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20181097 Ver 2_BPDP for PN_20200904ID# * 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 Kwebber@res.us 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. 919.829.9913 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 Cherokee Beech Boone V National Forest Mountain Erwin {{;; MSu r Bl Rack L° 726 1 ew 19f Burnsville Spruce Pin Le Lr s HIII Pisgah s er National Forest e rville 1I+■ to le Bjac ville 0 Mountk n Sparta Mt Airy Pilot Mo . Dogtown Mitigation Project Elkin Boonville ►ek eo, 7, esboro Yadkinviile 3n Falls r, Harmony e Mocksvitle ba � Statesville Cleveland Y apt Saltsbt., L If ILUPJ ItVI •••+•v�..vll.a fetcher Lake Lure IV Rutherfordton 3zT I t sville� Concord ndersonville Forest City Flat Rock 'a 'a Shelby Boiling Springs Mou G is B' � Charlotte 0 Loc Landrum zs Blacksburg Clover match s ,76 Boiling Gaffney ,e, I Ville Ind, Trail Springstj Cowpen s 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 Rock Barn Country Club and Spa 4� Walmart Supercenter =14 ,6 rn7 r 1p1 �1 la 16 Claremont 0 over Y nze 7d82 F �`J 9�anwl Cf»rtF Ft, 7 70 ® a 32� G� 773, �*y�� 2413 q Lid $ 77 66 F � Service Area - 03050101 ,6 ` 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 0 0.5 1 i Catawba County, North Carolina , inch =, miles z Miles ��..X. .:ry P '' .;F i'�? ma�yy..: -.. • ? � ..w '• + °„'` r9' Cattle Grazingres r t., �•�. irsi� W E F }' . '� m � a � •�. 0 3na soo : w Hay Production Feet Figure 3 - Existing Conditions 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 i . , '. 'K ••,�' j Legend �' '►+'•. ED Proposed Easement :�•.I x Project Parcel Hay Field 0 Existing Wetland kkk NO •.. P TV Open Water C Cattle Grazing Existing Stream Cattle Grazing Cattle Grazing R ' Transmission Line e y •y ;" � • �' ,.,.`� �r�-$ OAP P3 D71-B �•' ' . ;r 1 F . A. �� • !Fr Nay i " +�a*ira�i����1i� 1 r Y ■� a '. } r, q North Dogtown -� • ' , r� South Dogtown res F 'r F t.: - :{ w, '�} • - Y Cut Line for r ' 40 North Dogtown . •'t j: 4 i. '? a ;,•- ;, Ilk 4� TIN m ati Feet SL Figure 4 - Conceptual Design CA Plan for Riparian Buffer Bank '�,,' ❑ i � :„sue, ; •: .O ``. .: s i' k r. / Dogtown '� �� ��yw a * yr' o d Mitigation Project Vol __;� p � N. '� d Catawba County, North Carolim V �' ' +Fyn ❑ ya ' ol + O M ilk w r / • r� * i' Date: 9/4/2020 Drawn by: GDS Checked by: MDE 1 in = 500 feet 5 ; -' {* 1 .k ��-• - O04 Legend C :•,- / >I %, •s Proposed Easement 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 �N s 0 300 600 Feet 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 Buffer Mitigation 0 Restoration, (0-50') Preservation, (0-50') Restoration, (151-200') - Preservation, (151-200') +�iir�MEN10.