20021173 Ver 1_Complete File_20020722

,4 wAr Michael F. Easley, Governor
0 F9 William G. Ross Jr., Secretary
\O? QG North Carolina Department of Environment and Natural Resources
tq Alan W. Klimek, P.E. Director
j Division of Water Quality
O <
Dr. Gregory J. Thorpe, PhD., Manager
Planning & Environmental Branch
N.C. Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
I'
February 17, 2006
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Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Modification to the proposed widening of NC 11 from Rosewood Drive (SR 1194) to approximately 125 feet
south of Deep Run Creek in Lenoir County.
State Project No. 6.201014, WQC Project No. 021173, TIP No. R-2001A
Attached hereto is a modification to Certification No. 3392 issued to the North Carolina Department of
Transportation on September 13, 2002. The attached modification authorizes only an extension of the
Certification expiration date. All the authorized activities and conditions associated with the original Water
Quality Certification dated September 13, 2002 and all other corresponding modifications still apply except
where superceded by this certification.
If we can be of further assistance, do not hesitate to contact us.
Attachments:
Modification to WQC No. 3392
Certificate of Completion
cerel
1-?L ?--
for Alan W. rmek,
Director
cc: Wilmington District Corps of Engineers
Mr. Bill Biddlecome, US Mny Corps of Engineers, Washington Field Office
Mr. Jay Johnson, Division 2 Environmental Officer, NCDOT
Mr. Rob Ridings, NCDWQ, Wetlands/401 Unit
Central Files
File Copy
A
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone]
FAX [phone]
01S
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15
NCAC 2H, Section .0500. The attached modification authorizes only an extension of the Certification expiration
date. This modification is applicable only to the additional proposed activities. All the authorized activities and
conditions of certification associated with the original Water Quality Certification dated September 13, 2002 and all
other corresponding modifications still apply except where superceded by this certification.
The application provides adequate assurance that the discharge of fill material into the proposed wetlands in
conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and
discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable
portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application, as described in the
Public Notice. Should your project change, you are required to notify the DWQ and submit a new application. If
the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby
responsible for complying with all the conditions. If total wetland fills for this project (now or in the future exceed
one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this
approval to remain valid, you are required to comply with all the conditions listed below. In addition, you should
obtain all other federal, state or local permits before proceeding with your project including (but not limited to)
Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations.
Condition(s) of Certification:
1) Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation, operation and maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must
be such that they equal, or exceed, the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction
sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
C. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
2) A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division
Engineer and the on-site project manager.
3) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The
responsible party shall complete the attached form and return it to the 401 /Wetlands Unit of the Division of
Water Quality upon completion of the project.

of
4) A delay of entry requirement is in effect for Site 2. For this area, no work shall be performed prior to DWQ's
approval. Activities elsewhere on the project are authorized upon the effective date of this Certification.
5) All other conditions written into previous Water Quality Certifications for this project still apply.
Violations of any condition herein set forth shall result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This
Certification shall expire upon expiration of the federal 404 permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty
(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to
Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 27611-7447. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the
Certification. Unless such demands are made, this Certification shall be final and binding.
This the 17h day of February, 2006
DIVISI N OF WATER QUALITY
for Alan W. Klimek, P.E.
