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20180180 Ver 2_BPDP Final_20190312ID#* 20180180 Select Reviewer:* Mac Haupt Initial Review Completed Date 03/13/2019 Mitigation Project Submittal - 3/12/2019 Version* 2 Is this a Prospectus, Technical Proposal or a New Site? * Type of Mitigation Project:* W Stream W Wetlands W Buffer r Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* Cara Conder Project Information Existing 20180180 (DWR) (nunbersonly ...nodash) ID#:* Project Type: (- DMS r Mitigation Bank Project Name: Hollowell County: Wayne Document Information C' c� Email Address:* cara@waterlandsolutions.com Existing 2 Version: (nunbersonly) Mitigation Document Type:* Mitigation Plans File Upload: Hollowell BPDP Final.pdf 23.7MB Rease upload only one RDF of the conplete file that needs to be subnitted... Signature Print Name:* Cara Conder Signature: Hollowell Bank Parcel Development Plan Riparian Buffer & Nutrient Offset Mitigation Bank DWR #2018-0180v2 Wayne County, North Carolina Neuse River Basin (HUC 03020201) March 2019 Prepared by: WATER & LAND SOLUTIONS 7721 SIX FORKS ROAD, SUITE 130, RALEIGH, NC 27615 (919) 614 - 5111 1 waterlondsolutions.com Hollowell Bank Parcel Development Plan Table of Contents 1 Introduction...............................................................................................................................................4 1.1 Project Location............................................................................................................................4 1.2 Project Description........................................................................................................................4 2 Project Area - Existing Conditions..............................................................................................................5 2.1 Reach Descriptions........................................................................................................................5 2.2 Existing Wetlands..........................................................................................................................6 2.3 Soils............................................................................................................................................... 6 2.4 Existing Vegetative Communities.................................................................................................7 2.5 Threatened and Endangered Species...........................................................................................8 2.6 Cultural Resources........................................................................................................................8 2.7 Constraints....................................................................................................................................8 2.8 FEMA Floodplain / Floodway Mapping.........................................................................................8 3 Proposed Neuse Buffer & Nutrient Offset Restoration Plan.....................................................................8 3.1 Parcel Preparation........................................................................................................................9 3.2 Riparian Restoration.....................................................................................................................9 3.3 Riparian Preservation..................................................................................................................10 3.4 Planting.......................................................................................................................................10 4 Monitoring and Maintenance Plan..........................................................................................................11 4.1 Monitoring Protocol....................................................................................................................11 4.2 Adaptive Management Plan.......................................................................................................12 4.3 Conservation Easement..............................................................................................................12 5 Credit Release Schedule...........................................................................................................................12 6 Financial Assurance..................................................................................................................................13 7 Mitigation Potential.................................................................................................................................14 8 Citations...................................................................................................................................................16 Page 2 Figures Figure 1 ................... Figure 2 ................... Figure 3 ................... Figure 4 ................... Figure 5 ................... Figure 6 ................... Figure 7 ................... Figures 8a and b...... Appendices Hollowell Bank Parcel Development Plan ................................................................Service Area Map ..........................................................Project Location Map ................................................................... NRCS Soils Map ................................................................... Floodplain Map ..............................................................Existing Conditions .................Proposed Buffer and Nutrient Restoration Plan ..............Stream and Wetland Mitigation Conceptual Plan ................................................. Proposed Monitoring Map Appendix A............................................................................................... DWR Determinations and Viability Appendix8...................................................................................................................................... Photo Log Appendix C..................................................................................................... Model Conservation Easement Page 3 4 Hollowell Bank Parcel Development Plan 1 Introduction The Hollowell Nutrient Offset and Buffer Mitigation Bank Parcel ("Parcel") is proposed under the terms and conditions of the Hollowell Nutrient Offset and Buffer Mitigation Banking Instrument (MBI), made and entered into by Water and Land Solutions, LLC (WLS), acting as Bank Sponsor ("Sponsor"), and the North Carolina Department of Environmental Quality ("NCDEQ"), Division of Water Resources ("DWR"). The Parcel shall be planned and designed according to the MBI, 15A NCAC 02B.0240, and the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295, which became effective on November 1, 2015. The Bank Parcel Development Plan ("BPDP") will be designed in concurrence with the WLS Neuse 01 Stream and Wetland Umbrella Mitigation Bank, Hollowell Mitigation Site (SAW #2017-00159). The mitigation plan for the Hollowell Mitigation Site has not been submitted to the Interagency Review Team, but a prospectus has been approved. This Parcel is proposed to provide riparian buffer and nutrient offset mitigation credits for unavoidable impacts due to development in the Neuse River Basin, United States Geologic Survey (USGS) 8 -digit Hydrologic Unit Code (HUC) 03020201, excluding the Falls Lake watershed. Nutrient offset credits may be used for stormwater requirements for new and existing development requiring nutrient offsets. The Parcel service area is depicted in Figure 1. 1.1 Project Location The Parcel (35.35814 N, 78.11642 W) is located in Wayne County, North Carolina, approximately seven miles southwest of the Town of Goldsboro (Figure 2). The site boundary is within the 8 -digit HUC 03020201, in the NCDEQ sub -basin 03-04-02 (Warm Water Thermal Regime). To access the site from Raleigh, NC, take Exit 309 from 1-40 for US Highway 70 East and continue for approximately 17 miles. Keep left for US 70 Bypass East and continue approximately four miles and turn right onto Creechs Mill Road. Continue on Creechs Mill Road for approximately three miles and turn left onto Brogden Road and continue approximately eight miles. Continue onto Old Smithfield Road approximately one mile and turn right onto Lassiter Road. Continue on Lassiter Road approximately two miles and turn right onto Ferry Bridge Road. Continue on Ferry Bridge Road for approximately two miles and turn left onto Stevens Mill Road. Continue on Stevens Mill Road approximately two miles and arrive at the site entrance on the left. 1.2 Project Description The Parcel encompasses land along unnamed tributaries to the Neuse River in Wayne County, NC, and is in row crop agricultural and silvicultural land use. Historically, the project stream reaches have been extensively ditched to promote rapid drainage from the adjacent farm fields. This disturbance has resulted in stream channel incision and a permanent disconnection from the streams' relic floodplain. Most of the project stream reaches have been completely or partially cleared with some areas of forested or successional riparian buffer. Currently, the project reaches act as significant sources of nutrient contamination to the project watershed and the Neuse River. The project will involve the restoration and preservation of Neuse buffers and other riparian areas in