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20200047 Ver 2_BPDP for PN_20201027ID#* 20200047 Version* 2 Select Reviewer:* Katie Merritt Initial Review Completed Date 09/23/2020 Mitigation Project Submittal - 9/22/2020 Is this a Prospectus, Technical Proposal or a New Site?* r Yes F No Type of Mitigation Project:* r- Stream r Wetlands V Buffer V Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* Michael Herrmann Project Information .................................................................................. ID#:* 20200047 Existing IDI Project Type: Project Name: County: Email Address:* mherrmann@watershedinvestment snc.net Version: *2 Existing Version r DMS r Mitigation Bank Banished Bull Buffer and Nutrient Offset Mitigation Bank Orange Document Information Mitigation Document Type:* Mitigation Plans File Upload: BanishedBull_BPDP V2.1_Attachments.pdf 22.89MB Rease upload only one RDFof the corrplete file that needs to be subrritted... Signature Print Name:* Michael Herrmann Signature: frs�rr�'�' �r�tt�rrPae'.0 WATERSHED Investments September 22, 2020 Katie Merritt Nutrient Offset & Buffer Banking Coordinator NCDENR-Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Reformatted comments to Version 2 submission of the Banished Bull BPDP (DWR9 2020- 0047) Dear Ms. Merritt: Enclosed is Version 2.1 of the Bank Parcel Development Plan for the Banished Bull Buffer and Nutrient Offset Bank Mitigation Bank. Version 2.0 was submitting for your review on August 17th, 2020. The primary difference in Version 2.1 is that the comments and responses summary to Version 1 submitted on March 31st has been reformatted. This change was made to make the comment summary consistent with other mitigation providers comments/responses and ease the Division's review. This document is being submitted electronically via DWR's Edoc portal. If you need to discuss the project, please contact me at mherrmann2watershedinvestmentsnc.net (email) or 919-559-6264 (phone). Sincerely, Mike Herrmann 1630 Weatherford Circle, Raleigh NC 27604 1 Tel : 919-533-9195 1 www.watershedinvestmentsnc.net Comments And Responses to DWR Comments on Version 1 of the Banished Bull BPDP Title Pate Comment: Correct that the document is prepared for NC DWR Response: Added that BPDP is prepared for DWR. Fi ures Comment: Provide a figure to represent your proposed planting plan. Response: Added Figure 7 provide site planting details. Appendices Comment: Include the Site Viability Letter to aid review of proposed assets. Response: NC DWR Viability letter has been included as Appendix 3. Comment: In the site photos, include photos dated more recent than the site viability visit. Response: Added photos to Appendix 4 that are dated after the DWR's site viability visit. Comment: Provide EDR summary report. Response: The EDR report is provided in Appendix 7. Section 1. Introduction Comment: Add references to the MBI and Bank Sponsor name. It should say that this project is submitted for review under the Banished Bull Mitigation Banking Instrument between DWR &... as the Bank Sponsor. Response: Added the following introduction: "The Banished Bull Mitigation Site (Site) is submitted for review under the Banished Bull Mitigation Banking Instrument (MBI) between the Division of Water Resources and the bank's sponsor, Watershed Investments NC, LLC (WINC)." Comment: Add directions to the site. Response: Directions added. Comment: Correct terminology to use "riparian buffer" or "buffer" to describe the Neuse buffer, which is 0-50' from top of bank and has a Zone 1 & Zone 2 excluding Ephemeral's. Areas adjacent to buffer should be labeled "riparian area" where applicable. Example: "The project includes the restoration of riparian buffers and adjacent riparian areas. " Response: Throughout the document, corrected language as necessary to refer to the riparian buffer as only the area 0-50' from top of stream bank, excluding ephemeral channels. Section 2. Existing Conditions Comment: Describe how, if any, conditions have changed since DWR was onsite Response: In section 2.4-Land Use, stated that land use remains non -forested pasture. Comment: Reference the Site Viability Letter Response: In Section 2.2-Hydrologic Setting, added reference to the Site Viability findings (Appendix 3). Comment. Note that areas along the mainstem were observed in the DWR Site Viabilty letter (Appendix 2) as needing minor bank stabilization. Response: Noted in Section 2.5- Landscape Communities that that the Site Viability Letter states that minor bank stabilization measures are needed at the site. Section 3. Regulatory Considerations No comments but updated references numbers of former appendices 3-5 due to the addition of the newly added Appendix 3-Site Viability Letter. Section 4. Riparian Restoration Plan Section 4.1. Site Preparation Comment. How will you address the compacted soil condition of the pasture to give plants the best soil condition to thrive? Response: To help develop the soil, after spraying of the fescue, a permanent and temporary seed mix will be applied to the site. The native grasses and fortis will benefit soils by reducing erosion, increasing their organic matter and carbon storage, promoting infiltration and water - holding capacity, and improving the overall soil structure. These benefits have the net effect of supporting the growth and vitality of the planted seedlings. No disking of the site is planned. Comment: Any fescue treatment considering plantings are going to be in pasture grasses? Mowing may also need to be factored in but shouldn't be the only site prep needed Response Noted that an aquatic -safe glyphosate herbicide application by a licensed applicator is planned for the late fall of 2020 to eliminate fescue and limited occurances of multiflora rose. Comment: Will the soil need to be mended, will it need lime, disked, ripped.... etc. Response: Completed NC Department of Agriculture soil testing at the site indicates no lime is needed. No other soil ammendments are plan. Comment. Where is non-diffusedflow a problem? and provide detail as to what is meant by "surface flow dispersal techniques ". Response: Removed a section on needing to address non -diffuse flow as it has not been observed at the site. Section 4.2. Planting Plan Comment. Based on the site viability letter, live stakes need to be included in the planting plan to address bank stabilization issues. What will you plant and where. Provide a figure showing where livestakes will be most beneficial to be planted along the mainstem banks. Response: Added live -staking to the planting plan and added Figure 7 that identifies areas where live -staking will occur. Also, Table 6 was modified to include Live Stake species of Salix nigra (Black Willow) and Cornus amonmum (Silky dogwood). Comment. There is a very wet area on the site, which is unique to the rest of the site from what i remember. No mentioning how this area will be planted differently that the rest of the site, which is on a slope and is much dryer. Response: The area referred to in the comment is identified in the newly added Figure 7. This area is seasonally saturated and will be targeted for planting of species more tolerant of wet soils (e.g. River birch, Sycamore, Willow Oak, Tulip Poplar and live stakes). Comment. Provide details on the fencing to be used at the site Response: Fencing of the easement will be high -tensile electrified wire fencing that has been successfully employed and is currently used to control cattle at the property. Comments: Former Table 5 [Current Table 61. Planting Species Table a) Green Ash should be no more than 5% of selected species. b) Add live stakes to Table c) Add a column to the table to detail whether species is Canopy or Sub -canopy. Response: (a) Planting to include a broader diversity of native hardwoods and removed Fraxinus pennsylvanica (Green Ash) due to observed evidence of damage to adjacent Ash trees; (b) Added live stake information to the table; (c) Added coloumn to Table 6 and included information on Canopy/Subcanopy characteristics of planted species. Comment: Planting a permanent seed mix that is abundant in annual and perennial pollinator species is strictly voluntary but is strongly encouraged by DWR in other mitigation plans to promote diversity and enhance the health of the herbaceous layer, which can also greatly benefit planted stems. Response: Seeding now included. Approximately two weeks after herbicide application, the site will be sowed with a temporary and native permanent seed mix (see Table 5). The native grasses and fortis will benefit soils by reducing erosion, increasing their organic matter and carbon storage, promoting infiltration and water -holding capacity, and improving the overall soil structure. Section 4.3 — Easement Boundaries Comment Comment: There is an easement break shown on the figures. Explain the need for this easement break and its proposed location interior to the site rather than along the fenceline. Response: The crossing is needed for two goals: (1) allow for cattle movement to adjacent pasture and (2) long-term access to 'orphan tract' in the southeast corner. The more interior location is proposed to minimize impacts to Zone 1 and Zone 2 of the riparian buffer and to make the travel path perpendicular to the stream. Due to the stream orientation, a crossing directly adjacent to the fence would result in more buffer impacts and allow cattle more direct access to the stream. Comment: Include signage along the easement along with annual inspection of the easement boundary by the bank's sponsor while the site is in monitoring. Response: Detailed that signs/placards providing contact information for the easement holder will be posted at the site providing the easement holders contact information. Section 5. Monitoring Plan Section 5.1— Monitoring Protocol Comment: Rephrase that monitoring plots will be placed in proposed buffer mitigation includes both buffer credit and nutrient offset credit. Response: Clarifed that plots "will be randomly placed throughout the planted riparian area and will be representative of where riparian buffer credit and nutrient offset credit are being generated." Comment. Add common name to the list of items included in the annual monitoring report. Response: Added common name to the list of items in the annual monitoring report. Section 5.2 — Adaptive Management Comment. Specify undesirable species that need removing Reponse: This comment is addressed in Section 4.1 Site Preparation where plans to remove fescue are detailed. Also noted that, if additional mowing is deemed necessary during the monitoring period, the site sponsor must receive approval by the DWR prior to any mowing activities to ensure that no buffer violations have been performed. Section 6. Long Term Management Plan Comment. Specify long-term stewardship plans. Reponse: Added Unique Places to Save as the long-term steward. Section 7. Financial