Director
Modification to WQC No. 3392
WArMichael F. Easley, Governor
William G. Ross Jr., Secretary
\OC? ?-r%
orth Carolina Department of Environment and Natural Resources
G N
pj r Alan W. Klimek, P.E. Director
Division of Water Quality
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DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North
Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to
send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Date:
Agent's Certification
1, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certification
Date:
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
One
14pi Caro ma
""turally
Transportation Permitting Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Intemet: htto://h2o enr.state. nc us/ncwetlands
County:
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
o2,1173

MICHAEL F. EASLEY
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
February 15, 2006
Mr. Brian Wrenn
N. C. Dept. of Environment and Natural Resources
Division of Water Quality,
1650 Mail Service Center
Raleigh, NC 27699-1650
Dear Mr. Wrenn:
Transportation Permitting Unit
4ap
Re,?"ch
LYNDO TIPPETT
SECRETARY
SUBJECT: Extension Request of Permit Expiration Date for DWQ 401 Water Quality
Certification and Neuse Buffer Certification. Proposed widening of NCI I from
Rosewood Drive (SRI 194) to approximately 125 feet south of Deep Run Creek in Lenoir
County. WQC Project No. 021173; Action ID. 200210879; State Project No. 6.201014;
TIP No. R-2001 A; Debit Fee of $475.00 from VMS Element 34366.1.2
Construction of TIP R-2001 A has not been completed. All work in jurisdictional areas has stopped until
the 401 Water Quality Certification expiration date is modified. Page one, paragraph three of the 401
Water Quality Certification states that it will expire 3 years from the date of the cover letter (September
13, 2002) or on the same day as the expiration date of the corresponding Corps of Engineers Permit,
whichever is sooner. However, on page three, paragraph two DWQ states the certification shall expire
upon the expiration of the 404 or CAMA Permit. NCDOT is hereby requesting that the 401 expiration
date be modified to correspond with the Corps of Engineers Permit expiration date of December 31,
2006.
If you have any further questions or would like additional information please contact Chris Manley at
[phone] or cdmanley(a)dot.state. Tic. us. Thank you for your time and consideration.
Sincerely, I
l ?
Grego . Thorpe, Ph.D. Environmental Management Director,
Project Development and Environmental Analysis Branch
cc:
Mr. John Hennessy, NCDWQ
Mr. Mark Staley, Roadside Environmental
Mr. C. E. Lassiter, P.E., Division 2 Engineer
Mr. Jay Johnson, Division 2 Environmental Officer
Mr. Scott McLendon, USACE, Wilmington
MAILING ADDRESS: LOCATION:
NC DEPARTMENT OF TRANSPORTATION TELEPHONE: [phone] CAPITAL BLVD.
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS FAX: [phone] PARKER LINCOLN BUILDING, SUITE 240
1598 MAIL SERVICE CENTER
WEBSITE: WWW
NCDOT.ORG RALEIGH NC 27604
.
RALEIGH NC 27699-1598
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September 13, 2002
Mr. V. Charles Bruton, PhD, Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Mr. Bruton:
Re: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed widening of NCI 1 from Rosewood Drive (SR 1194) to approximately 125 feet south of Deep Run
Creek in Lenoir County.
WQC Project No. 021173, State Project No. 6.201014
Attached hereto is a copy of Certification No. 3392 issued to The North Carolina Department of Transportation
dated July 25, 2002.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
1 . Klimek, P. E.
i ect r
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
DWQ Washington Regional Office
Central Files
File Copy
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
JFII."R jL
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748
F NJ A TF Michael F. Easley, Governor
\O?O 9OG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E. Director
d `C
APPROVAL OF 401 Water Quality Certification and ADDITIONAL CONDITIONS
and Neuse River Buffer Rules
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15
NCAC 2H, Section .0500, and 15 NCAC 2B .0233. This certification authorizes the NCDOT to place fill material
in 3.20 acres, excavate 0.27 acres, and perform mechanized clearing in 0.47 acres of jurisdictional wetlands. In
addition, this certification authorizes the fill of 350 linear feet of streams, 63,139 square feet of protected riparian
buffers. The purpose of the project is the widening of NCI I from Rosewood Drive (SR 1194) to approximately 125
feet south of Deep Run Creek in Lenoir County. The project shall be constructed pursuant to the application dated
July 25, 2002.
The application provides adequate assurance that the discharge of till material into the waters of the Neuse River
Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate
the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application, as described in the
Public Notice. Should your project change, you are required to notify the DWQ and submit a new application. If
the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby
responsible for complying with all the conditions. If additional wetland impacts, or stream impacts, for this project
(now or in the future) exceed one acre or 150 linear feet, respectively, additional compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you are required to
comply with all the conditions listed below. In addition, you should obtain all other federal, state or local permits
before proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal
Stormwater, Non-discharge and Water Supply watershed regulations. This Certification shall expire three years
from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Corps of
Engineers Permit, whichever is sooner.
