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20160847 Ver 3_BPDP for PN_20190503ID#* 20160847 Select Reviewer:* Katie Merritt Initial Review Completed Date 05/07/2019 Mitigation Project Submittal - 5/3/2019 Version* 3 Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No Type of Mitigation Project:* r Stream r Wetlands PF Buffer PF Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* Email Address:* Katie Webber kwebber@res.us Project Information Existing 20160847 Existing 3 (DWR) (nunbersonly ...nodash) Version: (nun-bersonly) I D#: * Project Type: f DMS r Mitigation Bank Project Name: Cloud & Banner Riparian Buffer and Nutrient Credit Bank County: Alamance Document Information Mitigation Document Type:* Mitigation Plans File Upload: Cloud and Banner - FINAL BPDP.pdf 9.87MB Rease upload only one RDF of the complete file that needs to be subnitted... Signature Print Name:* Kathleen Webber Signature:* FINAL BANK PARCEL DEVELOPMENT PLAN The Cloud and Banner Mitigation Project Alamance County, North Carolina DWR Project Number: 2016-0847 Version 3 Haw River Subwatershed of Jordan Lake 8 -Digit HUC 03030002 / 14 -Digit HUC 03030002030070 Prepared By: pres Bank Sponsor: Environmental Banc and Exchange, LLC 302 Jefferson Street, Suite 110 Raleigh, NC 27605 919-209-1062 May 2019 Table of Contents 1 INTRODUCTION................................................................................................................. 1 1.1 Parcel Location................................................................................................................ 1 1.2 Parcel Overview...............................................................................................................1 2 PROJECT AREA — EXISTING CONDITIONS............................................................... 2 2.1 Physiography....................................................................................................................2 2.2 Soils..................................................................................................................................3 2.3 Existing Riparian Conditions........................................................................................... 4 2.4 Wetlands...........................................................................................................................5 2.5 Threatened and Endangered Species............................................................................... 6 2.6 Environmental and Cultural Constraints......................................................................... 7 2.7 Federal Emergency Management Agency (FEMA) Floodplain/Floodway Mapping .... 7 3 RIPARIAN RESTORATION AND PRESERVATION PLAN ....................................... 7 3.1 Parcel Preparation............................................................................................................ 8 3.2 Riparian Restoration Activities........................................................................................ 8 3.3 Riparian Preservation Activities...................................................................................... 9 3.4 Planting Plan .................................................................................................................... 9 3.5 Easement Boundaries and Fencing................................................................................ 10 4 MONITORING AND MAINTENANCE PLAN..............................................................10 4.1 Monitoring Protocol and Success Criteria..................................................................... 10 4.2 Adaptive Management Plan and Parcel Maintenance................................................... 11 4.3 Long Term Management Plan ....................................................................................... 11 5 FINANCIAL ASSURANCE...............................................................................................11 6 MITIGATION POTENTIAL............................................................................................12 7 CREDIT RELEASE SCHEDULE FOR CLOUD AND BANNER ......................ERROR! BOOKMARK NOT DEFINED. 8 REFERENCES.................................................................................................................... 14 APPENDICES Appendix A — Supporting Figures Figure 1. Service Area Figure 2. Project Vicinity Figure 3. Existing Conditions Figure 4. Conceptual Design Plan for Riparian Buffer Bank Figure 5. Conceptual Design Plan for Stream and Wetland Mitigation Figure 6. Buffer Zones Figure 7. USGS Quadrangle Figure 8a. Mapped Soils Figure 8b. Alamance County Soil Survey Figure 9. National Wetlands Inventory Figure 10. National Flood Hazard Layer Figure 11. Monitoring Plan Appendix B — Correspondence Appendix C — Site EDR Data Appendix D — Conservation Easement and Plat Appendix E — Existing Conditions Photos (April 29, 2019) Cloud and Banner Bank Parcel Development Plan ii May 2019 1 INTRODUCTION Environmental Banc and Exchange, LLC (EBX, LLC), an entity of RES, is pleased to provide this Bank Parcel Development Plan (BPDP) for the Cloud and Banner Riparian Buffer and Nutrient Offset Mitigation Bank (Parcel). This Parcel is designed to provide riparian buffer and nutrient offset credits for unavoidable impacts due to development within the Haw River Subwatershed of the Jordan Lake Watershed, United States Geological Survey (USGS) 8 -digit Hydrologic Unit Code (HUC) 03030002 and 14 -digit HUC 03030002030070 (Figure 1). This BPDP is in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC 02B.0295, 15A NCAC 02B.0240 and the RES Cloud and Banner Mitigation Banking Instrument for Riparian Buffer Mitigation and Nutrient Offset Credits (MBI), made and entered into by EBX, LLC acting as the Bank Sponsor (Sponsor), and the North Carolina Department of Environmental Quality - Division of Water Resources (DWR). Supporting figures can be found in Appendix A. The BPDP has also been designed in concurrence with the Cloud and Banner Stream and Wetland Mitigation Bank (SAW #2016-02451). The mitigation plan for the Cloud and Banner Stream and Wetland Mitigation Bank was approved by the Interagency Review Team (IRT) in April, 2019. The Cloud and Banner Stream and Wetland Mitigation Bank is proposed to provide 4,053 Stream Mitigation Units (SMUs) and 8.20 Wetland Mitigation Units (WMUs) within the conservation easement through a separate mitigation banking instrument with the IRT. 1.1 Parcel Location The Parcel is located in Alamance County approximately three miles north of Mebane, North Carolina east of NC Highway 119 (Figure 2). The Parcel is located within Haw River Subwatershed within the Jordan Lake Watershed, USGS 14 -digit HUC 03030002030070, a Targeted Local Watershed, and DWR Subbasin Number 03-06-02. To access the Parcel, head north on NC 119 from the Town of Mebane and turn right onto Mrs. White Lane. Head northeast for approximately 0.71 -mile, then turn left onto an unmarked dirt path locally known as "Wildman Lane". The coordinates of the site are 36.143777°, -79.271535°. 1.2 Parcel Overview The Parcel is being proposed to restore and enhance stream and wetland complexes with their adjacent riparian buffers and their functions and values to compensate, in appropriate circumstances, for unavoidable riparian buffer impacts and nutrient load reduction requirements. When combining the Cloud and Banner Stream and Wetland Mitigation Bank with the Cloud and Banner Buffer Mitigation and Nutrient Offset Bank, the conservation easement will total approximately 59.76 acres and includes a portion of Back Creek and four unnamed tributaries that drain to Back Creek. The Parcel is located in an area dominated by forest and agriculture with pockets of low-density residential areas (Figure 3). Current land use within the project ranges from managed, regularly harvested hay to forested communities. The project area still Cloud and Banner Bank Parcel Development Plan 1 May 2019 retains fencing from past livestock grazing and impacts from historical ditching. Historical land use has resulted in degraded water quality and unstable channel characteristics throughout the project area. Back Creek is the main hydrologic feature in the Project. There are also four unnamed tributaries and seven wetland areas included in the Project (Figure 3). The five tributaries on the project site are referred to as UT2, UT4, UT5, UT6, and Back Creek. Stream identifications and buffer viability determinations were verified by the DWR site visit on June 21, 2016. Correspondence regarding this determination is in Appendix B. Under the Cloud and Banner Nutrient Offset and Buffer Bank, proposed activities involve restoring and preserving riparian buffer areas adjacent to mitigated streams onsite (Figure 4; Appendix B). Riparian Buffer and/or Nutrient credit generation zones will not be used for the generation of any other credit type (i.e. the same square foot of buffer cannot be used to generate wetland credit, nutrient offset credits or state buffer credits). Under this BPDP, the Project will generate Riparian Buffer and/or Nutrient credit within two dedicated zones from the edge of the bank: the 0 to 50 foot -wide zone of buffer perpendicular landward; and the 151-200 foot -wide zone of buffer perpendicular from the top of the bank. The zone 51-150 feet from the top of bank will be claimed for additional stream credit in the Cloud and Banner Stream and Wetland Mitigation Bank (Figure 5) and is not double -counted under this program. The Cloud and Banner Stream and Wetland Mitigation Bank will also restore wetlands and generate wetland credits on- site; therefore, any area where wetland credits are proposed will also be excluded from the dedicated Riparian Buffer and/or Nutrient credit generation zones. There will be no overlap in the Riparian Buffer and/or Nutrient bank credit areas, wetland credit areas, and buffer areas dedicated for additional stream credit generation (Figure 6). The bank parcel will be placed under a 59.76 -acre permanent conservation easement. Within the easement, 4.35 acres will be restored for riparian buffer credit, 0.17 acre will be restored for nutrient offset credit, and 11.64 acres will be preserved. According to 15A NCAC 02B.0295(o)(4) and (5), "the area of preservation credit within a buffer mitigation site shall comprise of no more than 25% of the total area of buffer mitigation". As the total area of buffer restoration accounts for 4.52 acres, the total credits that could be generated from the preservation area will not exceed 1.45 acres. 2 PROJECT AREA — EXISTING CONDITIONS 2.1 Physiography The Project is located within the Piedmont Physiographic region, specifically within the Southern Outer Piedmont Ecoregion. The physiography of the ecoregion is mostly characterized by hills, ridges and irregular plains. Streams generally have a low to moderate gradient with cobble, gravel, and sandy substrates. Elevations range from 528 to 561 feet above mean sea level (NAD 27) Cloud and Banner Bank Parcel Development Plan 2 May 2019 based upon USGS topographic mapping (Figure 7). A portion of Back Creek and four unnamed tributaries to Back Creek are established on the Cloud and Banner Bank Parcel. Back Creek has been classified as Water Supply -II (WS -II), High Quality Waters (HQW), and Nutrient Sensitive Waters (NSW). Waters classified as WS -II are sources of water supply for drinking, culinary, or food processing purposes where a WS -I, II or III classification is not feasible. These waters are also protected for Class C uses. WS -II waters are generally in predominantly undeveloped watersheds. All WS -II waters are HQW by supplemental classification. Nutrient Sensitive Waters (NSW) is a supplemental classification intended for waters needing additional nutrient management due to being subject to excessive growth of microscopic or macroscopic vegetation (NCDWQ 2019). Natural drainage patterns throughout the watershed have been altered by agricultural production, agricultural ponds, and dredging of the channels. Within the proposed mitigation area, the channels drain surface water and groundwater from the surrounding hayfields. 