksburg Clover match s
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York Fort Mill'
Greer Spartanburg
a7, Rock Hill
Greenvillip
onesviile
Legend
az, sz,
Proposed Easement Pa
Union Chester zT Lancaster
Catawba River Basin
Jef
'11 Service Area - HUC 03050101 Heath Springs
Catawba River Great Falls
Catawba River Buffer WhitmirKershawe
N
Date- 512912020
Figure 1 -Service Area
w c Drawn by: GDS
8 ❑ogtown Mitigation Project
Checked by: I(AW res
0 7.5 15
Catawba County, North Carolina 1 inch = 15 miles

Dogtown
Mitigation Project
1704
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` Proposed Easement
173d
,aoa
14-Digit HUC - 03050101140010
C
Date: 512W2020
T Figure 2 - Project Vicinity
w e Drawn by: GDS
❑ogtown Mitigation Project
s s Checked 6y: MDE res
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01 s. )k Dogtown
r Mitigation Project
s * S3 Catawba County,
•L North Carolina
Y
' Date: 512912020 Drawn �y� GDS
Checked by: MDE 1 in = 60o feet
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Proposed Easement
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'� �� ��yw a * yr' o d Mitigation Project
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Established
Conservation Easement
Stream Top of Bank
ti OC. Buffer Mitigation
/ Restoration, (0-50')
M.
tee -Preservation, (0-50')
• y , * � � � -,. - ,k , Restoration, (151-200')
_ ti. % �I k �• - -Preservation, (151-200')
Existing Pond
_ Vegetation Plot Locations
�o/ k rs �-- Vegetation Plot Within
P.
% t.
* m ` a ��, Cut Line for:ak �„'� Buffer Mitigation Area
_-!
South Dogtown Vegetation Plot Outside
� r � ' % � � �.• ��.- r �. � �
of Buffer Mitigation Area
° TOTAL AREA OF BUFFER MITIGATION
f 4t M A'_
/. Sri ��ff r� • -t.. ''�.
Mitigation Approach
Square Feet
Credits
Restoration
597,731
590,882.933
Enhancement
0
0
Preservation*
199,244
39,848.800
Total Riparian Buffer
796,975
630,731.733
According to 15A NCAc 028 .0295 (o) (4) and (5), "the area of preservation credit within a buffer
mitigation site shall comprise no more than 25% of the total area of buffermitigation."Total
�• _ Preservation area on this site is 664,460 sgft, and the allowable preservation area 206,890 sgft.

DWR Riparian Buffer
Crediting Areas
1C
Non -Standard Buffer
Width Credit Areas
" For Reference Only
pres
N
E
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s
0 300 600
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Figure 6 - Buffer Zones
Dogtown
Mitigation Site
Catawba County,
North Carolina
Date: 9/4/2020 1 Drawn by: GDS
Checked by: MDE 1 1 in = 600 feet
Legend
aProposed Easement
Stream Credit for Additional
Buffer (51-150')
- Stream Top of Bank
® Ineligible Credit
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0 Restoration, (0-50')
Preservation, (0-50')
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- Preservation, (151-200')
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Drainage Area
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w - E Millersville (1973)
Drawn by: GOS res
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F Catawba County, North Carolina

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Planted Area {32.40 ao}
Vegetation Plot Locations
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Buffer Mitigation Area +,s3-$
S3 ,q
Vegetation Plot Outside of
Buffer Mitigation Area '
...& e
Approach
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Enhancement III
a -a.
g Preservation
- No Credit
� N
Date: 512912020
Figure 11 b - Monitoring Plan Map - North
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res

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pres
302 Jefferson Street, Suite 110
Raleigh,
NC 27605
Main:
919.829.9909
www.res.us
Engineering Services Provided By.
Angler Environmental, LLC
License: F-1428
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BEACH 51
PLANTING LEGEND
LIMITS OP CONSERVATION
EASEMENT
EXISTING TKEELINE
PROPERTY LINE
RIPARIAN PLANTING
T�115 SHEET: 13.32 AC
TOTAL PROJECT AREA: 33.81 AC
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Common Name
5cientific Name
Percent
Corposition
Virginia Wildrye
Flymuy virginicus
25%
Indian Grass
5orgha5trum nutan5
25%
Little Blue Stem
5chizaehyrrern 5coparwrn
1 0%
Soft Rush
Jurncu5 effu5u5
1 0%
Blackeyed 5u5an
IRudbeck+a hrrta
1 0%
Deertonyue
Dichanthelium clande5tinum
1 0%
Common Miikweed
Asclepias 5yroca
5%
Showy Goldenrod
50lydago e+ecta
5%
Live Staking and Live Cuttings Bundle Tree Species
Common Name
Scientific Name
Percent
Composition
Black willow
5ahx n+gra
40%
Eastern cottonwood
Papules deltordes
30%G
Elderberry
.5amb,vcus nigra
3001C
bare Root Planting Tree 5pecie5
Common Name
Scientific Name
Percent
Composition
American sycamore
Platana5 occldentah5
1 5%
Willow oak
Quercu5 pheRo5
1 5°%
River birch
Setufa nrgra
1 5%
Water oak
Quercu5 rngra
1 5%
Tuliptree
brradendrorr tuhpifera
I IU%
5ugarberry
Celtic laeogata
1 0%
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Quercu5 Mr chaexi+
10,70
Northern red oak
ouercu5 rubra
1 0%
PLANTING N OTE5
►M. Na1GVAIIILI lEa�:F..
l . EK05ION CONTROL MEASURES SHALL BE PROPERLY MAINTAINED UNTIL PERMANENT VEGETATION
15 E5TABL15HED AND FINAL APPROVAL HA5 BEEN 155UED. THE CONTRACTOR 5HALL IN5PFCT
EROSION CONTROL MEA5URE5 AT THE END OF EACH WORKING DAY TO ENSURE MEA5URE5 ARE
FUNCTIONING PROPERLY.
2, DISTURBED AREAS NOT AT FINAL GRADE 5HALL BE TEMPORARILY VEGETATED WITHIN 10
WORKING DAYS. UPON COMPLETION OF FINAL GRADING, PERMANENT VEGETATION SHALL BE
ESTABLISHED FOR ALL DISTURBED AREAS WITHIN 10 WORKING DAY5. SEEDING SHALL BE IN
ACCORDANCE WITH EROSION CONTROL PLAN.
3, ALL D15TURDfD AREA5 5HALL BE PREPARED PRIOR. TO PLANTING BY DISC OR SPRING -TOOTH
CH15EL PLOW TO MINfIv1UM DEPTH OF 12 INCHE5. MULTIPLE PASSES SHALL BE MADE ACK055
PLANTING AREAS WITH THE IMPLEMENT AND THE FINAL PA55 5HALL FOLLOW TOPOGRAPHIC
CONTOURS.
4, BARf ROOT PLANTINGS 5HALL BE PLANTED ACCORDING TO DETAIL SHOWN ON SHEET D2, LIVE
5TAKE5 SHALL BE PLANTED ACCORDING TO DETAIL SHOWN ON SHEET D2.
5. TREATMENT/REMOVAL OF INVASIVE 5PECIE5, FINES AND 5WEET GUMS LE55 THAN G" D5H SHALL
BE PERFORMED THROUGHOUT THE PLANTED AREA.
& 5PECIE5 5HALL BE 015TRIBUTE1) 5UCH THAT 3 TO G PLANT5 Of THE 5AME 5PECIE5 ARE
GROUPED TOGETHER.
7, BARE ROOT PLANTING DEN5ITY 15 APPROXIMATELY 800 5TEM5 PER ACRE.
8, LIVE 5TAKE5 ARE PROPO5ED ALONG THE OUT51DE OF MEANDER BEND5 AND ALONG BOTH
BANr�,5 OF STRAIGHT KEACHE5 ADJACENT TO POOLS.
9, TEMPORARY SEED MIX SHALL BE APPLIED AT A RATE OF 150 LB5/ACRE TO ALL DISTURBED AREAS
WITH 5LOPE5 EQUAL TO OR STEEPER THAN 3! 1.
I O. PERMANENT RIPARIAN SEED MIX SHALL BE APPLIED TO ALL DISTURBED AREA5 WITHIN THE
CON5ERVATION EA5EMENT AT A RATE OF 15 1-155JACRE.
PERMANENT HERB SEED MIX SHALL BE APPLIED TO ALL DISTURBED AREA5 WITHIN THE
CONSERVATION EASEMENT BREAK5 AT A RATE OF 15 L155IACRE,
REACH 53
pres
302 Jefferson Street, Suite 110
Raleigh,
INC 27605
Main:
919.829.9909
www.res.us
Engineering Services Provided By:
Angler Environmental, LLC
License: F-1428
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Appendix B — Correspondence