Assurance No Changes Section 8. Mitigation Potential Comment. Use the new excel worksheet to calculate your credits. Please visit the DWR website and click on Project Credit Table Template (November 2019- Excel workbook) Response: Used NC DWR's Project Credit Calculation spreasheet dated November 2019 to calculate Buffer and Nutrient Offset credits for the Site in Table 6 [Current Table 7]. Comment. Add language to clam that you will not be able to transfer any nutrient offset credits in 101-200'to buffer mitigation credits. Response: Noted in this section that, pursuant to the Site's MBI, the transfer any nutrient offset credits in 101-200' to buffer mitigation credits is not allowed. Comment. Table 7 [Current Table 81 states that the entire restoration area is being used towards the "total area of buffer mitigation " to calculate the 25%. However, the only area that can be used to calculate the % for ephemerals is the area being used for Buffer Credits. You must deduct all the area being used for nutrient offset credit and only use the area devoted to buffer credit. Using the correct Excel Project Credit Table worksheet will help with this. Response: This table has been revised to show only proposed buffer credits at the site. As proposed, the area of buffer mitigation site on ephemeral channel (i.e., 11%) is less than 25 percent of the total area being proposed for buffer mitigation. Supporting Figures Comment. Figure 1 Watershed Setting and Credit Service Areas Comment: Clark that the Buffer Mitigation Credit Service Area as the whole Neuse 01 and the nutrient offset credit service area as only the Falls Lake WS. Response: Updated figure to indicate credit service areas for Buffer (Meuse 01)and Nutrient Offset (Falls Lake Watershed). Comment. Figure 5. Existing Conditions Comment: Show the abutting easement and who owns it. Response: Revised figure to show neighboring upstream landowner is Orange County with the conservation easement steward of Triangle Lands Conservancy along with the power line easement area adjacent to the road. Comment. Figure 7. Planting Plan [Newt Provide a figure to represent your proposed planting plan. including the live stakes and the unique wet area. Response: Added figure that indicates the planned areas for tree and live stake planting and the referenced wet area. Comment. Figure 8 [Former Figure 7]Make the following adjustments: a) Comment. Revise Figure title to read "Proposed Riparian Buffer Mitigation and Nutrient Offset Areas " Response: Revised the figure's Title b) Comment: Identify what the credit is you are seeking in yellow, orange and hatched areas. Keep in mind that you can measure buffer credit 0-100' instead of 0-50' Response: Revised figure to better identify Buffer Mitigation and Nutrient Offset areas. c) Comment. Need to show where the fence will be installed Response: Indicated fenceing on the Figure d) Comment: The red boundary is confusing because the conservation easement boundary is red. Response: Removed the red boundary delineating between the area where prenmeal and ephemeral buffer credit was being sought and replaced it with another color. e) Comment: confirm the bank is outside of the right-of-way for this road. Response: Added in the powerline right-of-way to show that the proposed easement is outside of the rite -of -way. j9 Comment. Do not put a credit table on this figure. Response: Removed the credit table from the figure. Attachements: No NCDWR Comment. Conservation Easement — Modified the Conservation Easement from the NCDWR website in the following ways: A. Where appropriate, replaced references to the Bank Sponsor with the Sponsor Name (i.e., Watershed Investments NC); B. Where approriate, replaced reference to the MBI and BPDP with the planned names of these documents; C. Comments provided from Unique Places to Save (UP2S), the planned Stewardship Organization on content of the easement. UP2S Comment: Please add Article IL Item L (Subdivision) taken from taken from the ACOE's conservation template Response: Added the requested Subdivision clause after consultation with NC DWR Bank Parcel Development Plan Banished Bull Riparian Buffer Mitigation and Nutrient Offset Falls Lake Watershed Neuse River Basin HUC 03020201 NC DWR Project ID # 2020-0047 Version 2 August 17th, 2020 Prepared For: NC Department of Environmental Quality Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 Bank Sponsor: Watershed Investments, NC, LLC 'I 1630 Weatherford Circle Raleigh, NC 27604 lvw Phone: 919-533-9195 Contents 1.0 Introduction........................................................................................................................................... 3 2.0 Existing Conditions................................................................................................................................4 2.1 Watershed Setting..............................................................................................................................4 2.2 Hydrologic Setting..............................................................................................................................4 2.3 Physiography and Soils....................................................................................................................... 5 2.4 Land Use/Cover.................................................................................................................................5 2.5. Landscape Communities.................................................................................................................. 6 3.0 Regulatory Considerations.................................................................................................................... 7 3.1 Threatened and Endangered Species................................................................................................ 7 3.2 Cultural Resources.............................................................................................................................7 3.3 FEMA Floodway / Floodplain Impacts............................................................................................... 7 4.0 Riparian Restoration Plan..................................................................................................................... 7 4.1 Site Preparation.................................................................................................................................7 4.2 Planting Plan......................................................................................................................................9 4.3 Easement Boundaries......................................................................................................................10 5.0 Monitoring Pan....................................................................................................................................10 5.1 Monitoring Protocol and Success Criteria......................................................................................10 5.2. Adaptive Management Plan and Parcel Maintenance.................................................................11 6.0 Long Term Management Plan.............................................................................................................11 7.0 Financial Assurance.............................................................................................................................12 8.0 Mitigation Potential.............................................................................................................................12 9.0 References...........................................................................................................................................15 Banished Bull Mitigation Site DWR Project # 2020-0047 Page i Bank Parcel Development Plan LIST OF SUPPORTING FIGURES Figure 1. Watershed Setting and Service Area Figure 2. Project Vicinity Map Figure 3. Project Mapped Soils Figure 4. Historic Site Conditions Figure 5. Existing Conditions Figure 6. Flood Hazard Areas Figure 7. Site Planting Details Figure 8. Mitigation Credit Areas LIST OF APPENDICES Appendix 1. Site Protection Instrument Appendix 2. NC Division of Water Resource Stream Identification Form Appendix 3. NC Division of Water Resources Site Viability Letter Appendix 4. Site Photos of Existing Conditions Appendix 5. NC Natural Heritage Program Project Review Appendix 6. NC State Historic Preservation Office Project Review Appendix 7. EDR Report Banished Bull Mitigation Site DWR Project # 2020-0047 Page ii Bank Parcel Development Plan 1.0 Introduction The Banished Bull Mitigation Site (Site) is submitted for review under the Banished Bull Mitigation Banking Instrument (MBI) between the Division of Water Resources and the bank's sponsor, Watershed Investments NC, LLC (WINC). The Site is located in Orange County approximately six miles northeast of Hillsborough, NC (Figure 1-Site Setting). One unnamed mainstem traverses the site and is fed by one unnamed ephemeral tributary. The project includes the restoration of riparian buffers and adjacent riparian areas totaling an approximate area of 8.30 acres. The Site Protection Instrument to be used in protecting the easement is located in Appendix 1. Table 1 provides a summary of the site's location and area. Table 1: Project Attribute Table Part 1— Banished Bull Mitigation Site Project Information Project Name Banished Bull Mitigation Site County Orange Project Coordinates (latitude and longitude) 36.1500 N, 79.0461 W Planted Acreage (acres of woody stems planted) 8.30 1.1 Directions The Site Address is 4321 Schley Road, Hillsborough, NC 27278. Currently with no driveway, to access the site you must park on the side of Schely Road and enter the Site from the Road. Directions to the Site follow: From the East • Take 1-40 W and NC-147 N through Durham to 1-85 South • Take exit 170 from 1-85 South and Turn Right at the first light onto Pleasant Green Road. • Proceed 10 miles on Pleasant Green Rd. which becomes Schley Rd after the intersection with St. Marys Rd. • Site will be located on the left. From the West • Take 1-40 E/1-85 N Past Burlington and Graham, NC • Take exit 161 from 1-40 E/1-85 N to US-70 East. Follow 3 miles to Hillsborough. • Turn left on NC-86 and follow for 0.5miles. • Turn Right on NC-57 N. Follow 5 miles • Turn Right on Schley Rd and Follow for 1 mile. Site will be on the Right Banished Bull Mitigation Site DWR Project # 2020-0047 Page 3 Bank Parcel Development Plan 2.0 Existing Conditions 2.1 Watershed Setting Table 2. provides watershed details for the Site. The project is located within the NC Division of Mitigation Services (DMS) Targeted Local Watershed (TLW) for the Neuse River Basin 14-digit Hydrologic Unit (HU) 03020201020020 and NC Division of Water Resources (DWR) Subbasin 03-04-01. Figure 1 provides an overview of the Service Area for the Site. The Site is located in the Upper Falls Lake