2.2 Soils The current Alamance County Soil Survey shows nine soil map units across the project. Project soil map units (of various slopes and modified regimes) are mapped by the NRCS as Chewacla loam, Cullen clay loam, Helena sandy loam, Riverview loam, Rowan -Poindexter complex, and Vance sandy loam (Table 1; Figure 8). All units are well drained except for Chewacla loam, which is somewhat poorly drained, and Helena sandy loam, which is moderately well drained. Table 1. Mapped Soil Units within Project Limits Map Hydric Hydrologic Landscape Unit Map Unit Name Components Drainage Class Soil Group Setting S Symbol within Unit ChA Chewacla loam, 0 to 2 percent 5% Somewhat B/D Floodplain slopes, frequently flooded p orly drained CnC2 Cullen clay loam, 6 to 10 percent 0% Well drained B Interfluves slopes, moderately eroded CnD2 Cullen clay loam, 10 to 15 percent 0% Well drained B Interfluves slopes, moderately eroded HeB Helena sandy loam, 2 to 6 percent 0% Moderately D Interfluves slopes well drained RvA Riverview loam, 0 to 2 percent 0% Well Drained B Floodplain slopes, occasionally flooded RxE Rowan -Poindexter complex, 15 to 45 0% Well Drained B Interfluves percent slopes VaB Vance sandy loam, 2 to 6 percent 0% Well Drained C Interfluves slopes VaC Vance sandy loam, 6 to 10 percent 0% Well Drained C Interfluves slopes VaD Vance sandy loam, 10 to 15 percent 0% Well Drained C Interfluves slopes Cloud and Banner Bank Parcel Development Plan 3 May 2019 2.3 Existing Riparian Conditions Current land use in the vicinity of the project is primarily agricultural hay production and disturbed riparian buffer. Current site conditions demonstrate significant habitat degradation as a result of impacts from agriculture, ditching, and historic land uses The site viability letter from DWR in Appendix B provides details on land -uses within the riparian areas on the site. There have been no significant changes to the site since our site viability assessment in 2016, as seen in Existing Condition site photographs taken in April 29, 2019 and included in Appendix E. The riparian zones around Back Creek and the project tributaries are primarily young deciduous forest composed of sweetgum (Liquidambar styraciflua), boxelder (Acer negundo), green ash (Fraxinus pennsylvanica), winged elm (Ulmus alata) and common persimmon (Diospyros virginiana). Within existing wetland areas, vegetation is primarily a young deciduous forest with a sparse shrub layer of winged elm and common persimmon. Herbaceous vegetation includes harvestlice (Agrimonia parviflora), shallow sedge (Carex lurida), and fox sedge (Carex vulpinoidea) with scattered common rush (Juncus effuses) and wild garlic (Allium vineale). In the ditches and lower ponded areas, vegetation is shrub -shrub consisting of common button bush (Cephalanthus occidentalis), black willow (Salix nigra), and common rush (Juncus effusus). The majority of the wetland restoration areas are entirely within active agricultural hayfields containing grasses and sedges and lacking woody vegetation. Species include shallow sedge, fox sedge, common rush, spring flowering Atamasco lily (Zephyranthes atamasca), various pasture grasses and other forbs. The streams within the Parcel limits including Back Creek and the four unnamed tributaries are described below. All project reaches are subject to the Jordan Water Supply Buffer Protection Rule 15A NCAC 02B.0267 and are therefore being proposed to generate buffer restoration and preservation mitigation credit under 15A NCAC 02B.0295(n) and (o)(5) (Appendix B). Back Creek — Back Creek has a moderately wide floodplain within the Parcel and is surrounded by rolling upland slopes and ridges. Back Creek has a drainage area of 14.52 square miles (9,291 acres), and flows northeast to southwest through the project area, past confluences with UT2, UT4, UT5, and UT6, to NC Highway 119 before discharging into Stagg Creek and eventually, Quaker Creek Reservoir. The reach is approximately 4,880 linear feet within the Parcel. The channel buffers have been degraded leading to localized bank erosion and mass wasting. UT2 — UT2 has a drainage area of 0.08 square miles (51 acres) and flows south through an existing 15 -inch -wide corrugated metal pipe at a stream crossing before coming to a confluence with Back Creek. The reach is 883 linear feet. The riparian buffer has a limited width and is primarily comprised of young softwood vegetation. The channel pattern has seen significant anthropogenic modification including straightening and dredging. Cloud and Banner Bank Parcel Development Plan 4 May 2019 UT4 — UT4 has a drainage area of 0.11 square miles (73 acres) and flows north from existing wetlands through an existing 18 -inch -wide corrugated metal pipe at a stream crossing to a confluence with Back Creek. The reach is 852 linear. The riparian buffer has a limited width and is primarily comprised of young softwood vegetation. The channel pattern has seen significant anthropogenic modification including straightening and dredging. UT5 — UT5 has a drainage area of 0.24 square miles (155 acres) and flows north from an existing impoundment through a ford crossing to a confluence with Back Creek. The riparian buffer has a limited width and is primarily comprised of young softwood vegetation. The reach is 726 linear feet. The channel pattern has seen significant anthropogenic modification including straightening and dredging. UT6 — UT6 has a drainage area of 0.05 square miles (32 acres) and flows south from NC Highway 119 through an existing wetland to a confluence with Back Creek. The reach is 702 linear feet. The riparian buffer is primarily comprised of young hardwood vegetation. 2.4 Wetlands The United States Fish and Wildlife Service (USFWS) National Wetland Inventory Map (NWI) depicts several areas of potential wetland areas within the project bounds (Figure 9). A delineation of existing wetlands was performed on April 2017, and an additional area was delineated in July 2018. The delineation was performed using current methodology outlined in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual (Environmental Laboratory 1987) and Regional Supplement to the U.S. Army Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0) (U.S. Army Corps of Engineers 2010). Six Jurisdictional Wetland areas are present (Table 2; Figure 3) on-site. Table 2. Existing Wetland Resources Summary at Cloud and Banner Mitigation Site * Classification is based upon current conditions. Three wetlands (WA, WB, and WF) extend offsite; however, the areas given in Table 2 represent only the extent of these features within the easement limits. Offsite extents of these features were not delineated or accounted for in this report. The Understory vegetation within the wetland areas was made up of Japanese Honeysuckle (Lonicera japonica), green brier (Smilax laurifolia), muscadine (Vitis rotundifolia), poison ivy (Toxicodendron radicans), giant cane (Arundinaria Cloud and Banner Bank Parcel Development Plan 5 May 2019 Est. amount Type of aquatic resource Class of aquatic resource Latitude Longitude Site of aquatic (i.e., wetland vs. non- Geographic authority to (decimal (decimal Number degrees) degrees) resource in wetland waters) which the aquatic resource review area Cowardin Class* may be" subject WA 36.142123 -79.272004 7.26 acres wetland-PFO1Bd Section 404 WB 36.143338 -79.269113 0.67 acres wetland-PFO1Bd Section 404 WC 36.145605 -79.269129 0.54 acres wetland-PEM1Bd Section 404 WD 36.145534 -79.271156 1.28 acres wetland-PFO1Bd Section 404 WE 36.142131 -79.275068 1.19 acres wetland-PFO1Bd Section 404 WF 36.144819 -79.272744 0.22 acres wetland-PFO1Bd Section 404 Total 18.04 acres * Classification is based upon current conditions. Three wetlands (WA, WB, and WF) extend offsite; however, the areas given in Table 2 represent only the extent of these features within the easement limits. Offsite extents of these features were not delineated or accounted for in this report. The Understory vegetation within the wetland areas was made up of Japanese Honeysuckle (Lonicera japonica), green brier (Smilax laurifolia), muscadine (Vitis rotundifolia), poison ivy (Toxicodendron radicans), giant cane (Arundinaria Cloud and Banner Bank Parcel Development Plan 5 May 2019 gigantean), Nepalese browntop (Microstegium vimineum), and common rush. Midstory vegetation consisted of Chinese privet (Ligustrum sinense), Sawtooth blackberry (Rubus argutus), American holly (Ilex opaca). The overstory vegetation consisted of red maple (Acer rubrum), sweetgum, tulip poplar (Liriodendron tulipifera), and laurel oak (Quercus laurifolia). A jurisdictional determination request was sent to the United States Army Corps of Engineers on June 12, 2017. Delineated wetlands have been field verified by Samantha Dailey of the Corps of Engineers during a site visit on July 18, 2017. 2.5 Threatened and Endangered Species Plants and animals with a federal classification of endangered or threatened are protected under provisions of Sections 7 and 9 of the Endangered Species Act of 1973, as amended. The US Fish and Wildlife Service (USFWS) database (updated 26 March 2018) lists one endangered species for Alamance County, North Carolina. The Cape Fear shiner (Notropis mekistocholas) is currently listed as endangered but the "Range by Basin" shows the species' range in the very southern portion of Alamance County more than 10 miles away from the Project. The Bald eagle (Haliaeetus leucocephalus) is protected under the Bald and Golden Eagle Protection Act (BGPA) and prohibits take of bald and golden eagles. No protected species or potential habitat for protected species was observed during preliminary site evaluations. A summary of federally - protected species in Alamance County is included in Table 3. Table 3. Federally Protected Species in Alamance County Common Name Scientific name Federal Status Habitat Present Record Status Bald eagle Haliaeetus leucoce halus BGPA No Current Cape Fear shiner Notro is mekistocholas E No Current BGPA = Bald and Golden Eagle Protection Act, E = Endangered In addition to the USFWS database, the NC Natural Heritage Program (NHP) GIS database was consulted to determine whether previously cataloged occurrences of protected species were mapped within one mile of the project. Results from NHP indicate that there are no known occurrences of state threatened or endangered species within a one -mile radius of the project area. Based on initial investigations, no impacts to state protected species are anticipated as a result of the proposed project. The proposed project offers some potential to improve and create habitat for wild species. Habitat may be improved or created for species that require riverine habitat by improving water quality, in -stream and near -stream forage, and providing stable conditions not subject to regular maintenance. The project will also create upland and wetland forested habitat for terrestrial species. The decision phase of the project will include USFWS coordination to confirm these findings. The USFWS agreed with the findings that minimal adverse impacts to fish and wildlife resources is expected from this Project. Documentation of this finding is found in Appendix B. Cloud and Banner Bank Parcel Development Plan 6 May 2019 2.6 Environmental and Cultural Constraints Environmental and cultural resources include historic and archeological resources located in or near the project parcel. RES completed a preliminary survey of cultural resources to determine potential project impacts. A review of the North Carolina State Historic Preservation Office (SHPO) GIS Web Service database revealed no historic sites within a half mile of the proposed project area. In a letter dated August 12, 2016 the SHPO stated that they had "conducted a review of the project and are aware of no historic resources which would be affected by the project." Correspondence is provided in Appendix B. 2.7 Federal Emergency Management Agency (FEMA) Floodplain/Floodway Mapping Inspection of the FEMA Flood Insurance Rate Map indicates that a majority of Back Creek and associated floodplains are located within a Zone AE flood area, with significant portions of the project located within the FEMA floodway. Back Creek is named East Back Creek in the FEMA Flood Insurance Study. It is a FEMA Limited Detailed Studied Stream and is subject to all applicable floodplain development permitting requirements (Figure 10). A hydrologic analysis will be completed on the existing and proposed conditions of this reach. A No -Rise condition and permit are the anticipated results of this analysis. 