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Hartos, Admini5travtr
Guvemor Rai, C mper
srcrcury 5uei IL i Amifton
September 19, 2019
0ffirc ufArchives And History-
L)Tuty Secrewn• 14cvin C'hcrty
Samantha Dailey samantha.j.dailev rgusace.arm�mil
US Army Corps of Engineers, Wilmington .District
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re: Cairo Mitigation Site, ]ohnson Pend Read, Fuquay Varina, SAW-2019-01084, Wake County,
ER 19-2620
Dear Ms, Dailey:
We have received a public notice concerning the alcove -referenced project. We have reviewed the materials provided
and offer the following comments.
One preN iously recorded pre -colonial American Indian archaeological site (31 WA1842) is located within the subject
property. This site has not been assessed to determine its eligibility for listing in the National Register of Historic
Places. Site 31 WA1842 is located in the uplands west of stream reach UT1.
Ground disturbance within the subject easement areas should have no effect on site 31 WA1842. However, if access
road improvements are planned, we request engineering specifications be submitted to this office for review.
Should human remains be discovered in the vicinity of 31WA 1842 or anywhere else in the project area, the
provisions of North Carolina General Statute Chapter 70, Article 3 apply. All ground disturbing activities should
immediately cease, and the county medical examiner should be contacted.
We have determined that the project as proposed will not have an effect on any historic structures.
The above comments are made pursuant to Section t06 of the National Historic Preservation Act and the Advisor,
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-Earlev, environmental review coordinator, at 919-814-6579 or cn�ironmcntal.reviewCa),,ncdcr,gov. In
all future communication concerning this project, please cite the above referenced tracking; number.
Sincerely,
�'� a'dLa-&_U%
ka(Ramona Bartos, Deputy
L) Deputy State Historic Preservation Officer
Uwafon: 109 Eastfunes Street, Raleigh NC. 276111 Mailing Address: 4617 Al:til Service Center, Ralri�h NC 27699.461'� 7elephonc/P= {)l�1) 8D7-G57f7/807-G599

- United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
4ac61'°�r 150 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
http://www.fws.v-ov/nc-es/es/countyfr.htm]
In Reply Refer To:
Consultation Code: 04EN1000-2020-TA-0018
Event Cade: 04EN1000-2020-E-00055
Project Name: Dogtown
--
October 09, 2019
Subject: Verification letter for the'Dogtown' project under the January 5, 2016, Programmatic
Biological opinion on Final 4(d) Rule for the Northern Lang -eared Bat and Activities
Excepted from Take Prohibitions.
Dear Megan Engel:
The U.S. Fish and Wildlife Service (Service) received on October 09, 2019 your effects
determination for the 'Dogtown' (the Action) using the northern long-eared bat (Myotis
septentrionalis) key within the Information for Planning and Consultation (IPaC) system. This
IPaC key assists users in determining whether a Federal action is consistent with the activities
analyzed in the Service's January 5, 2016, Programmatic Biological Opinion (PBO). The PBO
addresses activities excepted from "take"M prohibitions applicable to the northern long-eared bat
under the Endangered Species Act of 1973 (ESA) (87 Stat.884, as amended; 16 U.S.C. 1531 et
seq.).
Based upon your IPaC submission, the Action is consistent with activities analyzed in the PBO.
The Action may affect the northern long-eared bat; however, any take that may occur as a result
of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50
CFR §17.40(o). Unless the Service advises you within 30 days of the date of this letter that your
IPaC-assisted determination was incorrect, this letter verifies that the PBo satisfies and
concludes your responsibilities for this Action under ESA Section 7(a)(2) with respect to the
northern long-eared bat.
Please report to our office any changes to the information about the Action that you submitted in
IPaC, the results of any bat surveys conducted in the Action area, and any dead, injured, or sick
northern long-eared bats that are found during Action implementation. If the Action is not
completed within one year of the date of this letter, you must update and resubmit the
information required in the IPaC key.

10/09/2019 Event Code: 04EN1000-2020-E-00055
This IPaC-assisted determination allows you to rely on the PBO for compliance with ESA
Section 7(a)(2) only for the northern long-eared bat. It does not apply to the following ESA -
protected species that also may occur in the Action area:
■ Dwarf -flowered Heartleaf, Hexastylis nani flora (Threatened)
■ Schweinitz's Sunflower, Helianthus schweinitzii (Endangered)
If the Action may affect other federally listed species besides the northern long-eared bat, a
proposed species, and/or designated critical habitat, additional consultation between you and this
Service office is required. If the Action may disturb bald or golden eagles, additional
coordination with the Service under the Bald and Golden Eagle Protection Act is recommended.
[1]Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to
attempt to engage in any such conduct [ESA Section 3(19)].

10/09/2019 Event Code: 04EN1000-2020-E-00055
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Dogtown
2. Description
The following description was provided for the project 'Dogtown':
The Dogtown Mitigation Site ("the Project") is located in Catawba County
approximately four miles north of Conover, NC. Water quality stressors currently
affecting the Project include livestock production, agricultural production,
impoundments, and lack of riparian buffer. The Project presents 11,370 linear feet
(LF) of stream restoration, enhancement, and preservation.
The Project is located in the Catawba River Basin within Cataloging Unit
03050101, Target Local Watershed (TLW) 03050101140010, and NCDWR sub -
basin 03-08-32. The current State classification for Bakers Creek is Class C
(NCDWQ 2011).
Consisting of agricultural fields, cattle pastures and disturbed wooded areas, the
Project's total easement area is approximately 59.13 acres within the overall
drainage area of 4,095 acres. The Project has two separate portions along Bakers
Creek and in between those portions is a conservation easement for a water
quality improvement site. While each site has been developed independently of
the other, the combined easements will result in greater continuity of protected
corridors along the main stem of Bakers Creek. Grazing livestock have
historically had access to all stream reaches within the Project. The lack of
riparian buffer vegetation, deep-rooted vegetation, and unstable channel
characteristics have contributed to the degradation of stream banks throughout the
Project area.
Goals for the Project include an increase to hydrologic function and restoration to
ecological function within the existing stream and riparian corridor, and protect
these features in perpetuity. These will be accomplished by returning the existing
streams into stable conditions by constructing an E/C type stream with appropriate
dimensions and pattern, reconnecting the channel to the floodplain, and
backfilling the abandoned channel. In -stream structures will be utilized for
vertical stability and to improve habitat. Buffer improvements will filter runoff
from agricultural fields, thereby reducing nutrient and sediment loads to the
channel. Livestock will be removed from the property and any future land use will
exclude livestock from the easement area. The widening and restoration of the
riparian areas will also provide wildlife corridors throughout the Project area.