order to help reduce non -point source discharge of contaminants into streams and agricultural ditch channels within the Neuse River basin. The project area is comprised of two separate easement locations and is approximately 69.92 acres, which includes the stream and wetland mitigation areas. The western Page 4 4 Hollowell Bank Parcel Development Plan easement area consists of UTI -R1 and UT1-R2 which drain directly to the Neuse River. The eastern easement area consists of UT2-R1, UT2-R2, UT2-R3, which drain directly to the Neuse River; and UT2A and UT213, which drain to the mainstem UT2. The Neuse River is listed as a 'Class C' nutrient sensitive water (C; NSW), according to the North Carolina Division of Water Resources (NCDWR) (2018). Out of the 69.92 acres, 17.98 acres will be restored for Neuse buffer credit, 28.89 acres will be restored for nutrient offset restoration credit, and 6.00 acres will be buffer preservation. There will be 0.25 acres of non -credited buffer preservation in the easement area. In general, Neuse buffer widths will extend a minimum width of 50 feet from tops of stream and ditch banks, while nutrient offset restoration area widths will extend out to a maximum of 200 feet from the top of the channel or ditch bank. The buffer restoration credit adjacent to coastal headwater stream mitigation is classified as alternative mitigation under Rule 15A NCAC 02B .0295 (0)(2) and is discussed in Section 3.3. The buffer preservation credit is classified as alternative mitigation under Rule .0295 (o) and is discussed in Section 3.3. The DWR performed an onsite Site Viability for Buffer Mitigation and Nutrient Offset on January 11, 2019 (letter dated February 5, 2019) for the Parcel (Appendix A). 2 Project Area - Existing Conditions 2.1 Reach Descriptions UT1-R1 originates as a small headwater stream and wetland complex at the top of the catchment. The perennial stream reach has a drainage area of 184 acres. Due to historic land use activities (silviculture), it is likely the stream was straightened and manipulated as it flows through the existing agricultural fields. The riparian buffer and habitat features along this reach segment have been degraded through the removal of native buffer vegetation and draining manipulation activities to implement silviculture practices. Ditch 1 (D1) drains directly to UT1-R1 and has a drainage area of 29 acres. The restored acreage for D1 is 1.03 acres, and the watershed draining to the ditch is at least four times larger than the restored areas. UT1-R2 continues flowing towards the Neuse River. UT1-R2 has a drainage area of 260 acres. Because of historic land use activities (row crop agriculture), the stream has been straightened and deepened, thereby draining any associated wetlands. There is also a series of small lateral ditches that connect to the primary flow path. UT1-R2 is actively subject to water quality stressors, mainly in the form of nutrient inputs and minimal riparian buffer widths. UT2-R1 originates at a hillslope seep within a relatively undeveloped drainage area. The drainage area is approximately 45 acres. The headwater stream is currently a high functioning, multi -thread channel with associated riparian wetlands before flowing into the adjacent field area. As the tributary flows to its confluence with UT2A, the channel has been relocated against the edge of the field and straightened to maintain oversized ditch characteristics. UT2C is an intermittent tributary that flows into UT2-R1. As UT2-R2 transitions from the wooded area of UT2-R1 to downstream below the road crossing, the stream remains channelized with no riparian buffer vegetation. The perennial tributary has a drainage area of 252 acres. UT2-R2 is actively subject to water quality stressors, mainly in the form of nutrient inputs and minimal riparian buffer widths. Ditch 2 (D2) drains directly to UT2-R2 and has a drainage area Page 5 4 Hollowell Bank Parcel Development Plan of 22 acres. The restored acreage for D1 is 1.70 acres, and the watershed draining to the ditch is at least four times larger than the restored areas. UT2-R3 continues flowing to the north towards the Neuse River. UT2-R3 has a drainage area of 512 acres. The stream and associated wetlands in this area have been manipulated in the past (culvert crossing and row crop agriculture), however the current stream conditions are mostly stable throughout the entire reach length. In addition, preliminary investigations identified significant mussel (Elliptio sp.) communities along the wooded portion of UT2-R3. The presence of the mussels offers a unique opportunity for long- term protection of these critical aquatic habitats. UT2-R3 is actively subject to water quality stressors, mainly in the form of nutrient inputs and marginal riparian buffer widths. UT2A is a small headwater tributary that flows east towards the culvert crossing and UT2-R2. Within the Parcel, the stream has been straightened and deepened, thereby draining any associated wetlands. The reach is oversized and exhibits little to no habitat value. The drainage area is 69 acres. UT2-R2 is actively subject to water quality stressors, mainly in the form of nutrient inputs and minimal riparian buffer widths. UT213 is a perennial tributary that flows to the mainstem along UT2-R2. The valley is moderately to well - defined in this area, and the reach is mostly stable and exhibits minimal bank erosion. The channel appears to be within its natural valley, and the existing buffer is vegetated. 2.2 Existing Wetlands Preliminary site investigations determined that degraded jurisdictional wetlands are present throughout the headwater stream valleys. After on-site streams were ditched, straightened and/or deepened, groundwater elevations were altered such that many of the historic riparian wetlands along the relic floodplain were drained and lost. These areas have been utilized for agricultural use over the past 60 years and have lost the majority of their historic wetland function. Areas within the site that were not timbered or where stream sections were not severely modified maintain the presence of jurisdictional wetlands. 2.3 Soils The Parcel is located in the Inner Coastal Plain Physiographic Region. The project area is located along the Neuse River which represents a transitional zone or fall line between the eastern Piedmont and Inner Coastal Plain. As shown on the NRCS Soils Map (Figure 3), there are seven main soil types on the Parcel: Bibb sandy loam, Lumbee sandy loam, Pantego loam, Weston loamy sand, Kenansville loamy sand, Norfolk loam, and Torhunta loam. The Parcel soils are commonly defined by a sandy loam surface layer, predominantly sandy and loamy subsoil alluvium with loamy/silty marine deposits. Page 6 4 Hollowell Bank Parcel Development Plan Table 1. Project Soil Types Bb Bibb sandy loam, 0-2% A/D Poorly Eastern area of UT2-R2, UT2-R3, slopes and UT2B Lv Lumbee sandy loam, 0- B/D Poorly Southern area of UT1-R1 and UT1- 2% slopes R2 Po Pantego loam, 0-1% B/D Very poorly Northern area of UT1-R2 slopes We Weston loamy sand, 0- A/D Poorly UT2-R1 and UT2A 2/o slopes Ke Kenansville loamy sand, A Well Middle of western easement area 0-3% slopes Nob Norfolk loam, 2-6% A Well Western area of UT2-R3 and UT2-B; slopes northern area of UT1-R2 To Torhunta loam, 0-2% A/D Very poorly Far eastern area of eastern slopes easement 2.4 Existing Vegetative Communities Row Crop Areas The majority of the Parcel is in row crop production as soybean and corn (right bank of UTI -R1, UTI -R2, UT2-R2, UT2A, and left bank of UT2-R3). There is some fringe growth of immature native vegetation on UT1-R2. These areas are being proposed for riparian restoration to generate buffer and nutrient offset credits. Forested Areas UT1-R1 originates in a regenerated forest area consisting of red maple (Acer rubrum), sweetgum (Liquidambarstyraciflua), and loblolly pine (Pinus taeda). Downstream, there is a ditch that drains directly to this reach that has a fringe buffer of red maple, sweetgum, and Chinese privet (Ligustrum sinense). The left bank of this reach is forested, and the right bank is in crop production. The downstream portion of UT1-R2 drains directly to the Neuse River and consists of bald cypress (Taxodium distichum) and swamp tupelo (Nyssa biflora) on the right bank. UT2-R1 originates in a bottomland hardwood forest consisting of water oak (Quercus nigra), swamp chestnut oak (Quercus michauxii), sweetgum, red maple, and American Holly (Ilex opaca) in the understory. UT2B and the right bank of UT2-R3 is entirely forested and is a bottomland hardwood forest with similar canopy species as UT2-R1. The left bank has varying levels of forested buffer. The surrounding land has been periodically logged, and many tree species located in surrounding riparian areas are now mid successional. The species in these areas are not necessarily indicative of what would have been on site before human disturbance. Invasive Species There are currently no substantial communities of invasive plant species within the proposed project boundaries. There is Chinese Privet on the fringe buffer of the ditch in the floodplain of UT1-R1; however, there is also regrowth of native species and spot treatment will occur in this area. Page 7 4 Hollowell Bank Parcel Development Plan 2.5 Threatened and Endangered Species Based on a review of the US Fish and Wildlife Service (USFWS) database, there is currently one federally - listed threatened and endangered species known to occur in Wayne County: red -cockaded woodpecker (Picoides borealis). Project implementation is not anticipated to have a negative impact on this species. 