3 RIPARIAN RESTORATION AND PRESERVATION PLAN The goal of the Project is to restore ecological function to the existing stream and riparian buffer by establishing appropriate stream buffer plant communities where absent and enhancing buffers where minimal vegetation exists, as well as to protect these buffers and stream function into perpetuity. The buffered channels will provide water quality and habitat functions within the Haw River Subwatershed of Jordan Lake, such as nutrient and sediment removal, filtration of runoff from nearby agricultural fields, and improved aquatic and terrestrial habitat. The current land uses adjacent to the streams purposed for buffer restoration and preservation are primarily composed of active agricultural hay production and forested cover. Riparian restoration and preservation proposed under this BPDP are shown in Figure 4, and were approved by the DWR in their letter dated August 17, 2016 attached in Appendix B. All riparian restoration and preservation buffer mitigation activities along channels will occur within two dedicated zones from the edge of the bank: the zero to 50 foot -wide zone of buffer perpendicular from the top of bank; and the 151 to 200 foot -wide zone of buffer perpendicular from the top of the bank. The zone 51 to 150 feet from the top of bank will be claimed for additional stream credit in the Cloud and Banner Stream and Wetland Mitigation Bank. The Cloud and Banner Stream and Wetland Mitigation Bank will also restore wetlands and generate wetland credits on-site; therefore, any area where wetlands are proposed will also be excluded from the dedicated Riparian Buffer and/or Nutrient credit generation zones. There will be no overlap in the Riparian Buffer and/or Nutrient bank credit areas, wetland credit areas, and buffer areas dedicated for additional stream credit generation (Figure 6). Cloud and Banner Bank Parcel Development Plan 7 May 2019 Before beginning construction, RES will ensure that permitting scenarios are completed. RES obtained Clean Water Act (CWA) Section 404 permit approval in April 2019, and has submitted or will submit applications for a CWA Section 401, a North Carolina Department of Environmental Quality Erosion and Sediment Control permit, and a FEMA no -rise condition and permit. 3.1 Parcel Preparation Preparation within the Parcel will involve treatment for exotic invasive species, contoured ripping, and seeding and planting. Stabilization and implementation of dispersal techniques will be utilized where surface flows have become concentrated to minimize the chances of non -diffuse flow. A combination of silt fencing, erosion control wattles, temporary seeding, and erosion control matting will be used to reduce erosion and stabilize soil in riparian areas during any land disturbance activities. These erosion control measures shall be inspected and properly maintained at the end of each working day to ensure measures are functioning properly until permanent vegetation is established. Disturbed areas shall be temporarily seeded within ten working days and upon completion of final grading, permanent vegetation shall be established for all disturbed areas. Any topsoil that is removed during construction will be stockpiled and reserved for final site soil preparation. After construction activities, the subsoil will be scarified and any compaction will be deep tilled before the topsoil is placed back over the site. This process should provide favorable soil conditions for plant growth. Temporary and permanent riparian seeding shall be done in accordance with the erosion control plan. Bare root plantings and live stakes shall be planted according to the planting plan. All riparian restoration and preservation activities will commence in concurrence with the stream and wetland mitigation activities and not before. Therefore, the mitigation area where riparian restoration is being performed may be altered slightly depending on the approval of the Stream and Wetland Mitigation Plan for the Stream and Wetland Mitigation Bank. The riparian restoration areas will be surveyed, and information will be provided in the As -Built report. 3.2 Riparian Restoration Activities Buffer restoration is proposed along Back Creek, UT2, UT4, and UT5 in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC 02B.0295(n) (Figure 4). Stream Restoration will address existing impairments including floodplain dislocation, bank erosion, nutrient input, and buffer degradation. The stream design approach will include meandering the proposed channels within the natural valley. Within the easement, riparian restoration areas will be planted from top of bank back at least 50 feet, to a maximum of 200 feet from the stream with bare root tree seedlings on an 8 by 8 -foot spacing to achieve an initial density of 680 trees per acre. As previously described, zones dedicated to wetland restoration and additional stream credit generation will not generate any Riparian Buffer or Nutrient Offset credit. Cloud and Banner Bank Parcel Development Plan 8 May 2019 3.3 Riparian Preservation Activities Buffer preservation is proposed along Back Creek, UT2, UT4, UTS, and UT6 in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC 02B.0295(o)(5) (Figure 4). Documentation of the site meeting the requirements of 15A NCAC 02R .0403(c)(7)(8) and (11) is provided in Appendix C. Preservation activities will consist of permanently protecting the buffer from cutting, clearing, filling, grading, and similar activities that would affect the functioning of the buffer. 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 the rest of the area will be protected in the conservation easement and not applied for credit. Furthermore, buffer preservation can only generate Riparian Buffer mitigation credit and is not transferrable to nutrient offset credits. 3.4 Planting Plan Revegetation of the site where riparian restoration is being performed will meet the performance standards outlined in the Rule 15A NCAC 02B.0295. This includes treating invasive species growth and planting at least 4 native hardwood bare root trees planted at a density to ensure a density of 260 stems per acres at the completion of monitoring. No one tree species will be greater than 50% of the established stems. Vegetation within riparian buffers can vary depending on disturbance regime and adjacent community types, so the protected buffer easement will be planted with appropriate native species observed in the surrounding forest and species known to occur in similar environments. Piedmont Bottomland/Swamp Forest will be the target community type for the wetland restoration and enhancement areas onsite, and Piedmont Alluvial Forest and will be the target for stream riparian areas onsite (Schafale, 2012). The initial planting of bare root trees will occur between November 2019 and March 2020, or during stream restoration work, whichever comes last. Tree species specified for planting on the Cloud and Banner Project are shown in Table 4. Table 4. Cloud and Banner Site Tree Planting List Cloud and Banner Bank Parcel Development Plan 9 May 2019 Planting Zone 1- Piedmont Bottomland/Swamp Forest Acres- 15.61 Common Name Scientific Name Spacing Unit Type % Composition Americansycamore Platanus occidentalis 9x6 Bare Root 15 Green ash Fraxinus pennsylvanica 9x6 Bare Root 15 Hackberry Celtis laevi ata 9x6 Bare Root 15 Willow oak Quercus phellos 9x6 Bare Root 15 River birch Betula nigra 9x6 Bare Root 15 Overcup oak Quercus Z rata 9x6 Bare Root 15 Swamp chestnut oak Quercus michauxii 9x6 Bare Root 10 Planting Zone 2- Piedmont Alluvial Forest Acres- 8.25 Common Name Scientific Name Spacing Unit Type % Composition Tulip poplar Liriodendron tuli i era 9x6 Bare Root 15 Americansycamore Platanus occidentalis 9x6 Bare Root 15 Hackberry Celtis laevi ata 9x6 Bare Root 15 Willow oak Quercus phellos 9x6 Bare Root 15 Cloud and Banner Bank Parcel Development Plan 9 May 2019 Swamp chestnut oak Quercus michauxii 9x6 Bare Root 10 Silky dogwood Cornus amomum 9x6 Bare Root 10 Persimmon Diospyros vir iniana 9x6 Bare Root 10 Paw Paw Asimina triloba 9x6 Bare Root 10 3.5 Easement Boundaries and Fencing Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and adjacent properties. Boundaries may be identified by fence, marker, bollard, post, tree - blazing, or other means as allowed by site conditions and/or conservation easement. Boundaries will be marked with signs identifying the property as a mitigation site that will include the name of the long-term steward and a contact number. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. The easement boundary will be checked annually as part of monitoring activities and the conditions as well as any maintenance performed will be reported in the annual monitoring reports to DWR. 4 MONITORING AND MAINTENANCE PLAN 4.1 Monitoring Protocol and Success Criteria Riparian buffer vegetation monitoring will be based on the CVS-EEP Protocol for Recording Vegetation Level 1-2 Plot Sampling Only Version 4.2. Annual vegetation monitoring will occur each year for a minimum of five (5) years and will be conducted during the fall season with the first year occurring at least 5 months from initial planting. As part of the stream and wetland mitigation plan, 19 monitoring plots will be installed a minimum of 100 m2 in size in the planted area (23.17 ac) and will cover at least two percent of the planted mitigation area for the Stream and Wetland Mitigation Bank. At least six fixed plots will be located inside the Riparian Buffer crediting areas, and at least six fixed plots will be placed within areas where RES is seeking additional stream credit for wider buffers. Four plots will be randomly placed each year throughout the planted riparian buffer mitigation and nutrient offset areas (Figure 11). The following data will be recorded for all planted and volunteer trees in the plots: species, height, planting date (or volunteer), and grid location. All stems in plots will be flagged with flagging tape. Photographs will be taken at established monitoring stations each monitoring year. Visual inspection reports and photographs will be provided in the annual reports to ensure that enhancement areas are being maintained and compliant. The measures of vegetative success for the Parcel will be the survival of at least four native hardwood tree species, where no one species is greater than 50% of the established stems, established at a density of at least 260 planted trees per acre at the end of Year 5. Desirable native volunteer species may be included to meet the performance standards as determined by DWR. Invasive and noxious species will be monitored and treated so that none become dominant or alter the desired community structure of the site. RES will monitor the stream and wetland mitigation bank for a minimum of seven years, or until release by IRT approval. Therefore, plots placed within riparian restoration areas that are outside Cloud and Banner Bank Parcel Development Plan 10 May 2019 of the mitigation area for buffer credits will be monitored in accordance with the monitoring protocol in the Cloud and Banner Stream and Wetland Mitigation Plan. 4.2 Adaptive Management Plan and Parcel Maintenance Adaptive measures will be developed, or appropriate remedial actions taken if in the event that the site, or a specific component of the site, fails to achieve the defined success criteria. Remedial actions will be designed to achieve the success criteria specified in this BPDP, and will include identification of the causes of failure, remedial design approach, work schedule, and monitoring criteria that will take into account physical and climatic conditions. Initial plant maintenance may include a one-time mowing, prior to