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20180181 Ver 3_Plan Final_20191002ID#* 20180181 Select Reviewer:* Katie Merritt Initial Review Completed Date 10/03/2019 Mitigation Project Submittal -10/2/2019 Version* 3 Is this a Prospectus, Technical Proposal or a New Site? * Type of Mitigation Project:* r Stream r Wetlands W Buffer V Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* Cara Conder Project Information Existing 20180181 (DWR) (nunbersonly ...nodash) ID#:* Project Type: (- DMS r Mitigation Bank Project Name: Scarborough County: Wayne Document Information C' c� Email Address:* cara@waterlandsolutions.com Existing Version: (nurrbersonly) Mitigation Document Type:* Mitigation Plans File Upload: Scarborough DWR Plan Final.pdf 36.73MB Rease upload only one RDF of the corrplete file that needs to be subnitted... Signature Print Name:* Cara Conder Signature: Scarborough Buffer Mitigation & Nutrient Offset Plan Table of Contents 1 Introduction...............................................................................................................................................4 1.1 Project Location............................................................................................................................ 4 1.2 Project Description........................................................................................................................4 2 Project Area - Existing Conditions.............................................................................................................. 5 2.1 Reach Descriptions........................................................................................................................5 2.2 Existing Wetlands..........................................................................................................................6 2.3 Soils...............................................................................................................................................6 2.4 Existing Vegetative Communities.................................................................................................7 2.5 Threatened and Endangered Species...........................................................................................7 2.6 Cultural Resources........................................................................................................................7 2.7 Constraints....................................................................................................................................8 2.8 FEMA Floodplain / Floodway Mapping.........................................................................................8 3 Proposed Neuse Buffer & Nutrient Offset Restoration Plan.....................................................................8 3.1 Parcel Preparation........................................................................................................................9 3.2 Riparian Restoration.....................................................................................................................9 3.3 Riparian Preservation..................................................................................................................10 3.4 Planting.......................................................................................................................................10 4 Monitoring and Maintenance Plan..........................................................................................................11 4.1 Monitoring Protocol....................................................................................................................11 4.2 Performance Standards for Vegetation Adjacent to Single -Thread Streams .............................11 4.3 Performance Standards for Vegetation Adjacent to Coastal Headwater Streams ....................11 4.4 Performance Standard for Coastal Headwater Streams............................................................12 4.5 Adaptive Management Plan.......................................................................................................13 4.6 Conservation Easement..............................................................................................................13 5 Credit Release Schedule...........................................................................................................................13 6 Financial Assurance..................................................................................................................................14 7 Mitigation Potential.................................................................................................................................15 8 Citations...................................................................................................................................................17 Page 2 4 NC DWR Stream Identification Form Version 4.11 Date: r jr} r� Project/Site: �f'b �! V 2 Latitude: 31,7g7? Evaluator: H �11Q 0 0-t_ County: kAtiC Longitude: -77, � 9 f CO Total Points: Stream Determination (circle one) _ Other siu Stream Is at leastlnterinittent r f / if? 19 or erennlal if ? 34* I Ephemeral Intermittent Perennial e.g. Quad Name: co 10 � A. Geomorphology (Subtotal = Absent Weak Moderate Strong 1$ Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0* 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts, 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 11 1.5 11. Second or greater order -channel No =.O Yes = 3 11 artificial ditches are not rated; see discussions in manual B. Hvdroloav (Subtotal = l - 12. Presence of Ba-seflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 .1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 0 C. Bioloav (Subtotal = 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 i 2 3 21. Aquatic Mollusks 0 i 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 ------ 25. Algae 0 0.5 1 1.5 26. Wetiand plants in streambed FACW = 0.75; OBi_ =1.5 Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: fs-1 C� Sketch: A ' /Yl /j� C ? 4-R, W G o(V k. 6)(rAr' 4'c' / u L 17 i Iz t9 TNesU c !� 0411 Ia Ch "1 C�N,vtjGiJ 7° wr 04tid f rF T* -t4, 171W e-leve7i 3} 3z2to,J� �? 41 1-7F W Scarborough Buffer Mitigation & Nutrient Offset Plan Riparian Buffer & Nutrient Offset Mitigation Bank DWR #2018-0181v3 Wayne County, North Carolina Neuse River Basin (HUC 03020202) FINAL October 2019 Prepared by: WATER & LAND SOLUTIONS 7721 SIX FORKS ROAD, SUITE 130, RALEIGH, NC 27615 (919) 614 - 5111 1 waterlandsolutions.com Scarborough Buffer Mitigation & Nutrient Offset Plan Figures Figure1...............................................................................................................................Service Area Map Figure2.........................................................................................................................Project Location Map Figure3.................................................................................................................................. NRCS Soils Map Figure4.................................................................................................................................. Floodplain Map Figure5.............................................................................................................................Existing Conditions Figure 6................................................................................Proposed Buffer and Nutrient Restoration Plan Figure 7.............................................................................Stream and Wetland Mitigation Conceptual Plan Figure 8................................................................................................................ Proposed Monitoring Map Appendices Appendix A............................................................................................... DWR Determinations and Viability Appendix8...................................................................................................................................... Photo Log Appendix C..................................................................................................... Model Conservation Easement Page 3 4 Scarborough Buffer Mitigation & Nutrient Offset Plan 1 Introduction The Scarborough Nutrient Offset and Buffer Mitigation Bank Parcel ("Parcel") is proposed under the terms and conditions of the Scarborough Nutrient Offset and Buffer Mitigation Banking Instrument (MBI), made and entered into by Water and Land Solutions, LLC (WLS), acting as Bank Sponsor ("Sponsor"), and the North Carolina Department of Environmental Quality ("NCDEQ"), Division of Water Resources ("DWR"). The Parcel shall be planned and designed according to the MBI, 15A NCAC 0213.0240, and the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295, which became effective on November 1, 2015. The Buffer Mitigation & Nutrient Offset Plan (Plan) will be designed in concurrence with the WLS Neuse 02 Stream and Wetland Umbrella Mitigation Bank, Scarborough Mitigation Site (SAW #2017-02527). The mitigation plan for the Scarborough Mitigation Site has been submitted to the Interagency Review Team and a prospectus has been approved. This Parcel is proposed to provide riparian buffer and nutrient offset mitigation credits for unavoidable impacts due to development in the Neuse River Basin, United States Geologic Survey (USGS) 8 -digit Hydrologic Unit Code (HUC) 03020202. Nutrient offset credits may be used for stormwater requirements for new and existing development requiring nutrient offsets. The Parcel service area is depicted in Figure 1. 1.1 Project Location The Parcel (35.3211000 N, -77.98972222 W) is located in Wayne County, North Carolina, approximately four miles south of the Town of Goldsboro (Figure 2). The site boundary is within the 8 -digit HUC 03020202, in the NCDEQ sub -basin 03-04-05 (Warm Water Thermal Regime). To access the site from Raleigh, NC, follow US Interstate 540 East towards Wendell/Zebulon. Take Exit 26B towards US Highway 64 East/US Highway 264 East toward Wilson and Rocky Mount. Continue for approximately 14 miles and keep right to continue on US -264 E towards Wilson/Greenville. Continue for approximately 19 miles and continue onto US Interstate 1-795 South / US -264 E. Continue for approximately five miles and take Exit 43 C towards Gold sboro/Kenly. Continue for approximately 22 miles on 1-795 S. Merge onto US Highway 117 South/US Highway 13 South and continue for approximately two miles. Turn left onto Arrington Bridge Road and continue approximately three miles. Turn right onto Casey Mill Road and continue approximately 0.2 miles and arrive at the site entrance on the right. 