10/09/2019
Event Code: 04ENIU00-2020-E-00055
Benefits to be accrued from these activities include improved water quality, and
terrestrial and aquatic habitat.
Approximate location of the project can be viewed in Google Maps: https://www.g_oogle.com/
maps/place/35.760448677590574N81.1.8340016020821 W
Determination Key Result
This Federal Action may affect the northern long-eared bat in a manner consistent with the
description of activities addressed by the Service's PBO dated January 5, 2016. Any taking that
may occur incidental to this Action is not prohibited under the final 4(d) rule at 50 CFR
§17.40(o). Therefore, the PBO satisfies your responsibilities for this Action under ESA Section
7(a)(2) relative to the northern long-eared bat.
Determination Ivey Description: Northern Long-eared Bat 4(d) Rule
This key was last updated in IPaC on May 15, 2017. Keys are subject to periodic revision.
This key is intended for actions that may affect the threatened northern long-eared bat.
The purpose of the key for Federal actions is to assist determinations as to whether proposed
actions are consistent with those analyzed in the Service's PBO dated January 5, 2016.
Federal actions that may cause prohibited take of northern long-eared bats, affect ESA -listed
species other than the northern long-eared bat, or affect any designated critical habitat, require
ESA Section 7(a)(2) consultation in addition to the use of this key. Federal actions that may
affect species proposed for listing or critical habitat proposed for designation may require a
conference under ESA Section 7(a)(4).

10/09/2019 Event Code: 04EN1000-2020-E-00055
Determination Key Result
This project may affect the threatened Northern long-eared bat; therefore, consultation with the
Service pursuant to Section 7(a)(2) of the Endangered Species Act of 1973 (87 Stat.884, as
amended; 16 U.S.C. 1531 et seq.) is required. However, based on the information you provided,
this project may rely on the Service's January 5, 2016, Programmatic Biological Opinion on
Final 4(d) Rule for the Northern Long -Eared Bat and Activities Excepted from Take Prohibitions
to fulfill its Section 7(a)(2) consultation obligation.
Qualification Interview
1. Is the action authorized, funded, or being carried out by a Federal agency?
Yes
2. Have you determined that the proposed action will have "no effect" on the northern long-
eared bat? (If you are unsure select "No")
No
3. Will your activity purposefully Take northern long-eared bats?
No
4. Is the project action area located wholly outside the White -nose Syndrome Zone?
Automatically answered
No
5. Have you contacted the appropriate agency to determine if your project is near a known
hibernaculum or maternity roost tree?
Location information for northern long-eared bat hibernacula is generally kept in state
Natural Heritage Inventory databases — the availability of this data varies state -by -state.
Many states provide online access to their data, either directly by providing maps or by
providing the opportunity to make a data request. In some cases, to protect those resources,
access to the information may be limited. A web page with links to state Natural Heritage
Inventory databases is available at www.fws.gov/midwest/endangered/mammals/nleb/
nhisites.html.
Yes
6. Will the action affect a cave or mine where northern long-eared bats are known to
hibernate (i.e., hibernaculum) or could it alter the entrance or the environment (physical or
other alteration) of a hibernaculum?
No

10/09/2019 Event Code: 04EN1000-2020-E-00055
7. Will the action involve Tree Removal?
Yes
8. Will the action only remove hazardous trees for the protection of human life or property?
No
9. Will the action remove trees within 0.25 miles of a known northern long-eared bat
hibernaculum at any time of year?
No
10. Will the action remove a known occupied northern long-eared bat maternity roost tree or
any trees within 150 feet of a known occupied maternity roost tree from June 1 through
July 31?
No

10/09/2019 Event Code: 04EN1000-2020-E-00055 7
Project Questionnaire
If the project includes forest conversion, report the appropriate acreages below.
Otherwise, type `0' in questions 1-3.
1. Estimated total acres of forest conversion:
3.0
2. If known, estimated acres of forest conversion from April 1 to October 31
0
3. If known, estimated acres of forest conversion from June 1 to July 31
3
If the project includes timber harvest, report the appropriate acreages below.
Otherwise, type `0' in questions 4-6.
4. Estimated total acres of timber harvest
0
5. If known, estimated acres of timber harvest from April 1 to October 31
0
6. If known, estimated acres of timber harvest from June 1 to July 31
0
If the project includes prescribed fire, report the appropriate acreages below.
Otherwise, type `0' in questions 7-9.
7. Estimated total acres of prescribed fire
0
8. If known, estimated acres of prescribed fire from April 1 to October 31
0
9. If known, estimated acres of prescribed fire from June 1 to July 31
0
If the project includes new wind turbines, report the megawatts of wind capacity
below. Otherwise, type Win question 10.

10/09/2019 Event Code: 04EN1000-2020-E-00055
10. What is the estimated wind capacity (in megawatts) of the new turbine(s)?

Unit9d States Department ®f the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
August 30, 2019
Samantha Dailey
U.S. Army Corps of Engineers, Wilmington District
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re: Cairo Mitigation Site / SAW-2019-01084/ Wake County
Dear Mrs. Dailey:
The U.S. Fish and Wildlife Service (Service) has reviewed the project advertised in the above
referenced Public Notice. The project, as advertised in the Public Notice, is expected to have
minimal adverse,impacts to fish and wildlife resources. Therefore, we have no objection to the
activity as'deseribed in the permit application.
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 action is 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.
For your convenience a list of all federally protected endangered and threatened species in North
Carolina is now available on our website at <http:h/wwv,f.fws.gov/ral.eigh>. Our web page contahis a
complete and updated'list of federally protected species, and alist of federal species of concern
known to occur in each county in North Carolina.
The Service appreciates the opportunity to review and provide cornments on the proposed action.
Should you have any questions regarding the project, please contact Emily Wells at [phone],
extension 25.
S' erel.y,
t.
e .e njamin,-
f; Fiel upervisor
cc: NMFS, Beaufort, NC
EPA, Atlanta, GA
WRC, Raleigh

Appendix C — Site EDR Data

Sharpe Property
5031 SWINGING BRIDGE RD
CONOVER, NC 28613
Inquiry Number- 4867566.9s
March 02, 2017
6 Armstrong Road, 4th Floor
Shelton, CT 06484
Toll Free: 800.352.0050
(rEDR, www-edmet-corn
FORM-LBO-CCA

TABLE OF CONTENTS
SECTION
PAGE
Executive Summary ES1
OverviewMap----------------------------------------------------------- 2
DetailMap-------------------------------------------------------------- 3
Map Findings Summary 4
Map Findings 8
Orphan Summary 11
Government Records Searched/Data Currency Tracking GR-1
GEOCHECK ADDENDUM
Physical Setting
Source
Addendum
A-1
Physical Setting
Source
Summary
A-2
Physical Setting
Source
Map------------------------------------------------
A-7
Physical Setting
Source
Map Findings----------------------------------------
A-8
Physical Setting
Source
Records Searched
PSGR-1
Thank you for your business.
Please contact EDR at 1-800-352-0050
with any questions or comments.
Disclaimer - Copyright and Trademark Notice
This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data
Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from
other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL
DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL
ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE,
ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY
LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings,
environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor
should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I
Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any
property. Additionally, the information provided in this Report is not to be construed as legal advice.
Copyright 2017 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole
or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission.
EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other
trademarks used herein are the property of their respective owners.
TC4867566.9s Page 1