initial planting to remove undesirable species. If mowing is deemed necessary by RES during the monitoring period, RES must receive approval by the DWR prior to any mowing activities to ensure that no buffer violations have been performed. Failure to receive approval to mow within the Jordan Lake buffer, as defined in 15A NCAC 02B.0267, by the DWR could result in Jordan Lake buffer violations and violations of the conservation easement. If necessary, RES will develop a species- specific control plan. 4.3 Long Term Management Plan EBX, LLC acting as the Bank Sponsor, will record a Conservation Easement with the Alamance County Register of Deeds' Office for this site. The Conservation Easement will be assigned to Unique Places to Save (UP2S). All monitoring activities, including periodic inspections of the site to ensure that restrictions required in the Conservation Easement are upheld, are the responsibility of EBX, LLC until the Bank Parcel is transferred to UP2S. Endowment funds required to uphold the Cloud and Banner Bank Parcel conservation easement in perpetuity shall be negotiated prior to site transfer to the UP2S. The Bank Sponsor will ensure that the Conservation Easement has allowed for the implementation of an initial monitoring phase, which will be developed during the design phase and conducted by the Bank Sponsor. The Conservation Easement will allow for yearly monitoring and, if necessary, maintenance of the Parcel during the initial monitoring phase. These activities will be conducted in accordance with the terms and conditions of the RES Cloud and Banner Riparian Buffer and Nutrient Offset MBI made and entered into by EBX, LLC and DWR. 5 FINANCIAL ASSURANCE The Sponsor will provide financial assurances in the form of Performance Bonds sufficient to assure one -hundred percent (100%) completion of all mitigation work, required reporting and monitoring, and any remedial work required. Financial assurances will be payable at the direction of the DWR to its designee or to a standby trust. Financial assurances structured to provide funds to the DWR in the event of default by the Bank Sponsor are not acceptable. The initial performance bond will be in the amount of at least $150,000 and shall be able to cover 100% of Cloud and Banner Bank Parcel Development Plan 11 May 2019 the costs associated with construction of the riparian restoration areas. The monitoring bond shall be in the amount of at least $100,000 and shall be able to cover 100% of the costs associated with the monitoring and maintenance of the riparian restoration areas for five years. Performance bonds for monitoring shall be renewed to cover each year's monitoring period, with confirmation of renewal provided to DWR with each annual monitoring report when applicable. DWR reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals when applicable. 6 NUTIGATION POTENTIAL The Project presents 59.76 acres of permanent conservation easement in Alamance County, North Carolina. While this easement also encompasses areas for the Cloud and Banner Stream and Wetland Mitigation Bank, the purpose of the Project is to generate Haw River Subwatershed of Jordan Lake Riparian Buffer and Nutrient Offset credits. A conservation easement and final recorded plat are provided in Appendix D. There are two dedicated Riparian Buffer and Nutrient credit generation zones within the overall buffer area: the first will begin at the most landward limit of the top of bank or the rooted herbaceous vegetation and extend landward to a distance of 50 feet. The second zone begins at 151 feet and extends landward to 200 feet from the top of bank. The zone (51 to 150 feet from top of bank) between the first and second Riparian Buffer and/or Nutrient Credit generating zones is dedicated to stream credit generation. There are also wetland restoration areas proposed within the easement that will be excluded from the dedicated Riparian Buffer and/or Nutrient bank credit areas. There will be no overlap in the Riparian Buffer and/or Nutrient bank credit areas, wetland credit areas, and buffer areas dedicated for additional stream credit generation (Figure 6). This Bank has the potential to generate approximately 3.72 acres (161,956 ft2) of riparian buffer restoration credits on existing non -forested hayfields, and 0.15 acre (6,534 ft2) of buffer preservation credits. There will be 0.17 acres of nutrient offset that are viable for buffer restoration credits in accordance with 15A NCAC 02B.0240. The riparian buffer mitigation credits generated will service Jordan Lake buffer impacts within the Haw River Subwatershed of Jordan Lake. The nutrient offsets generated will service nutrient load reduction requirements where payments are authorized in 15A NCAC 02B.0240 within the Haw River Subwatershed. The Sponsor will maintain four credit ledgers. One ledger will account for Riparian Buffer Restoration credits, one ledger will account for buffer Preservation credits, one ledger will account for Nitrogen nutrient offset credits, and one will account for Phosphorus nutrient offset credits. All mitigation credit assets shall be shown on these credit ledgers. The total potential mitigation credits that the Cloud and Banner Bank will generate are summarized in Tables 5 and 6; Figure 4. Cloud and Banner Bank Parcel Development Plan 12 May 2019 Table 5. Cloud and Banner Bank Parcel Riparian Buffer Credit Summary Riparian Credit Type Mitigation Existing Used Ratio % Full Mitigation Zone Credit per Type Acreage Acreage Zone Credit Type Credit Assets Acre Riparian Restoration 3.41 3.41 1:1 100% 3.41 ac (148,409.00 sqft) Buffer lbs/30yrs) 151-200' Nitrogen Restoration 0.17 2,249.36 382.39 0-50' Riparian Preservation 10.79 1.45* 10:1 100% 0.15 ac (6,315.33 sqft) 4.40 Buffer 0.17 51-150' Stream or -- -- -- -- -- Wetland Riparian Restoration 0.94 0.94 1:1 33% 0.31 ac (13,546.83 sqft) Buffer 151-200' Riparian Preservation 0.55 0.00* 10:1 33% 0.00 ac (000.00 sqft) Buffer Total Restoration 4.35 4.35 3.72 ac (161,955.83 sqft) 0.15 ac (6,315.33 sqft) Total Preservation 11.34 1.45 includes ratios & reductions *No more than 25 percent of the total area of butler mitigation will be used for preservation credit pursuant to 15A NCAC 0295(o)(5) and 15A NCAC 0295(o)(4) and the rest of the area will be protected in the conservation easement and not applied for credit. Table 6. Cloud and Banner Bank Parcel Nutrient Offset Credit Summary Table 7. Alternative Crediting Scenario for Nutrient Credit Conversion to Buffer Credit Nutrient Offset Credit Nutrient Offset Credit Credit Type Mitigation Existing Type Acreage Used Acreage Ratio % Full Mitigation Credit Assets Mitigation Existing Credit per Generated Delivery Delivered Zone Credit Type Type Acreage Acre Credits Factor Credits lbs/ac lbs/30yrs) 151-200' Nitrogen Restoration 0.17 2,249.36 382.39 36% 137.66 151-200' Phosphorus Restoration 0.17 143.81 24.45 18% 4.40 Total 0.17 Table 7. Alternative Crediting Scenario for Nutrient Credit Conversion to Buffer Credit Nutrient Offset Credit Zone Credit Type Mitigation Existing Type Acreage Used Acreage Ratio % Full Mitigation Credit Assets 151-200' Nitrogen Restoration 0.17 0.17 1:1 33% 0.06 (2,443.72 sqft) Total 0.17 *The data presented in this table represent the credit potential of the proposed nutrient credits, were they to be converted to riparian buffer credits. The Sponsor may use the credits generated on the non -forested hayfields for Jordan Lake Riparian Buffer Mitigation or Nutrient Offsets, but not both. All applicable ratios must be accounted for when converting from nutrient offset to buffer. The Sponsor must submit a written request and receive written approval from DWR prior to any credit conversions and transfers to the buffer and nutrient offset 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. Cloud and Banner Bank Parcel Development Plan 13 May 2019 7 REFERENCES Environmental Laboratory. (1987). "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS Federal Emergency Management Agency (FEMA). 2006. FEMA Flood Insurance Rate Map: Panel 3710981600K. https://msc.fema.gov/portal/search. (February 2019). FEMA. 2006. FEMA Flood Insurance Rate Map: Panel 3710982600L. htlps://msc.fema.gov /portal/search. (February 2019). FEMA. 2007. FEMA Flood Insurance Rate Map: Panel 3710981700J. htlps://msc.fema.gov /portal/search. (February 2019). FEMA. 2007. FEMA Flood Insurance Rate Map: Panel 3710982700K. htlps://msc.fema.gov /portal/search. (February 2019). Lee, M.T. et al. 2008. CVS-EEP Protocol for Recording Vegetation, All Levels of Plot Sampling. Version 4.2. http://cvs.bio.unc.edu/methods.htm. (February 2019). North Carolina Department of Environment and Natural Resources (NCDNR). 2005. "Cape Fear River Basinwide Water Quality Plan." Division of Water Quality. https://deq.nc.gov /about/divisions/water-resources/planning/basin-planning/water-resource-plans/cape-fear- 2005. (February 2019). NCDNR. 2016. "N.C. Wetland Assessment Method User Manual Version 5." N.C. Wetland Functional Assessment Team. https://files.nc.gov/ncdeg/Water%20Qualily/Environmental %20Sciences/ECO/Wetlands/NC%20WAM%20User%20Manua1%20y5.pdf. (February 2019) North Carolina Department of Environmental Quality. 2019. Nutrient Sensitive Waters and Special Watersheds. htlps://deg.nc.gov/about/divisions/energy-mineral-land-resources/nsw- special-watersheds. (February 2019). North Carolina Office of Administrative Hearings (NCOAH). 2010. Rule 15A NCAC 02B.0240 - Nutrient Offset Payments. htlp://reports.oah.state.nc.us/ncac.asp?folderName=\Title%2015 A%20-%20Environmental%20Qualit, \�pter%2002%20-%20Environmental%20Manage ment. (February 2019). NCOAH. 2014. Rule 15A NCAC 02B.0267 - Jordan Water Supply Nutrient Strategy: Protection of Existing Riparian Buffers. http://reports.oah.state.nc.us/ncac.asp?folderName= \Title%2015A%20-%20Environmental%20Qualit, \�pter%2002%20-%20Environmental %20Mana ems. (February 2019). Cloud and Banner Bank Parcel Development Plan 14 May 2019 NCOAH. 2015.15A NCAC 02B.0295 - Mitigation Program Requirements for the Protection and Maintenance of Riparian Buffers. http://reports.oah.state.nc.us/ncac.asp?folderName =\Title%2015A%20-%20Environmental%20Qualit. \�pter%2002%20%20Environmental %20Management. (February 2019). North Carolina Department of Natural and Cultural Resources (NCDNCR). 2018. North Carolina State Historic Preservation Office (SHPO) GIS Web Service. hqp://www.hpo. ncdcr.gov/. (2018). NCDNCR. 2018. Natural Heritage Program (NHP) GIS database. https://ncnhde.nature serve.org/. (2018). Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Web Soil Survey. htlps://websoilsurvey.sc.egov.usda.gov/. (February 2019). Schafale, M.P. 2012. Classification of the Natural Communities of North Carolina, Fourth Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDENR, Raleigh, NC. U.S. Army Corps of Engineers (USACE). 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0), ed. J. S. Wakeley, R. W. Lichvar, and C. V. Noble. ERDC/EL TR -10-20. Vicksburg, MS: U.S. Army Engineer Research and Development Center. U. S. Fish and Wildlife Service (USWFS). 2018. National Wetlands Inventory website. U.S. Department of the Interior, Fish and Wildlife Service, Washington, D.C. http://www.fws. gov/wetlands/. (February 2019). USFWS. 