Condition(s) of Certification:
Appropriate sediment and erosion control practices which equal or exceed those outlined in the most
recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the
"North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of
Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all
specifications governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to assure compliance with the appropriate turbidity water quality standard
(50 NTUs in all fresh water streams and rivers not designated as trout waters; 25 NTUs in all lakes and
reservoirs, and all saltwater classes; and 10 NTUs in trout waters);
2. All sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored after the Division of Land Resources
has released the project;
3. If an environmental document is required, this Certification is not valid until a FONSI
or ROD is issued by the State Clearinghouse. All water quality-related conditions of the FONSI or ROD
shall become conditions of this Certification;
1
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748
?0? W A TFRQ
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>
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
4. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
5. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with
this permit without appropriate modification of this permit. Should waste or borrow sites be located in
wetlands or stream, compensatory mitigation will be required since it is a direct impact from road
construction activities.
6. All channel relocations will be constructed in a dry work area, and stabilized before stream flows are
diverted. Channel relocations will be completed and stabilized prior to diverting water into the new
channel. Whenever possible, channel relocations shall be allowed to stabilize for an entire growing
season. Vegetation used for bank stabilization shall be limited to native woody species, and should
include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both
sides of the relocated channel to the maximum extent practical. A transitional phase incorporating coir
fiber and seedling establishment is allowable. Also, rip-rap may be allowed if it is necessary to maintain
the physical integrity of the stream, but the applicant must provide written justification and any
calculations used to determine the extent of rip-rap coverage requested.
7. Compensatory mitigation for impacts to wetlands shall be done for 3.94 acres (7.88 acres of impacts
requiring mitigation at a replacement ratio of 2:1) of jurisdictional wetlands as follows:

Mitigation Site
Habitat Credits of
WL Debited Footnotes
Bear Creek
Mitigation Bank
Riverine Restoration
3.94

Riverine Preservation
3.94 Each preservation credit has 5
acres of wetland preservation

Total 7.88
The Bear Creek Mitigation Bank is allowed for use by this certification once the NC Division of Water
Quality approves it.
8. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed.
The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the
Division of Water Quality upon completion of the project.
9. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to
DWQ that providing passage would be impractical. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be maintained if
requested in writing by DWQ.
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748
O?O? W ATFRQG
10. Compensatory mitigation for impacts to Neuse Riparian Buffers shall be provided for as described below.
Zone of
Impact Mitigatable
Impacts
(Square Feet) Replacement
Ratio Total Acres of
Mitigation
Required
Zone 1 10,783 3:1 32,349
Zone 2 10,665 1.5:1 15,998
Total 48 348
Mitigation for unavoidable impacts to Neuse Riparian Buffers shall be provided through an in-lieu payment
to the North Carolina Wetlands Restoration Program (NCWRP) at a rate of 0.96 per square foot for 48,348
square feet of buffer impact. Therefore, a total payment of $46,414 shall be submitted to the NCWRP to
offset the project impacts.
Violations of any condition herein set forth shall result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This
Certification shall expire upon the expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty
(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to
Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 27611-7447. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the
Certification. Unless such demands are made, this Certification shall be final and binding.
This the 6`h day of September 2002
WQC No. 3392
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
DIV ION OF WATER QUALITY
1i
0
l
a Klimek, P.E.
irector
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748
IN REPLY REFER TO
Regulatory Division
Action Ill. 199910581
Mr. George Howard
Restoration Systems, LLC
1101 Haynes Street, Suite 203
Raleigh, North Carolina 27604
Dear Mr. Howard:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
August 16, 2002
In accordance with your request and the ensuing administrative record, enclosed is an
original signature page signed by the District Engineer, Wilmington District, U.S. Army Corps
of Engineers, for the mitigation banking instrument entitled Agreement to Establish the Bear
Creek-Mill Branch Mitigation Bank, Lenoir and Craven Counties, North Carolina. The
duplicate copy will be permanently retained in this office. Also attached for your records,
are copies of the other Mitigation Bank Review Team signature pages I have received to date.
Additional signature pages received subsequent to this correspondence will be forwarded to
you immediately.