EXECUTIVE SUMMARY
A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR).
The report was designed to assist parties seeking to meet the search requirements of EPA's Standards
and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for
Environmental Site Assessments (E 1527-13) or custom requirements developed for the evaluation of
environmental risk associated with a parcel of real estate.
TARGET PROPERTY INFORMATION
ADDRESS
5031 SWINGING BRIDGE RD
CONOVER, NC 28613
COORDINATES
Latitude (North):
Longitude (West):
Universal Tranverse Mercator:
UTM X (Meters):
UTM Y (Meters):
Elevation:
35.7627890 - 35° 45' 46.04"
81.1841630 - 81 ° 11' 2.98"
Zone 17
483351.9
3957454.8
908 ft. above sea level
USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY
Target Property Map: 5947907 MILLERSVILLE, NC
Version Date: 2013
South Map: 5947889 NEWTON, NC
Version Date: 2013
AERIAL PHOTOGRAPHY IN THIS REPORT
Portions of Photo from: 20140524
Source: USDA
TC4867566.9s EXECUTIVE SUMMARY 1

MAPPED SITES SUMMARY
Target Property Address:
5031 SWINGING BRIDGE RD
CONOVER, NC 28613
Click on Map ID to see full detail.
MAP
ID SITE NAME ADDRESS
DATABASE ACRONYMS
RELATIVE DIST (ft. & mi.)
ELEVATION DIRECTION
SIGMAN PROPERTY 4908 HIGHWAY 16 NORT LUST, IMD Higher 2344, 0.444, ENE
4867566.9s Page 2

EXECUTIVE SUMMARY
TARGET PROPERTY SEARCH RESULTS
The target property was not listed in any of the databases searched by EDR.
DATABASES WITH NO MAPPED SITES
No mapped sites were found in EDR's search of available ("reasonably ascertainable ") government
records either on the target property or within the search radius around the target property for the
following databases:
STANDARD ENVIRONMENTAL RECORDS
Federal NPL site list
NPL National Priority List
Proposed NPL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Proposed National Priority List Sites
NPL LIENS___________________ Federal Superfund Liens
Federal Delisted NPL site list
Delisted NPL National Priority List Deletions
Federal CERCLIS list
FEDERAL FACILITY ---------- Federal Facility Site Information listing
SEMS________________________ Superfund Enterprise Management System
Federal CERCLIS NFRAP site list
SEMS-ARCHIVE Superfund Enterprise Management System Archive
Federal RCRA CORRACTS facilities list
CORRACTS------------------ Corrective Action Report
Federal RCRA non-CORRACTS TSD facilities list
RCRA-TSDF----------------- RCRA - Treatment, Storage and Disposal
Federal RCRA generators list
RCRA-LQG RCRA - Large Quantity Generators
RCRA-SQG------------------ RCRA- Small Quantity Generators
RCRA-CESQG--------------- RCRA - Conditionally Exempt Small Quantity Generator
Federal institutional controls / engineering controls registries
LUCIS Land Use Control Information System
US ENG CONTROLS --------- Engineering Controls Sites List
TC4867566.9s EXECUTIVE SUMMARY 3

EXECUTIVE SUMMARY
US INST CONTROL_________ Sites with Institutional Controls
Federal ERNS list
ERNS________________________ Emergency Response Notification System
State- and tribal - equivalent NPL
NC HSDS Hazardous Substance Disposal Site
State- and tribal - equivalent CERCLIS
SHWS------------------------ Inactive Hazardous Sites Inventory
State and tribal landfill and/or solid waste disposal site lists
SWF/LF______________________ List of Solid Waste Facilities
OLI Old Landfill Inventory
State and tribal leaking storage tank lists
LAST_________________________ Leaking Aboveground Storage Tanks
INDIAN LUST________________ Leaking Underground Storage Tanks on Indian Land
LUST TRUST State Trust Fund Database
State and tribal registered storage tank lists
FEMA UST___________________ Underground Storage Tank Listing
UST__________________________ Petroleum Underground Storage Tank Database
AST AST Database
INDIAN LIST ------------------ Underground Storage Tanks on Indian Land
State and tribal institutional control / engineering control registries
INST CONTROL_ _ _ _ _ _ _ _ _ _ _ _ _. No Further Action Sites With Land Use Restrictions Monitoring
State and tribal voluntary cleanup sites
INDIAN VCP Voluntary Cleanup Priority Listing
VCP__________________________ Responsible Party Voluntary Action Sites
State and tribal Brownfields sites
BROWNFIELDS______________ Brownfields Projects Inventory
ADDITIONAL ENVIRONMENTAL RECORDS
Local Brownfield lists
US BROWNFIELDS A Listing of Brownfields Sites
Local Lists of Landfill / Solid Waste Disposal Sites
HIST LF______________________ Solid Waste Facility Listing
TC4867566.9s EXECUTIVE SUMMARY 4

EXECUTIVE SUMMARY
SWRCY______________________ Recycling Center Listing
INDIAN ODI__________________ Report on the Status of Open Dumps on Indian Lands
DEBRIS REGION 9 Torres Martinez Reservation Illegal Dump Site Locations
ODI__________________________ Open Dump Inventory
IHS OPEN DUMPS___________ Open Dumps on Indian Land
Local Lists of Hazardous waste / Contaminated Sites
US HIST CDL Delisted National Clandestine Laboratory Register
US CDL______________________ National Clandestine Laboratory Register
Local Land Records
LIENS 2______________________ CERCLA Lien Information
Records of Emergency Release Reports
HMIRS
Hazardous Materials Information Reporting System
SPILLS_______________________
Spills Incident Listing
SPILLS 90--------------------
SPILLS 90 data from FirstSearch
SPILLS 80
SPILLS 80 data from FirstSearch
Other Ascertainable Records
RCRA NonGen / NLR---------
RCRA - Non Generators / No Longer Regulated
FUDS________________________
Formerly Used Defense Sites
DOD
Department of Defense Sites
SCRD DRYCLEANERS______-
State Coalition for Remediation of Drycleaners Listing
US FIN ASSUR_______________
Financial Assurance Information
EPA WATCH LIST
EPA WATCH LIST
2020 COR ACTION_ _ _ _ _ _ _ _ _ _.
2020 Corrective Action Program List
TSCA________________________
Toxic Substances Control Act
TRIS
Toxic Chemical Release Inventory System
SSTS-------------------------
Section 7 Tracking Systems
ROD_________________________
Records Of Decision
RMP
Risk Management Plans
RAATS_______________________
RCRA Administrative Action Tracking System
PRP__________________________
Potentially Responsible Parties
PADS
PCB Activity Database System
ICIS__________________________
Integrated Compliance Information System
FTTS_________________________
FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide
Act)/TSCA (Toxic Substances Control Act)
MLTS________________________
Material Licensing Tracking System
COAL ASH DOE_ _ _ _ _ _ _ _ _ _ _ _ _ .
Steam -Electric Plant Operation Data
COAL ASH EPA
Coal Combustion Residues Surface Impoundments List
PCB TRANSFORMER________
PCB Transformer Registration Database
RADINFO____________________
Radiation Information Database
HIST FTTS
FIFRA/TSCA Tracking System Administrative Case Listing
DOT OPS____________________
Incident and Accident Data
CONSENT___________________
Superfund (CERCLA) Consent Decrees
INDIAN RESERV
Indian Reservations
FUSRAP_____________________
Formerly Utilized Sites Remedial Action Program
UMTRA______________________
Uranium Mill Tailings Sites
LEAD SMELTERS
Lead Smelter Sites
US AIRS_____________________
Aerometric Information Retrieval System Facility Subsystem
TC4867566.9s EXECUTIVE SUMMARY 5