Watershed. Falls Lake, a Water Supply -IV classification, has been designated a nutrient Sensitive Water by the Division of Water Resources and is the subject of the Falls Lake Nutrient Management Strategy passed by the Environmental Management Commission in 2011. The 2009 DWR Neuse River Basinwide Water Quality Plan lists major stressors in Subbasin 03-04-01 to be total suspended solids (TSS), nutrients, and chlorophyll a (NC DEQ 2009). Table 2. Banished Bull Watershed Setting 8-Digit HUC 03020201 Falls Lake Sub -basin Upper Falls Lake DWR Sub -basin 03-04-01 NC DMS 14-digit TLW HUC 03020201020020 12 Digit HUC / Name 030202010202 / South Fork Little River 2.2 Hydrologic Setting Table 3 and Figure 2 provide details hydrologic features on and adjacent to the Site. NC DWR visited the site on January 28, 2020 and completed an on -site stream/buffer determination of hydrologic features (See Appendix 2). NC DWR rated the mainstem channel (mainstem) that flows northeast across the site to the South Fork of the Little River as perennial. NC DWR also rated as ephemeral an unnamed tributary that flows north to the mainstem. Appendix 3 provides the Site Viability Assessment provided from NC DWR on eligibility for Buffer credit and Nutrient Offset. Site viability coincided with the Division's previously described stream determination. The Division evaluated areas from the Top of Bank and landward 200 feet from the mainstem perennial and unnamed ephemeral feature for buffer mitigation pursuant to 15A NCAC 02B .0295 and nutrient offset credits pursuant to 15A NCAC 02B .0240. The Division found that buffer and riparian areas adjacent to both the mainstem and ephemeral channel were eligible for Buffer Credit and Nutrient Offset, respectively. Areas adjacent to both these features at the Site are within in the planned conservation easement. Restoration activities on streams at the Site will directly and indirectly address stressors identified in the Basinwide Water Quality Plan by reducing nutrient input to streams, fencing cattle from streams, reducing hoof sheer of stream banks, and restoring a forested buffer. These activities will slow surface runoff and provide shade to streams which, when combined, should reduce sediment and nutrient loads that contribute to the production of chlorophyll a in downstream waters. In addition, project activities will provide and improve instream and terrestrial (riparian) habitats while improving stream stability and overall hydrology. Banished Bull Mitigation Site DWR Project # 2020-0047 Page 4 Bank Parcel Development Plan Table 3. Stream Information Mainstem Stream Name Unnamed tributary to South Fork Little River South Fork Little River Stream Index @ Junction with the site's Mainstem 27-2-21-2 Stream Index Use Classification WS-II; HQW, NSW 2.3 Physiography and Soils The Site is located in a portion of the Piedmont known as the Carolina Slate Belt (NCGS, 1985). The rocks in this region are primarily volcanic and sedimentary rocks with a slaty cleavage. Coarse -grained intrusive granites comprise the rest of the Slate Belt rocks (Rogers, 2006). The geology of this area has important effects on Site hydrology, hydraulics, geomorphology, and sediment transport. Streams in the Carolina Slate Belt tend to go dry during late summer and early fall as a result of geologic, topographic, and climatic factors (Giese and Mason (1993). Several rocky outcrops along the mainstem of the channel provide grade control to the channel preventing channel incision. Table 4 lists soils present on the site according to the USDA Web Soils Survey for Orange County. Figure 3 provides the mapped sols of the site. Silty loam soils are found throughout the site predominantly with Herndon (HrB) followed by Georgeville (GeC) and Orange (Or). Soils on the site are either well drained or mostly well drained due to soil characteristics and slopes. Table 4. Mapped types and descriptions (Source: USDA 2020) Mapped Soil Series Project Hydric Hydrologic Soil Description Area (%) Soil Soil Group HrB - Herndon silt loam, Well drained silt and silty clay loam 2 to 6 percent slopes 67 No B soils whose parent material is weathered phyllite. GeC - Georgeville silt Well drained silt and silty clay loam. loam 6 to 10 percent 22 No B Deep soils whose parent material is slopes weathered argillite, phyllite and/or sericite schist. Or — Orange silt loam, 0 Moderately well drained silt and silty to 3 percent slopes 11 No clay loam whose parent material is D weathered monzonite and/or igneous and metamorphic rock. 2.4 Land Use/Cover Land use and land cover were reviewed both on site and through review of aerial photography dating back to 1975 (See Figure 4 — Historic imagery). Between 1975 and 1993, land uses included hay production, pasture for cattle, and commercial chicken production using a confined animal feeding operation. Confined animal operation structures were removed between 1993 and 1998 and the site has alternated between hay production and pasture for cattle since. Banished Bull Mitigation Site DWR Project # 2020-0047 Page 5 Bank Parcel Development Plan Currently, the site is used as non -forested pasture for cattle. Upstream land use is a mix of forest and cattle pasture and has remained consistent since 1975. The adjacent parcel to the west of the Site is currently owned by Orange County as future parkland. Appendix 4 provides recent photos of the site. 2.5. Landscape Communities Figure 5 provides a map of the site using aerial photography from 2017, the most current aerial photography available. Currently, both the mainstem and UT to mainstem lack riparian buffer and forested riparian area. Land use within 200 feet of the stream has functioned as cattle pasture going back to before 1975. Fescue and a mix of other herbaceous vegetation are predominant within the riparian area. A small number of mature trees are present at the lower end of the mainstem. Tree species include red maple (Acerrubrum), sweetgum (Liquidambarstyraciflua), and Eastern Red Cedar (Juniperus virginiana). As noted in NC DWR's Site Viability, areas along the mainstem were noted for needing "minor bank stabilization".. Stabilization measures for these areas will be detailed in Section 4. Bedrock outcrops along the mainstem help provide grade control at the site and provide some stability Banished Bull Mitigation Site DWR Project # 2020-0047 Page 6 Bank Parcel Development Plan 3.0 Regulatory Considerations 3.1 Threatened and Endangered Species Plants and animals with a federal classification of endangered (E) or threatened (T) are protected under provisions of Sections 7 and 9 of the Endangered Species Act of 1973, as amended. The US Fish and Wildlife Service (USFWS) database for Orange County, NC (accessed 2/7/2020) lists the following three endangered species in Orange County (USFWS 2020): • Dwarf wedgemussel (Alasmidonta heterodon) - Endangered • Michaux's sumac (Rhus michauxii) - Endangered • Smooth coneflower (Echinacea laevigata) - Endangered In addition to the USFWS database, the NC Natural Heritage Program (NHP) was contacted to determine whether previously cataloged occurrences of protected species were mapped both on the site and within one mile. A copy of the correspondence with the NHP is included in Appendix 4. According to the NHP, no Element Occurrences are documented on the site. Within one mile, of the project, the following threatened or Endangered species were noted (NCNHP 2/11/20). • Atlantic Pigtoe - Mollusk (Fusconaia masoni) - Endangered Creeper - Mollusk (Strophitus undulates)- Threatened • Notched Rainbow - Mollusk (Villosa constricta) - Threatened Based on site investigations, no impacts to federally protected species are anticipated or state endangered or threatened species are anticipated as a result of the proposed project. 3.2 Cultural Resources Cultural resources include historic and archeological resources located in or near the project parcel. The State Historic Preservation Office (SHPO) has been notified of the proposed project and confirmed that their database contains no record of important cultural resources in the easement area. A copy of their review and response letter is provided in Appendix 5. 3.3 FEMA Floodway / Floodplain Impacts Banished Bull mainstem and UT1 are not FEMA mapped streams within the Site, as illustrated on the Orange County Flood Insurance Rate Map Panel 9887 and in Figure 6. 4.0 Riparian Restoration Plan 4.1 Site Preparation Both the Buffer (Top of Bank to 50-feet landward) and the adjacent riparian areas to 200 feet are predominantly fescue for pasture. Preparation within these areas will begin with spraying undesired fescue with an aquatic -safe glyphosate herbicide in the Fall of 2020. Pesticide application will be conducted by a licensed application specialist and logs will be available upon request. Banished Bull Mitigation Site DWR Project # 2020-0047 Page 7 Bank Parcel Development Plan Approximately two weeks after herbicide treatment, the site will be sowed with a temporary and native permanent seed mix (see Table 5). The native grasses and forbs will benefit soils by reducing erosion, increasing their organic matter and carbon storage, promoting infiltration and water -holding capacity, and improving the overall soil structure. These benefits have the net effect of supporting the growth and vitality of the planted seedlings. Soil Testing will be completed to determine the need to provide soil amendments (e.g., lime). No soil disking is planned as compaction of the site has been limited by rotational grazing and alternating usage between hay production and seasonal rotation of cattle. Bare root plantings and live stakes shall be planted according to the planting plan. Once planting is complete, the riparian restoration areas will be surveyed and completed planting information will be provided in the As -Built report. Table 5. Selected Native Seed Mix (Note: Species availability may result in the substitution of regionally appropriate native species.) Permanent seed mix (10 lbs./ acre) Scientific Name Common Name % of Total grostis alba Red Top 10 Elymus virginicus Virginia Wild Rye 15 Panicum virgatum Switchgrass 15 Tripsicum dactyloides Gamma grass 5 Polygonum pennsylvanicum Pennsylvania smartweed 5 Schizachyrium scoparium Little bluestem 10 Juncus effusus Soft rush 5 Bidens aristosa Tickseed 5 Coreopsis lanceolata Lance -leaved coreopsis 10 Panicum clandestinum Deer tongue 10 ndropogon gerardii Big bluestem 5 Sorgastrum nutans Indiangrass 5 100 Temporary Seed mix (5 Ibs/acre) Rye Grain 100 Banished Bull Mitigation Site DWR Project # 2020-0047 Page 8 Bank Parcel Development Plan 4.2 Planting Plan The revegetation plan for the buffer and riparian area restoration area will include temporary and permanent seeding, planting bare root trees, and targeted use of live stakes on bare stream banks. Table 6 lists the woody species planned for the site and their amounts. Bare root