2.6 Cultural Resources In accordance with the National Historic Preservation Act, WLS investigated and confirmed that the proposed project area and property do not contain nor are adjacent to any properties listed by the National Register of Historic Places or the North Carolina State Historic Preservation Office (NCSHPO). There are no properties currently on the National Register of Historic Places within one mile of the Parcel, and the nearest site is the Stevens Mill, which is approximately one mile from the project area. On-site investigations and discussions with the landowners have not disclosed any potential resources or occurrences of this type on the property. 2.7 Constraints There are no existing easements on the Parcel. There is an existing private overhead electric utility corridor that runs east to west across the site. A narrow break has been included perpendicularly across the conservation easement boundary along the limits of the described existing utility corridor for a 50 foot transmission line easement (Figure 5). Any easement breaks will permanently exclude the existing easement corridors from the conservation easement boundary. Also, there is an existing culverted road crossing at UT2-R2 and UT1-R2. The culvert sizes and locations may remain, and therefore will be excluded from the conservation easement boundary. 2.8 FEMA Floodplain / Floodway Mapping The downstream portions of UT1 and UT2 are located within a FEMA regulated floodplain (Zone 'AE') (Figure 4). While it is not anticipated that there will be issues associated with FEMA permitting or documentation, WLS will coordinate with the local floodplain administrator as needed and prepare the required documentation to obtain approval for any FEMA regulated impacts. In addition, the project will be designed so that any increase in flooding will be contained within the project boundary and will not impact adjacent landowners; therefore, hydrologic trespass will not be a concern. 3 Proposed Neuse Buffer & Nutrient Offset Restoration Plan Riparian restoration and preservation adjacent to streams was approved by the DWR in their letter dated February 5, 2019 (Attachment A). This site is also being proposed as a stream and wetland mitigation bank, and restoration of riparian areas will be accomplished through the goals and methods outlined by the WLS Neuse 01 Stream & Wetland Umbrella Mitigation Banking Instrument, Hollowell Mitigation Plan (SAW -2017-00159) and the Hollowell Riparian Buffer Nutrient Offset Mitigation Banking Instrument. All riparian restoration and preservation buffer mitigation activities along channels will begin from the tops of the banks and extend a maximum of 200 feet perpendicular to the stream channel where possible pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to Page 8 4 Hollowell Bank Parcel Development Plan 15A NCAC 02B .0240. Riparian restoration adjacent to the ditch will begin from the top of the ditch bank and extend outward 200 feet. All applicable federal, state, and local documentation, permits, and/or authorizations will be acquired as part of implementing the above-mentioned mitigation plan and will be provided to DWR as part of the As -Built Report, including Section 401, Section 404 and Sediment and Erosion Control permits. The restoration of the Parcel will require converting existing agriculture land use practices within riparian areas adjacent to streams and ditches into a dense and diverse vegetated riparian forest. The riparian areas will be replanted with appropriate native tree species. The restoration of the riparian buffer will provide stabilization and improve water quality to tributaries that drain directly to the Neuse River. 3.1 Parcel Preparation The current land uses adjacent to the streams and ditches proposed for riparian restoration are primarily non -forested croplands (Figure 5). The forested fringe buffers are proposed for riparian buffer preservation. The riparian restoration areas will require limited site preparation in addition to the stream and wetland construction. Headwater stream restoration activities will include excavating a broader floodplain at or slightly above the existing bed elevation and will seek to restore groundwater hydrology and connection of surface flows. The design concept will address the current channel's dimension, pattern, and profile to create stable conditions. Also, a compromised culvert (15 -inch CVP) on D2 will be replaced. Wetland restoration activities will include minimal grading and blending of microtopography. After construction activities, the subsoil will be ripped and disked and the topsoil is placed back over the site. Site preparation will also include select herbicide treatments or select mechanical clearing to remove undesirable underbrush or invasive species as needed. Diffuse flow will be maintained in the buffers. The Sponsor might utilize mechanical equipment periodically in the first few years after planting to enhance vegetative growth. Mowing will not take place within the first 50 feet (Zone A) of restored buffer after planting unless absolutely necessary. Additionally, selective applications of a pre -emergent herbicide will be used to control weedy competition. 3.2 Riparian Restoration A riparian headwater valley restoration approach is proposed for UT1-R1, UT2-R1, and UT2A. Headwater stream restoration activities will include excavating a broader floodplain at or slightly above the existing bed elevation and will seek to restore groundwater hydrology and connection of surface flows. The restoration of UTI -R1 will end near the field edge as the valley turns to the northeast towards the Neuse River. At this location, the channel will gradually transition into a single thread channel and the ditch that flows offsite will be plugged up to the property line. UTI -R2, UT2-R2 and UT2-R3 will involve restoration by constructing a single thread meandering channel across the geomorphic floodplain, increasing the width/depth ratio, and raising the streambed (Rosgen Priority Level 1). Both ditches (D1 and D2) are viable for buffer and nutrient offset credits per 15A NCAC 0295 (o)(8). Figure 6 depicts the nutrient and buffer restoration plan based on existing top of bank conditions. Figure 7 depicts the stream and wetland conceptual plan. The riparian buffer credits that are located adjacent to coastal headwater valley Page 9 4 Hollowell Bank Parcel Development Plan restoration will be based on the centerline of the channel and will be reported in the As -Built Report. These credits will be withheld until the As -Built survey has been finalized. The revegetation plan for the entire riparian restoration area will include permanent seeding, planting bare root trees, live stakes, and controlling invasive species growth. If temporary seeding is applied from November through April, rye grain will be used and applied at a rate of 130 pounds per acre. If applied from May through October, temporary seeding will consist of browntop millet, applied at a rate of 40 pounds per acre. The permanent seed mix will consist of a riparian seed mix and wetland seed mix. The riparian restoration efforts along the project streams will be adjacent to reconstructed stream banks and will extend perpendicular from tops of banks a minimum of 50 feet to a maximum of 200 feet. The riparian restoration efforts along the project ditches will extend perpendicular from tops of banks a minimum width of 50 feet to a maximum width of 200 feet. Riparian buffer restoration efforts along ditches will be less than 50 feet in width. The riparian restoration activities will occur at the same time as the stream mitigation activities and not before. Therefore, the mitigation area where riparian restoration is being performed may be altered slightly depending on the implementation of the Hollowell Stream and Wetland Mitigation Bank. The riparian restoration areas will be surveyed and information provided in the As -Built report and As -Built Survey. The As -Built report will also include any deviations that were made to the approved BPDP. 3.3 Riparian Preservation Riparian buffer preservation will include permanently protecting existing forested riparian areas with a conservation easement. This will include about 10-20 feet of the right bank of UT1-R1, approximately 50- 75 feet of the left bank of UT2-R3, UT26 (0.25 acres not creditable per preservation limit), and UT2C. The left bank of UT1-R1 was not viable for any riparian preservation credit, but will still be placed in the conservation easement. No more than 25 percent of the total area of buffer mitigation will be used for preservation credit pursuant to 15A NCAC 0295 (0)(5) and 15A NCAC 0295 (0)(4), and preservation buffer areas in excess will be protected in the conservation easement and not applied for credit. Approximately 0.25 acres of buffer preservation are protected on UT213, but is not being credited. Buffer preservation can only generate buffer mitigation credit and is not transferrable into nutrient offset credits. 