EXECUTIVE SUMMARY
US MINES --------------------
Mines Master Index File
FINDS ------------------------
Facility Index System/Facility Registry System
UXO
Unexploded Ordnance Sites
DOCKET HWC---------------
Hazardous Waste Compliance Docket Listing
COAL ASH___________________
Coal Ash Disposal Sites
DRYCLEANERS
Drycleaning Sites
Financial Assurance_ _ _ _ _ _ _ _ _ _
Financial Assurance Information Listing
NPDES-----------------------
NPDES Facility Location Listing
UIC
Underground Injection Wells Listing
ABANDONED MINES________
Abandoned Mines
ECHO ------------------------
Enforcement & Compliance History Information
FUELS PROGRAM
EPA Fuels Program Registered Listing
EDR HIGH RISK HISTORICAL RECORDS
EDR Exclusive Records
EDR MGP____________________ EDR Proprietary Manufactured Gas Plants
EDR HistAuto ---------------- EDR Exclusive Historic Gas Stations
EDR Hist Cleaner EDR Exclusive Historic Dry Cleaners
EDR RECOVERED GOVERNMENT ARCHIVES
Exclusive Recovered Govt Archives
RGA HWS-------------------- Recovered Government Archive State Hazardous Waste Facilities List
RGA LF______________________ Recovered Government Archive Solid Waste Facilities List
RGA LUST Recovered Government Archive Leaking Underground Storage Tank
SURROUNDING SITES: SEARCH RESULTS
Surrounding sites were identified in the following databases
Elevations have been determined from the USGS Digital Elevation Model and should be evaluated on
a relative (not an absolute) basis. Relative elevation information between sites of close proximity
should be field verified. Sites with an elevation equal to or higher than the target property have been
differentiated below from sites with an elevation lower than the target property.
Page numbers and map identification numbers refer to the EDR Radius Map report where detailed
data on individual sites can be reviewed.
Sites listed in bold italics are in multiple databases.
Unmappable (orphan) sites are not considered in the foregoing analysis.
STANDARD ENVIRONMENTAL RECORDS
State and tribal leaking storage tank lists
LUST: The Leaking Underground Storage Tank Incidents Management Database contains an inventory
of reported leaking underground storage tank incidents. The data come from the Department of Environment, &
Natural Resources' Incidents by Address.
A review of the LUST list, as provided by EDR, and dated 07/29/2016 has revealed that there is 1 LUST
TC4867566.9s EXECUTIVE SUMMARY 6

EXECUTIVE SUMMARY
site within approximately 0.5 miles of the target property.
Equal/Higher Elevation Address Direction / Distance Map ID Page
SIGMAN PROPERTY 4908 HIGHWAY 16 NORT ENE 114 - 112 (0.444 mi.) 1 8
Incident Phase: Closed Out
Incident Number: 27635
Current Status: File Located in Archives
ADDITIONAL ENVIRONMENTAL RECORDS
Records of Emergency Release Reports
IMD: Incident Management Database.
A review of the IMD list, as provided by EDR, and dated 07/21/2006 has revealed that there is 1 IMD
site within approximately 0.5 miles of the target property.
Equal/Higher Elevation Address Direction / Distance Map ID
SIGMAN PROPERTY
Facility Id: 27635
4908 HIGHWAY 16 NORT ENE 114 - 112 (0.444 mi.) 1
Page
8
TC4867566.9s EXECUTIVE SUMMARY 7

EXECUTIVE SUMMARY
There were no unmapped sites in this report.
TC4867566.9s EXECUTIVE SUMMARY 8

OVERVIEW MAP - 4867566.9S
Target Property
o V4
112 1 miles
A Sites at elevations higher than
or equal to the target property
Indian Reservations BIA
Hazardous Substance
• Sites at elevations lower than
R �,
Power transmission lines
Disposal Sites
the target property
d
100-year flood zone
1 ! 1
L Manufactured Gas Plants
500 flood zone
National Priority List Sites
year
■
National Wetland Inventory
Dept. Defense Sites
nState
Wetlands
This report includes Interactive Map Layers to
display andlar hide map information. The
legend includes only those icons for the
default map view.
SITE NAME: Sharpe Property CLIENT: Cohesion, Inc.
ADDRESS: 5031 SWINGING BRIDGE RD CONTACT: Bill Gibson
CONOVER NC 28613 INQUIRY #: 4867566.9s
LATILONG: 35-762789181-184163 DATE: March 02, 2017 10:39 am
Co pvrio ht "2017 EAR• Inc.:• 2015 To mTom Re I. 2015.

DETAIL MAP - 4867566.9S
'Wks
' ��' •f 1 � � ~ . - , •t-"' + .l ell =` +�
f. r
� t •z
1 i r` •. � � � �'1y
,Y r
N Target Property
A Sites at elevations higher than
or equal to the target property
• Sites at elevations lower than
the target property
L Manufactured Gas Plants
r Sensitive Receptors
El National Priority List Sites
Dept- Defense Sites
a
a V8 U4 M hides
t
Indian Reservations BIA Hazardous Substance ;.
Power transmission lines
Disposal Sites
100-year flood zone i
500-year flood zone
National Wetland Inventory
F—] State Wetlands
This report includes Interactive Map Layers to
display andlar hide map information- The
legend includes only those icons for the
default map view.
SITE NAME: Sharpe Property CLIENT: Cohesion, Inc.
ADDRESS: 5031 SWINGING BRIDGE RD CONTACT: Bill Gibson
CONOVER NC 28613 INQUIRY #: 4867566.9s
LATILONG: 35-762789181.184163 DATE: March 02, 2017 10:41 am
Copyright •' 2017 EAR. Inc.:': 2015 TomTom Re I. 2015.

MAP FINDINGS SUMMARY
Search
Distance Target
Total
Database (Miles) Property
< 1/8
1/8-1/4
1/4-1/2
1/2 - 1
> 1
Plotted
STANDARD ENVIRONMENTAL RECORDS
Federal NPL site list
NPL 1.000
0
0
0
0
NR
0
Proposed NPL 1.000
0
0
0
0
NR
0
NPL LIENS 0.001
0
NR
NR
NR
NR
0
Federal Delisted NPL site list
Delisted NPL 1.000
0
0
0
0
NR
0
Federal CERCLIS list
FEDERAL FACILITY 0.500
0
0
0
NR
NR
0
SEMS 0.500
0
0
0
NR
NR
0
Federal CERCLIS NFRAP site list
SEMS-ARCHIVE 0.500
0
0
0
NR
NR
0
Federal RCRA CORRACTS facilities list
CORRACTS 1.000
0
0
0
0
NR
0
Federal RCRA non-CORRACTS TSD facilities list
RCRA-TSDF 0.500
0
0
0
NR
NR
0
Federal RCRA generators list
RCRA-LQG 0.250
0
0
NR
NR
NR
0
RCRA-SQG 0.250
0
0
NR
NR
NR
0
RCRA-CESQG 0.250
0
0
NR
NR
NR
0
Federal institutional controls /
engineering controls registries
LUCIS 0.500
0
0
0
NR
NR
0
US ENG CONTROLS 0.500
0
0
0
NR
NR
0
US INST CONTROL 0.500
0
0
0
NR
NR
0
Federal ERNS list
ERNS 0.001
0
NR
NR
NR
NR
0
State- and tribal - equivalent NPL
NC HSDS 1.000
0
0
0
0
NR
0
State- and tribal - equivalent CERCLIS
SHWS 1.000
0
0
0
0
NR
0
State and tribal landfill and/or
solid waste disposal site lists
SWF/LF 0.500
0
0
0
NR
NR
0
OLI 0.500
0
0
0
NR
NR
0
State and tribal leaking storage tank lists
LAST 0.500
0
0
0
NR
NR
0
TC4867566.9s Page 4