Thank you for your time and cooperation. If you have questions, please contact me at
the Washington Regulatory Field Office, telephone [phone], extension 22.
Sincerely,
David M. Lekson, P.W.S.
Chief, Washington Regulatory Field Office
Enclosures
RECEIVED
AUG 5 ?00?
A"Ov
IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The Bear Creek-Mill Branch Mitigation Bank In Lenoir and
Craven Counties, North Carolina":
Restoration Systems, LLC:
By:
U.S. Army Corps of En 'veers:
By: v,
Charles R. Alexand , Jr.
Colonel, U.S. Army
District Engineer
Date: 00, c' O 6 ? -4-
Date: f Z? ? z
IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The Bear Creek-Mill Branch Mitigation Bank In Lenoir and
Craven Counties, North Carolina":
U.S. Environmental Protection
By: Date:
ri c Fi NV 'fli`p Service:
By: Datc:
National Marine Fisheries Service:
By_ Date:
N.C. Division of Water Quality:
} .
D - - Date:
N.C. Wildlife Resources Commission:
By: Date:
IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The Bear Creek-Mill Branch Mitigation Bank In Lenoir and
Craven Counties, North Carolina":
U.S. Environmental Protection Aglencv:
"y. Dat°
U.S. Fish and Wildlife Service:
By: Date: r /8-OZ
National Marine Fisheries Service:
By:
Date:
N.C. Division of vVater Qualitv:
By: Date:
N.C. Wildlife Resources Commission:
By. Date:
IN NN71TNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The Bear Creek-Mill Branch Mitigation Bank In Lenoir and
Craven Counties, North Carolina":
U.S. Environmental Protection Agency:
By:
D ate:
U.S. Fish and Wildlife Service:
3y:
Date:
'rational Marine Fisheries Service:
By:
Date:
N.C. Division of Vater Quality:

Date:
N.C. Wildlife Resources Commission:
J: J
Date;/?? ?C1 ?--

IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement to Establish The Bear Creek-Mill Branch Mitigation Bank in Lenoir and Craven
Counties, North Carolina":
Restoration Systems, LLC:
By:
Date:
U. S. Army Corps of Engineers:
By:
U. S. Environmental Protection Agency:
Date:
By:
U. S. Fish and Wildlife Service:
By:
National Marine Fisheries Service:
By:
N. C. Division of Water Quality:
Date:
Date:
Date:
By: Date:
N. C. Wildlife Resources Commission:
By:
With respect to paragraphs 24 and 28-34 only,
N.C. Department of Transportation:
By:
Date:
Date: J V I pp
l
j l
l
C14

MICHAEL'V
GOVERNOR

Washington Regulatory Field Office
U. S. Army Corps of Engineers
Post Office Box 1000
Washington, North Carolina 27889-1000
July 25, 2002
ATTN.: Mr. Michael F. Bell
Regulatory Project Manager
Dear Sir:
X21173
LYNDO TIPPETT
SECRETARY
f5 I
,rv
WETLANDS G??Dt!P
W TO QUALITY SEC !P!
Subject: Application for Section 404 and 401 permits and Riparian Buffer
Certification for R-2001A. NC 1 l from Rosewood Drive (SR 1194) to approximately 125 feet
South of Deep Run Creek. Lenoir-County. State Project No 6201014. TIP No. R-2001 A.
The North Carolina Department of Transportation proposes to widen NC 11 to a four lane
divided highway from Rosewood Drive (SR 1194) to approximately 125 feet south of Deep Run
Creek. The project is approximately 4.08 miles in length. This application package consists of
the cover letter, ENG Form 4345, 81/2x11 inch permit drawings, a document entitled
HYDRAULIC DESIGN AND PERMIT REVIEW MEETINGS FOR R-2001 A, LENOIR CO.,
half size plan sheets, and the Neuse Buffer Addendum.