1.2 Project Description The Parcel encompasses land along unnamed tributaries to the Neuse River in Wayne County, NC, and is in row crop agricultural and silvicultural land use. Historically, the project stream reaches have been extensively ditched to promote rapid drainage from the adjacent farm fields. This disturbance has resulted in stream channel incision and a permanent disconnection from the streams' relic floodplain. Most of the project stream reaches have been completely or partially cleared with some areas of forested or successional riparian buffer. Currently, the project reaches act as significant sources of nutrient contamination to the project watershed and the Neuse River. The project will involve the restoration of Neuse buffers and other riparian areas in order to help reduce non -point source discharge of contaminants into streams and agricultural ditch channels within the Neuse River basin. The project area is comprised of two easements and is approximately 239 acres, which Page 4 4 Scarborough Buffer Mitigation & Nutrient Offset Plan includes the stream and wetland mitigation areas. The Parcel streams drain directly to the Neuse River which is listed as 'Class C' and Nutrient Sensitive Waters (C; NSW), according to the North Carolina Division of Water Resources (NCDWR) (2018). Out of the 239 acres, 16.21 acres will be restored for Neuse buffer credit and 15.80 acres will be restored for nutrient offset restoration credit. In general, Neuse buffer widths will extend a minimum width of 50 feet from tops of stream banks, while nutrient offset restoration area widths will extend out to a maximum of 200 feet from the top of the channel or ditch bank. The buffer restoration credit adjacent to coastal headwater stream mitigation is classified as alternative mitigation under Rule 15A NCAC 02B .0295 (o)(2) and is discussed in Section 3.3. The DWR performed an onsite Site Viability for Buffer Mitigation and Nutrient Offset on January 11, 2019 (letter dated March 29, 2019) for the Parcel (Appendix A). Another Site Viability for Buffer Mitigation and Nutrient Offset was completed for Reach UTI -113 (Scarborough Phase 2) and was issued July 10, 2019. The buffer mitigation and nutrient offset viability will be based on the proposed site conditions. 2 Project Area - Existing Conditions 2.1 Reach Descriptions UTI -R1 originates as a small headwater stream tributary towards the top of the catchment. The perennial stream reach has a drainage area of 116 acres. Due to historic land use activities (silviculture), it is likely the stream was straightened and heavily manipulated. In this upper catchment area, multiple ditches and flow paths originate at hillslope seeps within a relatively undeveloped drainage area. These headwater systems are currently high -functioning, with associated riparian wetlands before flowing into the adjacent field areas. The riparian buffer and habitat features along this reach segment have been degraded through the removal of native buffer vegetation and ditching activities. UTI -112 continues flowing to the northeast towards the Neuse River. UTI -112 has a drainage area of 515 acres at the downstream terminus near the Casey Mill Road culvert crossing. Because of historic land use activities (row crop agriculture), the stream has been straightened, and the associated wetlands have been ditched. In this area, a series of small lateral ditches connect to the primary flow path, indicating seasonally wet conditions are present throughout the floodplain. UTI -112 is actively subject to water quality stressors, mainly in the form of nutrient inputs and minimal riparian buffer widths. UTI -113 continues flowing to the northeast towards the Neuse River below the culvert crossing. UTI -113 has a drainage area of 603 acres at the downstream terminus near the existing culvert crossing at Arrington Bridge Road. The stream has been straightened/channelized, and the associated wetlands have been ditched and drained. Based on a review of current soils evaluation, historic soils and LiDAR, the valley morphology and crenulations would likely support a more natural meandering stream system. UTI -113 is actively subject to water quality stressors, mainly in the form of nutrient inputs and minimal riparian buffer widths. UT1A is a small intermittent headwater tributary that flows northeast to its confluence with UTI -R1. In this upper catchment area, multiple ditches and flow paths exist that originate at a hillslope seep within a relatively undeveloped drainage area. UT1A has a drainage area of 71 acres. Within the project area, this stream was historically relocated, straightened and deepened, likely for farming and/or flood control Page 5 4 Scarborough Buffer Mitigation & Nutrient Offset Plan purposes. The channel has been relocated against the edge of the field and straightened to drain the adjacent fields. UT1B is a small intermittent headwater tributary that flows south to its confluence with UTI -R1. In this upper catchment area, multiple ditches and flow paths exist and originate above Pecan Road. UT1B has a drainage area of 55 acres. Within the project area, this stream was historically straightened and deepened, likely for farming and/or flood control purposes. The channel has been straightened to drain the adjacent fields. Fine sediments have deposited in the reach, and the channel has limited bedform diversity and habitat functions. The upstream portion of UT1B has been manipulated in the past, but is relatively stable. UT1B is actively subject to water quality stressors, mainly in the form of nutrient inputs and marginal riparian buffer widths. UT2 transitions from a wooded area north of the property boundary where the stream transitions from a stable multi -thread headwater system to a channelized stream with no riparian buffer vegetation. The perennial tributary has a drainage area of 176 acres. UT2 is actively subject to water quality stressors, mainly in the form of nutrient inputs and minimal riparian buffer widths. UT3 flows southward towards UTI -112 and has a drainage area of 86 acres. The degraded stream and wetland system in this area has been heavily manipulated in the past (row crop agriculture). The current stream conditions are ditched/straightened throughout the entire reach length. UT3 is actively subject to water quality stressors, mainly in the form of nutrient inputs and no riparian buffer vegetation. 2.2 Existing Wetlands Based on preliminary site investigations, including hand augered soil borings, it is likely that jurisdictional wetlands were once present throughout the headwater stream valleys, and the extent of the existing wetland areas was determined by the valley crenulations and overall bottom widths. When on-site streams were straightened and/or dredged, groundwater elevations were altered such that many of the historic wetlands along the stream fringe were drained and lost. These areas have been utilized for agriculture (row crop) production over the past fifty years and have lost a majority of historic wetland function. A preliminary jurisdictional determination package is provided in Appendix F of the Stream and Wetland Mitigation Plan. However, because of extensive ditching activities and subsequent groundwater and hydrology impacts, these areas are not currently considered to be existing jurisdictional wetlands. Areas within the site that were not timbered or where stream sections were not severely modified maintain the presence of jurisdictional wetlands. 2.3 Soils The Parcel is located in the Inner Coastal Plain Physiographic Region. The project area is located along the Neuse River which represents a transitional zone or fall line between the eastern Piedmont and Inner Coastal Plain. As shown on the NRCS Soils Map (Figure 3), there are four main soil types on the Parcel: Dragston loamy sand, Nahunta very fine sandy loam, Lumbee sandy loam, and Lakeland sand. The Parcel soils are commonly defined by a sandy loam surface layer, predominantly sandy and loamy subsoil alluvium located along backswamps and stream terraces. Page 6 4 Table 1. Project Soil Types Dr Dragston loamy sand, 0- 2% slopes Na Nahunta very fine sandy loam, 0-2% slopes Lv Lumbee sandy loam, 0-2% slopes La Lakeland sand, 0-6% slopes 2.4 Existing Vegetative Communities Scarborough Buffer Mitigation & Nutrient Offset Plan A/D Somewhat Northeastern area of parcel poorly C/D Somewhat UT1-R1, UT1-R2,UT1-R3, UT2, poorly and UT3 B/D Poorly Majority of parcel and adjacent to all reaches A Excessively Northeastern corner of parcel Row Crop Areas The majority of the Parcel is in row crop production as soybean and corn. These areas are being proposed for riparian restoration to generate riparian buffer mitigation and will follow the coastal headwater guidance. UT1-R2 and UT1-R3 will be a single -thread channel proposed for restoration and can generate riparian buffer mitigation and/or nutrient offsets. Forested Areas The upstream area of UT2 and UT1A is in a bottomland hardwood forest consisting of water oak (Quercus nigra), swamp chestnut oak (Quercus michauxii), white oak (Quercus alba), sweetgum (Liquidambar styraciflua), winged elm (Ulmus alata), and red maple (Acer rubrum). This area is a coastal headwater stream and is not viable for riparian buffer preservation credit. Invasive Species There are currently no substantial communities of invasive plant species within the proposed project boundaries. Some small, immature Chinese privet (Ligustrum sinense) plants and multiflora rose (Rosa multiflora) were observed on the periphery of the project area and existing riparian buffer areas. These areas will be monitored by WLS, and any invasive plants found within the project boundary will be treated to prevent expansion and establishment of a substantial invasive community. 2.5 Threatened and Endangered Species Based on a review of the US Fish and Wildlife Service (USFWS) database, there are currently four federally - listed threatened and endangered species known to occur in Wayne County: (E) Red -cockaded woodpecker (Picoides borealis), (E) Dwarf wedgemussel (Alasmidonta heterodon), (E) Tar River spinymussel (Parvaspina steinstansana) and (T) Yellow lance (Elliptio lanceolate). Based on coordination with USFWS project implementation is not anticipated to have a negative impact on these species. 2.6 Cultural Resources In accordance with the National Historic Preservation Act, WLS investigated and confirmed that the proposed project area and property do not contain nor are they adjacent to any properties listed in the National Register of Historic Places or the North Carolina State Historic Preservation Office (NCSHPO). There is a previously recorded archaeological site (31WY221) that is located in the southeast corner of the Page 7 4 Scarborough Buffer Mitigation & Nutrient Offset Plan project. It is not currently listed in the National Register of Historic Places nor will there be any ground disturbing activities near this site. There are several NCSHPO sites located within approximately one mile of the proposed project area, two of which are survey only and are not registered. The closest survey only site is the Montague -Orton Farm, located across Mitchell Rd. and to the west of the proposed bank site. The closest registered historic site is located on Seymour Johnson AFB, and is approximately one mile from the proposed bank site. On-site investigations and discussions with the landowners have not disclosed any potential resources or occurrences of this type on the property. 