Database
MAP FINDINGS SUMMARY
Search
Distance Target Total
(Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2 - 1 > 1 Plotted
LUST 0.500
0
0
1
NR
NR 1
INDIAN LUST 0.500
0
0
0
NR
NR 0
LUST TRUST 0.500
0
0
0
NR
NR 0
State and tribal registered storage tank lists
FEMA UST 0.250
0
0
NR
NR
NR 0
UST 0.250
0
0
NR
NR
NR 0
AST 0.250
0
0
NR
NR
NR 0
INDIAN UST 0.250
0
0
NR
NR
NR 0
State and tribal institutional
control / engineering control registries
INST CONTROL 0.500
0
0
0
NR
NR 0
State and tribal voluntary cleanup sites
INDIAN VCP 0.500
0
0
0
NR
NR 0
VCP 0.500
0
0
0
NR
NR 0
State and tribal Brownfields sites
BROWNFIELDS 0.500
0
0
0
NR
NR 0
ADDITIONAL ENVIRONMENTAL RECORDS
Local Brownfield lists
US BROWNFIELDS 0.500
0
0
0
NR
NR 0
Local Lists of Landfill / Solid
Waste Disposal Sites
HIST LF 0.500
0
0
0
NR
NR 0
SWRCY 0.500
0
0
0
NR
NR 0
INDIAN ODI 0.500
0
0
0
NR
NR 0
DEBRIS REGION 9 0.500
0
0
0
NR
NR 0
ODI 0.500
0
0
0
NR
NR 0
IHS OPEN DUMPS 0.500
0
0
0
NR
NR 0
Local Lists of Hazardous waste /
Contaminated Sites
US HIST CDL 0.001
0
NR
NR
NR
NR 0
US CDL 0.001
0
NR
NR
NR
NR 0
Local Land Records
LIENS 2 0.001
0
NR
NR
NR
NR 0
Records of Emergency Release Reports
HMIRS 0.001
0
NR
NR
NR
NR 0
SPILLS 0.001
0
NR
NR
NR
NR 0
IMD 0.500
0
0
1
NR
NR 1
SPILLS 90 0.001
0
NR
NR
NR
NR 0
SPILLS 80 0.001
0
NR
NR
NR
NR 0
Other Ascertainable Records
RCRA NonGen / NLR 0.250
0
0
NR
NR
NR 0
TC4867566.9s Page 5

MAP FINDINGS SUMMARY
Search
Distance
Target
Total
Database
(Miles)
Property < 1/8
1/8-1/4
1/4-1/2
1/2-1
> 1
Plotted
FUDS
1.000
0
0
0
0
NR
0
DOD
1.000
0
0
0
0
NR
0
SCRD DRYCLEANERS
0.500
0
0
0
NR
NR
0
US FIN ASSUR
0.001
0
NR
NR
NR
NR
0
EPA WATCH LIST
0.001
0
NR
NR
NR
NR
0
2020 COR ACTION
0.250
0
0
NR
NR
NR
0
TSCA
0.001
0
NR
NR
NR
NR
0
TRIS
0.001
0
NR
NR
NR
NR
0
SSTS
0.001
0
NR
NR
NR
NR
0
ROD
1.000
0
0
0
0
NR
0
RMP
0.001
0
NR
NR
NR
NR
0
RAATS
0.001
0
NR
NR
NR
NR
0
PRP
0.001
0
NR
NR
NR
NR
0
PADS
0.001
0
NR
NR
NR
NR
0
ICIS
0.001
0
NR
NR
NR
NR
0
FTTS
0.001
0
NR
NR
NR
NR
0
MLTS
0.001
0
NR
NR
NR
NR
0
COAL ASH DOE
0.001
0
NR
NR
NR
NR
0
COAL ASH EPA
0.500
0
0
0
NR
NR
0
PCB TRANSFORMER
0.001
0
NR
NR
NR
NR
0
RADINFO
0.001
0
NR
NR
NR
NR
0
HIST FTTS
0.001
0
NR
NR
NR
NR
0
DOT OPS
0.001
0
NR
NR
NR
NR
0
CONSENT
1.000
0
0
0
0
NR
0
INDIAN RESERV
0.001
0
NR
NR
NR
NR
0
FUSRAP
1.000
0
0
0
0
NR
0
UMTRA
0.500
0
0
0
NR
NR
0
LEAD SMELTERS
0.001
0
NR
NR
NR
NR
0
US AIRS
0.001
0
NR
NR
NR
NR
0
US MINES
0.250
0
0
NR
NR
NR
0
FINDS
0.001
0
NR
NR
NR
NR
0
UXO
1.000
0
0
0
0
NR
0
DOCKET HWC
0.001
0
NR
NR
NR
NR
0
COAL ASH
0.500
0
0
0
NR
NR
0
DRYCLEANERS
0.250
0
0
NR
NR
NR
0
Financial Assurance
0.001
0
NR
NR
NR
NR
0
NPDES
0.001
0
NR
NR
NR
NR
0
UIC
0.001
0
NR
NR
NR
NR
0
ABANDONED MINES
0.001
0
NR
NR
NR
NR
0
ECHO
0.001
0
NR
NR
NR
NR
0
FUELS PROGRAM
0.250
0
0
NR
NR
NR
0
EDR HIGH RISK HISTORICAL RECORDS
EDR Exclusive Records
EDR MGP 1.000 0 0 0 0 NR 0
EDR Hist Auto 0.125 0 NR NR NR NR 0
EDR Hist Cleaner 0.125 0 NR NR NR NR 0
EDR RECOVERED GOVERNMENT ARCHIVES
Exclusive Recovered Govt. Archives
RGA HWS 0.001
0 NR NR NR NR 0
TC4867566.9s Page 6

MAP FINDINGS SUMMARY
Search
Distance
Target
Total
Database
(Miles)
Property < 1/8
1/8-1/4
1/4-1/2
1/2-1 > 1
Plotted
RGA LF
0.001
0
NR
NR
NR NR
0
RGA LUST
0.001
0
NR
NR
NR NR
0
- Totals --
0 0
0
2
0 0
2
NOTES:
TP = Target Property
NR = Not Requested at this Search Distance
Sites may be listed in more than one database
TC4867566.9s Page 7