3.4 Planting The specific species composition to be planted was selected based on the community type, observation of occurrence of species in riparian buffers adjacent to the Parcel, and best professional judgement on species establishment and anticipated Site conditions in the early years following project implementation. Trees will be planted at a density sufficient to meet the performance standards outlined in Rule 15A NCAC 02B 0295 of 260 hardwood trees per acre at the end of five years. No one tree species will be greater than 50 percent of the established stems. An appropriate riparian seed mix will also be applied to provide temporary ground cover for soil stabilization and reduction of sediment loss during rain events in areas disturbed by stream and wetland construction, as necessary. This will be followed by an appropriate permanent seed mixture. Planting is scheduled for Winter 2020 and the list of species proposed are shown in Table 2; however, the actual planting list will be provided in the As -Built report. Page 10 4 Hollowell Bank Parcel Development Plan Table 2. Tree Planting List River birch Betula nigra Green ash Fraxinus pennsylvanica American Sycamore Platanus occidentalis Tulip poplar Liriodendron tulipifera Swamp tupelo Nyssa biflora Willow oak Quercus phellos Water oak Quercus nigra 4 Monitoring and Maintenance Plan 4.1 Monitoring Protocol Permanent vegetation monitoring plots will be installed and evaluated within the buffer restoration and/or nutrient offset areas to measure the survival of the planted trees. Riparian buffer 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. Annual vegetation monitoring will occur each year for a minimum of five years and will be conducted during the fall season with the first year occurring at least five months from initial planting. Thirty-eight vegetation monitoring plots will be installed, and will be 100 meters squared in size, and will cover at least two percent of the 46.87 acres of riparian restoration area. Plots will be randomly placed throughout the planted riparian areas. The approximate location of the plots is shown on Figures 8a and b. Photos will be taken from all photo points each monitoring year and provided in the annual reports. All planted stems will be marked with flagging tape and recorded. Some, but not all, of the vegetation plots will be monitored for both the buffer/ nutrient bank and the stream/wetland bank. Planting is scheduled for winter 2020. The first annual monitoring activities will commence at the end of the first growing season, at least five months after planting has been completed and no earlier than the fall season. The following data will be recorded for all trees in the plots: species, common name, height, planting date (or volunteer), and grid location. The total number of volunteer woody stems will also be documented and reported. The measures of vegetative success for the Parcel will be the survival of at least four native hardwood tree species, where no one species is greater than 50 percent of the established stems, established at a density of at least 260 planted trees per acre at the end of Year 5. Appropriate native volunteer stems of native hardwood tree species may be included to meet the performance standards upon DWR approval. Visual inspections and photos will be taken to ensure that preservation areas are being maintained and compliant. The Sponsor shall submit the annual monitoring report to DWR by December 31st of each year for five consecutive years and will follow the terms and conditions of the MBI. Page 11 4 Hollowell Bank Parcel Development Plan 4.2 Adaptive Management Plan In the event the site or a specific component of the site fails to achieve the necessary performance standards as specified in the approved BPDP, the Sponsor shall notify and coordinate with NCDWR to develop a remedial action plan. The remedial action plan should describe the source or reason for the failure, a concise description of the corrective measures that are proposed, and a time frame for the implementation of the corrective measures. 4.3 Conservation Easement Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and adjacent properties. Boundaries may be identified by fence, marker, bollard, post, tree blazing, or other means as allowed by site conditions and/or conservation easement. Boundaries will be marked with signs identifying the property as a mitigation site and will include the name of the long-term steward and a contact number. Boundary markers disturbed, damaged, or destroyed will be repaired and/ or replaced on an as needed basis. The easement boundary will be checked annually as part of monitoring activities, and the conditions as well as any maintenance performed will be reported in the annual monitoring reports to NC DWR. WLS has received a cleared title for this site. The Conservation Easement will be assigned to an approved land trust. All monitoring activities, including periodic inspections of the site to ensure that restrictions required in the Conservation Easement are upheld, are the responsibility of WLS until the Parcel is transferred to the land trust by year 4 monitoring. 5 Credit Release Schedule Upon submittal of all appropriate documentation by the Sponsor, and subsequent approval by DWR, it is agreed that the mitigation credits associated with the Parcel will be released as described in the MBI and Table 3. The total buffer credits proposed adjacent to constructed coastal headwater valley streams will be dependent on the approval of the IRT to construct. The stream site will have to be constructed and an As -Built Report and survey will have to be submitted to the IRT prior to DWR granting approval to generate buffer credits under Rule 15A NCAC 02B .0295 (o)(2). The area of the buffer credits shall be measured perpendicular to the length of the valley being restored. Page 12 4 Hollowell Bank Parcel Development Plan Table 3. Credit Release Schedule 6 Financial Assurance Following approval of the Hollowell BPDP, the Sponsor will provide financial assurances in the form of a Performance Bond from a surety that is rated no less than "A-" as rated by A.M. Best. Financial assurances will be payable at the direction of the DWR to its designee or to a standby trust. The initial performance bond will be for 100 percent of the implementation costs, but not less than $150,000. In lieu of posting the performance bond, the Sponsor may elect to construct the project prior to the first credit release. After completion of the construction and monitoring devices a monitoring bond in the amount of $100,000 will be secured to implement the monitoring and maintenance of the riparian restoration areas for a minimum of five years. Upon DWR approval, this may be lowered each year based on the adjusted cost to complete the monitoring. 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. Page 13 4 Instrument and BPDP Approved by DWR, Conservation 20 No Credit Easement Recorded and Financial Assurance Posted Site Earthwork, Planting and Installation of ©Mitigation Monitoring Devices Completed 20 No Credit Monitoring Financial Assurance Posted and Approval of As- Built Report 10 50 Monitoring Report #1 Approved by the DWR* and financial assurance renewed 10 10 Report #2 Approved by the DWR* and financial ©Monitoring assurance renewed 10 10 Monitoring Report #3 Approved by the DWR* and financial assurance renewed 10 10 Item B (1) of Section X in this Instrument has been completed and approved by DWR. 5 5 No remaining credits will be released until the conservation easement has been assigned to an approved land trust or stewardship Report #4 Approved by the DWR* and financial ©Monitoring assurance renewed 5 5 Monitoring Report #5 Approved by the DWR* and final site visit by DWR has been conducted 10 10 - Total 100 100 * DWR approval provided upon a determination that the site is meeting success criteria contained within the approved BPDP 6 Financial Assurance Following approval of the Hollowell BPDP, the Sponsor will provide financial assurances in the form of a Performance Bond from a surety that is rated no less than "A-" as rated by A.M. Best. Financial assurances will be payable at the direction of the DWR to its designee or to a standby trust. The initial performance bond will be for 100 percent of the implementation costs, but not less than $150,000. In lieu of posting the performance bond, the Sponsor may elect to construct the project prior to the first credit release. After completion of the construction and monitoring devices a monitoring bond in the amount of $100,000 will be secured to implement the monitoring and maintenance of the riparian restoration areas for a minimum of five years. Upon DWR approval, this may be lowered each year based on the adjusted cost to complete the monitoring. 