seedlings will be planted on nine -foot spacing to achieve a density of 550 trees per acre. The specific species composition to be planted is selected based on the community type, observation of occurrence of species in riparian areas adjacent to the Parcel, and best professional judgement on species establishment and anticipated site conditions in the early years following project implementation. Species availability may result in the substitution of regionally appropriate native species. Table 6. Selected Tree Species (Note: Species availability may result in the substitution of regionally appropriate native species.) Tree Species Scientific name Betula nigra Common name River Birch Stems with % of Total 700/15% Canopy/Subcanopy Canopy Celtis occidentalis Hackberry 500/11 % Canopy Diospyros virginina Persimmon Tulip poplar 200/4% Canopy Liriodendron tulipifera 700/15% Canopy Nyssa sylvatica Black gum 500/11 % Canopy Platanus occidentalis Sycamore 700/15% Canopy Quercus alba White oak 500/11 % Canopy Quercus michauxii Swamp Chestnut oak 500/11 % Canopy Quercus falcata Southern red oak 200/4% Canopy Quercus phellos illow oak Total 200/4% Canopy 4700/100% Live Stakes Salix nigra Black Willow 100/50% Subcanopy Corpus amonmum Silky dogwood 100/50% Subcanopy Total 200/100% The buffer and adjacent riparian area in the conservation easement will be planted up to 200 feet back from the tops of banks of the stream and ephemeral channel with appropriate native species observed in the surrounding forest and species known to occur in similar environmental settings. High -tensile electrified wire fencing will be installed around the conservation area to prevent entry by cattle. A seed mix detailed in the Site Preparation Section 4.1 will also be applied to provide temporary and permanent ground cover. Figure 7 identifies how species listed in Table 6 will be planted at the site. A seasonally a small, saturated area near the western side of the Site will be targeted for planting of species more Banished Bull Mitigation Site DWR Project # 2020-0047 Page 9 Bank Parcel Development Plan tolerant of wet soils (e.g. River birch, Sycamore, Willow Oak, Tulip Poplar and live stakes), Bare root tree planting at the site will be planted at a density sufficient to meet the performance standards outlined in the Rule 15A NCAC 02B 0295 of 260 trees per acre at the end of five years. No one tree species will be greater than 50% of the established stems. Planting is planned between December 2020 and March 2021. As noted in DWR's Site Viability Letter, areas along the stream channel need "minor bank stabilization". Likely instability reasons relate to impacts from cattle (e.g., trampling banks, grazing, and hoof -shear) and the lack of a wooded riparian area). To improve streambank conditions in affected areas, live stake planting materials will be used to provide vegetative coverage, riparian habitat, and stream bank conditions (See Figure 7 for staking areas). 4.3 Easement Boundaries Easement boundaries will be identified in the field to ensure clear distinction between the Site and adjacent properties. Boundaries may be identified by marker, bollard, post, tree- blazing, or other means as allowed by site conditions and/ or conservation easement. Signs/placards providing contact information for the easement holder will be posted at the site providing the easement holders contact information. Boundary markers disturbed, damaged, or destroyed will be repaired and/ or replaced on an as needed basis. During the monitoring period, the easement boundaries will be checked annually by the Bank Sponsor as part of monitoring activities with the status of the boundaries reported in annual monitoring reports. The easement will be divided by a gated path and forded stream crossing to transport cattle between pastures adjacent to the easement. The location of the crossing was originally considered outside the easement along the western side of the Site. This location, however, was dismissed in favor of the one currently shown to reduce Zone 1 and 2 buffer impacts that would have occurred from a crossing that followed western boundary. 5.0 Monitoring Pan 5.1 Monitoring Protocol and Success Criteria Vegetation monitoring and visual assessments will be conducted annually. The first year of monitoring will not be conducted until at least five months after the initial planting of the riparian areas. Buffer and riparian area vegetation monitoring will be based on the "Carolina Vegetation Survey -Ecosystem Enhancement Program Protocol for Recording Vegetation: Level 1- 2 Plot Sampling Only Version 4.2". Eight vegetation plots will be installed a minimum of 100 meters squared in size and will cover at least two percent of the planted riparian area (8.29 acres). These plots will be randomly placed throughout the planted riparian area and will be representative of where riparian buffer credit and nutrient offset credit are being generated. For all trees in the monitoring plots, the following data will be recorded annually and provided in the monitoring reports to the NC DWR: species, common name, height, planting date (or volunteer), and grid location. All stems in plots will be flagged with flagging tape. Banished Bull Mitigation Site DWR Project # 2020-0047 Page 10 Bank Parcel Development Plan Photos will be taken at all vegetation plot origins each monitoring year and be provided in the annual reports. The measures of vegetative success for the Project will be the survival of at least four native hardwood tree species, where no one species is greater than 50 percent of the established stems, established at a density of at least 260 planted trees per acre at the end of Year 5. Desirable native volunteer species may be included to meet the performance standards as determined by NC Division of Water Resources DWR). A visual assessment of the conservation easement will also be performed each year to confirm: • No encroachment has occurred; • No invasive species in areas where 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. WINC must monitor the Site for a minimum of five years, or until NC DWR approval. 5.2. Adaptive Management Plan and Parcel Maintenance Adaptive measures will be developed, or appropriate remedial actions taken by the bank sponsor 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. If mowing is deemed necessary by WINC during the monitoring period, WINC must receive approval by the DWR prior to any mowing activities to ensure that no buffer violations have been performed. Failure to receive approval to mow within the Neuse River buffer, as defined in 15A NCAC 02B . 0233, by the DWR could result in Neuse buffer violations and violations of the conservation easement. If necessary, WINC will develop a species - specific control plan. 6.0 Long Term Management Plan WINC acting as the Bank Sponsor, will record a Conservation Easement with the Orange County Register of Deeds Office for this site. The Conservation Easement will be assigned to Unique Places to Save. All monitoring activities, including periodic inspections of the site to ensure that restrictions required in the Conservation Easement are upheld, are the responsibility of WINC until the Bank Parcel is transferred to Unique Places to Save . Endowment funds required to uphold the Banished Bull Bank Parcel conservation easement in perpetuity shall be negotiated prior to site transfer to Unique Places to Save . The Bank Sponsor will ensure that the Conservation Easement has allowed for the implementation of an initial monitoring phase, which will be developed during the design phase and conducted by the Bank Sponsor. The Conservation Easement will allow for yearly monitoring and, if necessary, maintenance of the Parcel during the initial five-year monitoring phase. These activities will be conducted in accordance with the terms and conditions of the Banished Bull Riparian Buffer Mitigation Banking Instrument made and entered into by WINC and DWR. Banished Bull Mitigation Site DWR Project # 2020-0047 Page 11 Bank Parcel Development Plan 7.0 Financial Assurance The Sponsor will provide financial assurances in the form of Performance Bonds sufficient to assure one hundred percent (100 percent) completion of all mitigation work, required reporting and monitoring, and any remedial work required. Financial assurances will be payable at the direction of the DWR to its designee or to a standby trust. Financial assurances structured to provide funds to the DWR in the event of default by the Bank Sponsor are not acceptable. The initial performance bond will be in the amount of at least $150, 000 and shall be able to cover 100 percent 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 percent of the costs associated with the monitoring and maintenance of the riparian restoration areas for five years. Performance bonds for monitoring shall be renewed to cover the next years monitoring period, with confirmation of renewal provided to DWR with each annual monitoring report when applicable. DWR reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals when applicable. 8.0 Mitigation Potential Table 7 details the potential to generate riparian buffer and nutrient credit from the site. An area of 8.29 acres at the site is being restoration with credits being divided between Buffer Mitigation (206,601ft2 or 4.743 acres) and Nutrient Offset (154,666 ft2 or 3.551 acres). Applying DWR's credit generation for calculating nutrient reduction for riparian restoration of agricultural land detailed in the Site's MBI, the proposed riparian restoration would generate reductions of 8070.677 lbs. nitrogen and 519.814 lbs. phosphorus. Banished Bull Mitigation Site DWR Project # 2020-0047 Page 12 Bank Parcel Development Plan Table 7. Banished Bull, DWR# 2020-0047, Project Credits Neuse 03020201- Upper Falls Lake Project Area N Credit Conversion Ratio (ftz/pound) P Credit Conversion Ratio (ft2/pound) 19.16394 297.54099 Credit Type Location Subject? (enter NO if ephemeral or ditch') Feature Type Mitigation Activity Min -Max Buffer Width (ft) Feature Name i Total Area (k) Total (Creditable) Area of Buffer i Mitigation (ft) Initial Credit Ratio (x:1) %Full Credit Final Credit Ratio (x:1) Convertible to Riparian Buffer? Riparian Buffer Credits Convertible to Nutrient Offset? Delivered Nutrient Offset: N (Ibs) Delivered Nutrient Offset: P (Ibs) Buffer Rural Yes I/P Restoration 0-100 Mainstem 182,889 1 100% 1.00000 Yes 182,889.000 Yes 0.000 0.000 Buffer Rural No Ephemeral Restoration 0-100 UT to Mainstem 23,712 1 100% 1.00000 Yes 23,712.000 Yes 0.000 0.000 Nutrient Offset Rural Yes I / P Restoration 101-200 Mainstem 141,615 1 33% No — Yes 7,389.660 475.951 Nutrient Offset Rural No Ephemeral Restoration 101-200 UT to Mainstem 13,051 1 33% No — Yes 681.017 43.863 Totals: 154,666 206,601 Enter Preservation Credits Below Elieible for Preservation (ftz): 68,867 Credit Type Location Subject? Feature Type Mitigation