Map ID
MAP FINDINGS
Direction
Distance
EDR ID Number
Elevation
Site
Database(s) EPA ID Number
1
SIGMAN PROPERTY
LUST S106195911
ENE
4908 HIGHWAY 16 NORTH
IMD N/A
1/4-1/2
CLAREMONT, NC 28601
0.444 mi.
2344 ft.
Relative:
LUST:
Higher
Facility ID:
Not reported
UST Number:
MO-6916
Actual:
Incident Number:
27635
990 ft.
Contamination Type:
SL
Source Type:
Leak -underground
Product Type:
P
Date Reported:
01/13/2004
Date Occur:
12/31/2003
Cleanup:
12/31/2003
Closure Request:
Not reported
Close Out:
08/17/2004
Level Of Soil Cleanup Achieved: Residential
Tank Regulated Status:
R
# Of Supply Wells:
0
Commercial/NonCommercial UST Site: COMMERCIAL
Risk Classification:
L
Risk Class Based On Review:
L
Corrective Action Plan Type: Not reported
NOV Issue Date:
Not reported
NORR Issue Date:
Not reported
Site Priority:
Not reported
Phase Of LSA Req:
Not reported
Site Risk Reason:
Not reported
Land Use:
Industrial/commercial
MTBE:
No
MTBE1:
Unknown
Flag:
No
Flag1:
No
LUR Filed:
Not reported
Release Detection:
0
Current Status:
File Located in Archives
RBCA GW:
Not reported
PETOPT:
3
RPL:
True
CD Num:
252
Reel Num:
0
RPOW:
False
RPOP:
False
Error Flag:
0
Error Code:
Not reported
Valid:
False
Lat/Long Decimal:
35.7671-81.1741
Testlat:
Not reported
Regional Officer Project Mgr: RHT
Region:
MOR
Company:
Not reported
Contact Person:
NELMA SIGMON
Telephone:
8284597573
RP Address:
4208 HIGHWAY 16 NORTH
RP City,St,Zip:
CLAREMONT, NC 28601
RP County:
Not reported
Comments:
RP IS UNKNOWN-RON BANNISTER SAID THAT THE PROPERTY OWNER WOULD LIKELY
TC4867566.9s Page 8

Map ID
Direction
Distance
Elevation
MAP FINDINGS
Site
EDR ID Number
Database(s) EPA ID Number
SIGMAN PROPERTY (Continued) S106195911
WANT TO PROCED WITH THE LSA TO TRY TO GET THE INCIDENT CLOSED
5 Min Quad: Not reported
PIRF:
Facility Id:
27635
Date Occurred:
2003-12-31 00:00:00
Date Reported:
2004-01-13 00:00:00
Description Of Incident:
Not reported
Owner/Operator:
Not reported
Ownership:
3
Operation Type:
6
Type:
3
Location:
1
Site Priority:
Not reported
Priority Update:
Not reported
Wells Affected Y/N:
N
Samples Include:
Not reported
7#5 Minute Quad:
Y
5 Minute Quad:
Not reported
Pirf/Min Soil:
Not reported
Release Code:
Not reported
Source Code:
Not reported
Err Type:
9
Cause:
Not reported
Source:
E
Ust Number:
E
Last Modified:
2004-08-17 00:00:00
Incident Phase:
Closed Out
NOV Issued:
Not reported
NORR Issued:
Not reported
45 Day Report:
Not reported
Public Meeting Held:
Not reported
Corrective Action Planned:
Not reported
SOC Signed:
Not reported
Reclassification Report:
Not reported
IRS Designation:
Not reported
Closure Request Date:
Not reported
Close-out Report:
Not reported
IMD:
Region:
MOR
Facility ID:
27635
Date Occurred:
12/31/2003
Submit Date:
1/13/2004
GW Contam:
No Groundwater Contamination detected
Soil Contam:
Yes
Incident Desc:
Not reported
Operator:
NELMA SIGMON
Contact Phone:
8284597573
Owner Company:
Not reported
Operator Address:4208 HIGHWAY 16 NORTH
Operator City:
CLAREMONT
Oper City,St,Zip:
CLAREMONT, NC 28601
Ownership:
Unknown
Operation:
Commercial
Material:
Not reported
TC4867566.9s Page 9

Map ID MAP FINDINGS
Direction
Distance EDR ID Number
Elevation Site Database(s) EPA ID Number
SIGMAN PROPERTY (Continued) S106195911
Qty Lost 1: Not reported
Qty Recovered 1: Not reported
Source: Leak -underground
Type: Gasoline/diesel
Location: Facility
Setting: Not reported
Risk Site: L
Site Priority: Not reported
Priority Code: Not reported
Priority Update: Not reported
Dem Contact: RHT
Wells Affected: No
Num Affected: Not reported
Wells Contam: Not reported
Sampled By: Y
Samples Include: Not reported
7.5 Min Quad: Not reported
5 Min Quad: Not reported
Latitude: Not reported
Longitude: Not reported
Latitude Number: Not reported
Longitude Number: Not reported
Latitude Decimal: Not reported
Longitude Decimal: Not reported
GPS: 7
Agency: DWM
Facility ID: 27635
Last Modified: 8/17/2004
Incident Phase: Closed Out
NOV Issued: Not reported
NORR Issued: Not reported
45 Day Report: Not reported
Public Meeting Held: Not reported
Corrective Action Planned: Not reported
SOC Sighned: Not reported
Reclassification Report: Not reported
IRS Designation: Not reported
Closure Request Date: Not reported
Close-out Report: Not reported
TC4867566.9s Page 10

Count: 0 records.
ORPHAN SUMMARY
City EDR ID Site Name Site Address Zip Database(s)
NO SITES FOUND
TC4867566.9s Page 11

Appendix D — 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 shalt include singular, plural, masculine,
feminine or neuter as required by context.
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 -far -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 tieing 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 I Number SAW -
tile
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 0#
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 1 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 E 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, 5ignage. 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. ❑um ping 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.
1. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal ❑f 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, Js 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 lfl
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 selt, transfer, gift or otherwise convey the Conservation Easement
Area, in whole or in part, provided such safe, transfer ❑r gift conveyance is subject t❑
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 W.
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 ❑f 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 thatmay be
damaged by such activity or use. Upon any breach of the terms of this Conservation
Easement by Grantor that comes to the attention of the Grantee, the Grantee shall
notify the Grantor in writing of such breach. The Grantor shall have 30 days after
receipt of such notice to correct the conditions constituting such breach. If the breach
remains uncured after 30 days, the Grantee may enforce this Conservation Easement
by appropriate legal proceedings including damages, injunctive and other relief.
Notwithstanding the foregoing, the Grantee reserves the immediate right, without
notice, to obtain a temporary restraining order, injunctive or other appropriate relief if
the breach of the terms of this Conservation Easement is or would irreversibly or
otherwise materially impair the benefits to be derived from this Conservation
Easement. The Grantor and Grantee acknowledge that under such circumstances
damage to the Grantee would be irreparable and remedies at law will be inadequate.
The rights and remedies of the Grantee provided hereunder shall be in addition to,
and not in lieu of, all other rights and remedies available to Grantee in connection
with this Conservation Easement. The costs of a breach, correction or restoration,
including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by
Grantor, provided Grantor is determined to be responsible for the breach. The Corps
and the NCDWR shall 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 E — Existing Conditions Photographs

fires
Photograph Station #1
Photograph Station #3
Dogtown Buffer Mitigation Bank
Existing Conditions Photos
October 7, 2019
Photograph Station #2
Photograph Station #4
Photograph Station #5
Photograph Station #6

Appendix F — Preliminary Jurisdictional Determination

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2017-00636 County: Catawba U.S.G.S. Quad: NC -Millersville
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Colonel Land, LLC
Judson Smith
Address: 412 N. 4th Street, Suite 300
Baton Rouge, LA 70802
Telephone Number: 919-209-1060
E-mail: ismithAres.us
Size (acres) 67.95 Nearest Town Conover
Nearest Waterway Bakers Creek River Basin Santee
USGS HUC 03050101 Coordinates Latitude: 35.753747
Longitude:-81.190942
Location description: The review area is located 0.284 Southeast of Skvhawk Lane and C and B Farm Road. PIN(s):
37530906030,375305291678.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been
delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries
of these waters are shown on the enclosed delineation map dated 2/27/2017. Therefore this preliminary jurisdiction determination
may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of
impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a
preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they
are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable
action, by contacting the Corps district for further instruction.
❑ There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters
have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process.
Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA
jurisdiction over all of the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable
permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able
to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can
be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters on the above described project area/property subject to the permit requirements of Section 404 of the Clean
Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters on your project area/property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.