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. Page 13 4 Hollowell Bank Parcel Development Plan 7 Mitigation Potential Out of 69.92 acres that will be protected with a permanent conservation easement, 4.39 acres (191,228 ft2) are proposed to generate riparian buffer restoration credits, 6.00 acres (28,706 ft') are proposed to generate riparian buffer preservation credits, 13.59 acres (438,758 ft') are proposed to generate riparian buffer credits along coastal headwater restoration streams, and 28.89 acres (65,667.55 lbs. Nitrogen) are proposed to generate nutrient offset credits. The Sponsor may use the 4.39 acres of riparian buffer restoration mentioned above for either riparian buffer credit or nutrient offset credit, but not both. The remaining acres within the Conservation Easement, will be used for wetland and stream mitigation pursuant to the Hollowell Mitigation Bank. The Sponsor must request and receive approval from DWR prior to any credit conversions and transfers to the credit ledgers. With each conversion and transfer request submitted to the DWR, the Sponsor will provide all updated credit ledgers showing all transactions that have occurred up to the date of the request. The Sponsor will maintain three credit ledgers: one for buffer restoration credits, one for buffer preservation credits and coastal headwater buffer credits, and one for Nitrogen nutrient offset credits. The total potential nutrient offset mitigation credits and riparian buffer that the Parcel will generate is summarized in Table 4. Page 14 4 Hollowell Bank Parcel Development Plan Table 4. Proposed Mitigation Credits Riparian Riparian Total Buffer Credits EligibleCredit Per Credit %Full Widths Features Mitigation Type Acreage Credit 2 Acre Ratio Credit Mitigation Credits (sq. ft.) Acreage (ft) 0-50' UTI -R2, UT2-R2, Restoration 4.39 4.39 43,560 1:1 100% 191,228ft2 (4.39 ac) UT2B Coastal 0-100' UT1-R1, UT2-R1, Headwater 8.34 8.34 43,560 1:1 100% 363,290 ft2 (8.34 a c) UT2A Restoration Coastal UT1 R1, UT2 R1, 101-200' Headwater 5.25 5.25 43,560 1:1 33% 75,468 ft' (1.73 ac) UT2A Restoration UT1-R1, UT2-R1, Preservation 0-50' 4.80 4.55 43,560 10:1 ° 100% 19,820 ft' (0.46 ac) UT2-R3, UT213 Subject Streams Preservation 51-100' UT2-R3 0.86 0.86 43,560 10:1 100% 3,746 ft' (0.09 ac) Subject Streams Preservation Non 0-100' UT2C 0.59 0.59 43,560 5:1 100% 5,140 ft' (0.12 ac) Subject Streams Total Restoration Credits 4.39 191,228 ft2 (191228.40 ac) Total Coastal Headwater Restoration Credits 13.59 438,758ft2 (10.07 ac) 28,706ft2 (0.66 ac) Total Preservation Credits 6.00 includes ratios & reductions Buffer Preservation Non -Credited 0.25 UT213 has protected, but uncredited areas OffsetNutrient Eligible Total Credit Per Credit Widths Features Mitigation Type Credit Mitigation Credits (lbs) Acreage Acre (lbs) Ratio Acreage 0-50' Ditch 1, Ditch 2 Restoration 2.91 2,273.02 N/A 6,614.49 Ditch 1, UT1-R2, 51-200' UT2-R2, UT2-R3, Restoration 25.98 2,273.02 N/A 59,053.06 Ditch 2 TOTAL 28.89 65,667.55 Page 15 4 Hollowell Bank Parcel Development Plan 8 Citations Lee, T.L, Peet, R.K., Roberts, S.D., and Wentworth, T.R. 2006. CVS-EEP Protocol for Recording Vegetation, Version 4.2. http://cvs.bio.unc.edu/protocol/cvs-eep-protocolv4.2- levl-2.pdf. NC Environmental Management Commission. 2014. Rule 15A NCAC 026.0295 - Mitigation Program Requirements for the Protection and Maintenance of Riparian Buffers. United States Department of Interior, Fish and Wildlife Service (USFWS). Threatened and Endangered Species in North Carolina (County Listing). Wayne County. 2017. USDA, Soil Conservation Service,1974. Soil Survey of Wayne County. Page 16 4 Legend Hollowell Mitigation Project Neuse: 03020201 0 'Jake Forest t' 54 9? Ion Gary Raleigh Knightdale Wendell 231 254' I~ 581 1�.-,rner H ly Spring.= Clayton Ken Fuquay- a Selma Anger Smithfield Farr Oaks -_ Coats Lillington Buie', Creek Bet tlsb nson Erwin Du Walkertown 301 N t Olive akk 0 2.5 5 10 15 Sources: Esri, HERE, DeLorme, USGS, Intermap, INCREMENT P, NRCan, Miles Esri Japan, METI, Esri Chi a.(Hong Kong), Esri Korea, Esri (Thailand), Mapmylndia, NGCC, © OpenS[reetMap contributors, and the GIS User Community Q FIGURE WATER & LAND TI Hollowell Service Area SOLUTIONS Mitigation Project Map NAD 1983 2011 State Plane North Carolina FIPS 3200 FT US Legend Project Location Wayne Co. Hydrography 0 HUC-12 0 NC Counties Q HUC-8 (Neuse) 0 Site Limits 0 Wayne County O NC Cities 0 50 100 o Miles Smithfield Johnston County 0—l- S.5�7� Miles 77 - Goldsboro Wayne County Project is located in HUC-8: 03020201 Upper Neuse Subbasin G a 0 � 0ca .6 o 'A° ! O U Location: 35.354771' \\ -78.128593° a o � � z U U N 0 � a � Location: 35.354143° -78.115899° d N M;/ Sources: Esri,!HERE, DeLorrne; US S�Intermap, INCREMENT P, NF an, R" Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailan, 0 0.5 1 Mapmylndia, NGCC, ©�O�p�n eetMap contributors, an`d the GIS U :r. Mile: Community FIGURE WATER & LA N DM Hollowell Project Location SOLUTIONS Mitigation Site Map NAD 1983 2011 State Plane North Carolina FIPS 3200 FT US e W.B UT2A K D FEET (1oi s sheet 24) 2 250 N UT2 R1 n �Rt r� 0 500 1,000 W6 Feet Source Es�rDigGlotie` GeoE a Ea{haGeographics ONES/Airbus DS, USDA Aer I he'G1S User Comm urttty GN,Eand. USGS, _G t WATER & LAN DM SOLUTIONS Hollowell Mitigation Project NRCS Soils Map FIGURE 3 NAD 1983 201 1State Plane North Carolina FIPS 3200 FT US Legend 0 Conservation Easement Existing Streams 2ft Contours ,gym Major Minor FEMA Floodzone v AE 0.2 PCT ANNUAL CHANCE FLOOD HAZARD rn e 0 ^� ^N ti 106 ,4 76 to NN �o UT1-R2 �2 'o, 1� A o � 0 UT2A —_ 82 00 �, 0 i UT2-R3 84 1►, '/Co UT2B Co 1�1 UT2-R2 2 0 500 1,000 'rSource�Esri Di itadGlob!oE e. Eaa" hFi'cs CNEAirbus DS U� A USG = r '6 Feet 9P a ::� �p ✓eroG��LG•N�?,a d the G'I�S�User;Com���'�� �1�k� � �• p`' WATER & LAND TI Hollowell Floodplain FIGURE Map SOLUTIONS Mitigation Project 4 NAD 1983 2011 State Plane North Carolina FIPS 3200 FT US Legend a Conservation Easement Project Streams , Project Ditches Non -Subject Stream � Unverified Wetland UT2-R3 r tB [Compromised Culvert UT2 UT1-R2 J ` UT2-R2 t UT2A 50ft Utility Easement t y�� UT2-R1' r D1 UT2C - N UT1-R1 ,� 0 500 1,000 Feet ouroe: Esri, DigitalGlobe, GeoE e, Earths4ar Geographi •s, C E' /Airbus DS, USDA, USG 0eroGR110 IGN, and the GIS User Community WATER & LAND" FIGURE Hollowell Existing Conditions SOLUTIONS Mitigation Project Map NAD 1983 2011 State Plane 5 North Carolina FIPS 3200 FT US Legend — Project Streams Non -Subject Project Stream — Project Ditches Conservation Easement 0-50ft Buffer Preservation (4.55 acres) 0-50ft Buffer Restoration (4.39 acres) 51-100ft Buffer Preservation (0.86 acres) { Non -Subject Stream Buffer Preservation (0.59 acres) 0-100ft Coastal Headwater Buffer Restoration (8.34 acres) 101-200ft Coastal Headwater Buffer Restoration (5.25 acres) 0-50ft Nutrient Offsets (2.91 acres) 51-200ft Nutrient Offsets (25.98 acres) Project Wetlands Buffer Preservation Non -Credit (0.25 acres) s' s UT1-R2 - ,!� End of Coastal Heawater Stream 50ft Utility Easement ' D1 �_r J 0 500 1,000 Feet WATER & LA N DT" SOLUTIONS AO Mr UT1-R1 .. Hollowell Mitigation Project UT2-R3 � t ode Replace Culvert UT2B 42LJ.� UT2-R2 UT2A End of Coastal Heawater Stream UT2C IF �. qkI FIGURE Buffer/Nutrient Credit Determination Map 6 NAD 1983 2011 State Plane North Carolina FIPS 3200 FT US qkI Legend Conservation Easement Stream Mitigation Type — Coastal Preservation Coastal Restoration — Restoration Enhancement II Preservation Wetland Mitigation Type V7 Restoration / Enhancement ® Preservation UT1-R2 End of Coastal Heawater Stream Ff 'Agm 0 500 1,000 Feet WATER & LA N DT" SOLUTIONS UT1-R1 Hollowell Mitigation Project UT2-R3 k ,W61 Replace Culvert UT2B UT2-R2 UTA of AL End of Coastal Heawater Stream :.f ' •a UT2-R1 FIGURE Stream/Wetland Credit Determination Map 7 NAD 1983 2011 State Plane North Carolina FIPS 3200 FT US Attachment A — DWR Determinations and Viability ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality February 5, 2019 Cara Conder DWR ID# 2018-0180v2 Water & Land Solutions, LLC Wayne County 7721 Six Forks Rd, Suite 130 Raleigh, NC 27615 (via electronic mail: cara(&waterlandsolutions.com ) Re: Site Viability for Buffer Mitigation & Nutrient Offset — Hollowell Site Located near 35.354143, -78.115899 Neuse 03020201 (not in Falls WS) Dear Ms. Conder On January 4, 2018, Katie Merritt, with the Division of Water Resources (DWR), received a request from you on behalf of Water & Land Solutions, LLC (WLS) for a site visit near the above -referenced site in 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 maps labeled "Figure 6" prepared by WLS and Figures 1 a and 2a prepared by Ms. Merritt. On January 11, 2019, Ms. Merritt performed a site assessment of the subject site. Staff with WLS were also present. This site is also being proposed as a stream and wetland mitigation site by WLS. Portions of this site are intended to be proposed to the IRT as coastal headwater stream mitigation by WLS At the request of WLS, this mitigation determination is assessed using the proposed stream restoration plan/alignment and conservation easement boundary shown on the attached map labeled "Figure 6" that will be submitted to the Interagency Review Team (IRT) for review. If the proposed stream channel alignments change in any way from what is shown on Figure 10, this viability letter may be subject to change. 