Activity Min -Max Buffer Width (ft) Feature Name Total Area (sf) Total (Creditable) Area for Buffer i Mitigation (ft ) Initial Credit Ratio (x:l) %Full Credit Final Credit Ratio (x:l) Riparian Buffer Credits Buffer Preservation — Preservation Area Subtotal (ft): 0 Preservation as %Total Area of Buffer Mitigation: 0.0% Ephemeral Reaches as %Total Area of Buffer Mitigation: 1. The Randleman Lake buffer rules allow some ditches to be classified as subject according to 15A NCAC 02B .0250 (5)(a). last updated 11/22/2019 TOTAL AREA OF BUFFER MITIGATION (TABM) Mitigation Totals Square Feet Credits Restoration: 206,601 206, 601.000 Enhancement: 0 0.000 Preservation: 0 0.000 Total Riparian Buffer: 206,601 206,601.000 TOTAL NUTRIENT OFFSET MITIGATION Mitigation Totals I Square Feet Credits Nutrient Offset: 1 Nitrogen: 154,666 8,070.677 Phosphorus: 519.814 Table 8 details restoration activities per drainage feature. In accordance with the Consolidated Buffer Rule 15A NCAC 02B .0295 (o)(7) the area of the mitigation site on ephemeral channel (i.e., 11%) is less than 25 percent of the total area being proposed for buffer mitigation. Table 8. Mitigation Area by Drainage Feature- Banished Bull Riparian Buffer Restoration Area Total Area Total Area Feature (ft2) (Ac) N Name 0-100' Mainstem 182,889 4.20 89% UT to Mainstem 23,712 0.54 110 Total Area 206,602 4.74 100% The Sponsor will maintain the following three credit ledgers: • Buffer restoration credit ledger; • Nitrogen nutrient offset credits; and • Phosphorus nutrient offset credit ledger Pursuant to the Site's MBI, the transfer any nutrient offset credits in 101-200' to buffer mitigation credits is not allowed. Also, the Sponsor must request and receive approval from NCDWR prior to any credit conversions and transfers to the credit ledgers. With each conversion and transfer request submitted to the NCDWR, the Sponsor will provide all updated credit ledgers showing all transactions that have occurred up to the date of the request. Banished Bull Mitigation Site DWR Project # 2020-0047 Page 14 Bank Parcel Development Plan 9.0 References NC DEQ. 2009. Neuse River Basinwide Water Quality Plan. Accessed online https://deg.nc.gov/about/divisions/water-resources/planning/basin-planning/water-resource- plans/neuse-2009. Accessed 3/12/20. NCS State Historic Preservation Office. 2020. North Carolina Listings in the National Register of Historic Places. http://www.hpo. ncdcr.gov/NR-PDFs.pdf, accessed January 2020 NC North Carolina Natural Heritage Program. 2020. Natural Heritage Element Occurrences. February 2020. Giese, G.I and Robert R. Mason Jr. 1993. Low -Flow Characteristics of Streams in North Carolina. U.S. Geological Survey Water Supply Paper 2403. North Carolina Geological Survey (NCGS), 1985. Geologic map of North Carolina 1:500,000 scale. Compiled by Philip M. Brown at el. Raleigh, NC, NCGS. Rogers, John J.W., 2006. The Carolina Slate Belt. In Steponaitis, V.P., Irwin, J.D., McReynolds, T.E., and Moore, C.R. (Ed.), Stone Quarries and Sourcing in the Carolina Slate Belt (pp. 10 —15). Retrieved from http://rla.unc.edu/Publications/pdf/ResRep25/Ch2.pdf U.S. Department of Agriculture. 2015. Web Soil Survey Report. Accessed online 2/15/20 http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm U.S. Fish and Wildlife Service. 2012. Endangered and Threatened Species and Species of Concern by County for North Carolina. Online at http://www.fws.gov/raleigh/species/cntylist/orange.html (Accessed 2/10/20). Banished Bull Mitigation Site DWR Project # 2020-0047 Page 15 Bank Parcel Development Plan SUPPORTING FIGURES Figure 1. Watershed Setting and Service Area Figure 2. Project Vicinity Map Figure 3. Project Mapped Soils Figure 4. Historic Site Conditions Figure 5. Existing Conditions Figure 6. Flood Hazard Areas Figure 7. Site Planting Details Figure 8. Mitigation Credit Areas I +\ Ilin9 cr, Caswell i. ' I I \ I 41f.ec/11 ; cee,{ Henderson Person - j - � ,� II .,, Warren / o>F Vance C;e„/ / Pro ect Location Granville i Riparian Buffer Halifax Service Area '• apt t I —L—r/ n l ! ;4 � Upper Falls / r / Lowsbury e t \ 1jr(Franklin Oran Hilllsb-cough 1 l Lower yy Zi /' R I Durham - , I I FaIIS ����Pd_Creek\ h u, i / Srn r asil cn hpl Hill — /'Nash Carrboio r — Rolesvilb: -,y f — -- — i --I -----� ��i 1 \ _ R��er ---------- ------ 1 / Nutrient Offset C,t, �Wakel ri'ghLdale_ mle�l : Service Area r t Chatham - µ ;; HU C 0302fl2Q.. W son Hdl 1 111 'j �� v 03 :, dayton /' Creek P./ j ;`tale r,. Johnstond --SanLee /;:.. / l r, 4k c j • i Ire dsb / Harnett > l�� P� Ml� ree? Wayne Mar-M` Gunn / r e — / re ,den le —r ,Moore', -- Sampson I dCumberlan 1 -- r Hoke`--,> _ri 51,r;nc, Lake ti ; Du lin Falls Lake Service Area - County Boundary Figure 1. Bank Parcel Watershed Setting Lower Falls Watershed �— J Neuse HUC 03020201 and Credit Service Areas. Upper Falls Watershed 0 5 10 20 Miles Watershed Investments NC N 3AN Mckee\' Mckee School Rd School Rd__�_ NC DWR Stream Index 27-2-21-2 NC t at South Fork Little River 0 \AOV Lj/s 0 'i IN" et I A 4F q, 0 'P, 9V M, 00 ers ay 0 0--0 Ln C,ficket 0 \A��l Ln 0- Edmund Latta SR-155 Site Location N\incey Rd 0 SR-1552 K W Farms '0 Ca tef rjoee z Cir Tweed C, _;,,,el d Tr I Walker Rd Roads Figure 2. Site Vicinity Map with USGS Topo & Mapped Streams USGS 24k Streams F-1 Bank Parcel Boundary 0 0.175 0.35 0.7 Miles Watetshed Investments NC Orange County Soil Survey.. 1975. Ta,E-41C aw, I Figure 3. Site Soil Conditions Nmpg Proposed Parcel Boundary Aerial Photography Date: 2017 j _ J Soil Unit Boundaries S 00 w) 0 400 800 Feet Watershed Investments NC L1975 "SSS F v F ;00� IYA t,. Proposed Parcel Boundary 0 Schfey R. 2010 ro M Iw � jib 4 kn..4'►W, �. as .��.a..�n.LJ.._�'�'^.. r_`Jtl�?...iGn'_ii,G. ��. Figure 4. Historic Aerial Photography 400 800 Feet 40 i WATERSHED -�- :Investments? Stream Identification Property Boundary Perennial Contours Ephemeral F-1 Easement Boundary ® Powerline Easement Figure 5. Existing Conditions Aerial Photography Date: 2017 250 500 Feet WATERSHED :Investments? �j plde Place O:r,' c J GJ! dl 2 N Y o r 0 r f%6et t{itt Ln jEdmund N 2d P svg,_ Mckee SchgOMd_:.c } y,A T6 0 tV4 _W2 Parcel Location Mtncey Rd SR-1552 KW Farms. r Ctee e Tweed Trl Q' L QY 61! ,r\ot R� ►,ll�a1�5 � Farm LfUle River So 'rh Cam'. a �o 5 Dt on C o°IN �r�+ers �. o W YCL v Cj' 4 w Z 'L �i t� f' �r r� $ ©r PFAFa ZoneAE: Floodway, 1% Annual Flood Hazard Figure 6. Flood Hazard Areas - Zones AE: 1% Annual Flood Hazard 0.2% Annual Flood Hazard Proposed Parcel Boundary Roads 0 1,000 2,000 4,000 Feet Watershed Investments NC ?Y _ G•� P� �� � y � G`? L • el � ^ u is {7 1 L, 13 13 D 4, ., G• • '' _S V V 6 4 6 ; � 6 ' G 6V� 6P c] ts� G ts�° G C G G G G- {7 G G• T, G• D G• a P 4 r �+ fs 13 ^ 6 v 17,:j . n Ilk ,a ►T [s G. 4 " r r D �6 4 6t7 D 64 _-4 r %A 6 D -6 V sty � V D IV =- a Fenceline Peremial Stream Ephemeral Stream Easement Boundary No Credit Area Stream Channel Area 0-50ft Buffer Credit Arta 51-100ft Buffer Credit Area 101-200ft Nutrient Offset Area 100' Mainstern Buffer Credit Area 100' Ephemeral Buffer Credit Area Newly Installed High -tensile electrified wire fencing 4 Y Gated Crossinc • a- !rennial Buffer Credit Area n XN\ Ephemeral Buffer Credit Area Existing Fence Figure S. Proposed Riparian Buffer Mitigation and Nutrient Offset Areas N I Aerial Photography Date: 2017 V E 0 170 340 Feet - R".,r.. d,..1 T.,,•.«,,,.., �� N(' LIST OF APPENDICES Appendix 1. Site Protection Instrument Appendix 2. NC Division of Water Resource Stream Identification Form Appendix 3. NC Division of Water Resources Site Viability Letter Appendix 4. Site Photos of Existing Conditions Appendix 5. NC Natural Heritage Program Project Review Appendix 6. NC State Historic Program Project Review Appendix 7. EDR Report APPENDIX 1 Site Protection Instrument STATE OF NORTH CAROLINA COUNTY OF ORANGE CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Conservation Easement") made this day of [TBD], by and between WATERSHED INVESTMENTS NC, LLC ("Grantors"), whose address is and [TBD] ("Grantee"). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. RECITALS WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Orange County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein (the "Property"); WHEREAS, WHEREAS, Grantee is a charitable, not -for -profit or educational corporation, association, or trust qualified under § 501 (c)(3) and § 170 (h) of the Internal Revenue Code, and N.C. Gen. Stat. § 121-34 et seq., the purposes or powers of which include one or more of the purposes (a) — (d) listed below; (a) retaining or protecting natural, scenic, or open -space aspects of real property; (b) ensuring the availability of real property for recreational, educational, or open -space use; (c) protecting natural resources; (d) maintaining or enhancing air or water quality. WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the property in its natural state, which includes the following natural communities: riparian buffer areas adjacent to streams and drainage -ways. The purpose of this Conservation Easement is to maintain streams and riparian resources and other natural values of approximately [TBD]_acres, more or less, and being more particularly described in Exhibit B attached hereto and incorporated fully herein by reference (the "Conservation Easement Area"), and prevent the use or development of the Conservation Easement Area for any purpose or in any manner that would conflict with the maintenance of its natural condition. WHEREAS, the restoration, enhancement and preservation of the Conservation Easement Area is a condition of the approval of the Agreement to Establish the Banished Bull Mitigation Banking Instrument in the Neuse River Basin for Riparian Buffer (MBI) and for the Banished Bull Buffer Mitigation and Nutrient Offset Bank Parcel Development Package (BPDP), North Carolina Division of Water Resources (NC DWR) Project ID #2020-0047 which was approved by the NCDWR, and will be made and entered into by and between Watershed Investments NC, LLC, acting as the Bank Sponsor, and the NCDWR. The Banished Bull 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 (to include any successor agencies) ("Third- Parties"), and may be exercised through the appropriate enforcement agencies of the State of North Carolina, and that these rights are in addition to, and do not limit, the rights of enforcement under the NC DWR Project ID# #2020-0047 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 Grantors, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE IL 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 intentional 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 rite of passage for such purposes are prohibited. D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticulture 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 BPDP. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or volunteer trees and shrubs approved in the Mitigation Plan is allowable once a year for no more than five consecutive years from the date on page I of this Conservation Easement, except where mowing will negatively impact vegetation or disturb soil. Mowing activities shall only be performed by Watershed Investments NC and shall not violate any part of Item L in Article II. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the Conservation Easement Area; nor enlargement or modification to existing roads, trails, or walkways. G. Signage. No signs shall be permitted on or over the Conservation Easement Area, except the posting of no trespassing signs, signs identifying the conservation values of the Conservation Easement Area, signs giving directions or proscribing rules and regulations for the use of the Conservation Easement Area and/or signs identifying the Grantor as owner of the Conservation Easement Area. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Conservation Easement Area is prohibited. I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner on the Conservation Easement Area, except to restore natural topography or drainage patterns. 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 on or within the Conservation Easement Area, 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. Subdivision. The Grantor and Grantee agree that the Conservation Easement Area currently consists of [TBD] acres within One [ 1] parcel. The Grantor may not further subdivide the Conservation Easement Area, except with the prior written consent of the Grantee. If Grantor elects to further subdivide any portion of the Conservation Easement Area, Grantor must provide the Grantee the name, address, and telephone number of new owner(s) of all Conservation Easement Area within the Conservation Easement Area, if different from Grantor. No subdivision of the Conservation Easement Area shall limit the right of ingress and egress over and across the Conservation Easement Area for the purposes set forth herein. Further, in the event of any subdivision of the Conservation Easement Area (whether inside or outside of the Conservation Easement Area) provision shall be made to preserve not only Grantee's perpetual rights of access to the Conservation Easement Area, as defined herein, but also Grantee's right of perpetual access to any conservation easements on properties adjacent to the Conservation Easement Area which form a part of or are included in the Mitigation Plan. Creation of a condominium or any de facto division of the Conservation Easement Area is prohibited. Lot line adjustments or lot consolidation without the prior written consent of the Grantee is prohibited. The Grantor may convey undivided interests in the real property underlying the Conservation Easement Area. The Grantor shall notify the Grantee immediately of the name, address, and telephone number of any grantee of an undivided interest in any property within the Conservation Easement Area. M. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited on the Conservation Easement Area other than for temporary or occasional access by the Grantee, its employees and agents, successors, assigns, and the North Carolina Division of Water Resources (DWR) for purposes of constructing, maintaining, and monitoring the restoration, enhancement, and preservation of streams, wetlands, and riparian areas within the Conservation Easement Area. N. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Area which is or may become inconsistent with the purposes of this grant, the preservation of the Conservation Easement Area substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III. GRANTORS' RESERVED RIGHTS The Grantor expressly reserves for themselves, their personal representatives, heirs, successors or assigns, the right to continue the use of the Conservation Easement Area for all purposes, not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement Area, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this Conservation Easement. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantee, its successors and assigns, including Watershed Investments NC, LLC the right to construct and perform activities related to the restoration, enhancement, and preservation of streams and riparian areas within the Conservation Easement Area in accordance with the approved Banished Bull MBI (signed and approved by the DWR [Date TBD]) and the "Banished Bull BPDP" (approved by the DWR on {Date TBD]) described in the Recitals of this Conservation Easement. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors, and assigns, and the North Carolina Division of Water Resources (the "DWR"), shall have the right to enter the Property and Conservation Easement Area at all reasonable times for the purpose of inspecting said Conservation Easement Area to determine if the Grantor, or their personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee, [TBD] 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, the Grantee and the DWR are allowed to prevent any activity on or use of the Conservation Easement Area that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Conservation Easement Area that may be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantors 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 orotherwise 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 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 the 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 Grantors' 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. Grant or 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 Grantors agree 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 Grantors agree to provide written notice of such transfer at least thirty (60) days prior to the date of the transfer. The Grantors 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 DWR. 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 Banished Bull MBI and 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 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. If livestock operations will be maintained on the property, Grantor is responsible for all long-term management activities associated with fencing to ensure livestock do not have access to the Protected Property. These activities include the maintenance and/or replacement of fence structures, as deemed necessary by the Grantee, 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. L 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 Grantors: Watershed Investments, NC Attn: Mike Herrmann 1630 Weatherford Circle Raleigh, NC 27604 To Grantee: [Name & Address TBD] To DWR: NC Division of Water Resources 401 & Buffer Permitting Branch 1617 Mail Service Center, Raleigh, NC 27699 -1617 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 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 scenic, resource, environmental, and other natural characteristics of the Conservation Easement Area, and its current use and state of improvement, are described in the Banished Bull MBI (signed by the DWR on [Date TBD]) and the Banished Bull BPDP (signed and approved by the DWR on [Date TBD]) 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 Grantors have hereunto set their hands and seals, the day and year first above written. Grantor(s) Signature Sign: (SEAL) Print: STATE OF NORTH CAROLINA - COUNTY OF I, , a Notary Public of _ County, State of North Carolina, do hereby certify that [Signee TBD] personally appeared before me this day and acknowledged to me that she voluntarily signed the foregoing instrument for the purposes therein expressed. WITNESS my hand and official stamp or seal, this day of ,[TBD]. Sian: Print: My Commission Expires: - Notary Public EXHIBIT A Being certain portions of the property lying and being in Orange County, North Carolina, and more particularly described as follows: Those certain portions of the property identified on the tax records as tax parcel numbers (a total of 10.00 acres, more or less, as determined by computer) as shown on Map 1 of 1 of the SURVEY TITLE, dated DATE and prepared by SURVEYOR NAME. A copy of the same is hereby attached to this Exhibit for reference. Said Maps to be subsequently recorded at a later date. APPENDIX 2 NC Division of Water Resources Stream Identification Form ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Watershed Investments NC, Inc. Attn: Michael Herrmann 1630 Weatherford Circle Raleigh, NC 27604 NORTH CAROLINA Environmental Quality February 12, 2020 DWR Project # 2020-0047 Orange County Subject: On -Site Determination for Applicability to the Neuse Buffer Rules (15A NCAC 02B .0233) Project Name: Banished Bull Address / Location: Adjacent to 4211 Schley Rd, Rougemont, NC Determination Date: January 28, 2020 Dear Mr. Herrmann: Staff: Niki Maher On January 28, 2020, Niki Maher of the Division of Water Resources conducted an on -site review of features located on the subject property at the request of Watershed Investments NC, LLC to determine the applicability to the Neuse Riparian Area Protection Rules (15A NCAC 02B .0233). The enclosed map(s) depict the feature(s) evaluated. This information is also summarized in the table below. Streams that are considered "Subject" have been located on the most recently published NRCS Soil Survey of Orange County and/or the most recent copy of the USGS Topographic (at 1:24,000 scale) map(s), have been located on the ground at the site, and possess characteristics that qualify them to be at least intermittent streams. Features that are considered "Not Subject" have been determined to not be at least intermittent or not present on the property or not depicted on the required maps. This determination only addresses the applicability to the buffer rules and does not approve any activity within buffers or within waters of the state. There may be other streams or features located on the property that do not appear on the maps referenced above. Any of the features on the site may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. The following table addresses the features rated during the DWR site visit: D E Q North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 iH INA � ^m QU-ft� 919.707.9000 DWR # 2020-0047, Banished Bull Orange County Page 2 of 4 Feature E/1/P/ Other Subject to Buffer Start @ Stop @ Depicted on Depicted on ID Rules Soil Survey USGS Topo Reach 1 Perennial Yes South boundary (mid- East property yes Yes property) boundary @ Schley Rd Reach 2 Not present No (Pond outfall) (Reach 1) yes Yes Reach 3 Other No West property boundary, Reach 1 yes No (wetland) near SW corner of parcel (crenulation) Reach 4 Ephemeral No South property boundary, Confluence with no No woods in SE quadrant q Reach 1 (crenulation) This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) calendar days of the date of this letter to the Director in writing. If sending via U.S. Postal Service: DWR 401 & Buffer Permitting Branch Supervisor 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (UPS, FedEx, etc.) DWR 401 & Buffer Permitting Branch Supervisor 512 N Salisbury St. Raleigh, NC 27604 This determination is final and binding as detailed above, unless an appeal is requested within sixty (60) calendar days. This letter only addresses the features on the subject property and within the proposed project easement and does not approve any activity within buffers or within waters of the state. If you have any additional questions or require additional information, please call Niki Maher at (919) 707- 3633. This determination is subject to review as provided in Articles 3 & 4 of G.S. 150B. Sincerely, e?