Purpose and Need: As identified in the EA, the main purpose of the proposed project is to
complete an important link in North Carolina's Intrastate Highway System.. A secondary
purpose but one that fulfills an immediate need is to reduce the congestion and traffic on NC 11
and provide safer operating conditions. NC 11, a major rural collector, is a "critical connector"
from I-40 near Kenansville to the Virginia State border passing through Kinston and Greenville
and connecting three intrastate corridors. The proposed project improvements are scheduled in
conjunction with two other projects (R-2204 and R-2211) forming the southern leg of the
connector. R-221 l extends from 1-40 to NC 24 and bypasses Kenansville. R-2204 completes the
Kenansville Bypass between NC 24 and existing NC I 1 and extends to SR 1110, providing a
bypass of Pink Hill.
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
PAYMENT
RECEIVED
Summary of Impact Impacts on jurisdictional areas of the proposed project consist of a total of
3.59 acres of permanent riverine wetland impacts and 0.35 acres of non-riverine impacts. There
will also be approximately 350 linear feet of jurisdictional stream impacts.
Summary of Mitigation: The project has been designed to avoid and minimize impacts to
jurisdictional areas throughout the NEPA and design processes. Compensatory mitigation to
jurisdictional wetlands will be handled by the use of credits from the Bear Creek Mitigation
Bank. Compensatory mitigation for jurisdictional streams will be handled by using 700 feet
from the Crescent Road Stream Mitigation Site.
Summary of Neuse Buffer Impacts and Mitigation: There will be impacts to a total of 1.45 acres
(63,139 square feet) of Neuse Riparian Buffer. We will provide buffer mitigation from the
Crescent Road Mitigation Site as described in detail in the attached Neuse Buffer Addendum.
NEPA DOCUMENT STATUS
A North Carolina State Environmental Assessment (SEA) was submitted by the NCDOT
on October 30, 1990 in compliance with the North Carolina Environmental Policy Act. The
document addressed R-2001A, the widening of the existing two-lane facility from SR 1194 north
of Pink Hill to 0.2 miles south of Deep Run Creek, as well as R-2001 B and R-2001 C. Both R-
2001 C and R-2001 B have been constructed. The SEA explains the purpose and need for the
project; provides a description of the alternatives considered; and characterizes the social,
economic, and environmental effects. After the SEA was approved it was circulated to federal
state and local agencies. On May 18, 1992 a FONSI was approved for R-2001. Copies of the
EA and FONSI have been provided to regulatory review agencies involved in the approval
process. Additional copies will be provided upon request.
INDEPENDENT UTILITY
R-2001A is in compliance with 23 CFR Part 771.111(f) which lists the FHWA characteristics of
independent utility of a project:
The subject project is in compliance with 23 CFR Part 771.111(f) which lists the Federal
Highway Administration (FHWA) characteristics of independent utility of a project:
(1) The project connects logical termini and is of sufficient length to address
environmental matters on a broad scope,
(2) The project is usable and a reasonable expenditure, even if no additional
transportation improvements are made in the area;
(3) The project does not restrict consideration of alternatives for other reasonably
foreseeable transportation improvements.
r
RESOURCE STATUS
Delineations:
Wetland and streams delineations were conducted in December 1999 and January 2000 by
EcoScience Corporation personnel using the criteria specified in the 1987 Corps of Engineers
Wetland Delineation Manual. Mr. Mike Bell of the USACE Washington Regulatory Field
Office verified the delineations in the field on February 10, 2000. In addition to the delineations,
the streams were characterized and data recorded on both the NCDWQ Stream Classification
Form and the USACE Intermittent Channel Evaluation Form. The following characterization of
the jurisdictional site summarizes the March 2000 Natural Systems Report including the data
from the aforementioned forms. R-2001A has 3.94 acres of jurisdictional wetlands and 350 feet
of jurisdictional streams.
Wetlands: There are no temporary wetland impacts or any impacts to ponds.- There are two types
of forested palustrine systems impacted: broad leaved deciduous and broad leaved evergreen.
The majority of the jurisdictional sites are wetlands defined by Cowardin as palustrine, forested,
broad-leaved deciduous systems characterized by seasonal flooding. They (Sites 1 to 11) occur in
floodplain systems bordering all streams crossed by the project. Canopy species are tulip poplar
(Liriodendron tulipefera), red bay (Persea palustris), and sweetbay (Magnolia virginiana).