2.7 Constraints There are no existing easements on the Parcel. There are no existing utility corridors on the Parcel. If any existing utility corridors are identified within the Parcel, these corridors will be excluded from the conservation easement boundary. There are multiple existing culverted crossings at UTI -112 (Casey Mill Road), UTI -113 (Arrington Bridge Road) UT2 and UT3. The culverts within the project boundary will be removed and design elevations will be modified to tie into vertical control points at UTI -112 (Casey Mill Road) and UTI -113 (Arrington Bridge Road). Any future stream crossing locations will be strategically located to access the interior property during the monitoring period and long-term stewardship. 2.8 FEMA Floodplain / Floodway Mapping A majority of Parcel is located within a FEMA regulated floodplain (Zone 'AE'). While it is not anticipated that there will be issues associated with FEMA permitting or documentation, WLS will coordinate with the local floodplain administrator as needed and prepare the required documentation to obtain approval for any FEMA regulated impacts. In addition, the project will be designed so that any increase in flooding will be contained within the project boundary and will not impact adjacent landowners; therefore, hydrologic trespass will not be a concern. 3 Proposed Neuse Buffer & Nutrient Offset Restoration Plan Riparian restoration adjacent to streams was approved by the DWR in their letters dated March 29, 2019 and July 10, 2019 (Attachment A). This site is also being proposed as a stream and wetland mitigation bank, and restoration of riparian areas will be accomplished through the goals and methods outlined by the WLS Neuse 02 Umbrella Mitigation Banking Instrument, Scarborough Mitigation Plan (SAW -2017- 02527) and the Scarborough Riparian Buffer and Nutrient Offset Mitigation Banking Instrument. All riparian restoration mitigation activities along channels will begin from the tops of the banks and extend a maximum of 200 feet perpendicular to the stream channel where possible pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. All applicable federal, state, and local documentation, permits, and/or authorizations will be acquired as part of implementing the above-mentioned mitigation plan and will be provided to DWR as part of the As -Built Report, including Section 401, Section 404 and Sediment and Erosion Control permits. The restoration of the Parcel will require converting existing agriculture land use practices within riparian areas adjacent to streams and ditches into a dense and diverse vegetated riparian forest. The riparian areas will be replanted with appropriate native tree species. The restoration of the riparian buffer will provide stabilization and improve water quality to tributaries that drain directly to the Neuse River. Page 8 4 Scarborough Buffer Mitigation & Nutrient Offset Plan 3.1 Parcel Preparation The current land uses adjacent to the streams and ditches proposed for riparian restoration are primarily non -forested croplands (Figure 5). The riparian restoration areas will require limited site preparation in addition to the stream and wetland construction. Headwater stream restoration activities will include excavating a broader floodplain at or slightly above the existing bed elevation and will seek to restore groundwater hydrology and connection of surface flows. The design concept will address the current channel's dimension, pattern, and profile to create stable conditions. Wetland restoration activities will include minimal grading and blending of microtopography. After construction activities, the subsoil will be ripped and disked and the topsoil is placed back over the site. Site preparation will also include select herbicide treatments or select mechanical clearing to remove undesirable underbrush or invasive species as needed. Diffuse flow will be maintained in the buffers. The Sponsor might utilize mechanical equipment periodically in the first few years after planting to enhance vegetative growth. Mowing will not take place within the first 50 feet (Zone A) of restored buffer after planting unless absolutely necessary. Additionally, selective applications of a pre -emergent herbicide will be used to control weedy competition. 3.2 Riparian Restoration A coastal headwater valley restoration approach is proposed for UTI -R1, UT1B, UT2, and UT3. Headwater stream restoration activities will include excavating a broader floodplain at or slightly above the existing bed elevation and will seek to restore groundwater hydrology and connection of surface flows. All existing ditches within the buffer and nutrient offset areas will be filled such that diffuse flow and positive site drainage will be maintained as shown on the proposed grading plan in the Mitigation Plan (Sheets 30-48). Shallow flow paths will be connected to allow initial flow of water toward reach UTI -112, which will gradually transition into a single thread channel that is more 'well defined' and the ditch that flows offsite will be plugged up to the property line. Figure 6 depicts the nutrient and buffer restoration plan based on proposed conditions and Figure 7 depicts the stream and wetland conceptual plan. The Scarborough Mitigation Plan, Mitigation Plan Figure 10, and Design Sheets 8-11 and 17-24 provide additional details on the coastal headwater restoration. The riparian buffer credits that are located adjacent to coastal headwater valley restoration will be based on the centerline of the valley length and will be reported in the As -Built Report. These credits will be withheld until the As -Built survey has been finalized. The revegetation plan for the entire riparian restoration area will include permanent seeding, planting bare root trees, live stakes, and controlling invasive species growth (See Mitigation Plan Design Sheets, Revegetation Plan pages 25-29). If temporary seeding is applied from November through April, rye grain will be used and applied at a rate of 130 pounds per acre. If applied from May through October, temporary seeding will consist of browntop millet, applied at a rate of 40 pounds per acre. The permanent seed mix will consist of a riparian seed mix and wetland seed mix. The riparian restoration efforts along the project streams will be adjacent to reconstructed stream banks and will extend perpendicular from tops of banks a minimum of 50 feet to a maximum of 200 feet. The riparian restoration activities will occur at the same time as the stream mitigation activities and not before. Therefore, the mitigation area where riparian restoration is being performed may be altered Page 9 4 Scarborough Buffer Mitigation & Nutrient Offset Plan slightly depending on the implementation of the Scarborough Stream and Wetland Mitigation Bank. The riparian restoration areas will be surveyed and information provided in the As -Built report and As -Built Survey. The As -Built report will also include any deviations that were made to the approved Plan. 3.3 Riparian Preservation Riparian buffers on existing forested riparian areas will be permanently protected, but are not viable for buffer credit. This will include sections of UT2 and UT1A. 3.4 Planting The specific species composition to be planted was selected based on the community type, observation of occurrence of species in riparian buffers adjacent to the Parcel, and best professional judgement on species establishment and anticipated site conditions in the early years following project implementation. Trees will be planted at a density sufficient to meet the performance standards outlined in the Rule 15A NCAC 02B 0295 of 260 hardwood trees per acre at the end of five years for the nutrient offset areas. The performance standards for the buffer restoration areas on the coastal headwater streams will be 210 hardwood trees per acre at the end of seven years. No one tree species will be greater than 50 percent of the established stems. An appropriate riparian seed mix will also be applied to provide temporary ground cover for soil stabilization and reduction of sediment loss during rain events in areas disturbed by stream and wetland construction, as necessary. This will be followed by an appropriate permanent seed mixture. Planting is scheduled for Winter 2020 and the list of species proposed are shown in Table 2; however, the actual planting list will be provided in the As -Built report. Betula nigra River birch 7% FACW Fraxinus pennsylvanica Green ash 7% FACW Platanus occidentalis American sycamore 7% FACW Quercus nigra Water oak 5% FAC Liriodendron tulipifera Tulip -poplar 7% FACU Quercus alba White oak 5% FACU Nyssa biflora Swamp black gum 5% OBL Quercus bicolor Swamp white oak 5% FACW Taxodium distichum Bald cypress 5% OBL Quercus phellos Willow oak 5% FACW RiparianRoot Plantings — Understory (Proposed.. :0 Clethra alnifolia Sweet pepperbush 6% FACW Carpinus caroliniana Ironwood 6% FAC Persea palustris Red bay 6% FACW Eubotrys racemosus Swamp doghobble 6% FACW Magnolia virginiana Sweetbay magnolia 6% FACW Cyrilla racimiflora Titi 6% FACW Itea virginica Sweetspire 6% FACW+ Page 10 4 Scarborough Buffer Mitigation & Nutrient Offset Plan 4 Monitoring and Maintenance Plan 4.1 Monitoring Protocol Permanent vegetation monitoring plots will be installed and evaluated within the buffer restoration and/or nutrient offset areas to measure the survival of the planted trees. Riparian buffer vegetation monitoring will be based on the Carolina Vegetation Survey -Ecosystem Enhancement Program Protocol for Recording Vegetation: Level 1-2 Plot Sampling Only Version 4.2. Annual vegetation monitoring will occur each year for a minimum of five years on the nutrient offset areas and seven years on the coastal headwater buffer restoration areas and will be conducted during the fall season with the first year occurring at least five months from initial planting. Twenty-six vegetation monitoring plots will be installed, and will be 100 meters squared in size, and will cover at least two percent of the 32 acres of riparian restoration area. Plots will be randomly placed throughout the planted riparian areas. The approximate location of the plots is shown on Figure 8. Photos will be taken from all photo points each monitoring year and provided in the annual reports. All planted stems will be marked with flagging tape and recorded. All of the vegetation plots in Figure 8 will be monitored for both the buffer/ nutrient bank and the stream/wetland bank. There will be additional vegetation plots for the stream/wetland bank. Planting is scheduled for winter 2020. The first annual monitoring activities will commence at the end of the first growing season, at least five months after planting has been completed and no earlier than the fall season. The following data will be recorded for all trees in the plots: species, common name, height, planting date (or volunteer), and grid location. The total number of volunteer woody stems will also be documented and reported. 