❑ The waters on your project area/property have been delineated and the delineation has been verified by the Corps. The
approximate boundaries of these waters are shown on the enclosed delineation map dated MAP DATE. If you wish to have the
delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an
accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in
the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official
identified below on SURVEY SIGNED DATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Catherine Janiczak at 704-510-1438 or
Catherine.M.Janiczakna usace.armv.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 5/24/2017.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
JANICZAK.CATHERINE.MARIE.15355870 pNitaIIUS'—U.S.G— ment, D.D, PKI,—USA,
Corps Regulatory Official: 66 cn=1PNICZPK.CPTHBFINBMPFIB.153558]066
Date:2I ]DS]—EJU9MARIE
Date of JD: 5/24/2017 Expiration Date of JD: Not applicable

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://cop2smapu.usace.anny.mil/cm apex/f?p=136:4:0.
Copy furnished:
Agent: Resource Environmental Solutions
Jeremy Schmid
Address: 302 Jefferson Street, Suite 110
Raleigh, NC 27605
Telephone Number: 919-345-3034
E-mail: JSchmidAres.us

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Colonel bond, I.I.C...ludson Smith File Number: SAW-2017-00636 Dale: 5/2 /2017
Attached is:
See Section below
❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of ennission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
❑
®
PRELIM INARY JURISDI.CT.IONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at orhttp_i.'wWN .usacc.army.mil/Missions/0viI Work siRegulatoaProgramandPermits .asp
or the Co s regulations at 33 CFR Part 331.
A. INITIAL PROFFERED PERMIT: You may accept or object to the permit.
■ ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, inchiding its terms and conditions, and approved jurisdictional detcnninations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terns and conditions therein, you may request
that the permit be modified accordingly. You must complete Section I of this form and retum the form to the district
engineer. Your objections Must be receivcd by the district engineer within 60 days of the date of this notice, or you will
fimrlcit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the pennit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter ol'Permmission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
tights to appeal the pennit, including its tenns and conditions, and approved jurisdictional determinations associated with the
pen -nit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain tenns and conditions therein.
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
OF the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDiCTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved .ID under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to time district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminaiy JD is not appealable. If you wish, you may request an approved JD (vw hich may be appealed).
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT

REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Catherine Janiczak
CESAD-PDO
Asheville Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1OM15
151 Patton Avenue, Room 208
Atlanta, Georgia 30303-8801
Asheville, North Carolina 28801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunit to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Catherine Janiczak , 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 5/24/2017
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Colonel Land, LLC, Judson, Smith, 412 N. 4th Street,
Suite 300, Baton Rouge, LA, 70802
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Dogtown Mitigation Site, SAW-2017-00636
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located 0.284 Southeast of
Skyhawk Lane and C and B Farm Road. PIN(s): 37530906030, 375305291678.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Catawba City: Conover
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.753747 Longitude:-81.190942
Universal Transverse Mercator:
Name of nearest waterbody: Bakers Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 04/14/2017
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of
Geographic authority to
Type of aquatic
aquatic resources in
which the aquatic resource
Latitude (decimal
Longitude (decimal
resources (i.e.,
Site Number
review area (acreage
"may be" subject (i.e.,
degrees)
degrees)
wetland vs. non -
and linear feet, if
Section 404 or Section
wetland waters)
applicable
10/404)
WA
35.75397500
-81.19385400
0.11 acres
Wetland
404
WB
35.75358100
-81.19304400
0.13 acres
Wetland
404
WC
35.75344900
-81.19193300
0.05 acres
Wetland
404
WD
35.75291300
-81.19285400
0.24 acres
Wetland
404
WE
35.75303500
-81.18995200
0.06 acres
Wetland
404
WF
35.75220900
-81.18638200
0.39 acres
Wetland
404

PA
35.7538
-81.1938
0.66 acres
Wetland
404
PB
35.7535
-87.1926
0.35 acres
Wetland
404
PC
35.7532
-81.191
1.46 acres
Wetland
404
Baker's
Creek
35.754026
-81.187627
5528If
Non -Wetland
404
UT2
35.752786
-81.192605
706If
Non -Wetland
404
UT3
35.753342
-81.189122
573If
Non -Wetland
404
UT4
35.752843
-81.193183
513If
Non -Wetland
404
UT5
35.7526110
-81.19288100
1446If
Non -Wetland
404
UT6-A
35.7575
-81.1835
473If
Non -Wetland
404
UT6-B
35.7537
-81.1835
296If
Non -Wetland
404
UT6-C
35.7523
-81.1856
1231If
Non -Wetland
404
S1
35.7637
-81.1852
1500If
Non -Wetland
404
S2-A
35.7641
-81.1822
601If
Non -Wetland
404
S2-13
35.7648
-81.1838
613If
Non -Wetland
404
S3-A
35.7605
-81.1827
442If
Non -Wetland
404
S3-B
35.7603
-81.1846
780If
Non -Wetland
404
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request and
obtain an approved JD (AJD) for that review area based on an informed decision after having
discussed the various types of JDs and their characteristics and circumstances when they may

be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWT or other general permit,
and the permit applicant has not requested an AJD for the activity, the permit applicant is
hereby made aware that: (1) the permit applicant has elected to seek a permit authorization
based on a PJD, which does not make an official determination of jurisdictional aquatic
resources; (2) the applicant has the option to request an AJD before accepting the terms and
conditions of the permit authorization, and that basing a permit authorization on an AJD could
possibly result in less compensatory mitigation being required or different special conditions;
(3) the applicant has the right to request an individual permit rather than accepting the terms and
conditions of the NWT or other general permit authorization; (4) the applicant can accept a
permit authorization and thereby agree to comply with all the terms and conditions of that
permit, including whatever mitigation requirements the Corps has determined to be necessary;
(5) undertaking any activity in reliance upon the subject permit authorization without requesting
an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit
authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance
on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic
resources in the review area affected in any way by that activity will be treated as jurisdictional,
and waives any challenge to such jurisdiction in any administrative or judicial compliance or
enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the
applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable.
Further, an AJD, a proffered individual permit (and all terms and conditions contained therein),
or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If,
during an administrative appeal, it becomes appropriate to make an official determination
whether geographic jurisdiction exists over aquatic resources in the review area, or to provide
an official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there
"may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the
subject review area, and identifies all aquatic features in the review area that could be affected
by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Waters of the U.S. Map (Date: 02/27/2017)_
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
❑ U.S. Geological Survey map(s). Cite scale & quad name:
❑ Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
❑ Photographs: ❑Aerial (Name & Date):
or ❑Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional determinations.
Digitally signed by
JANICZAK.CATHERIN DN:c—UUS,—USGovemmpen[,—D,D,6
E.MARIE.1535587066.n JAMUAK ATHEFINE.MANIE.1535587
Dale: 2017.05.2410:1 7:56-04'00'
Signature and date of Regulatory Signature and date of
staff member completing PJD person requesting PJD
(REQUIRED, unless
obtaining the signature is
impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.