2018. National Wetlands Inventory website. U.S. Department of the Interior, Fish and Wildlife Service, Washington, D.C. https://www.fws.gov/raleigh/species/cnlylist/wake.html. (February 2019). Cloud and Banner Bank Parcel Development Plan 15 May 2019 Appendix A — Supporting Figures Figure 1. Service Area Figure 2. Project Vicinity Figure 3. Existing Conditions Figure 4. Conceptual Design Plan for Riparian Buffer Bank Figure 5. Conceptual Design Plan for Stream and Wetland Mitigation Figure 6. Buffer Zones Figure 7. USGS Quadrangle Figure 8a. Mapped Soils Figure 8b. Alamance County Soil Survey Figure 9. National Wetlands Inventory Figure 10. National Flood Hazard Layer Figure 11. Monitoring Plan ��J 'r 22P [aO11 f nrij ,I Fn -Salem Virg rru@ -� tVc rth C1r�lma tvi Yan ceyv II le Cloud and Banner Mitigation Project Hillsborough 'lhcmasvill = �lherty Cary Y 6'1 Ash 4-1 Holly Springs i Fuquay-Yarinn lua Legend y - ngton Service Area - HUC 03030002 ® Haw River Subwatershed of the Jordan Lake Watershed 24 Walk " Figure 1 - Service Area Date: 2/20/2019 W E Cloud and Banner Drawn by: MDE ies 0 5 10 Mitigation Project Checked by: KAw Miles Alamance County, North Carolina 1 inch = 10 miles _ � I I I lip Prospect HILI �Afarnance - - _CA $we 11 0 i i I i$1. - I C I 49 Z p$ '®as v NtiL 49 `I Qcc ee>e4rh- 0 I cj v Cloud and Banner Cedar Grove Mitigation Project '' I l s I ' I a I I I Green Level Golf CIA I a � ! Q yr Mebane &.Haw River Alain Si 1 '4 Graham a T, ` — I Legend G Proposed Easement ca 14 -Digit HUC - 03030002030070 �a " Figure 2 - Project Vicinity Date: 2/15/2019 W E Cloud and Banner Drawn by: MDE S pi es 0 1 2 Mitigation Project Checked by. KAW 1 inch=2 miles Miles Alamance County, North Carolina 71 �4kf. Maw HD �HD HB Vol 61A •y �y r t x , res CPU Of nVp 7.j r . r i W E 0 150 300 ♦ ' r i - „ Feet -1111,11111,10 Figure 4 - Conceptual Design Vr Plan for Riparian Buffer Bank 1,. •', r� ' !' iii '� , s � Cloud and Banner �, . �! ., t.. a ,'.,i`©-. Y - ,. y� , �� --�- - i i 1. �' X19 ' ,• � i r� � .: � � �, - � ,�, '•. ,, a ' w '.4 �� Mitigation Site fa �� _ v l ,fit �`' Alamance County, North Carolina + r • -- �n ) ' M Y ... , � '..fix ��. r , 1� j. i /� ,�,y {� /�. �gr,,, � �'� /r �� Y � f {A• i���'4 �'� �� P t J' ;�i y, ": •C.7 �y. V.. 'C? {v - r d 6` -S 's /',P/. .� {'��•µ f Y ry ," T r i 1j t,ir vA h e t Date: 5/1/2019 Drawn by: MDE r. ti Wp Y.. <{; :.s "rJ - --- { �kY Checked by: JRM 1 in= 300 feet �«_'7it 'ice �'•+�Legend �l -' I' _ ' ' •:"��. � _� -fi !�� •., '-;' � - � _.,_;. �7 ,firs 'r- - .. _ "Y ' i,�'�' f.,e�,, �'.. •kit � a ' 4'."• 1�, [:]Proposed Easement Proposed Top of Bank r � _ y Wetland Mitigation 4' j _.g •` ,�.. y.. .r�•, !�{ y 1 rf .r t -44 � `4: `h.41 „t Vegeation Plot Within Buffer Mitigation Area � � ,. ''! i $ y � -+ ' , , r � . n., �dl' yY„ [ - � .� f .fit y ,1! v-Pi•'rD�:+l '+� Y! I ti z1G �11r<: wl. sytr t';'? FXC ;�! i •r r� ) ., vegetation Plot Outside Mitigation Area ,, As-'YIrNt. , ' 11 ' +� 7 `•i . t'�'.. ,`. � � r..,� x. ".ate ,.��.. � �, r ," L dr ids, 2:t '� !'' T !j , r :� A. Stream Credit for Additional Buffer c ,:. )%. t L is IT 71 "ttl"Y'R i. a; x tr - k71; , t y� (51 150') +� _,f �.Y•:. ' ,;r,k i r, ')a� -}" ;, i1 A r" f r;.} ter' *• e Back Creek Not In Easement - x1r Buffer r Mitigation r •, � �, �' Riparian Buffer Credit -.p Q Restoration (0-50') VPRiparian Credit Type Mitigation Type Existing Area Used Credit Per Ratio r Full Mitigation Assets zone Acreage (fe) Acreage* Acre(it') Credit ® Restoration (151-200') Riparian Buffer Restoration 3.41 148,409 3.41 43,560 1.1 100% 3.41 ac (148,409.00 sgft) .. i� y-,•'. t _,.y`41 'I Dt 0-50' Riparian Buffer Preservation 10.79 469,797 1.45 43,560 101 100% 0.15 ac (6,315.33 sgft) Q Preservation (0-50') 51-150' stream or Wetland ® Preservation (151-200') Riparian Buffer Restoration 0.94 41,051 0.94 43,560 1.1 33% 0.31 ac (13,546.83 sgft) 151-zoo' -Nutrient (151-200') r Riparlan Buffer Preservation 0.55 24,146 0.00 43,560 10:1 1 33% 0.00 ac (000.00 sgft) Total Restoration 4.35 4.35 3.72 ac (161,955.83 sgft) 0.15 ac (6,315.33 sgft) +r M, kt. Total Preservation 11.34 1.45 includes ratios &reductions iN to 15A NCAC 025 .0295 0 4 and 5 "the area of reservation credit within a buffer mitigation site shall comprise of no more than 25% of the total `` area ofbuffer mitigation". !`Frit.Kp,;' ✓ fir''rt.. f" only 1.4 forpres - ' Therefore 5 ac is allowable evation credit. Nutrient Offset Zone Mitigation Type Credit Type Existing Credit Per Acre Generated Delivery Delivered Credits Acreage (lbs/ac) Credits Factors (lbs/30yrs) Restoration hoNitrogen 0.17 2,249.36 382.39 36% 137.66 151-200' Riparian Resration Psphorus 0.17 143.81 24.45 18% Fr 4.40 IMF- .. to .,C4��YyR � R r .� f,.. ['r �• a T : •j�" Y Z� Iq •' - 1, +�•� - _ u r.� '�Ya _ fi - 1 �j _.� iF-K `Y. �" 'i�'� _�•� L F. te3i i. �^1 _ �� >�'+rk �P � �- � � , yI e ♦r I f I.II.LJ - -� - pi'4 •.yr - a = •' t _ , s 1 oo _— fir, 4 rG e. lA oo b it .d � jhri ;m i < I # Ilk r w dp , ,`� `�,I •�' • a•^iE'r �� ,�a �, 'r�M _ ,� , �'F wd���' -` ``�`,�V+'i1.F � twpA. f. �.: �e",��•3'f.. .-C t3f �-' .''y�y�y y�r? � ' ��"" R�r Pt �4, f }�9 i ro' 'r -s +i. 'k.` .� •�. ' n 1' .�3 1'-'"5 �T', � .r 'fie �`.�-.:�.. s ' ;: � T..�; i a ,•'�' - .: - '; ,fJ �Wv �* t � a R ,�.+RYa�IJ *� ry Ctl � . y a HIM An Y r � L pyo y�� +Y ` r^ , m f rfi TEE I nWR Rinnrinn Miffnr Non -Standard Buffer Width Credit Areas * For Reference Only fires N E �N s 0 200 400 Feet Figure 6 - Buffer Zones Cloud and Banner Mitigation Site Alamance County, North Carolina Date: 2/20/2019 Checked by: KAW Drawn by: MDE 1 in = 400 feet Proposed Easement BPDP Buffer C� Restoration (0-50') arR�■w■■Ip� �L. a�I1i1 ♦fit BPDP Buffer Restoration (151- 200') . BPDP Buffer Preservation (0- 50') BPDP Buffer Preservation (151- 200') NSBW Credit Area (51-150') Ineligible Credit Area arR�■w■■Ip� �L. a�I1i1 ♦fit IiuSh rte—r I{ G p Back Creek i'- Drainage Area: , -- -- i 9,291 ac 1-j Drainage Area: 51 ac ' c �? r UT6 Drainage Area:.: 32 ac 1 C - UT5 a• Drainage Area: UT4 r' 4 ' 155 ac ••;.�� l Drainage Area: 73 acc sy - Legend - Proposed EasementWA ® Drainage Area N Figure 7 - USGS Quadrangle Date: 2/20/2019 Burlington NE (1972) w e Drawn by: MDE Cloud and Banner res o 1,000 2,000 Mitigation Project Checked by:„" 1 inch = 2,000 feet Feet Alamance Count North Carolina Legend Proposed Easement I Hydric (100%) F Predominantly Hydric (66-99%) F' Partially Hydric (33-65%) Predominantly Nonhydric (1-32%) L_I Nonhydric (0%) marc \A/ok HeB Map Unit Symbol Map Unit Name ChA Chewacla loam, 0 to 2 percent slopes, frequently flooded CnC2 Cullen clay loam, 6 to 10 percent slopes, moderately eroded CnD2 Cullen clay loam, 10 to 15 percent slopes, moderately eroded HeB Helena sandy loam, 2 to 6 percent slopes RvA Riverview loam, 0 to 2 percent slopes, occasionally flooded RxE Rowan -Poindexter complex, 15 to 45 percent slopes VaB Vance sandy loam, 2 to 6 percent slopes Vac Vance sandy loam, 6 to 10 percent slopes VaD Vance sandy loam, 10 to 15 percent slopes W+� s 0 200 400 Feet Figure 8a - Mapped Soils Cloud and Banner Mitigation Project Alamance County, North Carolina Date: 5/1/2019 Drawn by: MDE res Checked by: KAW 1 inch =400 feet amp PUBHh 4 ► 1 ' , i � 1 PP .Y ' 1 f 4 � •4 tdA Am V km .1 � w •.- `ryr� , ,-�+� �, t , ! j P,ji,i 1 � , •,� ,+b�; i�Y � � � '��� �L r - ,p� = :. �jF,st f 4.i• •• Pt �c� 1 s ;`' sof li' A �+. ip•�;' PUBHh � � - '".��' ' �• k � 1j9' ��i - All, I IR.Vla _'Pp _ �` � �s • rad. J ' .. ay i `��.�+��(, Vit• PEM1Ad PEM1Ad ♦11 7 43 S * rt PFO1A Yi �.�# ,•: ,. � -_ PUBHh ,3:�'4"��tr�"y�+�x � ';'Z(�+`f5�`{' �` s`� t is Legend { Proposed Easement NWI Wetland (USFWS 10/29/2018) " Figure 9 - National Wetlands Inventory Date: 5/1/2019 r es w e Drawn by: MDE - Cloud and Banner s Mitigation Project Checked by: KAW 0 200 400 1 inch=400 feet Feet Alamance County, North Carolina r P 1 �r All, I IR.Vla _'Pp _ �` � �s • rad. J ' .. ay i `��.�+��(, Vit• PEM1Ad PEM1Ad ♦11 7 43 S * rt PFO1A Yi �.�# ,•: ,. � -_ PUBHh ,3:�'4"��tr�"y�+�x � ';'Z(�+`f5�`{' �` s`� t is Legend { Proposed Easement NWI Wetland (USFWS 10/29/2018) " Figure 9 - National Wetlands Inventory Date: 5/1/2019 r es w e Drawn by: MDE - Cloud and Banner s Mitigation Project Checked by: KAW 0 200 400 1 inch=400 feet Feet Alamance County, North Carolina A p AREA �+ F MINIMAL FLC7UD HAZAR � Zone X ,e s SI ip r PANEL 3T449817fl4J eff.3lfi[=24flfi Zane - I` PANEL MIA2, mill FI ., y � ',t{ ' M'.:�r 1 � � � ?` Ct�►f4�i} s '°' ,fit :', � �� ! r Er�7� F4i is ..J- ca 90MER l 3r71fl9$1�fl4K AREA DF MINIMAL FLC]�a HAZARD Zar�� x eff. 1 I !17lr2417 «1, Note: There will be a total of 19 vegetation plots; 14 fixed vegetation plots, and 5 will be randomly placed each monitoring year. Random vegetation plots are not shown in this monitoring plan. Random plots will vary by location and dimenasion. Vegetation plot locations are all proposed locations. fires N W E s 0 150 300 Feet Figure 11 - Monitoring Plan Cloud and Banner Mitigation Project Alamance County, North Carolina Date: 4/24/2019 Drawn by: MDE Checked by: KAW I 1 in = 300 feet Legend Proposed Easement Proposed Top of Bank and Mitigation Type Enhancement (3:1) Re-establishment (1:1) Re-establishment (2:1) Preservation (10:1) Planting Zone Zone 1 (15.61 ac) Zone 2 (8.25 ac) ✓egetation Plot Location ®Vegetation Plot Within Buffer Mitigation Area ®Vegetation Plot Outside Buffer Mitigation Area Appendix B — Correspondence Water Rnswrces ENVI RVNMENTAL QUALITY PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director July 25, 2016 Daniel Ingram Resource Environmental Solutions 302 Jefferson St, Suite 110 Raleigh, NC 27605 Subject Property: Cloud and Banner Mitigation Site, Alamance County On -Site Determination for Applicability to the Jordan Buffer Rules (15A NCAC 2H .0267) Dear Mr. Ingram: On June 21, 2016, at your request and in your attendance, Sue Homewood conducted an on-site determination to review features located on the subject project for stream determinations with regards to the above noted state regulations. Katie Merritt with the Division of Water Resources was also present during the site visit. During the site visit on June 21, 2016, 1 determined that the features labeled UT1 and UT3 were ephemeral channels. Features UT2, UT4 below the crossing/culvert, and UT6 were determined to be intermittent channels. Back Creek was determined to be a perennial stream, and UT5 was determined to be at least an intermittent stream. UT4 above the crossing/culvert was determined to be a modified natural channel along the edge of the wetland starting at a point identified and documented during the site visit. Please note that at the time of this letter, all intermittent and perennial stream channels found on the property are subject to the rules cited above. These regulations are subject to change in the future. The owner (or future owners) should notify the Division (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. 450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105 Phone: 336-776-9800 \ FAX 336-776-9797 \ Customer Service 1-877-623-6748 Internet: www.ncdenr.gov - www.ncwater.org Landowners or affected parties that dispute a determination made by the Division 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 Wetlands and Buffers Permitting and Compliance Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. Individuals that dispute a determination by the Division or Delegated Local Authority that "exempts" 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. The Division 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 Waters of the United States or Waters of the State or their associated buffers. If you have any additional questions or require additional information, please contact me at 336-776-9693 or sue.homewood@ncdenr.gov. Sincerely, Sue Homewood Winston-Salem Regional Office Enclosures: res provided Stream map cc: Katie Merritt, DWR 401 & Buffer Permitting Branch (via email) DWR, Winston-Salem Regional Office Water Resources ENVIRONMENTAL QUALITY PAT MCCRORY Gmerwor DONALD R. VAN DER VAART SC -01 -Y S. JAY ZIMMERMAN Dlreclor August 17, 2016 Daniel Ingram Resource Environmental Solutions, LLC 302 Jefferson St., Suite 110 Raleigh, NC 27605 (via electronic mail) Re: Site Viability for Buffer Mitigation & Nutrient Offset — Cloud & Banner Site Off NC Hwy 119 near 4962 Mrs. White Ln., Mebane, NC (adjacent to Back Creek) Alamance County Dear Mr. Ingram, On May 2, 2016, Katie Merritt, with the Division of Water Resources (DWR), received a request from Resource Environmental Solutions, LLC (RES), for a site visit near the above -referenced site in the Haw River Ann of the Jordan Lake Watershed to determine the potential for riparian buffer mitigation and nutrient offset. On .lune 21, 2016, Ms. Merritt performed a site assessment of the subject site, which is more accurately shown in the attached aerial initiated by Ms. Merritt on August 17, 2016. If approved, mitigating this site could provide riparian buffer and nutrient offset credits to mitigate impacts in the Haw River Sub -watershed of Jordan Lake. Ms. Merritt's evaluation of the features from Top of Bank {TOB) out