4.2 Performance Standards for Vegetation Adjacent to Single -Thread Streams The measures of vegetative success for the Parcel will be the survival of at least four native hardwood tree species, where no one species is greater than 50 percent of the established stems, established at a density of at least 260 planted trees per acre at the end of Year 5. Appropriate native volunteer stems of native hardwood tree species may be included to meet the performance standards upon DWR approval. The Sponsor shall submit the annual monitoring report to DWR by December 31st of each year for five consecutive years and will follow the terms and conditions of the MBI. 4.3 Performance Standards for Vegetation Adjacent to Coastal Headwater Streams The measures of vegetative success for the Parcel will be the survival of at least four native hardwood tree species, where no one species is greater than 50 percent of the established stems, established at a density of at least 260 planted trees per acre at the end of Year 5 and 210 hardwood trees per acre at the end of Year 7 for riparian restoration areas adjacent to coastal headwater stream restoration. The seven years of monitoring only applies to the areas receiving credit under Rule 15A NCAC 02B .0295 (o)(2) for buffer mitigation. Appropriate native volunteer stems of native hardwood tree species may be included to meet the performance standards upon DWR approval. The Sponsor shall submit the annual monitoring report to DWR by December 31st of each year for seven consecutive years and will follow the terms and conditions of the MBI. Page 11 4 Scarborough Buffer Mitigation & Nutrient Offset Plan 4.4 Performance Standard for Coastal Headwater Streams The performance standards for the coastal headwater streams will be detailed in the Stream Mitigation Plan in Sections 8.2 and 9.1.4. Performance standards must be met each monitoring year for a minimum of seven years to comply with 15A NCAC 02B .0295 (0)(2) for buffer mitigation. Confirmation from the USACE that stream performance standards have been met will need to be provided to DWR by the Bank Sponsor prior to issuance of credit releases for riparian buffer credit along the coastal headwater streams. The success criteria for the coastal headwater streams include channel formation within the valley or crenulation that must be documented through identification of field indicators consistent with those listed below, and continuous surface water flow within the valley or crenulation must be documented to occur every year for at least 30 consecutive days during the prescribed monitoring period. Headwater Stream Monitoring Channel Formation: During monitoring years 1 through 4, the preponderance of evidence must demonstrate a concentration of flow indicative of channel formation within the topographic low point of the valley or crenulation as documented by the following indicators: • Scour (indicating sediment transport by flowing water) • Sediment deposition (accumulations of sediment and/or formation ripples) • Sediment sorting (sediment sorting indicated by grain -size distribution with the primary path of flow) • Multiple observed flow events (must be documented by gage data and/or photographs) • Destruction of terrestrial vegetation • Presence of litter and debris • Wracking (deposits of drift material indicating surface water flow) • Vegetation matted down, bent, or absent (herbaceous or otherwise) • Leaf litter disturbed or washed away During monitoring years 5 through 7, the stream must successfully meet the requirements above and the preponderance of evidence must demonstrate the development of stream bed and banks as documented by the following indicators: • Bed and banks (may include the formation of stream bed and banks, development of channel pattern such as meander bends and/or braiding at natural topographic breaks, woody debris, or plant root systems) • Natural line impressed on the bank (visible high-water mark) • Shelving (shelving of sediment depositions indicating transport) • Water staining (staining of rooted vegetation) • Change in plant community (transition to species adapted for flow or inundation for a long duration, including hydrophytes) • Changes in character of soil (texture and/or chroma changes when compared to the soils abutting the primary path of flow). Page 12 4 Scarborough Buffer Mitigation & Nutrient Offset Plan 4.5 Adaptive Management Plan In the event the site or a specific component of the site fails to achieve the necessary performance standards as specified in the approved Plan, the Sponsor shall notify and coordinate with NCDWR to develop a remedial action plan. The remedial action plan should describe the source or reason for the failure, a concise description of the corrective measures that are proposed, and a time frame for the implementation of the corrective measures. 4.6 Conservation Easement Conservation easement boundaries will be identified in the field to ensure clear distinction between the Parcel and adjacent properties. Boundaries may be identified by fence, marker, bollard, post, tree blazing, or other means as allowed by site conditions and/or conservation easement. Boundaries will be marked with signs identifying the property as a mitigation site and will include the name of the long-term steward and a contact number. All boundary markers will be installed prior to submittal of the As -Built report. Boundary markers disturbed, damaged, or destroyed will be repaired and/ or replaced on an as needed basis. The easement boundary will be checked annually as part of monitoring activities, and the conditions as well as any maintenance performed will be reported in the annual monitoring reports to NC DWR. WLS has received a cleared title for this site. The Conservation Easement will be assigned to an approved land trust. All monitoring activities, including periodic inspections of the site to ensure that restrictions required in the Conservation Easement are upheld, are the responsibility of WLS until the Parcel is transferred to the land trust. 5 Credit Release Schedule Upon submittal of all appropriate documentation by the Sponsor, and subsequent approval by DWR, it is agreed that the mitigation credits associated with the Parcel will be released as described in the MBI and Table 3. The total buffer credits proposed adjacent to constructed coastal headwater valley streams will be dependent on the approval of the IRT to construct. The stream site will have to be constructed in its entirety and an As -Built Report and survey submitted to the IRT prior to DWR granting approval to generate buffer credits under Rule 15A NCAC 02B .0295 (0)(2). The area of the buffer credits shall be measured perpendicular to the length of the valley being restored. Page 13 4 Scarborough Buffer Mitigation & Nutrient Offset Plan Table 3. Credit Release Schedule for Riparian Buffer and Nutrient Offset Credits Instrument and Plan Approved by DWR, Conservation Easement Recorded and Assigned*, Financial Assurance Posted, and Draft Stream & Wetland Mitigation Plan 25 No Credit Approved by IRT Mitigation Site Earthwork, Planting and Installation of Monitoring Devices Completed, and all Applicable Permits 20 No Credit Obtained Monitoring Financial Assurance Posted and Approval of As- Built Report 10 30 Monitoring Report #1 Approved by the DWR** and financial assurance renewed 10 10 Monitoring Report #2 Approved by the DWR** and financial assurance renewed 10 10 Monitoring Report #3 Approved by the DWR** and financial assurance renewed 10 5 Monitoring Report #4 Approved by the DWR** and financial assurance renewed 5 5 Monitoring Report #5 Approved by the DWR*, financial assurance renewed for coastal headwater buffer areas, and final site visit by DWR has been conducted for nutrient offset 10 20 areas Monitoring Report #6 Approved by the DWR** and financial N/A 10 assurance renewed for coastal headwater buffer areas Monitoring Report #7 Approved by the DWR** and final site visit by DWR has been conducted for coastal headwater buffer N/A 10 areas Total 100 100 * For specification, please see Section V of the MBI **DWR approval provided upon a determination that the site is meeting success criteria contained within the approved Plan 6 Financial Assurance Following approval of the Scarborough Plan, the Sponsor will provide financial assurances in the form of a Performance Bond from a surety that is rated no less than "A-" as rated by A.M. Best. Financial assurances will be payable at the direction of the DWR to its designee or to a standby trust. The initial performance bond will be for 100 percent of the implementation costs, but not less than $150,000. In lieu of posting the performance bond, the Sponsor may elect to construct the project prior to the first credit release. After completion of the construction and monitoring devices a monitoring bond in the amount of $100,000 will be secured to implement the monitoring and maintenance of the riparian restoration areas Page 14 4 Scarborough Buffer Mitigation & Nutrient Offset Plan for a minimum of seven years. Upon DWR approval, this may be lowered after year five based on the adjusted cost to complete the monitoring. Performance bonds for monitoring shall be renewed to cover the next years monitoring period, with confirmation of renewal provided to DWR with each annual monitoring report when applicable. DWR reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals when applicable. 7 Mitigation Potential Out of 239 acres that will be protected with a permanent conservation easement, 16.21 acres (706,108 ft') are proposed to generate riparian buffer credits along coastal headwater restoration streams and 15.80 acres (35,913.72 lbs. Nitrogen) are proposed to generate nutrient offset credits. Of the 15.80 acres proposed for nutrient offset credits, 10.44 acres are suitable for buffer mitigation credits at a ratio of 1:1 and at 100% full credit. The Sponsor may use the 10.44 acres of riparian restoration mentioned above for either nutrient offset credit or buffer mitigation credit, but not both. The remaining acres within the Conservation Easement, will be used for wetland and stream mitigation pursuant to the Scarborough Mitigation Bank. The Sponsor must request and receive approval from DWR prior to any credit conversions and transfers to the credit ledgers. With each conversion and transfer request submitted to the DWR, the Sponsor will provide all updated credit ledgers showing all transactions that have occurred up to the date of the request. The Sponsor will maintain two credit ledgers: one for coastal headwater buffer credits and one for Nitrogen nutrient offset credits. The total potential nutrient offset mitigation credits and riparian buffer that the Parcel will generate is summarized in Table 4. Page 15 4 Scarborough Buffer Mitigation & Nutrient Offset Plan Table 4. Proposed Mitigation Credits *Coastal headwater riparian buffer restoration credits are calculated based on the valley length ofthe reach Page 16 4 Riparian Riparian Buffer Total C Credit Per Credit % Full Features Mitigation Type Mitigation Credits (sq. ft.) Widths Acreage Acre (ft') Ratio Credit Coastal 0-50' UT1-R1, UT16, Headwater 16.21 43,560 1:1 100% 706,108 ft2 (16.21 ac) UT2, UT3 Restoration Total Coastal Headwater Restoration Credits* 16.21 706,108 ft2 (16.21 ac) Offseth, Nutrient Total Credit Per Credit Widths Features Mitigation Type Mitigation Credits (lbs) Acreage Acre (lbs) Ratio 0-50' UT1-R2, UT1-R3 Restoration 7.49 2,273.02 N/A 17,024.92 51-100' UT1-R3 Restoration 2.95 2,273.02 N/A 6,705.41 101-200' UT1-R3 Restoration 5.36 2,273.02 N/A 12,183.39 TOTAL 15.8 35,913.72 *Coastal headwater riparian buffer restoration credits are calculated based on the valley length ofthe reach Page 16 4 Scarborough Buffer Mitigation & Nutrient Offset Plan 8 Citations Lee, T.L, Peet, R.K., Roberts, S.D., and Wentworth, T.R. 2006. CVS-EEP Protocol for Recording Vegetation, Version 4.2. http://cvs.bio.unc.edu/protocol/cvs-eep-protocolv4.2- levl-2.pdf. NC Environmental Management Commission. 