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. D_EQA_.,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 rman, cwoiau 919.70T9000 Hollowell Site Water Land Solutions, LLC February 5, 2019 Feature Classification 'Subject Riparian Land uses Buffer zNutrient Mitigation Type Determination to Offset onsite adjacent to Feature Credit w/in riparian areas 0-200' Buffer Viable Viable at Rule 2.273.02 lbs -N per acre UTI -R1 Stream Yes Combination of Yes Yes (non- Fields - Restoration Site per 15A (at DWR disturbed/clear cut forest and (fields forested NCAC 02B.0295 (n) flag) agricultural fields; Neuse only) fields only) riparian buffers shown in Timbered Neuse Buffer (Zone 1 & Figure 2a were impacted from Zone 2)- no credit timbering in @ 2013 and would have constituted a Timbered/disturbed forest (beyond violation of the Neuse Buffer the Neuse Buffer) - located outside of rules. Therefore, no buffer the project's proposed conservation credit can be generated within easement boundary & not assessed Zone 1 or Zone 2 of the Neuse riparian buffer that was timbered. UTI -R2 Stream Yes Mostly non -forested Yes Yes (non- Fields - Restoration Site per 15A agricultural fields with fields forested NCAC 02B.0295 (n) disturbed/clear cut forest only) fields only) upstream; Neuse riparian Timbered Neuse Buffer (Zone 1 & buffers shown in Figure 2a Zone 2)- no credit were impacted from timbering in @ 2013 and would have Timbered/disturbed forest (beyond constituted a violation of the the Neuse Buffer) - located outside of Neuse Buffer rules. Therefore, the project's proposed conservation no buffer credit can be easement boundary & not assessed generated within Zone I or Zone 2 of the Neuse riparian buffer that was timbered. A Ditch No Non -forested agricultural N/A N/A N/A fields Proposed to be filled and graded for wetland mitigation B Ditch No Non -forested agricultural N/A N/A N/A fields Proposed to be filled and graded for wetland mitigation C Ditch No Non -forested agricultural N/A N/A N/A fields Proposed to be filled and graded for wetland mitigation E Ditch No Non -forested agricultural N/A N/A N/A fields Proposed to be filled and graded for wetland mitigation F Ditch No Non -forested agricultural N/A N/A N/A fields Proposed to be filled and graded for wetland mitigation Page 2 of 5 Hollowell Site Water Land Solutions, LLC February 5, 2019 Feature Classification 'Subject Riparian Land uses Buffer 2Nutrient Mitigation Type Determination w/in riparian areas onsite to Buffer adjacent to Feature Credit Viable Offset Viable at 0-200' Rule 2.273.02 lbs -N per acre D1 Ditch No Mostly non -forested *see note Yes fields Fields - Restoration Site per 15A agricultural fields with some only) NCAC 0213.0295 (0)(8) trees at confluence with UT1- R1 Forested fringe - no credit *Buffer Mitigation Note - Assessment concludes the ditch meets 15A NCAC 0213.0295 (0)(8) (A, B, C, D & E). More information on the watershed is required to be provided in a mitigation plan for complete assessment. See rule. D2 Ditch No Non -forested agricultural *see note Yes fields Fields - Restoration Site per 15A fields, forested upstream. A only) NCAC 0213 .0295 (0)(8) compromised culvert is present and needs to be Forested Areas - no credit replaced to restore hydrologic connectivity to UT2 *Buffer Mitigation Note - Assessment concludes the ditch meets 15A NCAC 0213.0295 (0)(8) (A, B, C, D & E). More information on the watershed is required to be provided in a mitigation plan for complete assessment. See rule. G Road -side No N/A No No No Ditch (must be manipulated to allow for diffused flow within riparian restoration along UT2) H Road -side No N/A No No No Ditch (must be partially manipulated to allow for diffused flow within riparian areas along UT2) UT2-R1 Stream Yes Mostly non -forested 3Yes Yes fields Fields - Restoration Site per 15A agricultural fields with only) NCAC 0213 .0295 (n) forested areas upstream Forested areas - Preservation Site per 15A NCAC 0213.0295 (0)(5) UT2-R2 Stream Yes Mostly non -forested 3Yes Yes fields Fields - Restoration Site per 15A agricultural fields with only) NCAC 02B.0295 (n) forested fringe along right bank. Forested fringe - Preservation Site per 15A NCAC 0213.0295 (0)(5) UT2-R3 Stream Yes Mostly non -forested 3Yes Yes (fields Fields - Restoration Site per 15A agricultural fields with only) NCAC 02B .0295 (n) forested fringe along right bank. Forested fringe - Preservation Site per 15A NCAC 0213.0295 (0)(5) Page 3 of 5 Hollowell Site Water Land Solutions, LLC February 5, 2019 Feature Classification 'Subject Riparian Land uses Buffer 2Nutrient Mitigation Type Determination onsite adjacent to Feature Offset w/in riparian areas to Credit 0-20 Buffer Viable Viable at 2.273.02 Rule lbs -N per acre UT2A Stream Yes Mostly non -forested 3Yes Yes fields Fields - Restoration Site per 15A agricultural fields with only NCAC 0213 .0295 (n) forested areas upstream Forested areas - Preservation Site per 15A NCAC 0213.0295 (0)(5) UT213 Stream Yes Mostly non -forested 3Yes Yes fields Fields - Restoration Site per 15A agricultural fields with only NCAC 0213 .0295 (n) forested fringe along banks. Forested fringe - Preservation Site per 15A NCAC 0213.0295 (0)(5) UT2C Stream No Mostly fully -forested w/ 3Yes No Forested areas - Preservation Site (at DWR upstream riparian areas shown per 15A NCAC 0213 .0295 (0)(4) flag) in Figures 1 a as being timbered in 2016 Timbered/disturbed forest - located outside of the project's proposed conservation easement boundary & not assessed 'Subjectivity calls for the features were determined by DWR in correspondence dated July 3, 2014 and January 24, 2019 using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS . 2 NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment 'The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 0295 (0)(5) and 15A NCAC 0295 (0)(4). Site cannot be a Preservation Only site to comply with this rule. 4The area described as an Enhancement Site was assessed and determined to comply with all 15A NCAC 02B .0295(0)(6). Cattle exclusion fencing is required to be installed around the mitigation area to get buffer credit under this part of the rule. SThe 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 0213.0295 (0)(7). Maps that are attached to this letter were prepared by WLS and Ms. Merritt and were initialed by Ms. Merritt on February 5, 2019. This letter should be provided in all stream and wetland, buffer and/or nutrient offset mitigation plans for this Site. This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to.DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters 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 Page 4 of 5 Hollowell Site Water Land Solutions, LLC February 5, 2019 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. This viability assessment will expire on February 5, 2021 or upon the submittal of an As -Built Report to the DVWR, whichever comes first. This letter should be provided in all stream, wetland or buffer mitigation plans for this Site. Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, Karen Higgins, Supervisor 401 and Buffer Permitting Branch KAH/km Attachments: Figure 6, Topographic Map of Site, Figure la — UT2 Timbered Areas, Figure 2a — UTI Timbered areas cc: File Copy (Katie Merritt) Page 5 of 5 � i ITCW) Q �jlxecnn .90°�w 1 1078'91" 0.00"W 07 • or ° w i 111 1— -- 011P• 7 !!224 � -• Ncr',: i C-rclina Env: nmentai z Management Com Division of Water ission RESw4cG7 - = For: &U Reviewed by �� ~`•�--•---- --- . _ - �/ /ter , Approximate location - of 14-0486 D . 14-0486 A N • + 14-0486 C -_....-a - _-_._ __ y_ _ -4- 9 ° •. Magnetic Declination SCALE 1:12000 . 0 100 200 300 400 SW 600 700 B00 900 YARDS F ;R 0 1000 2000 FEET • 0 100 200 300 100 500 800 700 800 METERS • �, s° w I 10)8-67)0 drb-r A- : � i ITCW) Q �jlxecnn FWI CA S;X16 Aim ^n firma ! oai arms Nollou�el � S,-�e. �v.J a�S�IG ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental QuaUty January 28, 2019 Connie H. and Paul A. Feige DWR Project #20140486 Version 2 16110 Turnburg Oak Drive Wayne County Odessa, FL 33556 (corrected address) Subject: On -Site Stream Evaluation and Determination for Applicability to the Neuse River Riparian Buffer Rules (15A NCAC 02B.0233) and Water Quality Standards Project Name: Hollowell Mitigation Site Address/Location: 1821-2161 Stevens Mill Road, Grantham, NC Lat. 35.345616, Long -78.115281 Parcel ID's: Wayne County PIN #2568057761 Stream Evaluated: 1 stream feature labeled as UT2C on the subject parcel PIN#2568057761 Field Date: January 11, 2019 DWR Staff: Shelton Sullivan Determination Type: Buffer: Stream: ® Neuse (15A NCAC 0213 .0233) ® Ephemeral/Intermittent/Perennial ❑ Tar -Pamlico (15A NCAC 02B.0259) Determination (where local buffer ❑ Catawba (15A NCAC 02B.0243) ordinances apply) ❑ Jordan (15A NCAC 02B.0267) (governmental and/or interjurisdictional projects) ❑ Randleman (15A NCAC 02B.0250) ❑ Goose Creek (15A NCAC 02B.0605-.0608) See the following table and written explanation regarding the stream determinations. le:!51DEQ;5 m =w"o-ft North Carolina Department of Environmental Quality I Division of Water Resources 5I2 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina "27699-1617 919.707.9000 Water & Land Solutions LLC [Neuse River Riparian Buffer/Stream Determination DWR Project #20140486 V2 Page 2 of 3 Feature IDl Feature Type Not Subject Start@ Stop @ Soil USGS Subject Survey Topo UT2C Stream — X Flag labeled AA Flag labeled Not Not (see aerial Intermittent (1) START AA END (see shown shown map) (see photo and photo and aerial map) aerial map) 1 See maps provided showing labeled features z Ephemeral (E), Intermittent (1), Perennial (P), Ditch (D) The Division of Water Resources (DWR) received a Request for Site Viability Assessment of the Hollowell Mitigation Site. On January 11, 2019, DWR staff, along with the consultant and consultant representative, conducted a site visit to gather information regarding the viability of the site. During the site visit, the consultant requested that DWR observe and evaluate a feature on the property labeled as