to 200' for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and 15A NCAC 02B .0240 is provided in the table below: Feature Classification tSubmect Adjacent Land uses Buffer Nutrient Mitigation Tyne to Buffer credit Offset Viable Rule at 2,273 Viable lbs acre UTI Ephemeral No Hay crop cultivation No No This feature does not meet Channel/ requirements under 15A NCAC 02B Grassed swale .0295 (o)(7) to generate buffer mitigation UT2 Stream Yes Closed canopy of Yes Yes (non- Forested Areas = Preservationt per native hardwoods w/ forested areas 15A NCAC 02B .0295 (o)(5) hay crop cultivation only) outside of forested Hay field = Restoration areas UT3 Ephemeral No Closed canopy of Yes Yes {non- Forested Areas = Preseruationt per Channel native hardwoods w/ forested areas 15A NCAC 028 .0295 (o)(4) and 15A hay crop cultivation only) NCAC 02B (o)(7) outside of forested areas Hayfield= Restoration per 15A NCAC 0213 .0295 (o)(7) & 15A NCAC 028.0295(n) State of North Carolina ; Environmental Quality I Water Resources 1617 Mail service Center I Raleigh, North Carolina 27699-1617 919 907 6300 Cloud & Banner (RES) August 17, 2016 Feature Classification 'Subject Adjacent Land uses Buffer Nutrient Mitigation Type to Buffer Credit Offset Viable Rule Viable UT4 Modified Yes Closed canopy of Yes Yes (non- Forested Areas = Preservation2 per (end point Natural native hardwoods w/ forested areas 15A NCAC 02B .0295 (o)(5) flagged Stream hay crop cultivation only) ansitej (above outside of forested Hay field = Restoration crossing) & areas on East side stream (below crossing along wetland) UT5 Stream Yes Mostly hay crop Yes Yes (non- Forested Areas = Preservation' per cultivation wl closed forested areas 15A NCAC 02B .0295 jo)(5) canopy of native only) hardwoods upstream Hay field = Restoration to property boundary UTG Stream Yes Mostly closed canopy Yes Yes {non- Forested Areas = Preservationr per of native hardwoods forested areas 15A NCAC 028.0295 (o)(5) w/ hay crop only) cultivation on West Hay field = Restoration side Subjectivity calls were determined 7125116 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 215A NCAC 02B .0295 (o)(4) & (o)(5) - The area of preservation credit within a buffer mitigation site shall comprise of no more than 25% of the total area of buffer mitigation. Therefore, while Preservation may be an option along the streams, it may not meet the rule requirements to be utilized for credits throughout. A map showing the project site and the features is provided and signed by Ms. Merritt on August 17, 2016. This letter should be provided in all future mitigation plans for this Site. In addition, all vegetative plantings, performance criteria and other mitigation requirements for riparian restoration and preservation must follow the requirements in 15A NCAC 02B .0295 to be eligible for buffer mitigation credits. Please contact Katie Merritt at (919)-807-6371 if you have any questions regarding this correspondence. Sincerely, Karen Higgins, Supervisor 401 and Buffer Permitting ch KAH/km Attachments. Site Aerial cc: File Copy (Katie Merritt) Pa -e 212 en`s • �', ..*�7a-.- oil 9r,j " a s It t • �� n•�": ! _ J' � J� / t _'moi' f� �_• e j • .� �.�, r, ��.�•� 0 Disturbed hydric Roil borings 56.45 Ac t a �_-.._ `: s * �`� •x."�.� -y �n'4.-�- -.. re _ M' R , - "� - 1 / ! it � •y' 1 •S. Ayr � y�' �'�. ,.. .y vl - 1. + i,t.'t 4� ,'✓n guy - - _ Easernent Stream Mitigation Restoration (1:1) v Enhancement t (1.5:1) N -Enhancement 11 (2-5:1) Enhancement 111 (5:1) Wetland Mitigation High Enhancement (2:1) xti � Low Enhancement (5�1) •y - p S United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh ES Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 January 26, 2017 Andrea Hughes U.S. Army Corps of Engineers, Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 Re: RES Cape Fear UMB Diaryland Mitigation Site SAW -2016-01258 and Cloud and Banner SAW -2016-0245I/ Orange and Alamance Counties Dear Mrs. Hughes: The U.S. Fish and Wildlife Service (Service) has reviewed the information concerning the above referenced project. The project, based on the description in your letter to our office, and other information, is expected to have minimal adverse impacts to fish and wildlife resources. In accordance with the Endangered Species Act of 1973, as amended, (ESA) and based on the information provided, and other available information, it appears the action is not likely to adversely affect federally listed species or their critical habitat as defined by the ESA. We believe that the requirements of section 7 (a)(2) of the ESA have been satisfied for this project. Please remember that obligations under the ESA must be reconsidered if: (1) new information identifies impacts of this action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. For your convenience a list of all federally protected endangered and threatened species in North Carolina is now available on our website at http://www.fws.gov/raleigh. Our web page contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), and a list of federal species of concern' that are known to occur in each county in North Carolina. 1 The term "federal species of concern" refers to those species which the Service believes might be in need of concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to federal species of concern. RECEIVEDLRALF North Carolina Department of Natural and Cultulb State Historic Preservation OfficeTORY Ramom M. Bartos, Axl3uinis€tutor. �Governor Flat mcc--tory Sectcfctry Susair Kltittctary Kevin Cherry August 12, 201 Sohn Thomas Wilmington District, Corps of Engineers 3 331 Heritage Trade Drive, St€ite 105 Wake Forest, NC 27587 Re: RES Cape Fear Umbrella Mitigation Bank, SAW 2016-01258, Orange and Alamance C,`oLinties, ER 16-1389 Dear Mr. Thomas: We have received a ptiblic notice concer•nilig the above project. We have conducted a review of the project and are aware ot'no historic resources which would be affected by the project. Therefore, we have no conulrent on the project as proposed. The above coixmetits are made; pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council. on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration, If you have questions concerning, the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or - 1 ,Ii'' i_,"liI g- r, lit all n—111ll fritu, comu Ovation concerning this project, please' cite, the Liit alcove referenced tracking number. Sincerely, "Ji�l ,, _I` Raniona M. liar tos .............. _.._......r. ......._. -._m_..---- .... ..—................... _.._..................... _..�._. _._�.._ ........._..mm....._._ _ Lacalioit: 1.09 Cast Jones S€rec€, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Ralcigh NC 276994617 Tetephv,celFax: {9i9j 80:-Cz�7018 }T-5599 Appendix C — EDR Data REW Land 2000 NC Highway 119 Mebane, NC 27302 Inquiry Number: 4589651.2s April 12, 201 B 6 ArmstroRoad 41th floor Shelton, C7ng 06484 (rEDREnvironmental Data Resources Inc Toll Free 800 352 0050 vwvvr edrnet.com FORM -UF -CCA TABLE OF CONTENTS SECTION PAGE Executive Summary------------------------------------------------------- ES1 OverviewMap----------------------------------------------------------- 2 DetailMap-------------------------------------------------------------- 3 Map Findings Summary ---------------------------------------------------- 4 MapFindings.----------------------------------------------------------- 8 OrphanSummary.-------------------------------------------------------- 10 Government Records Searched/Data Currency Tracking. - - - - - - - - - - - - - - - - - - - - - - - - - GR -1 GEOCHECK ADDENDUM GeoCheck - Not Requested Thank you for your business. Please contact EDR at 1-800-352-0050 With any questions or comments. Disctalffw - This Report contains oensin information obtained from prta variety of8public and other sourcetss reasonably available to Environmental Data RescourSher s0�cessNO cannot uded OR Report MADthat E WHATSOEVER ISN CONNECTION WITH get and Tf RfPOR7. rAARB HTALBzist horn DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING VMWOUr LMMtTATION, 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. *NTHOUT LIMITATION, SPECIAL. INCIDENTAL. CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LWITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report AS IS-. Any analyses, estimates, rob s. 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 provid ar�y fads regarding or predicbm or forecast of, any envirorvnental risk for any property. 9; a Phase I Enviromhental 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 2618 by Environmental Data Resources. Inc All rights reserved. Reproduction In any media or format, in whole or in pan, of any report or map of Environmental Data Resources, Inc.. or its affiliates. tes. s 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 TC4589651 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) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. TARGET PROPERTY INFORMATION ADDRESS 2000 NC HIGHWAY 119 MEBANE, NC 27302 COORDINATES Latitude (North): 36,1436830 - 36' 8' 37.25" Longitude (Wiest): 79.2713220 - 79' 16' 16.75' Universal Tranverse Mercator: Zone 17 UTM X (Meters): 655529.5 UTM Y (Meters): 4001068.5 Elevation: 549 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: Version Date: Northeast Map: Version Date: Southeast Map: Version Date: South Map: Version Date: AERIAL PHOTOGRAPHY IN THIS REPORT Portions of Photo from: Source: 5847951 BURLINGTON NE NC 2013 5947913 CEDAR GROVE. NC 2013 5947915 EFLAND, NC 2013 5947931 MEBANE, NC 2013 20120531,20120511 USDA TC4SM51 2s EXECUTIVE SUNIMA Rr 1 MAPP1V SPRY TaWt EMrty Address: 2004 NC HIGHWAY 119 MEBANE, NC 27302 Click on Map ID to see full detail. MAP RELATIVE DIST (ft. & mi.) 4589MI -2s Page 2 i EXECUTIVE SUMMARY TARGET PROPERTY SEARCH RESULTS The target property was not listed in any of the databases searched by EDR DATABASES VATti 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 sift list NPL ......................... National Priority List Proposed NPL --------------- Proposed National Priority List Sites NPL LIENS ................... Federal Superfund Liens Federal Delisted NPL sft list Delisted NPL ................ National Priority List Deletions Federal CERCLIS list FEDERAL FACILITY --------- Federal Facility Site Information listing SEMS . ....................... Superfund Enterprise Management System FWaral CERCLIS NFRAP site list SEMS -ARCHIVE ........_.._ Superfund Enterprise Management System Archive Federal RCRA CORRACTS facliltles flat CORRACTS.................. Corrective Action Report Fodaral RCRA cion-CORRACTS TSD facllMos list RCRA-TSDF----------------- RCRA- Treatment,StorageandDisposal Federal RCRA gsmrators list RCRA-LQG.................. RCRA - Large Quantity Generators RCRA-SQG.................. RCRA - Small Quantity Generators RCRA-CESQG--------------- RCRA - Conditionally Exempt Small Quantity Generator Federal lnstM100 al confit / sng<in"dog controls toos&" LUCIS------------------------ Land Use Control Information System US ENG CONTROLS......... Engineering Controls Sites List TC4589651.2% EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY US INST CONTROL......... Sites with Institutional Controls ERNS ........................ Emergency Response Notification System Stag- and tribal - squl valent NPL NC RSDS .................... Hazardous Substance Disposal Site Stag and tribal - equivalent CERCUS SHWS........................ Inactive Hazardous Sites Inventory Stats and Mbal landfill and/or solid wash disposal shoe Hats SWF/LF...................... List of Solid Mate Facilities OLL-------------------------. Old Landfill Inventory Stall 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 regh0rsd sfor"e ton* lists FEMA UST ................... Underground Storage Tank Listing AST .......................... AST Database INDIAN UST ................. Underground Storage Tanks on Indian Land State and tribal lnsdwVonal control/ •ngimmring control regholes INST CONTROL ............. No Further Action Sites With Land Use Restrictions Monitoring Stab and tribal vokrntary cleanup s/tas INDIAN VCP ................. Voluntary Cleanup Priority Listing VCP .......................... Responsible Party Voluntary Action Sites Stats and tribal BrownAakh shos BROWNFIELDS.............. Brownfields Projects Inventory ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield !lits US BROWNFIELDS..... ..... A Listing of Brownfrelds Sites Local Usti of LandNil / Solid Waste Disposal SMes HIST LF ...................... Solid Waste Facility Listing TC4S69651 211 EXECUTIVE SUMMARY 4 EXECUTIVE SUMMARY SWRCY...................... Recycling Center Listing INDIAN ODI------------------ Report on the Status of Open Dumps on Indian Lands ODI .......................... Open Dump Inventory DEBRIS REGION 9.. _........ Torres Martinez Reservation Illegal Dump Site Locations Local Lista of Hazardous waste / Contaminated Sites US HIST CDL ............... Delisted National Clandestine Laboratory Register US CDL ..................... National Clandestine Laboratory Register Local Land Recalls LIENS 2 ..................... CERCLA Lien Information Records of Emergency Release Reports HMIRS----------------------- 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 1 NLR........ RCRA - Non Generators / No Longer Regulated FUDS........................ Formerly Used Defense Sites DOD------------------------- Department of Defense Sites SCRD DRYCLEANERS...... State Coalition for Remediation of Dryc lesners 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 Complianoe Information System FTTS......................... FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) MLTS------------------------ Material Licensing Tracking System COAL ASH DOE............ Steam -Electric Plant Operation Data COAL ASH EPA .............. Coal Combustion Residues Surface Impoundments List PCB TRANSFORMER....... PCB Transformer Registration Database RADINFO.................... Radiation Information Database HIST FITS ................... FIFRA/TSCA Tracking System Administrative Case Listing DOT OPS .................... Incident and Accident Data CONSENT ................... Superfund (CERCLA) Consent Decrees INDIAN RESERV............. Indian Reservations FUSRAP--------------------- Formerty Utilized Sites Remedial Action Program UMTRA...................... Uranium Mill Tailings Sites LEAD SMELTERS ........... Lead Smelter Sites US AIRS--------------------- Aerometric Information Retrieval System Facility Subsystem TC45SM1.28 EXECUTIVE SUMMARY 5 EXECUTIVE SUMMARY US MINES------------------- Mines Master Index File FINDS ........................ Facility Index System/Facility Registry System COAL ASH ................... Coal Ash Disposal Sites DRYCLEANERS............. Drydeaning Sites Financial Assurance .......... Financial Assurance Information Listing NPDES....................... NPDES Facility Location Listing UIC.......................... Underground Injection Wells Listing ECHO ------------------------ Enforcement & Compliance History Information FUELS PROGRAM........... EPA Fuels Program Registered Listing EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EOR MGP .................... EDR Proprietary Manufactured Gas Plants EDR Hist Auto ................ EDR Exclusive Historic Gas Stations EDR Hist Cleaner............. EDR Exclusive Historic Dry Cleaners EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Art:hives RGA HWS .................... Recovered Government Archive State Hazardous Waste Facilities List RGA LF ...................... Recovered Government Archive Solid Waste Facilities List RGA LUST ................... Recovered Govemment Archive Leaking Underground Storage Tank SURROUNDING SITES: SEARCH RESULTS rrscs 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 tower 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 ltalks are in multiple databases. Unmappable (orphan) sites are not considered in the foregoing analysis. STANDARD ENVIRONMENTAL RECORDS State and tribal registered storage tank lista UST: The Underground Storage Tank database contains registered USTs. LISTS are regulated under Subtitle I of the Resource Conservation and Recovery Ad (RCRA). The data come from the Department of Environment & Natural Resources' Petroleum Underground Storage Tank Database. A review of the UST list. as provided by EDR, and dated 02/05/2016 has revealed that there is i UST site within approximately 0.25 miles of tete target property. Equ@VHigher Elevation Address Direction 1 Distance Map ID Page ADY'S C -STORE 1525 HWY 112 N SSW 118 - 114 (0.242 mi.) 1 a TC4589651,2s ExECUTivE SUMMARY 6 EXECUTIVE SUMMARY Tank Status: Cu" M Fmc ty td: 0044000035M EXEcurrve suMw►Rv Thins wars no mnvW sft in #* mw. WASOa Ia W EMcurne SUMMARY 0 I !C" N Target Property ♦ Sites at elevations higher than or equal to the target property • Sites at elevations lower than the target property A Manufactured Gas Plants National Priority List Shea Dept. Defense Sipes OVERVIEW MAP - 4588651.2S 9 I- a L"'M E F 'r 0 114 112 a Miles Indian Reservations 81A Hazardous Substance County Boundary Disposal Sites 100 -year }Mood zone 500 -year flood, zone ® NeVonal Wed" Inventory State Wetlands This report includes Interactive Map Layers to display and/or hide map intormallon The teuend includes only those icor for the delault map view SITE NAME: REW Land CLIENT: Sail & Env. Consultants, PA ADDRESS. 2000 NC Highway 1t9 CONTACT: Don Wells Mebane NC 27302 INQUIRY #., 4589651-2s LAVLONG: 36.143683/79.271322 DATE: April 12, 2016 12:36 pm 1:oWVM c 2016 FDA Me C 2015 Som owe A&I2015 I F 'r 0 114 112 a Miles Indian Reservations 81A Hazardous Substance County Boundary Disposal Sites 100 -year }Mood zone 500 -year flood, zone ® NeVonal Wed" Inventory State Wetlands This report includes Interactive Map Layers to display and/or hide map intormallon The teuend includes only those icor for the delault map view SITE NAME: REW Land CLIENT: Sail & Env. Consultants, PA ADDRESS. 2000 NC Highway 1t9 CONTACT: Don Wells Mebane NC 27302 INQUIRY #., 4589651-2s LAVLONG: 36.143683/79.271322 DATE: April 12, 2016 12:36 pm 1:oWVM c 2016 FDA Me C 2015 Som owe A&I2015 DETAIL MAP - 4589651.2S SITE NAME: REW Land CLIENT: Soil & Env. Consultants, PA ADDRESS: 2000 NC Highway 118 CONTACT 'Don Wells Mebane NC 27302 INQUIRY #l: 4589651.2s LAT/LONG: 36.143683/79.271322 DATE: April 12, 2016 12:37 pm -- Wp�t,;htc2ots#OR.IKo7015fu+ic+.w� M+.s Target Property 6 14 1M /Roil" Sites at elevations nigher than or equal to the target property _ ,r Wian Reservations BIA hazardous Substance • elevations lower than iao-year flood zone Disposal Sites he tat the target property Soo -year flood zone A Manufactured Gas Plants Nafbonal Wetland Inventory ■Sensitive Receptors Natonal P'"only List Sites State Wetlands Dept Defense sites This report includes Interactive Map Layers to display andlor hide map Information. The legend includes only those icons far the default map view. SITE NAME: REW Land CLIENT: Soil & Env. Consultants, PA ADDRESS: 2000 NC Highway 118 CONTACT 'Don Wells Mebane NC 27302 INQUIRY #l: 4589651.2s LAT/LONG: 36.143683/79.271322 DATE: April 12, 2016 12:37 pm -- Wp�t,;htc2ots#OR.IKo7015fu+ic+.w� M+.s MAP FINDINGS SUMMARY Search Distance Target Total Database (Miles) Property < 1/8 1/8-114 1/4-1/2 1/2-1 > 1 Plotted STANDARD ENVIRONMENTAL RECORDS Federal NPL she list NPL 1.000 Proposed NPL 1.000 NPL LIENS TP Federal Delisted NPL site list Delisted NPL 1.000 Federal CERCUS list FEDERAL FACILITY 0.500 SEMS 0.500 Federal CERCUS NFRAP site list SEMS -ARCHIVE 0.500 Federal RCRA CORRACTS facllldes list CORRACTS 1.000 Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF 0.500 Federal RCRA generators list RCRA-LQG 0.250 RCRA-SQG 0.250 RCRA-CESQG 0.250 Federal Institutional controls / engineering controls registries LLICIS 0.500 US ENG CONTROLS 0500 US INST CONTROL 0.500 Federal ERNS list ERNS TP State• and tribal- equivalent NPL NC HSDS 1.000 State• and tribal - equivalent CERCL/S SHWS 1.000 State and tribal landtlll and/or solid waste disposal site lists SWF/LF 0.500 OLI 0.500 State and tribal leaking storage tank lists LAST 0.500 0 0 0 0 NR 0 0 0 0 0 NR 0 NR NR NR NR NR 0 0 0 0 0 NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 0 NR 0 0 0 0 NR NR 0 0 0 NR NR NR 0 0 0 NR NR NR 0 0 0 NR NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 NR NR NR NR NR 0 0 0 0 0 NR 0 0 0 0 0 NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 TCOM51.2s Page 4 MAP FINDINGS SUMMARY Search 0 US BROWNFIELDS 0.500 Local Lists of Lam011 / Solld Wash Disposal Sites 0 Distance Target 0.500 SWRCY 0.500 INDIAN ODI 0.500 Total Database (Mites) Property < 118 118-1/4 1/4-1/2 V2 - 1 > 1 Plotted 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 NR NR 0 NR NR NR NR FEMA UST 0.250 0 0 NR NR NR 0 UST 0.250 0 1 NR NR NR 1 AST 0.250 0 0 NR NR NR 0 INDIAN UST 0.250 0 0 NR NR NR 0 State and tribal Institutional control / engineering control registries INST CONTROL 0.500 0 0 0 NR NR 0 State and tribal voluntary cleanup sites INDIAN VCP 0.500 0 0 0 NR NR 0 VCP 0.500 0 0 0 NR NR 0 Stria and tribal Browm%W sties BROWNFIELDS 0.500 0 0 0 NR NR 0 ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield hats 0 US BROWNFIELDS 0.500 Local Lists of Lam011 / Solld Wash Disposal Sites 0 HIST LF 0.500 SWRCY 0.500 INDIAN ODI 0.500 ODI 0.500 DEBRIS REGION S 0.500 Local Lists of Hatardous wast / contaminated sites NR 0 US NIST CDL TP US CDL TP Local Land Records 0 LIENS 2 TP Records of Emergency Release Reports HMIRS TP SPILLS TP IMD 0.500 SPILLS 90 TP SPILLS 80 TP Other Ascertainable Records RCRA NonGen 1 NLR 0.250 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 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 0 0 0 NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 0 0 NR NR NR 0 T0459MI.2s Page 6 MAP FINDINGS SUMMARY EDR HIGH RISK HISTORICAL RECORDS EOR Exclusive Records Total Plotted EDR MGP 1.000 Search 0 0 0 NR 0 EDR Hist Auto 0.125 0 Distance Target NR NR NR 0 EDR Hist Cleaner 0.125 0 Database (Miles) Property < 118 118-1/4 114-1/2 1/2-1 1 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 TP NR NR NR NR NR EPA WATCH LIST TP NR NR NR NR NR 2020 COR ACTION 0.250 0 0 NR NR NR TSCA TP NR NR NR NR NR TRIS TP NR NR NR NR NR SSTS TP NR NR NR NR NR ROD 1.000 0 0 0 0 NR RMP TP NR NR NR NR NR RAATS TP NR NR NR NR NR PRP TP NR NR NR NR NR PADS TP NR NR NR NR NR IC1S TP NR NR NR NR NR FTTS TP NR NR NR NR NR MLTS TP NR NR NR NR NR COAL ASH DOE TP NR NR NR NR NR COAL ASH EPA 0.500 0 0 0 NR NR PCB TRANSFORMER TP NR NR NR NR NR RADINFO TP NR NR NR NR NR HIST FTTS TP NR NR NR NR NR DOT OPS TP NR NR NR NR NR CONSENT 1000 0 0 0 0 NR INDIAN RESERV 1000 0 0 0 0 NR FUSRAP 1.000 0 0 0 0 NR UMTRA 0.500 0 0 0 NR NR LEAD SMELTERS TP NR NR NR NR NR US AIRS TP NR NR NR NR NR US MINES 0.250 0 0 NR NR NR FINDS TP NR NR NR NR NR GOAL ASH 0.500 0 0 0 NR NR DRYCLEANERS 0.250 0 0 NR NR NR Financial Assurance TP NR NR NR NR NR NPDES TP NR NR NR NR NR UIC TP NR NR NR NR NR ECHO TP NR NR NR NR NR FUELS PROGRAM 0.250 0 0 NR NR NR EDR HIGH RISK HISTORICAL RECORDS EOR Exclusive Records Total Plotted EDR MGP 1.000 0 0 0 0 NR 0 EDR Hist Auto 0.125 0 NR NR NR NR 0 EDR Hist Cleaner 0.125 0 NR NR NR NR 0 EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt Archives RGA HWS TP NR NR NR NR NR 0 TCA%9551.2s Page 6 MAP FINDINGS SUMMARY NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database TC45MM1.29 Pape 7 Search Distance Target Total Database (Miles) Property c 118 118-1/4 114 -1R 112.1 > 1 Plotted RGA LF TP NR NR NR NR NR 0 RGA LUST TP NR NR NR NR NR 0 - Totals — 0 0 1 0 0 0 1 NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database TC45MM1.29 Pape 7 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Sip. Databases) EPA ID Humber 1 ADY'S C STORE UST U003295390 SSW 1523 HWY 119 N N1A IM -114 MEBANE, NC 27302 0.242 mL 1200 fL Relatfw; UST: Higher FacMy Id: 00.0.0000035099 Contac: YVETTE LOCKLEAR ACWM: Contac Addressi : 1484 HWY 199 N no fL Contact Addreas2: Not mponed Contact City0aiemp. MEBANE, NC 27302- FIPS Count Desc: Alamance Latitude: 0 Longitude; 0 Tank Id: 1 Tank Status: Current Installed Date: 12/0511997 Perm Close Date: Not reported Product Key: 3 Product Name: Gasoline. Gas Mix Tank Capacity: 11000 Rod Tarek Id: Not reported Main Tank: No Compartment Tank: No Manifold Tank: 0 Commercial: No Regulated: No Tank Construction: Unknown Piping Construction: Unknown Piping System Key: Unknown Other CP Tank: Not reported Overfill Protection Key: 1 Overfill Protecion Name: Unknown Spin Protection Key: 1 Spill Protection Name: Unknown Lank Detection Key: -1 Leak Detection Name: Unknown Decode for TCONS KEY: Unknown Decode for PCONS_KEY: Unknown Decode for PSYS KEY: Unknown Tank Id: 2 Tank Status: Current InstWW Date: 12103!1997 Perm Close Dale: Not reported Product Key: 3 Product Name: Gasoline, Gas Mix Tank Capacity: 4000 Root Tank Id: Not reported Main Tank: No Compartment Tank: No Manftld Tank: 0 Commercial: No Repulaled: No Tank Constnrction: Unknown Piping Constriction: Unknown T04S09651.2s Page 8 Mop ID Dimckm Distance Elevation E:L ADY'S C$TORE (CWWnusM Piping System KW Unknown Other CP Tank: Not reported OmU Protection Key: 1 Owedl Protection Name: Unknown Sptil Protection Kay: 1 Spits Protection Mame: Unknown Leak Detection Key: -1 Leak Detection Name: Unknown Decode for TCONS KEY: Unknown Decode for PCONS_KEY: Unknown Decade for PSYS KEY: Unknown EDR ID Number Datatme(s) EPA ID Number TC4589851.28 Paye 9 Ca Onlw a ONPWAPJWNW cow mo Wkwom ■rArrw xb OEM-" MarmroLND rAMMAb P"P" Appendix D — Conservation Easement and Plat RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Conservation Easement") made this day of , 201_ by and between ("Grantor") and ("Grantee"). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. RECITALS WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein (the "Property"); WHEREAS, Grantee is a charitable, not-for-profit or educational corporation, association, or trust qualified under § 501 (c)(3) and § 170 (h) of the Internal Revenue Code, and N.C. Gen. Stat. § 121-34 et seq., the purposes or powers of which include one or more of the purposes (a) — (d) listed below; (a) retaining or protecting natural, scenic, or open -space aspects of real property; (b) ensuring the availability of real property for recreational, educational, or open -space use; (c) protecting natural resources; (d) maintaining or enhancing air or water quality. WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the property in its natural state, which includes the following natural communities: add or delete as appropriate: wetlands, streams, and riparian buffers. The purpose of this Conservation Easement is to maintain streams, wetlands and riparian resources and other natural values of approximately _acres, more or less, and being more particularly described in Exhibit B attached hereto and incorporated fully herein by reference (the "Conservation Easement Area"), and prevent the use or development of the Conservation Easement Area for any purpose or in any manner that would conflict with the maintenance of its natural condition. WHEREAS, the restoration, enhancement and preservation of the Conservation Easement Area is a condition of the approval of the Mitigation Banking Instrument (MBI) and Mitigation Plan for the _ Army (DA) Action ID Number SAW - the Mitigation Bank in the Mitigation Bank, Department of the entitled "Agreement to Establish River Basin within the State of North Carolina", to be made and entered into by and between acting as the Bank Sponsor and the Wilmington District Corps of Engineers (Corps), in consultation with the North Carolina Interagency Review Team (IRT). The Mitigation Site has been approved by the Corps for use as a mitigation bank to compensate for unavoidable stream and wetland impacts authorized by DA permits. WHEREAS, the restoration, enhancement and preservation of the Conservation Easement Area is also a condition of the approval of the Riparian Buffer and Nutrient Offset Mitigation Banking Instrument (MBI) and Bank Parcel Development Package (BPDP) for the Riparian Buffer and Nutrient Offset Mitigation Bank, North Carolina Division of Water Resources (NCDWR) Project ID# , which was approved by the NCDWR, and will be made and entered into by and between , acting as the Bank Sponsor, and the NCDWR. The Riparian Buffer and Nutrient Offset Site is intended to be used to compensate for riparian buffer and nutrient impacts to surface waters. WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by the NCDWR and the Corps (to include any successor agencies) ("Third - Parties"), and may be exercised through the appropriate enforcement agencies of the United States and the State of North Carolina, and that these rights are in addition to, and do not limit, the rights of enforcement under the NC DWR Project ID# and the Department of the Army instrument number SAW - ("Mitigation Banking Instrument"), or any permit or certification issued by the Third - Parties. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Conservation Easement Area described on Exhibit B, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Conservation Easement Area inconsistent with the purpose of this Conservation Easement is prohibited. The Conservation Easement Area shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Conservation Easement Area. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural features of the Conservation Easement Area or any introduction of non-native plants and/or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Conservation Easement Area. C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities, including any rights of passage for such purposes are prohibited. D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Conservation Easement Area are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation in the Conservation Easement Area except as provided in the Mitigation Plan and Bank Parcel Development Plan. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or volunteer trees and shrubs approved in the Mitigation Plan and BPDP is allowable once a year for no more than five consecutive years from the date on page 1 of this Conservation Easement, except where mowing will negatively impact vegetation or disturb soils. Mowing activities shall only be performed by and shall not violate any part of Item 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 Easement Area.. M. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Area which is or may become inconsistent with the purposes of this grant, the preservation of the Conservation Easement Area substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III GRANTOR'S RESEVERED RIGHTS The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the Conservation Easement Area for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement Area, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this Conservation Easement. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors and assigns, including acting as the Bank Sponsor, the right to construct and perform activities related to the restoration, enhancement, and preservation of streams, wetlands and riparian areas within the Conservation Easement Area in accordance with the approved Mitigation Plan, the Bank Parcel Development Package, and the two Mitigation Banking Instruments described in the Recitals of this Conservation Easement. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, the Corps and NCDWR, shall have the right to enter the Property and Conservation Easement Area at all reasonable times for the purpose of inspecting the Conservation Easement Area to determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee, Enter Sponsor Name, and its authorized representatives, successors and assigns, the Corps and NCDWR shall also have the right to enter and go upon the Conservation Easement Area for purposes of making scientific or educational observations and studies, and taking samples. The easement rights granted herein do not include public access rights. ARTICLE V ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Easement, Grantee, the Corps, and NCDWR are allowed to prevent any activity on or use of the Conservation Easement Area that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Conservation Easement Area that may be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the terms of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction or restoration, including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. The Corps and the NCDWR shall have the same rights and privileges as the said Grantee to enforce the terms and conditions of this Conservation easement.. B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Conservation Easement Area resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Conservation Easement Area resulting from such causes. ARTICLE VI MISCELLANEOUS A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Easement, and that Grantor will warrant and defend title to the Property against the claims of all persons._ B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Conservation Easement Area. The Grantor agrees to provide written notice of such transfer at least sixty (60) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Conservation Easement Area or any portion thereof and shall not be amended, modified or terminated without the prior written consent and approval of the Corps. C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder pursuant to 33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34 et seq. and § 501 (c)(3) and § 170 (h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. Entire Agreement and Severability. The combined Mitigation Banking Instruments: MBI with corresponding Mitigation Plan, and MBI with corresponding BPDP, and this Conservation Easement sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Long -Term Management. Grantor is responsible for all long-term management activities associated with fencing. These activities include the maintenance and/or replacement of fence structures to ensure the aquatic resource functions within the boundaries of the Protected Property are sustained. G. Extinguishment. In the event that changed conditions render impossible the continued use of the Conservation Easement Area for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, byjudicial 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 Snonsor: To the Corns: US Army Corps of Engineers Wilmington District Regulatory Division 69 Darlington Avenue Wilmington, NC 28403 To NCDEQ -DWR: NCDEQ— Division of Water Resources 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1601 K. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee's interest shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. L. Amendment. This Conservation Easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. M. Present Condition of the Conservation Easement Area. The wetlands, scenic, resource, environmental, and other natural characteristics of the Conservation Easement Area, and its current use and state of improvement, are described in Section of the Mitigation Plan,_prepared by Grantor and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee have copies of this report. It will be used by the parties to assure that any future changes in the use of the Conservation Easement Area will be consistent with the terms of this Conservation Easement. However, this report is not intended to preclude the use of other evidence to establish the present condition of the Conservation Easement Area if there is a controversy over its use. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. [Signatures of the Grantor and Grantee in appropriate form] Appendix E — Existing Conditions Photographs - -� p _ = VRwp - -- , ' .+-•..� . .•rte _�i's'� � rk� .r.,1 � � . f: '�-• ,.Sr a.i-� �. ,, `•Ry �'• �,. ' � _ .'.R.. �5., +T:. �, f.. •��„ � .may,_ -- � kb • ytJ F �#•. � HD HDI G�►D � _ '� r - I ql� ft � MA� -Z jtbjpL1j_ HB "'� 7u yY" ito hr lit s • �R +It Cloud and Banner Buffer Mitigation Bank Existing Conditions Photos April 29, 2019 Photograph Station #1 Photograph Station #3 Photograph Station #5 Photograph Station #2 eA 1 Photograph Station #4 Photograph Station #6 fires Photograph Station #7 raph Station #9 Photograph Station #11 Photograph Station #8 Photograph Station #10 N 4� Photograph Station #12 �4 Photograph Station #7 raph Station #9 Photograph Station #11 Photograph Station #8 Photograph Station #10 N 4� Photograph Station #12 Photograph Station #13 fires Photograph Station #14