�ti i���1 1 � • , � .ram ..., . [`� 1 _ - . i - /r` � / • I c • �� I 11 �i � � • J R _ , i • 1 Al LLLiiJ / ` r! j J Bakers Creekac 4D95 si L ac 427 lS2 11 � Park - Z j ac 480 t �r� -�! " '6 ��•` _ 53 ac 132 j - 1711 Legend OT7 - ac 67 r ❑T4 ac 100 Proposed Easement pT2 Drainage Area H Figure 7 - USGS Quadrangle Date sn12o2o w - E Millersville (1973) Drawn by: GOS res o i,ona 2.000 Dogtown Mitigation Site Checked by:MBE 1 inch = 2,W0 feet F Catawba County, North Carolina .ate _ i � •: �- v - 4 r� a. � �'�.. � x . y�a.. �• "'� w y'"A�'t�i�ij � JJ Proposed Easement li' r !� d-10/29/2019 r; S2.g �rl''r Yr •l+f��y � • . Legend 1 � [7J■�1 Proposed Easement ► ' Planted Area {32.40 ao} Vegetation Plot Locations Vegetation Plot Within - Buffer Mitigation Area +,s3-$ S3 ,q Vegetation Plot Outside of Buffer Mitigation Area ' ...& e Approach Restoration 4"Ilk Enhancement I Enhancement II Enhancement III a -a. g Preservation - No Credit � N Date: 512912020 Figure 11 b - Monitoring Plan Map - North w Drawn by GDS Dogtown Mitigation Site a Checked by: MDE 0 20s0 400 Catawba County, North Carolina 1 inch =400feat res L L 1'1 i 1 4 I Swamp chestnut oak Querrcu5 mrchauxrr 1()70 Northern red oak Quercu5 rubra 10% w J L- L PERMANENT VEGETATION ACTOR SMALL INSPECT ENSURE MEASURES ARE `iATED WITHIN 10 VEGETATION 5HALL BE 5EEDING 5HALL BE IN 5C OR SPRING -TOOTH 5HALL BE MADE ACR055 LLOW TOPOGRAPHIC DWN ON SHEET D2. LIVE D2, LE55 THAN G" D13H SMALL AME 5PECIE5 ARE 5 AND ALONG BOTH TO ALL D15TURDED AREAS AREA5 WITHIN THE 12. PERMANENT HERB SEED MIX 5HALL BE APPLIED TO ALL 1715TUR5ED AREAS WITHIN THE CONSERVATION EASEMENT BREAK5 AT A RATE Of 15 1-155IACRE. 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 SEAL 0 FULL SCALE: 1 "=100 0 100 200 2" = FULL SCALE HALF SCALE 1" = rN 0 w 00 ry 0 0 E- J 0_ Z _0 Cn Z 0 0 0 z a � IL Q ❑ z 0 Lu Cj) _z Cl) < J LL1 u1 J Lu Cr CC a. LLJ Q z o z o Q �7- U D � T D ~ o z �C z Q C a- LLJ (� LJ z 7) o_ z CU z m Q � � � z Q !— U w 0U Q z ❑ Q ccrr' a- o PROJECT NUMBER: 0383 PROJECT MANAGER: KAW DESIGNED: BRC DRAWN: TRS CHECKED: AFM SHEET NUMBER= p 1 /JJ 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 .__ _4y------ _----- --- ----` -- .__ ----- --- '------1 -- - ----- ----- - ----- ---`r 1 _ - ----- ------ ----- ----- --- ----- ---`-"---�_vY�� ~, --- ---_ - - _ + - ----- ----- ----- ----- ----- •-- ----- ---'_ 13AKER5 CREEK W Q z W J LL PLANTING TABLE Permanent Riparian Seed Mix 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% Swamp chestnut oak 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 SEAL C) FULL SCALE: 1 "=100 0 100 200 2" = FULL SCALE 1" = HALF SCALE Q Ill °O N � Q Ln Q I— O J 0_ z 0 z 0 0 0 LIL 0 z 0 ry LL Q z o z 0 � in <J W W W � � W LLt Q z J z X o Q o z z Q CL LLl (� Z) z U) ❑ U Q Q LU o m w z U Q o Q z 0 3 U Q Er a-o PROJECT NUMBER: 0383 PROJECT MANAGER: KAW DESIGNED: BRC DRAWN: TRS CHECKED: AFM SHEET NUMBER: P2 0 53Q - - f _ - - - - ---- -- -- REACh DT I -A 5TA 0+00 TO 5TA 9 + 5 I I .4' ! . 