UT2C. DWR determined that this feature, UT2C, is an intermittent stream feature and has a start and stop location along the feature. The start and stop point were flagged and pictures of these locations are attached and are labeled on the aerial map provided by the consultant. However, UT2C is not subject to the Neuse River Riparian Buffer Rules since it is not located on the most recently published NRCS Soil Survey of Wayne County, North Carolina, and not shown on the most recent copy of the USGS Topographic map at a 1: 24,000 scale. This stream determination is addition to the determination letter dated July 3, 2014, Project # 14-0486, attached for your reference. There may be other streams or features located on the properties and on the included maps that may be subject to the buffer rules or may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act 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 US Postal Service: If sending via delivery service (UPS, FedEx, etc.): c/o Karen Higgins % Karen Higgins DWR — 401 & Buffer Permitting Branch DWR — 401 & Buffer Permitting Branch 1617 Mail Service Center 512 N. Salisbury Street Raleigh, NC 2 7699-1 61 7 Raleigh, NC 27604 This determination is final and binding as detailed above, unless an appeal is requested within sixty (60) days. Water & Land Solutions, LLC Neuse River Riparian Buffer/Stream Determination DWR Project #20140486 V2 Page 3 of 3 This determination only addresses the applicability to the buffer rules and does not approve any activity within the buffers. The project may require a Section 404/401 Permit for the proposed activity. Any inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of Engineers Raleigh Regulatory Field Office at (919)-554-4884. If you have questions regarding this determination, please feel free to contact Shelton Sullivan at (919) 707-3636. Sincerely, ikm Q'k ' Karen Higgins, Supervisor 401 & Buffer Permitting Branch Attachments: Maps; Photos by DWR; On -Site Determination DWQ # 14-0486 dated July 3,.2014. cc: Cara Conder, Water & Land Solutions, LLC, cara@waterlandsolutions.com George Lankford, Soil Scientist, glankford9l@gmail.com 401 & Buffer Permitting Branch file copy DWR WARO via email Filename: 20140486V2_Hollowell Stream Call UT2C.docx 4F i 4k 4 ij VJ k) O O G LU ®E 0) N O N O � ® fn t0 - � C �j U- Z) i 4k 4 Hollowell Mitigation Site 1-11-19 NRCS Soil Survey for Wayne County, NC Feature UT2C Not Shown. 1(Joins sheet 18) .e 4� Shelton Sullivan, DWR NIMA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 3, 2014 Debra and George Grantham 1447 Falling Creek Church Road Goldsboro, NC 27530 Subject Property: Hollowell Mitigation Bank UTs to Neuse River, Neuse River Basin John E. Skvarla, III Secretary DWQ # 14-0486 Wayne County On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) Dear Mr. and Mrs. Grantham: On June -3, 2014 and July 2, 2014, at your request of your consultant Mr. Ward Ellis of Restoration Systems, LLC, Anthony Scarbraugh conducted an on-site determinations to review unnamed tributaries (UTs) to Neuse River located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 213 .0233). The features are labeled as "14-0486 A through 14-0486 D" on the attached maps initialed by Mr. Scarbraugh on July 3, 2014. The project is located approximately 0.55 mile north of the intersection of Stevens Mill Road and James Hinson Road in Wayne County. At your request, Mr. Scarbraugh conducted on-site determinations as stated above. During his review, he evaluated the streams using the DWR Stream Classification Form. He evaluated the stream reach 14-0486 A at N 35.35348, W 78.11549 and calculated the score to be 21.25 points. He evaluated the stream reach 14-0486 B at N 35.35349, W 78.11686 and calculated the score to be 21.25 points. He evaluated the stream reach 14-0486 C at N 35.35168, W 78.12599 and calculated the score to be 19.75 points. The form states that if the score is "greater than or equal to 19 points the stream is at least intermittent." Please note, he evaluated the stream reach 14-0486 D at N 35.36162, W 78.11925 and calculated the score to be 21 points. However, the feature 14-0486 D was not present on either the most recent of the soil survey map prepared by the NRCS US Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the U5 Geological Survey. In accordance with 15A NCAC 2B .0233(3) which states that riparian buffers adjacent to surface waters that do not appear on either of the maps shall not be subject to this Rule. The DWR has determined that the portion of the features labeled as "14-0486 A, 14-0486 B and 14-0486 V on the attached maps, and highlighted in blue are subject to the Neuse Buffer Rules. The portion of feature labeled as"14-0486 D" and highlighted in red is not subject to the Neuse Buffer Rules. The features and the associated buffers should be identified on any future plans for this property. The owner (or future owners) should notify the DWR (and other relevant agencies) of this decision in any future Division of Water Resources -Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-64811 Fax: 252-975-3716\ Internet: www,ncdenr.gov An Equal Opportunity 1 Affirmative Acton Employer — Made in pari by recycled paper correspondences concerning this property. This on-site determination shall expire five (5) years from the date of this letter. The owner (or future owners) should notify the DWR (and other relevant agencies) of this decision in any future correspondences concerning this property. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Karen Higgins, DWR 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1650. Individuals that dispute a determination by the DWR or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60 -day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWR recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any additional questions or require additional information please call Anthony Scarbraugh in the Washington Regional Office at (252) 948-3924. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Attachments: USGS Topographic 1:24,000 Quadrangle Map "Grantham" copy of sheets 18 and 24, 1974 version of Wayne County Soil Survey cc: DWR 401 & Buffer Permitting Unit File Copy Ward Ellis, Restoration Systems, LLC, 1101 Haynes Street, Suite -211, Raleigh, NC 27604 Katie Merritt, DWR 401 & Buffer Permitting Unit Filename 14-0486 0.90",W i i i i i i i i i i 0718° 97' o -F IVI i i i i i i i i i 075° Qr .qT #+ i i I I r i i i 07�' Q& I I I I I I oir br #O.bo°w I I I I I! I I I I Ods° br �.bo''w 11 I I I I 1 10)8'66' Copyright (C) 1998, Maptech. Inc. T824 r Nmii C-rolina Envi onrrtenfal Management Com fission = },,,, Division of Water REScu10!2) o For; i<t3 E Ekgfer o Q M Reviewed by M Approximate location of 14-0486 Ds 14-0486 A 14-0486 C �' �• + ,. 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Lu �L / \ "� NaC 86 Wag 1 NoC m f Attachment B — Photo Log Appendix B — Existing Conditions Photos UT1-R2: channelized conditions and lack of riparian buffer (09/19/18) Looking downstream at ditched conditions along UT2-R2(09/19/18) Ditch flowing to UT1-R1 (01/08/18) UT2-R1: looking upstream at stream and wetland complex (09/19/18) Looking downstream along Reach UT2-R3 (09/19/18) U I LH (U1/U25/ 125) Attachment C — Model Conservation Easement RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Conservation Easement") made this day of , 201_ by and between , ("Grantor") and ("Grantee"). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. I2*011F-1 .y WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein (the "Property"); WHEREAS, Grantee is a charitable, not-for-profit or educational corporation, association, or trust qualified under § 501 (c)(3) and § 170 (h) of the Internal Revenue Code, and N.C. Gen. Stat. § 121-34 et seq., the purposes or powers of which include one or more of the purposes (a) - (d) listed below; (a) retaining or protecting natural, scenic, or open -space aspects of real property; (b) ensuring the availability of real property for recreational, educational, or open -space use; (c) protecting natural resources; (d) maintaining or enhancing air or water quality. WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the property in its natural state, which includes the following natural communities: add or delete as appropriate: wetlands, streams, and riparian buffers. The purpose of this Conservation Easement is to maintain streams, wetlands and riparian resources and other natural values of approximately _acres, more or less, and being more particularly described in Exhibit B attached hereto and incorporated fully herein by reference (the "Conservation Easement Area"), and prevent the use or development of the Conservation Easement Area for any purpose or in any manner that would conflict with the maintenance of its natural condition. WHEREAS, the restoration, enhancement and preservation of the Conservation Easement Area is a condition of the approval of the Mitigation Banking Instrument (MBI) and Mitigation Plan forthe_ Army (DA) Action ID NumberSAW- the Mitigation Bank in the Mitigation Bank, Department of the entitled "Agreement to Establish River Basin within the State of North Carolina", to be made and entered into by and between acting as the Bank Sponsor and the Wilmington District Corps of Engineers (Corps), in consultation with the North Carolina Interagency Review Team (IRT). The Mitigation Site has been approved by the Corps for use as a mitigation bank to compensate for unavoidable stream and wetland impacts authorized by DA permits. WHEREAS, the restoration, enhancement and preservation of the Conservation Easement Area is also a condition of the approval of the Riparian Buffer and Nutrient Offset Mitigation Banking Instrument (MBI) and Bank Parcel Development Package (BPDP) for the Riparian Buffer and Nutrient Offset Mitigation Bank, North Carolina Division of Water Resources (NCDWR) Project ID# , which was approved by the NCDWR, and will be made and entered into by and between , acting as the Bank Sponsor, and the NCDWR. The Riparian Buffer and Nutrient Offset Site is intended to be used to compensate for riparian buffer and nutrient impacts to surface waters. WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by the NCDWR and the Corps (to include any successor agencies) ("Third - Parties"), and may be exercised through the appropriate enforcement agencies of the United States and the State of North Carolina, and that these rights are in addition to, and do not limit, the rights of enforcement under the NC DWR Project ID# and the Department of the Army instrument number SAW - ("Mitigation Banking Instrument"), or any permit or certification issued by the Third - Parties. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Conservation Easement Area described on Exhibit B, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Conservation Easement Area inconsistent with the purpose of this Conservation Easement is prohibited. The Conservation Easement Area shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Conservation Easement Area. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural features of the Conservation Easement Area or any introduction of non-native plants and/or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Conservation Easement Area. C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities, including any rights of passage for such purposes are prohibited. D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Conservation Easement Area are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation in the Conservation Easement Area except as provided in the Mitigation Plan and Bank Parcel Development Plan. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or volunteer trees and shrubs approved in the Mitigation Plan and BPDP is allowable once a year for no more than five consecutive years from the date on page I of this Conservation Easement, except where mowing will negatively impact vegetation or disturb soils. Mowing activities shall only be performed by and shall not violate any part of Item L of Article II. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the Conservation Easement Area; nor enlargement or modification to existing roads, trails orwalkways. G. Signage. No signs shall be permitted on or over the Conservation Easement Area, except the posting of no trespassing signs, signs identifying the conservation values of the Conservation Easement Area, signs giving directions or proscribing rules and regulations for the use of the Conservation Easement Area and/or signs identifying the Grantor as owner of the Conservation Easement Area. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Conservation Easement Area is prohibited. I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner on the Conservation Easement Area, except to restore natural topography or drainage patterns. For purposes of restoring and enhancing streams and wetlands within the Conservation Easement Area, is allowed to perform grading, filling, and excavation associated with stream and wetland restoration and enhancement activities as described in the Mitigation Plan and authorized by Department of the Army Nationwide Permit 27. J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited other than for temporary or occasional access by the Enter Sponsor Name, the Grantee, its employees and agents, successors, assigns, NCDWR, and the Corps for purposes of constructing, maintaining and monitoring the restoration, enhancement and preservation of streams, wetlands and riparian areas within the Conservation EasementArea.. M. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Area which is or may become inconsistent with the purposes of this grant, the preservation of the Conservation Easement Area substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III GRANTOR'S RESEVERED RIGHTS The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the Conservation Easement Area for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement Area, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this Conservation Easement. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors and assigns, including acting as the Bank Sponsor, the right to construct and perform activities related to the restoration, enhancement, and preservation of streams, wetlands and riparian areas within the Conservation Easement Area in accordance with the approved Mitigation Plan, the Bank Parcel Development Package, and the two Mitigation Banking Instruments described in the Recitals of this Conservation Easement. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, the Corps and NCDWR, shall have the right to enter the Property and Conservation Easement Area at all reasonable times for the purpose of inspecting the Conservation Easement Area to determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee, Enter Sponsor Name, and its authorized representatives, successors and assigns, the Corps and NCDWR shall also have the right to enter and go upon the Conservation Easement Area for purposes of making scientific or educational observations and studies, and taking samples. The easement rights granted herein do not include public access rights. ARTICLE V ENFORCEMENTAND REMEDIES A. To accomplish the purposes of this Easement, Grantee, the Corps, and NCDWR are allowed to prevent any activity on or use of the Conservation Easement Area that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Conservation Easement Area thatmay be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the terms of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction or restoration, including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. The Corps and the NCDWR shall have the same rights and privileges as the said Grantee to enforce the terms and conditions of this Conservation easement.. B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Conservation Easement Area resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Conservation Easement Area resulting from such causes. ARTICLE VI MISCELLANEOUS A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Easement, and that Grantor will warrant and defend title to the Property against the claims of all persons. _ B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Conservation Easement Area. The Grantor agrees to provide written notice of such transfer at least sixty (60) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Conservation Easement Area or any portion thereof and shall not be amended, modified or terminated without the prior written consent and approval of the Corps. C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder pursuant to 33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34 et seq. and § 501(c)(3) and § 170 (h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. Entire Agreement and Severability. The combined Mitigation Banking Instruments: MBI with corresponding Mitigation Plan, and MBI with corresponding BPDP, and this Conservation Easement sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Long -Term Management. 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. I. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of the Conservation Easement Area is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement as determined at the time of the extinguishment or condemnation. J. Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph): To Grantor: [Name, address and fax number] To Grantee: [Name, address and fax number] To Sponsor: To the Corps: US Army Corps of Engineers Wilmington District Regulatory Division 69 Darlington Avenue Wilmington, NC 28403 To NCDEQ -DWR: NCDEQ— Division of Water Resources 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1601 K. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee's interest shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. L. Amendment. This Conservation Easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. M. Present Condition of the Conservation Easement Area. The wetlands, scenic, resource, environmental, and other natural characteristics of the Conservation Easement Area, and its current use and state of improvement, are described in Section of the Mitigation Plan, prepared by Grantor and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee have copies of this report. It will be used by the parties to assure that any future changes in the use of the Conservation Easement Area will be consistent with the terms of this Conservation Easement. However, this report is not intended to preclude the use of other evidence to establish the present condition of the Conservation Easement Area if there is a controversy over its use. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. (Signatures of the Grantor and Grantee in appropriate form)