2014. Rule 15A NCAC 026.0295 - Mitigation Program Requirements for the Protection and Maintenance of Riparian Buffers. United States Department of Interior, Fish and Wildlife Service (USFWS). Threatened and Endangered Species in North Carolina (County Listing). Wayne County. 2017. USDA, Soil Conservation Service,1974. Soil Survey of Wayne County. Page 17 4 Legend Tarboro Site Location Neuse: 03020202 Bethel _ 42 I; Wilson 33 `53 I `2d4, ' ;;reQ111 rmrj0 _ , —1- Pdt Olive Ayden - \Snw+ Hill � 3, Go I. L 1- Kinston �. 1.11! I ----------- 13 903 1'1 30 1 New Bern 24 X11 Croatan Have National 117 11 Fo �e st Nto eHill _ 111 3.7J 7.rJ 1rJ Miles Sources: Esri, HERE, DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri Japa� �METioEsri China (Hong Kong), Esri Korea, Esri (Thailand), apmy'I,h'dta, wGCC, © OpenStreetMap contributors, and the GIS User Community FIGURE WATER & LAND" Scarborough Service Area SOLUTIONS Mitigation Project Map NAD 1983 2011 State Plane North Carolina FIPS 3200 FT US Legend * Project Location O NC Cities Wayne Co. Hydrography HUC-12 NC Counties Q Site Limits Q HUC-8 (Neuse) = Wayne County 0 50 100 v Miles Project is located in HUC-8: 03020202 Neuse Subbasin +11 Location: 35.32110000° -77.98972222° 0, 2.5 5 1 Miles sboro Wayne County a ON N 0 0.25 0.5 Sources: Esri, HERE, Garmin, USGS;, Intermap, INCREMENT P, NR Esri Japan, METI, Esri China (�Ho1ig Kong), Esri Korea, Esri (ThailarA Mlles NGCC, (c) OpenStreetMap,contributors, and the GIS User Community WATER & LAND Scarborough Project Location FIGURE SOLUTIONS Mitigation Project Map NAD 1983 2011 State Plane 2 North Carolina FIPS 3200 FT US Legend e 68 QSite Limits —Existing Stream rn 2ft Contours 58 — Major Minor 03e_ FEMA bN AE 0.2 PCTANNUAL CHANCE FLOOD 62 66 6'� C.0� 57 O c0 m CIOV C. UT1B �N 62 N uT3 �� co � UT1-R1 li., o k LOUT1-R2 64 6' � I /_Qo C/ UT2 UT1A 68 ch X30 M I 1� I rn co 6' CO 4 - °' cw m 62 p C, , •N– � ��4.0 ^ �i cNo > >O 00 72 0 500 ` 11000 Feet �� D - DA, GS, AEX, G IGN, PSP, .� I 70 N a 6' FIGURE WATER & LAND' Scarborough Floodplain SOLUTIONS Mitigation Project Map NAD 1983 2011 State Plane North Carolina FIPS 3200 FT US A Legend — Existing Stream QSite Limits Ditches F-1 Unverified Jurisdictional Wetlands 7e o. UT1-R3 Y UT1B UT3 UT1-R1 UT1-R2 ,ice t • UT2 q•` UT1A �.•n ti A ` D ♦ .i. t � � . 1`•I OF 0 500 1,000 Feet So rce: E- ri, Digit I-017.,oEye, E rit rG ogr phi s, C�NO Ai b s - DS, USDA, USGS, AeroGRID, IGN, nd the Gi = User Gomm nit FIGURE WATER & LAND" Scarborough Existing Conditions SOLUTIONS Mitigation Project Map NAD 1983 2011 State Plane North Carolina FIPS 3200 FT US .. LLegend I=Site LimitsT � TaT - esttutitA C Wetland Preservation '•S". Y •. Wetland Enhancement Wetland Restoration • "� V, , .h ,..y • A l` lUR A t / /(� / /00 0010 / t y , ',o � A / �+ 00 01/ �� .. 00 01 UT1A End of Coastal Headwater Stri N +� 0 500 1,000 Feet WATER & LA N D" SOLUTIONS UT2 d d i. !l� s , IGlobe, GeoE , E hs G gr phis, GNES/Airb s D, USDA, USGS, Ae oGRdD, IGN, �h GI5 Us r C« mm nity , j Stream/Wetland FIGURE Scarborough Credit Mitigation Project Determination Map NAD 1983 2011 State Plane 7 North Carolina FIPS 3200 FT US Legend OSite Limits —Proposed Stream h =Coastal Headwater Vegetation Plots L ' Nutrient Vegetation Plots 0-50ft Nutrient Offsets (7.49 acres) 51-100ft Nutrient Offsets (2.95 acres) 101-200ft Nutrient Offsets (5.36 acres) 0-50ft Coastal Headwater Buffer Restoration (16.21 acres) rf fi ■ ` ' ❑ UT1 B ■ ek UT1-R2 ■ ■ M' UT1-R1 I ■ y� O ■ y`F ❑ 1 UT1-R3 OXY � ❑ r 0 500 1,000 Feet s* r So rce: E- ri, Digit IGiobe, oEye, E rths rG ogr phi s, G�NES112i f, b s, DS, USDA, USGS, AeroGRID, IGN, nd the Gi = User Gomm nit FIGURE WATER & LAND" Scarborough Monitoring Map SOLUTIONS Mitigation Project NAD 1983 2011 State Plane North Carolina FIPS 3200 FT US Attachment A — DWR Determinations and Viability ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality March 29, 2019 Cara Conder DWR ID# 2018-0181v3 Water & Land Solutions, LLC Wayne County 7721 Six Forks Rd, Suite 130 Raleigh, NC 27615 (via electronic mail: cara ,waterlandsolutions.com ) Re: Site Viability for Buffer Mitigation & Nutrient Offset — Scarborough Site Located near 35.3211000, -77.98972222 Neuse 03020202 Dear Ms. Conder On January 4, 2019, Katie Merritt, with the Division of Water Resources (DWR), received a request from you on behalf of Water & Land Solutions, LLC (WLS) for a site visit near the above -referenced site in the Neuse River Basin within the 8 -digit Hydrologic Unit Code 03020202. The site visit was to determine the potential for riparian buffer mitigation and nutrient offset within a proposed site boundary, which is more accurately shown in the attached map labeled "Figure A". Portions of this site are intended to be proposed to the IRT as coastal headwater stream mitigation by WLS. The proposed alignment of the coastal headwater stream site is provided in Figure 10. On January 11, 2019, Ms. Merritt performed a site assessment of the subject site. Staff with WLS were also present. This mitigation determination is assessed using both existing and proposed conditions as presented in Figure A and Figure 10 respectively. The mitigation determination for the proposed conditions will be partially dependent on the approval of the IRT to construct coastal headwater stream mitigation. If the proposed stream channel alignments change from what is shown on Figure 10, this viability letter may be subject to change. Due to the vast network of lateral ditches onsite, WLS must create diffused flow for the site to be viable for buffer mitigation and nutrient offsets. Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB) and landward 200' from each existing or proposed feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B.0240. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 Scarborough Site Water Land Solutions, LLC March 29, 2019 Table 1. Mitigation Determination based on existing conditions shown in Figure 6a Feature ID Classification in the field 'Subject Riparian Land uses adjacent to Feature Buffer Credit ZNutrient Mitigation Type Determination to Offset w/in riparian areas Buffer 0-200' Viable Viable a 2.273.02 Rule lbs -N per acre UTI Stream Yes Non -forested agricultural 'Yes Yes (non - Fields - Restoration Site per 15A (at DWR fields with a cypress swamp forested NCAC 02B.0295 (o)(2) Flag) clustered on the left bank fields only) Cypress Swamp cluster - Preservation Site per 15A NCAC 02B .0295(5) UT2 Stream Yes Upstream is forested and 'Yes Yes (non - Fields - Restoration Site per 15A downstream becomes non- forested NCAC 02B.0295 (o)(2) forested agricultural fields at fields only) wood line Forested areas - Preservation Site per 15A NCAC 02B.0295 5 UTI A Stream Yes Mostly comprised of shrub Yes No Restoration Site per 15A NCAC 02B and brush with invasives; not .0295 (n) in agriculture A Ditch >3' in No Mostly non -forested with No Yes (non- Left Bank (Field)- Restoration Site depth agriculture field on left bank forested per 15A NCAC 02B.0295 (n) only left bank only) B Ditch <3' in No Non -forested agricultural *see note Yes Fields - Restoration Site per 15A depth fields NCAC 02B.0295 (o)(8) *Buffer Mitigation Note - Assessment concludes the ditch meets 15A NCAC 02B.0295 (o)(8) (A, B, C, D & E). More information on the watershed is required to be provided in a mitigation plan for complete assessment. See rule. UT3/C Ditch >3' in No Non -forested agricultural No Yes Restoration Site per 15A NCAC 02B depth fields .0295 (n) D Ditch No Forested No No N/A E & F Ditches No Non -forested agricultural N/A N/A not assessed field All other lateral ditches & No non -forested agriculture No No Assessment concludes none are directly conveyances onsite fields hydrologically connected to streams and do not meet all 15A NCAC 02B .0295 (o)(8) 'Subjectivity calls for the features were determined by DWR in correspondence dated February 7, 2019, using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS . 2 NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment Nutrient offset credit cannot be generated adjacent to coastal headwater stream restoration sites 3The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this rule. Page 2 of 4 Scarborough Site Water Land Solutions, LLC March 29, 2019 Table 2. Mitigation Determination based on proposed conditions shown in Figure 10 Feature Feature 'Subject Riparian Land uses Buffer ?Nutrient Mitigation Type Determination w1in riparian areas Classified proposed IQ adjacent to Feature Credit Offset onsite Buffer (0.200,) Viable Viable at Rule 2.273.02 lbs.N per acre UTI (Ditch/ Coastal HW Partial Non -forested agricultural 'Yes No Fields - Restoration Site per 15A Stream) Stream fields with a cypress swamp NCAC 0213.0295 (o)(2) Restoration cluster (see map) UT1A Stream Yes Mostly comprised of shrub 'Yes No Restoration Site per 15A NCAC 02B and brush with invasives; not .0295 (n) in agriculture UT2 Coastal HW Yes Upstream is forested and ','Yes No Fields - Restoration Site per 15A (stream) Stream downstream becomes non- NCAC 0213.0295 (o)(2) Restoration forested agricultural fields at wood line Forested areas - Preservation Site per 15A NCAC 02B.0295 (5) UT3 Coastal HW No Non -forested agricultural 'Yes No Fields - Restoration Site per 15A (Ditch) Stream fields NCAC 0213.0295 (o)(2) Restoration 'Subjectivity calls for the features were determined by DWR in correspondence dated February 7, 2019, using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS . 2 NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment" Nutrient offset credit cannot be generated adjacent to coastal headwater stream restoration sites 3The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this rule. 4The area described as an Enhancement Site was assessed and determined to comply with all 15A NCAC 02B .0295(o)(6). Cattle exclusion fencing is required to be installed around the mitigation area to get buffer credit under this part of the rule. SThe area of the mitigation site on ephemeral channels shall comprise no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 02B.0295 (o)(7). 