4' - - --- — BANKFULL 5TAGE 0 RCP rV o REACH DT I -A KE5TOKATION � �.`CO 5TA 0+00 TO 5+9G ,LU TYPICAL R1PPLf- CRO55 51fCTION (5ff 5HEET D7) YIlk - F5ANKFULL 5TAGE +O 5 +50 V� s9s 9�s r o � x� D 590 -`` 593 ` - +� . Q f — r Ox �� �x ~ 59 592 5102 q 5104 J 51O7 5106 o C50 587 xk0 TYPICAL RIGHT MEANDER CK055 5ECTION � 58G f � _ - 5 ! 72 �1 � o' —' \. 5109 5I 10 5173 - 92C �5-- BANKFULL 5TAGE LC E LC E LC E LCE LCE LCE LICE -30 -- - - TYPICAL LEPT MEANDER C'RO55 5fCTION ---- goo -------- - - -_ -- - -- � - - 925 920 915 910 905 925 920 915 910 905 0+00 0+50 1 +O0 1 +50 2+00 2+50 3+00 3+50 4+00 4+50 5+00 5+50 G+oo 5CAL> + HOR 1 "=30'; V�RT I "=3' Ex15TING GRADE ALONG 1 STREAM GEN ERLI N E 1; �rl S9� PROP05Ed TOP S92 PRE -DAM_ GRADE REMOV L Y w OF F3ANK 593 LU r Lu�� Si�4 _r o 5107 -� 5 I O6 PQST-DAM-REMOVAL O� FRC PO5ED GRADff CUAN I3 EL �D 5%_ A� 1 1 _ 34% rp res 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 SEAL 0 FULL SCALE: 1 "=30 0 30 GCi 2" = FULL SCALE 1" = HALF SCALE r C11 LU Ln Q H J IL z 0 z 0 0 ly- LL r- 0 z D Q ❑ z o n U) W J LU LU LU 01 M rZ w Q Z Z W 0 Q U ~ o ~ � ❑ z Q t] LU Q Z U Q w 0 m 6i w p Q z Q o o PROJECT NUMBER: 0383 PROJECT MANAGER: KAW DESIGNED: BRC DRAWN: TRS CHECKED: AFM SHEET NUMBER: S1 a co co } w Q U) tM a �' co co 0 a ¢ 0 0 z N V m 2 a CC w w w z w LL ores 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 SEAL 0 FULL SCALE: 1 "=30 a 30 60 2" = FULL SCALE 1" = HALF SCALE r 0 N_ W `n J IL z 0 U z 0 U LL F 0 z o Q 66 ❑ z 0 f U] W J W W W Ir I L1J Q Z J Z W o Q �z U o ❑ < C) w Q w U) o Z U 3: Q ¢ o zo Q ;o z 3 � 0 Q o= x IL o PROJECT NUMBER: 0383 PROJECT MANAGER: KAW DESIGNED: BRC DRAWN: TRS CHECKED: AFM SHEET NUMBER: S 2 0 Ca U M } m w Q U) t7 �' co co 0 a a ¢ 0 0 a z m 2 a CC w w w Q z w LL ores 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 SEAL FULL SCALE: 1 "=30 0 30 60 2" = FULL SCALE 1" = HALF SCALE r 0 N_ LU Q � J IL z U u7 z U w 0 LL H z o Q ❑ z 0 f U] W J W W W 01 I w Q Z J Z W 0 Q _ � C) a G C) W Q W Z U? Q Z U 3: Q w 0 di �o z Q o o= I ❑ PROJECT NUMBER: 0383 PROJECT MANAGER: KAW DESIGNED: BRC DRAWN: TRS CHECKED: AFM SHEET NUMBER: S 3 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: (828) 258-3939 Fax: (828) 258-5330 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 (919) 856-4520, 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 (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact 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: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the 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: (404) 562-5137 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.