�&Maic Haupt, Acting Supervisor 401 & Buffer Permitting Branch Enclosures: USGS Topographical Map, NRCS Soil Survey, Site Map cc: 401 & Buffer Permitting Branch files Filename: 20200047BanishedBullDetermination 2-7-2020.docx DWR # 2020-0047, Banished Bull Orange County Page 3 of 4 USGS Topo Map- 2019 Caldwell quad Map attributes are approximately shown i Rea h 1 - Reach 3 Reach 2 Reach 4 j'+` I. 1 NCRS Soil Survey- 1977 Orange County Map, Sheet 11 2 Reach 3 Map attributes are approximately shown ch 4 1 peon{ /(aly:)S TI/V `deW al!S b }o b a2ed AjunoO a2ueap png paysiueg 'Lb00-OZOZ # NM(] APPENDIX 3 NC Division of Water Resources Site Viability Letter ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Michael Herrmann NORTH CARO✓_INA Environmental Quality February I9, 2020 Watershed Investments NC, LLC 1630 Weatherford Circle Raleigh, NC 27604 (via electronic mail: mherrmann@watershedinvestmentsnc.net) DWR4 2020-0047 Re: Site Viability for Buffer Mitigation & Nutrient Offset — Banished Bull Site Adjacent to 4211 Schley Rd, Hillsborough, NC Neuse 03020201, Upper Falls Lake Dear Mr. Herrmann, On December 5, 2019, Katie Merritt, with the Division of Water Resources (DWR), received a request from you on behalf of Watershed Investments NC, LLC (WINO) for a site visit near the above -referenced site in the Upper Falls Lake Watershed of the Neuse River Basin within the 8-digit Hydrologic Unit Code 03020201. The site visit was to determine the potential for riparian buffer mitigation and nutrient offset within a proposed Easement Boundary, which is more accurately shown in the attached map labeled "Figure I". On January 28, 2020, Ms. Merritt performed a site assessment of the subject site. Staff with WINC were also present. Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB) and landward 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. TM� North Carolina Department of Environmental Quality I Division of Water Resources Z!5fQFw512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 nor+ GAOL -1 &;;� a wiry 919.707.9000 Banished Bull Site Watershed Investments NC, LLC February 19, 2020 Feature Classification 1Subject Riparian Land uses Buffer 3Nutrient OMitigation Type Determination w/in riparian areas pnfifte in Buffer adjacent to Feature Credo Viable Offset Bilk L0-2001 3LIable 1 Stream Yes Non -forested pasture Yes Yes Restoration Site per 15A NCAC 02B grazed by cattle. .0295 (o)(n) Minor bank stabilization needed where bank stability is compromised; live stakes will need to be planted to assist in bank stability 2 Not present No N/A No No NIA 3 Not present No N/A No No N/A 4 Ephemeral No Non -forested pasture 2Yes Yes Restoration Site per 15A NCAC 02B grazed by cattle. .0295 (o)(7) 'Subjectivity calls for the features were determined by DWR in correspondence dated February 12, 2020 using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS . 'The area of the mitigation site on ephemeral channels shall comprise no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 02B .0295 (o)(7). 3NC Division of Water Resources - Methodology and Calculations far determining Nutrient Reductions associated with Riparian Buffer Establishment 4 Determinations made for this Site are determined based on the proposal provided in maps and figures submitted with the request. SAIL features proposed for buffer mitigation or nutrient offset, must have a conservation easement established that includes the tops of channel banks when being measured perpendicular and landward from the banks, even when no credit may be viable within the 50' riparian area. Determinations provided in the table above were made using a proposed easement boundary showing proposed mitigation areas. Maps representing the proposal for the Site are attached to this letter and initialed by Ms. Merritt on February 19, 2020. Substantial changes to the proposed easement boundary could affect the Site's potential to generate buffer and nutrient offset credits. This letter does not constitute an approval of this Site to generate buffer and nutrient offset credits. Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any mitigation activities in riparian areas and/or surface waters. All vegetative plantings, performance criteria and other mitigation requirements for riparian restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being viable for nutrient offset credit above, one could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset in accordance with 15A NCAC 02B .0240. Page 2 of 3 Banished Bull Site Watershed Investments NC, LLC February 19, 2020 This viability assessment will expire on February 19, 2022 or upon approval of a mitigation plan by the DWR, whichever comes first. This letter should be provided in any nutrient offset, buffer, stream or wetland mitigation plan for this Site. Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, Mac Haupt, Acting Supervisor 401 and Buffer Permitting Branch MH/kym Attachments: Figure 1, DWR Stream Determination map cc: File Copy (Katie Merritt) Page 3 of 3 �7, Cl i i rlp I .. .. November 20, 2019 PIN: 9887738604 OWNER 1: WATERaflED INVESTMENTS NC --------- Easement Boundary 1:2,400 3 0.02 0.04 0.08 mi 0.0325 0 065 0.13 km f ORANGE COIjNTY NORTH CAROLINA Site Map, 4711 Schley Road t~ .. DWR # 2020-0047, Banished Bull Orange County Page 4 of 4 ��.,�'• 'Features Evaluated: Reaches 1-4 Subject Not Subject Map attributes are approximately shown F "IL 1 ii. IL t � APPENDIX 4 Site Photos of Existing Conditions � � Y '�`x r'�+� r �.�� t ., , . „ .. -. .. i ;, _ y ��. s�j'� ",�, d� S� � '�.' n V .s r 3^4'. j iS:.'�' � �3. _ .pz _ '�v1" =��M -.+ ��r"5 / ,' - _ `�. _ _ � - �"" � .e . •. _. 6' �� F _ y I `. /F �� i Y «� �:. .fi �. ,.,. ., i,r ... _- - i . \ � a�. � 1 �.: Kam.- � $ s. � y �._ `' _ � _.. Photo 4. Mainstem perennial channel near the project's upstream end looking upstream (Photo Date: 06/20/2020). K y� 4 � Photo 7. Banished Bull Mainstem West End (Upstream end) Looking Downstream (Photo Date: 11/23/2019) Photo 8. Banished Bull Site and Mainstem (Photo Date: 1/28/2020) 1 rJ APPENDIX 5 NC Natural Heritage Program Project Review V ■o■ Roy Cooper. Governor •• • NC DEPARTMENT OF ■Ii omm NATURAL AND CULTURAL RESOURCES Susi Hamilton, Secretary A moo Walter Clark, Director, Land and Water Stewardship NCNHDE-11261 February 11, 2020 Mike Herrmann Watershed Investments NC 1630 Weatherford Circle Raleigh, NC 27604 RE. Info Request ID. 18 Dear Mike Herrmann. The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butlerLncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES Q 121 W. JONES STREET. RALEIGH. NC 27603 - 1651 MAIL SERv10E CENTER, P LEIGH, NC 27609 [AFC t�t9,707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Info Request ID. 18 February 11, 2020 NCNHDE-11261 No Element Occurrences are Documented within the Project Area There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present, it may simply mean that the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update our database. No Natural Areas are Documented within the Project Area Managed Areas Documented Within Project Area Ma= ed Area e Owner Owner Type Triangle Land Conservancy Easement Triangle Land Conservancy Private Orange County Open Space - Northeast Park Orange County Local Government NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/content/heir). Data query generated on February 11, 2020; source: NCNHP, Q1 Jan 2020. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Info Request ID. 18 February 11, 2020 NCNHDE-11261 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name st � Element Group Observation Occurrence Date Rank Butterfly 34564 Erynnis martialis Mottled Duskywing 1952-07-01 H Dragonfly or 33764 Somatochlora Damselfly georgiana Freshwater 17551 Fusconaia masoni Bivalve Freshwater 16425 Bivalve Freshwater 4619 Bivalve Vascular Plant 7366 Coppery Emerald Atlantic Pigtoe Strophitus undulatus Creeper Villosa constricts Notched Rainbow Ranunculus ambigens Water -plantain Spearwort 2004-Pre H? 2011-04-26 B 2010-03-23 E 2010-03-23 E 1963-07 H Natural Areas Documented Within a One -mile Radius of the Project Area Site NamlOOOF Representational Rating NEU/Little River (Orange/Durham) Aquatic Habitat R4 (Moderate) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Triangle Land Conservancy Easement Triangle Land Conservancy Orange County Open Space - Northeast Park Orange County Accuracy Federal Status 5-Very --- Low 5-Very --- Low 3-Medium Proposed Threatened 3-Medium --- 3-Medium --- 3-Medium Collective Rating C3 (High) kwner Type Private Local Government State Global State Status Rank Rank Significantly G3 S2 Rare Significantly G3G4 S2? Rare Endangered G2 S3 Threatened G5 S3 Threatened G3 S3 Special G4 SH Concern Historical Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/content/heir). Data query generated on February 11, 2020; source: NCNHP, Q1 Jan 2020. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 3 of 4 NCNHDE-11261: Info Request ID: 18 Schley hkKeo School Rd \n41 oaf" _ 9 �5 iSP n v S9rt.10 ��m,irc7 l,a:C� iy,r 's M� 9� ,d52h Floyd find yY Y7, K N ' W+E S February 11, 2020 © Project Boundary Buffered Project Boundary NHP Natural Area (NHNA) E] Managed Area (MAREA) 1:21,921 0 0.175 0.35 0.7 mi 0 0.3 0,6 1.2 km Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEECO, USGS, FAO, NP5, NRCAN, GEOBase, IGN, Kadaster NL„ Ordnance Survey, Esn Japan, METI, Esri China (Hoag Kong), (c) OpenStreetMap contributors, and the GIS User Community Page 4 of 4 APPENDIX 6 NC State Historic Preservation Office Project Review North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton January 28, 2020 Mike Hermann Watersheds Investment NC 1630 Weatherford Circle Raleigh, NC 27604 Office of tlrchives and History Deputy Secretary Kevin Cherry Re: Banished Bull Nutrient and Buffer Mitigation Bank Site, 4211 Schley Road, Hillsborough, Orange County, ER 20-0069 Dear Mr. Hermann: Thank you for your email of December 27, 2019, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review&ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, �L� %akdL�L4�� amona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 80 7-6570/807-6599 APPENDIX 7 EDR Report - Excutive Summary and Key Findings Kirby Valley Grassy Ridge Road / Schley Road Hillsborough, NC 27278 Inquiry Number: 5733693.2s July 30, 2019 6 Armstrong Road, 4th floor Shelton, CT 06484 E DR° Toll Free: 800.352.0050 www.edrnet.com FORM-LBE-CCA TABLE OF CONTENTS SECTION PAGE Executive Summary------------------------------------------------------- ES1 Overview Map 2 Detail Map 3 Map Findings Summary---------------------------------------------------- 4 Map Findings 8 Orphan Summary--------------------------------------------------------- 9 Government Records Searched/Data Currency Tracking GR-1 GEOCHECK ADDENDUM Physical Setting Source Addendum------------------------------------------ A-1 Physical Setting Source Summary A-2 Physical SettingSSURGOSoilMap------------------------------------------- A-5 Physical Setting Source Map A-13 Physical Setting Source Map Findings---------------------------------------- A-15 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 2019 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. TC5733693.2s 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), the ASTM Standard Practice for Environmental Site Assessments for Forestland or Rural Property (E 2247-16), the ASTM Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process (E 1528-14) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. TARGET PROPERTY INFORMATION ADDRESS GRASSY RIDGE ROAD / SCHLEY ROAD HILLSBOROUGH, NC 27278 COORDINATES Latitude (North): Longitude (West): Universal Tranverse Mercator: UTM X (Meters): UTM Y (Meters): Elevation: 36.1504790 - 36' 9' 1.72" 79.0472890 - 79' 2' 50.24" Zone 17 675672.9 4002204.5 594 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: 5947438 CALDWELL, NC Version Date: 2013 AERIAL PHOTOGRAPHY IN THIS REPORT Portions of Photo from: 20140619 Source: USDA TC5733693.2s EXECUTIVE SUMMARY 1 F- MAPPED SITES SUMMARY Target Property Address: GRASSY RIDGE ROAD / SCHLEY ROAD HILLSBOROUGH, NC 27278 Click on Map ID to see full detail. MAP RELATIVE DIST (ft. & mi.) ID SITE NAME ADDRESS DATABASE ACRONYMS ELEVATION DIRECTION 1 MINCEY ROAD MINCEY ROAD DEBRIS Higher 1808, 0.342, SW 5733693.2s 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 TC5733693.2s 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 LCID__________________________ Land -Clearing and Inert Debris (LCID) Landfill Notifications State and tribal leaking storage tank lists LAST__________________________ Leaking Aboveground Storage Tanks LUST -------------------------- Regional UST Database 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 UST__________________ 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 VCP___________________________ Responsible Party Voluntary Action Sites INDIAN VCP__________________ Voluntary Cleanup Priority Listing State and tribal Brownfields sites BROWNFIELDS______________ Brownfields Projects Inventory M111111[07ki/_1a4ki1y/l :IQ kiI TJI=I,III r_la:7x0161N119 Local Brownfield lists US BROWNFIELDS----------- A Listing of Brownfields Sites Local Lists of Landfill / Solid Waste Disposal Sites SWRCY_______________________ Recycling Center Listing TC5733693.2s EXECUTIVE SUMMARY 4 EXECUTIVE SUMMARY HIST LF_______________________ Solid Waste Facility 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 HMI RS_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Hazardous Materials Information Reporting System SPILLS________________________ Spills Incident Listing IMD___________________________ Incident Management Database 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-------------------------- FI FRA/ TSCA Tracking System - FI FRA (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 RADI NFO_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Radiation Information Database H I ST FTTS-------------------- FI FRA/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 TC5733693.2s EXECUTIVE SUMMARY 5 EXECUTIVE SUMMARY US AIRS_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Aerometric Information Retrieval System Facility Subsystem US MINES____________________ Mines Master Index File ABANDONED MINES --------- Abandoned Mines FINDS_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . Facility Index System/Facility Registry System ECHO_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Enforcement & Compliance History Information UXO --------------------------- Unexploded Ordnance Sites DOCKET HWC---------------- Hazardous Waste Compliance Docket Listing FUELS PROGRAM_ _ _ _ _ _ _ _ _ _ _ EPA Fuels Program Registered Listing AIRS__________________________ Air Quality Permit Listing ASBESTOS___________________ ASBESTOS 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 AOP--------------------------- Animal Operation Permits Listing PCSRP------------------------ Petroleum -Contaminated Soil Remediation Permits SEPT HAULERS_ _ _ _ _ _ _ _ _ _ _ _ _ _ Permitted Septage Haulers Listing CCB___________________________ Coal Ash Structural Fills (CCB) Listing EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP_____________________ EDR Proprietary Manufactured Gas Plants EDR Hist Auto_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . EDR Exclusive Historical Auto Stations EDR Hist Cleaner_ _ _ _ _ _ _ _ _ _ _ _ _ EDR Exclusive Historical 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. TC5733693.2s EXECUTIVE SUMMARY 6 EXECUTIVE SUMMARY STANDARD ENVIRONMENTAL RECORDS State and tribal landfill and/or solid waste disposal site lists DEBRIS: NCDEQ Division of Waste Management Solid Waste Section Temporary Disaster Debris Staging Site (TDDSS) Locations which are available to be activated in a disaster or emergency.. Disaster Debris Sites can only be used for temporary disaster debris storage if the site's responsible party activates the site for use by notifying the NCDEQ DWM Solid Waste Section staff during an emergency A review of the DEBRIS list, as provided by EDR, and dated 03/19/2019 has revealed that there is 1 DEBRIS site within approximately 0.5 miles of the target property. Equal/Higher Elevation Address Direction / Distance Map ID Page MINCEY ROAD MINCEY ROAD SW 1/4 - 1/2 (0.342 mi.) 1 TC5733693.2s EXECUTIVE SUMMARY 7 EXECUTIVE SUMMARY There were no unmapped sites in this report. TC5733693.2s EXECUTIVE SUMMARY 8 OVERVIEW MAP - 5733693.2S Target Property A Sites at elevations higher than or equal to the target property ♦ Sites at elevations lower than the target property 1 Manufactured Gas Plants National Priority List Sites Dept. Defense Sites 0 1/4 1/2 1 Mlles Indian Reservations BIA ,i Hazardous Substance Power transmission lines Disposal Sites 100-year flood zone 500-year flood zone ■ National Wetland Inventory El State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Kirby Valley CLIENT: Mike Herrmann ADDRESS: Grassy Ridge Road / Schley Road CONTACT: Mike Herrmann Hillsborough NC 27278 INQUIRY #: 5733693.2s LAT/LONG: 36.150479 / 79.047289 DATE: July 30, 2019 9:52 am Copyright �o 2019 EDR, Inc. (,) 2015 TonnTom Rel. 2015. DETAIL MAP - 5733693.2S IV Target Property A Sites at elevations higher than or equal to the target property ♦ Sites at elevations lower than the target property 1 Manufactured Gas Plants i Sensitive Receptors National Priority List Sites Dept. Defense Sites 0 1/16 1/9 1/4 Mlles Indian Reservations BIA ELI Hazardous Substance 100-year flood zone Disposal Sites 500-year flood zone National Wetland Inventory 0 State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Kirby Valley CLIENT: Mike Herrmann ADDRESS: Grassy Ridge Road / Schley Road CONTACT: Mike Herrmann Hillsborough NC 27278 INQUIRY #: 5733693.2s LAT/LONG: 36.150479 / 79.047289 DATE: July 30, 2019 9:52 am Copyright �o 2019 EDR, Inc. (,) 2015 TonnTom Rai. 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 1.000 0 0 0 0 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 DEBRIS 0.500 0 0 1 NR NR 1 LCID 0.500 0 0 0 NR NR 0 TC5733693.2s Page 4 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 State and tribal leaking storage tank lists LAST 0.500 0 0 0 NR NR 0 LUST 0.500 0 0 0 NR NR 0 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 VCP 0.500 0 0 0 NR NR 0 INDIAN 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 Local Lists of Landfill / Solid Waste Disposal Sites SWRCY 0.500 HIST LF 0.500 INDIAN ODI 0.500 DEBRIS REGION 9 0.500 ODI 0.500 IHS OPEN DUMPS 0.500 Local Lists of Hazardous waste / Contaminated Sites US HIST CDL 0.001 US CDL 0.001 Local Land Records LIENS 2 0.001 Records of Emergency Release Reports HMIRS 0.001 SPILLS 0.001 I M D 0.500 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 NR NR NR NR 0 0 NR NR NR NR 0 0 NR NR NR NR 0 0 NR NR NR NR 0 0 NR NR NR NR 0 0 0 0 NR NR 0 TC5733693.2s Page 5 MAP FINDINGS SUMMARY Search Distance Target Database (Miles) Property < 1 /8 1/8-1/4 1/4-1/2 1/2-1 > 1 SPILLS 90 0.001 0 NR NR NR NR SPILLS 80 0.001 0 NR NR NR NR Other Ascertainable Records RCRA NonGen / NLR 0.250 0 0 NR NR NR FUDS 1.000 0 0 0 0 NR DOD 1.000 0 0 0 0 NR SCRD DRYCLEANERS 0.500 0 0 0 NR NR US FIN ASSUR 0.001 0 NR NR NR NR EPA WATCH LIST 0.001 0 NR NR NR NR 2020 COR ACTION 0.250 0 0 NR NR NR TSCA 0.001 0 NR NR NR NR TRIS 0.001 0 NR NR NR NR SSTS 0.001 0 NR NR NR NR ROD 1.000 0 0 0 0 NR RMP 0.001 0 NR NR NR NR RAATS 0.001 0 NR NR NR NR PRP 0.001 0 NR NR NR NR PADS 0.001 0 NR NR NR NR ICIS 0.001 0 NR NR NR NR FTTS 0.001 0 NR NR NR NR MLTS 0.001 0 NR NR NR NR COAL ASH DOE 0.001 0 NR NR NR NR COAL ASH EPA 0.500 0 0 0 NR NR PCB TRANSFORMER 0.001 0 NR NR NR NR RADINFO 0.001 0 NR NR NR NR HIST FTTS 0.001 0 NR NR NR NR DOT OPS 0.001 0 NR NR NR NR CONSENT 1.000 0 0 0 0 NR INDIAN RESERV 1.000 0 0 0 0 NR FUSRAP 1.000 0 0 0 0 NR UMTRA 0.500 0 0 0 NR NR LEAD SMELTERS 0.001 0 NR NR NR NR US AIRS 0.001 0 NR NR NR NR US MINES 0.250 0 0 NR NR NR ABANDONED MINES 0.250 0 0 NR NR NR FINDS 0.001 0 NR NR NR NR ECHO 0.001 0 NR NR NR NR UXO 1.000 0 0 0 0 NR DOCKET HWC 0.001 0 NR NR NR NR FUELS PROGRAM 0.250 0 0 NR NR NR AIRS 0.001 0 NR NR NR NR ASBESTOS 0.001 0 NR NR NR NR COAL ASH 0.500 0 0 0 NR NR DRYCLEANERS 0.250 0 0 NR NR NR Financial Assurance 0.001 0 NR NR NR NR NPDES 0.001 0 NR NR NR NR UIC 0.001 0 NR NR NR NR AOP 0.001 0 NR NR NR NR PCSRP 0.500 0 0 0 NR NR SEPT HAULERS 0.001 0 NR NR NR NR Total Plotted TC5733693.2s 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 CCB 0.500 0 0 0 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 0 411:aNx9161Tl4N=I1Zr161T/4NkiIdjI=Iki11r_VZN:119*? Exclusive Recovered Govt. Archives RGA HWS 0.001 0 NR NR NR NR 0 RGA LF 0.001 0 NR NR NR NR 0 RGA LUST 0.001 0 NR NR NR NR 0 - Totals -- 0 0 0 1 0 0 1 NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database TC5733693.2s Page 7 Map ID MAP FINDINGS Direction Distance Elevation Site 1 MINCEY ROAD SW MINCEY ROAD 1/4-1/2 LITTLE RIVER TOWNSHIP, NC 0.342 mi. 1808 ft. Relative: DEBRIS: Higher IDS Number: DS68-003 Actual: Size of Site: 5.28 Acres 630 ft. Type of Debris: YW/LC Contact: Robert Williams Contact Phone: 919-968-2788 Second Contact: Bruce Woody Second Contact Phone: 919-358-0479 Confirm Year: 2016 Status: Not Active Latitude: 36.14488 Longitude: -79.05245 EDR ID Number Database(s) EPA ID Number DEBRIS S122874145 N/A TC5733693.2s Page 8