6Wooded buffers planted along Outer Coastal Plan headwater stream mitigation sites may be approved as riparian buffer mitigation credit if the site meets all applicable requirements of Paragraph (n) per 15A NCAC 0213.0295 (o) (2) Maps that are attached to this letter were prepared by WLS and Ms. Merritt and were initialed by Ms. Merritt on March 29, 2019. This letter should be provided in all stream and wetland, buffer and/or nutrient offset mitigation plans for this Site. This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient Page 3 of 4 Scarborough Site Water Land Solutions, LLC March 29, 2019 load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any mitigation activities in riparian areas and/or surface waters. All vegetative plantings, performance criteria and other mitigation requirements for riparian restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being viable for nutrient offset credit above, one could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DVWR to determine viability for nutrient offset in accordance with 15A NCAC 02B .0240. This viability assessment will expire on March 29, 2021 or upon the submittal of an As -Built Report to the DWR, whichever comes first. This letter should be provided in all stream, wetland or buffer mitigation plans for this Site. Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this correspondence. KAH/km Attachments: Figure A, Figure 10 cc: File Copy (Katie Merritt) Sincerely, 5�7Karen Higgins, Supervisor 401 and Buffer Permitting Branch Page 4 of 4 m X, Flau, 1,S -C I "\ I V -'K BeI.,111 Flag 15 1 El;g Flag 18-0181 1 2 A Intermittent 1. Flag. 18-0181IV2Grnj1wj I � / Flag 18-0181 E End 11 1w Y, R,,E3Z G,Begi, pFlag 18-0181V?67nd 01p, OV'., "I legin Flag 18-0181 6 V2 n �,n, ,,� �,,, Flag: 18-0189-V2 D Begin jw I __ s LF.lag. 18-081 V2 C Begin cle Goo gle,""Earth M 1 ¢ Mitigation Summary Table Total Stream Stream Restoration (LF) Mitigation Credits (SMCs) 8,310 8,310 Total Potential Wetland Riparian Wetland �.,x ' ? Restoration (acres) Mitigation Credits t_ ! g ` (WMCS) wa +�1 72.3 72.3 i W3 UT1-R1 / UT1-R2 6 0 Kati UT1A Legend ;;, Site Limits Types Mitigation T es t 9 Stream Restoration t Whom" r ; d.t _ 1 + #R Wetland Restoration .Nr� 0 250 500 j 1,000 Fee '+ ` e eo s o h ® USDA`USGS. Proposed Mitigation FIGURE WATER & LAND Scarborough Features O SOLUTIONS Mitigation Site Map NAD 1983 2011 State Plane North Carolina FIPS 3200 FT US Vin- v,5 ROY COOPER Go vera or MICHAEL S. REGAN Serretary LINDA CULPEPPER Drre<(vr Water and Land Solutions, LLC Attn: Ms. Cara Conder 7721 Six Forks Rd, Suite 130 Raleigh, NC 27615 NORTH CAROLINA Environmental Quality February 7, 2019 DWR #18-0181 V2 WAYNE County Subject: On -Site Determination for Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0233) Subject Property/ Project Name: Scarborough Mitigation Site Address/Location: 2157 Pecan Road, Goldsboro Stream(s) Evaluated: Uts to Neuse River Determination Date: 01/11/19 & 01/15/19 Staff: Anthony Scarbraugh/Chris Pullinger Determination Type: Buffer: Stream: ® Neuse (15A NCAC 0213 .0233) ❑ Intermittent/Perennial Determination ❑ Tar -Pamlico (15A NCAC 02B .0259) Soil ❑ Catawba (15A NCAC 0213 .0243) ❑ Jordan (15A NCAC 02B .0267) (governmental Subject and/or interjurisdictional projects) ❑ Randleman (15A NCAC 0213 .0250) Survey ❑ Goose Creek (15A NCAC 02B .0605-.0608) 18-0181 V2 A Stream E/I/P* Not Subject Start@ Stop@ Soil USGS Subject Survey Topo 18-0181 V2 A Ditch X Flag: 18-0181 V2 Flag: 18-0181 V2 X X A Begin A Int 18-0181 V2 A I X Flag: 18-0181 V2 Flag: 18-0181 V2 X X A Int A End 18-0181 V2 B I X Flag: 18-0181 V2 Flag: 18-0181 V2 X B Begin B End 18-0181 V2 C I X Flag: 18-0181 V2 Flag: 18-0181 V2 X X C Begin C End 18-0181 V2 D Ditch X Flag: 18-0181 V2 Flag: 18-0181 V2 X D Begin D End North Carolina Departrnent of -Environmental Quality Division of Water Resources Dt Washington Regional Office 1 943 Washington Square Mall I Washington. North Carolina 278813 D-r—tf UMn.­ W Q.. r 252.946.6481 Wayne County Page 2 of 3 18-0181 V2 E Ditch X Flag: 18-0181 V2 Flag: 18-0181 V2 E Begin E End 18-0181 V2 F Ditch X Flag: 18-0181 V2 Flag: 18-0181 V2 X F Begin F End 18-0181 V2 G NPS/ X Flag: 18-0181 V2 Flag: 18-0181 V2 X Ditch G Begin G End *E/1/P/NSP = Ephemeral/Intermittent/Perennial/No Stream Present The Division of Water Resources has determined that the streams listed above and included on the attached map have been located on the most recent published NRCS Soil Survey of WAYNE County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale and evaluated for applicability to the NEUSE River Riparian Buffer Rules. Each stream that is checked "Not Subject" has been determined to not be at least intermittent or not present on the property. Streams that are checked "Subject" have been located on the property and possess characteristics that qualify them to be at least intermittent streams. There may be other streams or features located on the property that do not appear on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) calendar days of date of this letter to the Director in writing. If sending via US Postal Service: c/o Karen Higgins DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 2 7699-1 61 7 If sending via delivery service (UPS, FedEx, etc.): clo Karen Higgins DWR — 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 This determination is final and binding as detailed above, unless an appeal is requested within sixty (60) days. This determination only addresses the applicability to the buffer rules and does not approve any activity within the buffers. The project may require a Section 404/401 Permit for the proposed activity. Any inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of Engineers Washington Regulatory Field Office at (919)-554-4884, Ext. 22. If you have questions regarding this determination, please feel free to contact Anthony Scarbraugh at (252) 948-3924. Sincerely, ROW T Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Wayne County Page 3 of 3 Enclosures: Stream Determination Forms cc: LASERFICHE Samantha Dailey, USACE Raleigh Regulatory Field Office (via email) Samir Dumpor, DELMR WaRO (via email) George K Lankford, George K Lankford, LLC (via email: gklankford9l@gmail.com) Ben Scarborough, 3257 Monticello Farms Road, Hookerton, NC 28538 SSUROR I nci91 10.62 seconds 10.25 cache ratio 1860X:(-78.0119. 35.3129) (-77,9686, 35.3337) 1 2250 acres `. 11 A ✓ply �" 94. � � `�° � - _ � Ra. •.l '� a M1M1 ` y 2., , 'r ,,mss. - �• Wol 101 R,y ,..re-' ;�. 0 0 t�J lS fir'` " f _` ,``.,, � •• � - ��4.y�+� c . : ep >� � Cit' „/°' • !>''�,+I�du'+eM 4If" ��' IILiL1 it �� VCS L5, ftftf_ - _ fww�ILL- --- 1�� i R. I! . If llo VlSCO, ir���d �u ` [rTg `(.3 (01) £a39 � �� Sk,L i I _ J orth ' mlln trerrA onm D n - 0 5� � me Comm ss iv Rater Resoum4l, For, Basin Buff ` Date . Reviewed lb m ,�..,, . : f'r 001 16 %M91 MkOPIL .t ".iiLoo r V No A R. 4o RyB N NN lag,,. 1;8-u 161 V2 A Begin-�" Flag: 18''0181 V2 E Begin A In term ME WaB Flag: 1840181? KaE il 1h N rFlag-. 18-0181 V2 G.BegEnN., �_Jkljr ig : 18-0181 V2 B End Flag, 18-0181 V2 B Begin �w �ffp FI 18-0181 V2 D End Flag: 18-0181`V2.D Begin 1,0 olc 4 2018 Google 4 IL War, 8.1 V2 F Begi f r{x r �{-,fJ ,` I-.liiIa '. 18-0181 V2 F End Dr r err Flag , 18-0/1' J ' End r 8=0181 V2 C End 11"3 Na l a1 k B 2 e FI : 18-081 Begin .v � � '%, oog 'E Imagery Date; 5/14/2016 lat 35.319342V lar? -77.991248 elev :`0 ft etre alt 4614 ft SSURGO 1 nc191 1 0.58 seconds 10.29 cache ratio I BBOX:(-78.0098, 35.3139) (-77.9727, 35.3323) 11708 acres m WW WE 0 V-499 En. Ogm Aflu TM ON WA mWUHNI p =-27; - Flag" 8-@ a F1991) lw a Ova [ED] I&L I ki I pi INNEW . NC 1DWR Stream Identification Form Version 4.11 Date: I- S- 1 Projectlsite: 61 �-) b,2 Latitude:t ' � � z �� Evaluator:�J !,_ ., � trr� County: � Lon itude: 75-71 Total Points: Strearn is atisastintermittent Stream Deter ' ation (circle one) Other ifa 73 or perennial if >_ 30* Ephemer ntermi ent Perennial e.g. Quad Name-, 4'0 A. Geomorphology ( Subtotal =� �� Absent Weak Moderate Strong 1' Continuity of channel bed and bank 2. Sinuosity of channel along thalweg 0 1 2 3. In -channel structure: ex. riffle -pool, step -pool, 0 d 2 3 6 ie- ool se uence 0 6 2 3 4. Particle size of stream substrate (' 5. Activelrelict floodplain 1 2 3 6. Depositional bars or benches 0 2 3co1 7. Recent alluvial deposits 2 3 B. fieadcuts. a 2 3 9. Grade control � 1 2 3 10. Natural valley 0.5 1 1.5 11. Second or greater order. channel 0 1 1.5 a artificial ditches are not rated, see discussions in manual ° � Yes=3 B. Hydrology Subtotal = 12. Presence of Basef]ow 0 13. Iron oxidizing bacterla 1 2 Cij 14. Leaf litter 0 2 3 15. Sediment on plants or debris 1.5 0 1 !� 0 16. Organic debris lines or piles 1 1.5 17. Soil -based evidence of high water table? 0 1 .1.5 C. Biology (Subtotal = No = 0 es = 18. Fibrous roots in streambed 19. Rooted upland plants instreambed1 ap 2 0 20. Macrobenthos (note diversity and abundance) 0 2 1 0 21. Aquatic Mollusks CV 2 3 22. Fish 0 2 3 23. Crayfish 0 1 1.5 .5 -- ---1 1 1.5 25. Algae 0 ----- 26. Wetland plants in streambed `perennial streams may also be identified using other methods, See P. 35 of naanuaf FACW = 0.7 ; OBL = .5 Other = 0 L3 01 f Sketch: CLAM f IL 5L, 1�--0/S/t/24 Cvc vavt vim-•. 0­C>18/V-? A ��n -P.7e -r71-1 NC DWR Stream Identification Form Version 4.11 ©ate: i f Project/Site, ( r� Latitude, Evaluator: County: -AT au1 CjS2 u i (� krH ` C Longitude: -7,79W? Total Points: Stream is at least intermittent Stream Deter a' circle one) Other ral if? 79 or perennial if>_ 30' ;S Ephementermitte Perennial 0,9, Quad Nam�eW C `' (�J A. Geomorphology (Subtotal =_ q_ ) Absent 14- Continuity of channel bed and bank Weak Moderate Strong 0 1 3 2. Sinuosity of channel along thalweg 0 3, In -channel structure: ex, riffle -pool, step -pool, 2 3 ri le ool se uence 0 2 3 4. Particle size of stream substrate 0 5. Activelreiict floodplaint 3 6. Deposition bars or benches 0 2 3 7. Recent alluvial deposits 1 2 3 8. Headcuts 0 4) 2 3(2> t 9. Grade control 2 3 10. Natural 0 0.5 1 1.5 11, Second or greater order- channel 0.5 1' aarthicial ditches are not rated; sea discussions fn manual o ~ Yes = 3 B. Hydrology (Subtotal 12. Presence of Baseflow 0 13. iron oxidizing bacteria 2 3 0 14. Leaf titter 15. Sediment on plants or debris 1.5 0.5 0 16. Organic debris lines or piles 0 45 1 1.5 V. Soil -based evidence of high water table? No O 0.5 1 .1.5 = C. Biology(Subtotal = 18. Fibrous roots in streambed �, 2 19. Rooted upland. plants in streambed 1 0 � 2 1 a 20. Macrobenthos (note diversity and abundance) 0 21. Aquatic Molluscs 2 3 22. Fish 0 2 3 23. Crayfish 0.5 1 1.5 -g4-A-rnphibrans_!_- --- - - 0.5 1 1.5 25. Algae 0.5 1;g - 26. Wetland plan #s in streambed ® 0'S 1 ACW = 1.5 *perennial streams may also be identified using other methods. See p. 35 of manual. F 0,75; OBI" =1.5 Othe [dotes: Sketch:' V 42.f rrvrc : t�r- 01'ry 6, NC D" Stream Identification Form Version 4.11 Date: Pro ectlSlte: • l �0�_0 I �) V2 -G Latitude: 3 S, 3 j Evaluator, County.: tY.: Longitude: --7-7- 1 jr Total Points: Stream is at least intermittent Stream Determi ation (circle one) Other S if? 18 orperennial if>_ 30* Ephemeral ermi t Perennial e.g. Quad Name: A. Geomorphology {Subtotal = i �- ) 1' Continuity of channel bed and bank 2. Sinuosity of channel along thalweg 3. In -channel structure: ex. riffle -pool, step -pool, d le ool sequence 4. Particle size of stream substrate 5. Activeirelict floodplain 6. Depositional bars or benches 7. Recent alluvial deposits Absent 0 0 0 0- 6 ((Y 8. Headcuts. 1 0 9. Grade control 3 10. Natural valley 0 11. Second or greater order -channel 1 1.5. a arii5clal ditches are not rated; see discussions in manual 1.5 B. H drolo (Subtotal = 7 1 1.5 12. Presence of Ba-seflow 0 13. Iron oxidizing bacteria 0 14. Leaf litter 1.5 15. Sediment on plants or debris 0 16. Organic debris fines or piles 0 17. Soil -based evidence of high�w;terable?C. Biolo Subtotal = 18. Fibrous roots in streambed 3 19. Rooted upland plants in streambed 20. Macrobenthos (note diversity and abundance) 0 21. Aquatic Mollusks - 22. Fish � 23. Crash Weak Moderate Strong t 3 2 3 t 2 3 2 3 4 0 3 1 2 3 1 2 3 1 2 3 0,5 1 1.5 No=D=�� Nc u '2 -4 -Amphibians -_- -- - _ ........ 25. Algae 0 26. Wetland plants in streambed *perennial streams may also be identif[ed using other methods. See p. 35 of manual Nates: Sketch: C��LvI ic€� i�FE C-+- 0 R2 -+-oR=' Alk/7 1 � 3 1 0 2 3 1 0.5 db 1 1.5. 1 1.5 1 1.5 FACW = 0.75; L 0 es i 1 0 2 1 0 2 3 1 2 3 0.5 1 1.5. 0.5 1 1.5 1 1.5 FACW = 0.75; L Other = 0 r< 1 i NC DWR Stream Identification Farm Version 4.11 Date: 1 1 Project/Site: Latitude: �� Evaluator: �M I tf & Fir I f County: A- L Longitude: ��- i ! Total Points: Stream is at least intermittent Stream Determination (circle one) Other if? 19 or perennial if>_ 30' J`> Ephemeral Intermittent Perennial e, q, Quad Name: A. Geomorphology (Subtotal = Alps 1a. Continuity of channel bed and bank 0 2. Sinuosity of channel along thalweg 0 3. ln-channel structure: ex. riffle-poot, step -pool, 2 ri le- ool sequence 0 4, Particle size of stream substrate 0 5. Activelrebet floodplain 0 6. Depositional bars or benches 0 7. Recent alluvial deposits 0 8. Headcuts 0 9. Grade control 0 10. Natural valley 0 11. Second or greater order channel 1 a artificial ditches are not rated; see discussions in manual 0.5 B. H drolo (Subtotal = ) 1.5 12. Presence of Baseflow 0 13. Iron oxidiziEbaoeri',a 0 14. Leaf litter 1 5 15. Sediment obris 01 B. Organic dees 017. Soil -based gh water table? C. Biolo Subtotal = 1 :nx Weak t Moderate 2 Strong 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3'. 1 2 3 0,5 1 1.5 0.5 1 1.5 No=0 Yes =3 0.5 N( 1 2 3 1 2 3 1 0.5 0 0.5 1 1.5 0.5 1 0 ' W O �YeS 3 1 18. Fibrous roots in streambed 3 19. Rooted 4land plants in streambed 3 2 q 0 20. Macrobenthos (note diversity and abundance) 0 2 1 0 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 1 0.5 2 1 3 23. Crayfish 0 1.5 24 -Amphibians --- -- ---- - - .. _. . 0.5 1 1.5 25. Algae 0 26. Wetland plants in streambed 0.5 1 1.5 ,perennial streams may also be identified using other methods. See p. 35 of manual. FACW = 0.75; OBL =1.5 Other = 0 Sketch: L� F� 3S-3�b'L�,v17�.9�zc7w Oz. C QFC 1DW. Stream Identification Form Version 4..11 Date: l J Project/Site: 2 Latitude: tl oto Evaluator: �`-L O u t �- County: Longitude: 77• Total Points. Stream is at least intermident]] n Stream Determination (circle one) Other if? 19 orperennial if> 3o` fvr r Ephemeral intermittent perennial e,9, Quad Name`,, A. Geomorphology (Subtotal V, Continuity of dhannel bed and bank Absent Weak Moderate Strong 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex, riffle -pool, step -pool, 0 1 2 3 rl le- ool se uence 0 1 2 3 4. Particle size of stream substrate0 5. Adtive/relict floodplain 0t 1 2 3 6. Depositional bars or benches 2 3 7. Recent alluvial deposits 0 12 3 8. Headcuts, 0 1 2 3.0 9. Grade control 0 t 2 3 10, Nature[ valley 0,5 1 1.50 11. Second or greater order. channel 0.5 1 1.5 a artificial ditches are not rated; see discussions in manual No 0 == Yes 3 B. H drolo (Subtotal 12. Presence of Baseflow 0 13. Iron oxidizing Eiacferia 0 1 2 3 14. Leaf fitter 1.5 1 1 2 3 15. Sediment on plants or debris 0 0.5 0 16. Organic debris lines or piles 0 0.5 1 - 1.5 17. Soil -based evidence of high water table? 05 1 1.5 C. Biology(Subtotal = No ' 0 Yes = 3 18. Fibrous roots in streambed 3 19. Rooted upland. plants in streambed1 3 2 0 20. Macrobenthos (note diversify and abundance) 0 2 .1 0 21. Aquatic Mollusks 0 1 1 2 3 22. Fish 0 2 3 23. Crayfish 0 0.5 1 1.5 2�Amphibians-Y-____---------------------- --- .. . 0.5 1 1.5 25. Algae 0 26. Wetland plants in streambed 0.5 1 1.5 *perennial streams may also be identified using other methods. See p. 35 of manual. FACW = 0.75; = OBL =1.5 Other 0 Notes: Sketch: C �r�-c,{i5'ws`�c• ���111i� C, F(f}e I `� /y/ 112 C` fj E A FI -L /Vlil.f1 C W/lA E}[� �ke� i ar✓ _ 5J'.'307 r'W 6-G lfl"alhll/� C�"'0 -7.7 c(73`/k/ NC DWR Stream Identification Form Version 4.11 Bate: Pro}ectfsite: Latitude: Evaluator: � Colin �1 �' Longitude: Total Points: Stream is at least intermittent if i3 or perennial if 30* �i` Stream Determination (circle one) Ephemeral Intermittent Perennial Other �� e.g. Quad N e; A. Geomor holo (Subtotal =--------� Weak Moderate Strong 1a. Continuity of channel bed and bank Sinuosity of channel along thalweg 7bsent 1 22. 33. structure:ex. riffle -pool, step -pool, 1 2 3 apple-nnel ri ie- ool se uence 0 1 2 3 4. Particle size of stream substrate 0 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9, Grade control 0 1 2 3 10. Natural valley 0.5 1 1.50 11. Second or greater order. channel 0.5 1 1.5 aartificial ditches are not rated; see discussions in manual No=O Yes =3 B. H drolo Subtotal W 12. Presence of Baseflow 0 13. Iran oxidizing bacteria 0 1 2 3 1�k. Leaf niter 1.5 1 1 2 3 15. Sediment on plants or debris 0 0 5 0 16. Organic debris lines or piles D 0.5 17. Soil -based evidence of high water table? 0.5 1 1.5 C. Siolo (Subtolai = No=O Yes =3 18. Fibrous roots in streambed 3 19. Rooted upland plants in streambed1 3 2 0 20. Macrobersthos ( note diversity and abundance) O 2 1 0 21. Aquatic Mollusks 0 1 t 2 3 22. Fish 0 2 3 23. Crayfish D 0.5 1 1.5 0.5 1 1.5 25. Algae 0 Q.5._... - -- - -1-- .----- 26. Wetland plants in stream 0.5 1 1.5bed FACW = 0.75; OBL =1.5 Other= 0 *perenniai streams may also be identified using other methods. Sea p. 35 of manual. NOteS: W Sketch: Loo 9 �) V 3 J'•3 x 27�f'`� qt� f� c '17.7703 4 k/ 5(�45&��Jk 14"t'I 1 T SJrL 64fc . [ 77. 7 J IFC DWR Stream Identification Form Version 4,11 Date: f /l Projectfsite: 2 Latitude; Evaluator: County-, ty' Longitude: Tota2- _11P Ints: Stream is at least intermittent Stream Determination (circle one) Other if? 19 or perennial if? 30* Al. Ephemeral Intermittent Perennial e.g. Quad Name: A. Geomor holo (Subtotal =. - ) 1 a. Continuity of channel bed and bank Absent Weak Moderate Stron 2. Sinuosity of channel along thalweg 0 0 1 2- 3 3. In -channel structure; ex. riffle-poof, step -pool, 1 2 3 ripple pool sequence 0 1 2 3 4. Particle size of stream substrate 0 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts. d 1 2 3 9. Grade control 1 2 30 10. Natur�vaffey 0 a 5 1 15 Seconater orderchannel 0.511. a artificial ditches are not rated; see discussions in manual No = a Yes = 3 B. H drolo (Subtotal= 12. Presence of Baseflow 0 13. iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 2 3 15. Sediment on plants or debris 0 1 0.5 a 16. Organic debris lines or piles 0 0,5 1 1.5 17. Soil -based evidence of high water table? 0,5 1 .1.5 C. Biolo Subtotal = No = 0 Yes = 3 18. Fibrous roots in streambed 3 19. Rooted upland. plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 2 1 0 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 1 0.5 2 10 3 23. Crayfish 1.5 0,5 1 1.5 25. Algae D 26. Wetland plants in streambed a.5 1 1.5 FACW = 0.75; OBL =1.5 Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: W1I�{ }, l AN IqAnLz W6i-lti7 PCGt5f,1 7' 31''. z/�i 77 S9n� z �✓ r ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROUNA Environmental Quality July 10, 2019 Cara Conder DWR ID# 2018-0181v3 Water & Land Solutions, LLC Wayne County 7721 Six Forks Rd, Suite 130 Raleigh, NC 27615 (via electronic mail: cara(- waterlandsolutions.com ) Re: Site Viability for Buffer Mitigation & Nutrient Offset - Scarborough Site Phase II Located near 35.321936, -77.983744 off Casey Mill Road, Goldsboro, NC Neuse 03020202 Dear Ms. Conder On June 3, 2019, Katie Merritt, with the Division of Water Resources (DWR), received a request from you on behalf of Water & Land Solutions, LLC (WLS) for a site visit at the above -referenced site in the Neuse River Basin within the 8 -digit Hydrologic Unit Code 03020202. The purpose of the site visit was to determine the potential for riparian buffer mitigation and nutrient offset within the proposed site boundary, shown on the attached map labeled "Figure 4b". It's DWR's understanding that WLS intends to proposed portions of this site to the Inter -Agency Review Team (IRT) as a stream and wetland mitigation site. The upstream portion of this site known as the "Scarborough Site" has already been assessed, and the mitigation determination performed by DWR was issued to WLS on March 29, 2019. On July 2, 2019, Ms. Merritt performed a site assessment of the adjacent, subject site. Staff with WLS were also present. Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB) and landward 200' for each existing feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. ENorth Carolina Department of Environmental Quality I Division of Water Resources � 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 :oun, cusrt� 919.707.9000 Scarborough Site Phase it Water Land Solutions, LLC July 10, 2019 Feature 10 Classification in the field 'Subject IQ Riparian Land uses adjacent to Feature Buffer Credit ?Nutrient Onset Mitigation a Detetnninaiion w/in riparian areas Viable at Buffer (0-200') Viable 2,273.021bs-N Rule per acre A Ditch No Non -forested N/A N/A N/A Proposed to be agricultural fields Overland flow of runoff, directional filled/plugged flow of runoff within the ditch, and direct hydrological connectivity to Feature B was not assessed onsite. B Stream Yes Non -forested Yes Yes Fields - Restoration Site per 15A agricultural fields NCAC 0213.0295 (n) 'Subjectivity calls for the features were determined by DWR in correspondence dated July 5, 2019, using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS . i NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment Nutrient offset credit cannot be generated adjacent to coastal headwater stream restoration sites The maps attached to this letter were prepared by AILS and were initialed by Ms. Merritt on July 8, 2019. This letter should be provided in all stream and wetland, buffer and/or nutrient offset mitigation plans for this site. This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any mitigation activities in riparian areas and/or surface waters. All vegetative plantings, performance criteria and other mitigation requirements for riparian restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being viable for nutrient offset credit above, one could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset in accordance with 15A NCAC 02B .0240. This viability assessment will expire on July 8, 2021 or upon the submittal of an As -Built Report to the DWR, whichever comes first. This letter should be provided in all stream, wetland or buffer mitigation plans for this Site. Page 2 of 3 Scarborough Site Phase if Water Land Solutions, LLC July 10, 2019 Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, KAHA7n Attachments: Figure 4b cc. File Copy (Katie Merritt) Karen Higgins, Supervisor 401 and Buffer Permitting Branch Page 3 of 3 R Legend I � site Limits 41 44 04* v f 1!nj,1�• � y ,T'�.�.� � .���{-fir+ �'�.t�•y�pi }ay',��t �,_ � �SF'•.�3 ; � r. � int � iti a�>-�rz��, .ti ' . 0 500 1,000 ►e;` � � x:• � ti������•���� .. .4' ='v FIGURE WATER & LAN D" Scarborough 2007 Aerial SOLUTIONS Phase Map Mitigation Project NAD 1983 2011 State Plane 4b North Carolina FI PS 3200 FT US ROY COOPER Governor MICHAEL S. REGAN serretary LINDA CULPEPPER Piret logy Water and Land Solutions, LLC Attn: Ms. Cara Conder 7721 Six Forks Rd, Suite 130 Raleigh, NC 27615 NORTH CAROLINA Environmental Quality July 5, 2019 DWR #18-0181 V4 WAYNE County Subject: On -Site Determination for Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0233) Subject Property/ Project Name: Scarborough Phase 2 Mitigation Site Address/Location: 2157 Pecan Road, Goldsboro Stream(s) Evaluated: Uts to Neuse River Determination Date: 07/02/2019 Staff: Anthony Scarbraugh Determination Type: Buffer: Stream: ® Neuse (15A NCAC 0213 .0233) ❑ Intermittent/Perennial Determination ❑ Tar -Pamlico (15A NCAC 02B .0259) Soil ❑ Catawba (15A NCAC 02B .0243) ❑ Jordan (15A NCAC 02B .0267) (governmental Subject and/or interjurisdictional projects) ❑ Randleman (15A NCAC 02B .0250) Survey ❑ Goose Creek (15A NCAC 02B .0605-.0608) 18-0181 V4 A Stream E/I/P* Not Subject Start@ Stop@ Soil USGS Subject Survey Topo 18-0181 V4 A Ditch X Flag: 18-0181 V4 Flag: 18-0181 V4 X A Begin A End 18-0181 V4 B P X Flag: 18-0181 V4 Flag: 18-0181 V4 X X B Begin B End *E/I/P/NSP = Ephemeral/Intermittent/Perennial/No Stream Present The Division of Water Resources has determined that the streams listed above and included on the attached map have been located on the most recent published NRCS Soil Survey of WAYNE County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale and evaluated for applicability to the NEUSE River Riparian Buffer Rules. Each stream that is checked "Not Subject" has been DEQ ora=—L 0 Erol —W QuAtr North Carolina Xpartrnent of Environmental Quality DIViSIon of Water Resources Washington Regional Office 1 943 Washington Square Mall I Washington. North Carolina 278813 252.946.6481 Wayne County Page 2 of 2 determined to not be at least intermittent or not present on the property. Streams that are checked "Subject" have been located on the property and possess characteristics that qualify them to be at least intermittent streams. There may be other streams or features located on the property that do not appear on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) calendar days of date of this letter to the Director in writing. If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): c/o Karen Higgins % Karen Higgins DWR — 401 & Buffer Permitting Unit DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699-1617 Raleigh, NC 27604 This determination is final and binding as detailed above, unless an appeal is requested within sixty (60) days. This determination only addresses the applicability to the buffer rules and does not approve any activity within the buffers. The project may require a Section 404/401 Permit for the proposed activity. Any inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of Engineers Washington Regulatory Field Office at (919)-554-4884, Ext. 22. If you have questions regarding this determination, please feel free to contact Anthony Scarbraugh at (252) 948-3924. Sincerely, P10X Tia.t•" Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: LASERFICHE Samantha Dailey, USACE Raleigh Regulatory Field Office (via email) Samir Dumpor, DELMR WaRO (via email) Jim Lynch, Sleepy Creek Farms, Inc., PO Box 10009, Goldsboro, NC 27532 Scarborough Phase 2 Mitigation Site 2016 SE Goldsboro USGS Topographic Map 1:24K 917 logo lJlan�gemaM C.amm�ioll - lr - � 9E�0�09 d4 D [3�8� r - nil+ a[WaW Plesoorca euse �.o U 1 _ — 1, r, Legend 18-0181 V4 A Not Subject • * 18-0181 V4 B Subject Flag: 18-0181 V4 OF a a Scarborough Phase 2 Mitigation Site ,': �,: Legend 1974 Soil Survey Map of Wayne County, NC - Sheet 18 and 24 ., • 18-0181 V4 A Not Subject I *% 18-0181 V4 B Subject ' - = Flag: 18-0181 V4 } D -r KaA 1* 0101 •0 .-..0 0 • FW, NEUSE 119vtew� 0 010 . :. _. 0101W -o .mow' � �,�„�, �• $. ,. 4 _ r- - N Wk Lv r k.- Google Earth i" N © 2018 Google I 1000 ft I Scarborough Phase 2 Mitigation Site Quality Level 2 LiDAR from NC Floodplain Mapping Program L� M. :7 w. w A O O O E[o l if - 20'18 Google 3 Attachment B — Photo Log Appendix B — Existing Conditions Photos UTI -R1: channelized conditions and lack of riparian buffer (04/06/18) UTI -R2: looking downstream at ditched conditions (04/06/18) Looking downstream at channelized conditions along UT1-R3(04/24/19) UT2(04/06/18) UT1A (04/06/18) UT3 (04/06/18) Attachment C — Model Conservation Easement RECORDING REQUESTED BY AND WHEN RECORDED MAILTO: 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 Mitigation Bank, Department of the Army (DA) Action ID NumberSAW- entitled "Agreement to Establish the Mitigation Bank in the 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 ReviewTeam (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 impactsto 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 or walkways. G. Signage. No signs shall be permitted on or over the Conservation Easement Area, except the posting of no trespassing signs, signs identifying the conservation values of the Conservation Easement Area, signs giving directions or proscribing rules and regulations for the use of the Conservation Easement Area and/or signs identifying the Grantor as owner of the Conservation Easement Area. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Conservation Easement Area is prohibited. I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner on the Conservation Easement Area, except to restore natural topography or drainage patterns. 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 temoorary 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, enhance mentand preservation of streams, wetlands and riparian areas within the Conservation EasementArea.. M. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Area which is or may become inconsistent with the purposes of this grant, the preservation of the Conservation Easement Area substantially in its natural condition, or the protection of its environmental systems, is prohibited. /_11311449lll GRANTOR'S RESEVERED RIGHTS The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the Conservation Easement Area for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement Area, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this Conservation Easement. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors and assigns, including acting as the Bank Sponsor, the right to construct and perform activities related to the restoration, enhancement, and preservation of streams, wetlands and riparian areas within the Conservation Easement Area in accordance with the approved Mitigation Plan, the Bank Parcel Development Package, and the two Mitigation Banking Instruments described in the Recitals of this Conservation Easement. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, the Corps and NCDWR, shall have the right to enter the Property and Conservation Easement Area at all reasonable times for the purpose of inspecting the Conservation Easement Area to determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee, Enter Sponsor Name, and its authorized representatives, successors and assigns, the Corps and NCDWR shall also have the right to enter and go upon the Conservation Easement Area for purposes of making scientific or educational observations and studies, and taking samples. The easement rights granted herein do not include public access rights. ARTICLE V ENFORCEMENTAND REMEDIES A. To accomplish the purposes of this Easement, Grantee, the Corps, and NCDWR are allowed to prevent any activity on or use of the Conservation Easement Area that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Conservation Easement Area thatmay be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the terms of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction or restoration, including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. The Corps and the NCDWR shall have the same rights and privileges as the said Grantee to enforce the terms and conditions of this Conservation easement.. B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Conservation Easement Area resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Conservation Easement Area resulting from such causes. ARTICLE VI MISCELLANEOUS A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Easement, and that Grantor will warrant and defend title to the Property against the claims of all persons. _ B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Conservation Easement Area. The Grantor agrees to provide written notice of such transfer at least sixty (60) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Conservation Easement Area or any portion thereof and shall not be amended, modified or terminated without the prior written consent and approval of the Corps. C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder pursuant to 33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34 et seq. and § 501(c)(3) and § 170 (h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. Entire Agreement and Severability. The combined Mitigation Banking Instruments: MBI with corresponding Mitigation Plan, and MBI with corresponding BPDP, and this Conservation Easement sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Long -Term Management. If livestock operations will be maintained on the property, Grantor is responsible for all long-term management activities associated with fencing to ensure livestock do not have access to the Protected Property. These activities include the maintenance and/or replacement of fence structures, as deemed necessary by the Grantee, to ensure the aquatic resource functions within the boundaries of the Protected Property are sustained. G. Extinguishment. In the event that changed conditions render impossible the continued use of the Conservation Easement Area for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. H. Eminent Domain. Whenever all or part of the Conservation Easement Area is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damages due to the taking. I. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of the Conservation Easement Area is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement as determined at the time of the extinguishment or condemnation. J. Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph): To Grantor: [Name, address and fax number] To Grantee: [Name, address and fax number] To 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]