These systems are all riverine wetlands.
The other type of wetlands are palustrine, forested, broad leaved evergreen wetlands which are
saturated but has been partially drained. This site is Site 12 and occurs on an interstream flat.
The system support bay forest vegetation including loblolly bay (Gordonia lasianthus), red
maple (Acer ruhrum), with a dense shrub layer of wax myrtle (Myrica cerifera). This system is a
non-riverine system.
Streams: The project corridor is located along the southern boundary of the Neuse River
Drainage Basin. Drainage from the northern third of the project corridor flows into Deep Run
Creek (27-80-1) which is a tributary to Southwest Creek and is classified as C Sw NSW. The
streams on the southern two third of the project are in the Trent River sub-basin which are
usually humic-colored "blackwater" streams. The three stream systems located within this
portion of the corridor are the Trent River (Site 8), Tuckahoe Branch (Site 2) and an unnamed
tributary to Tuckahoe Branch (Site 4). All three systems have a classification of C Sw NSW.
The Trent River [27-101-(1)] water quality classification is C Sw NSW and is listed on the 303d
list of impaired streams in North Carolina (from its source to the mouth of Deep Gully). The
factor that put it in that classification is from dissolved oxygen (DO). According to the DWQ
303d list, the DO violation in much of this segment may be due to natural swamp conditions.
Prior to TMDL development, the DWQ has stated that they must determine whether the low DO
is due to natural conditions. The list further states that the river is impaired due to the following
uses: Agriculture, Intensive Animal Feeding Operations, and Off-farm Animal
Holding/Management Area.
Table 1. Jurisdictional Wetland and Stream Impacts
SITE STATION Wetlands Wetland DWQ Streams DWQ Stream DWQ Index
(ac) Type Wetland (ft) (P) Score Number
Rating
1 107+50 to 0.03 DITCH NA 0 NA
108+50
2 114+00 to 0.5 PFO 1 C 61 109 31 27-71-2
118+20 Tuckahoe Creek
3 128+50 to 0.59 PFO1 C 53 0 NA
134+30
4 131+20 to 0.05 PFO1 C NA 140 24.5 27-71-2
131+80 UT to Tuckahoe
Creek
5 132+00 to 0.01 PFO1 C NA 0 NA
135+20
6 154+70 to 0.05 DITCH 36 0 NA
158+60
7 196+05 to 0.28 PFO 1 C 27 0 NA
197+65
8 211+30 to 0.81 PFO1C 61 101 33 27-101-(1)
216+25 Trent River
9 247+78 to 0.01 PF03Bd NA 0 NA
247+92
10 247+60 to 1.28 PF03Bd 20 0 NA
251+80
11 286+78 to 0.01 PFO l C NA 0 NA
287+20
12 294+65 to 0.35 PFO1C 48 0 NA
299+10
Total 3.97 350
(P) Perennial
PROTECTED SPECIES
Plants and animals with Federal classification of Endangered (E) or Threatened (T) are
protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as
amended. As of March 7, 2002, the U.S. Fish and Wildlife Service (FWS) lists two federally
protected species for Lenoir County (Table 2).
Table 2. Federally Protected Species for Lenoir County
SCIENTIFIC NAME COMMON NAME STATUS
Aeschynomene virginica Sensitive jointvetch T*
Picoides borealis Red-cockaded woodpecker E
r. uenotes r-nuangerea (a species that is in danger of extinction throughout all or a significant portion of
its range).
"T*" denotes Threatened "likely to become endangered within the foreseeable future throughout all or a
significant portion of its range." The * denotes that the species is a Historic Record - the species was last
observed in the county more than 50 years ago.
A biological conclusion of "No Effect" was reached for all species based on on-site surveys
made in December 1999. The results of the surveys indicate that there is no habitat for either
species. Therefore, there will be no effect on the species.
INDIRECT CUMULATIVE IMPACT ANALYSIS
Existing rules for the 401 Water Quality Certification Program (15A NCAC 2H .0506(b)(4)
require that the DWQ determine that a project "does not result in cumulative impacts, based on
past or reasonably anticipated future impacts, that cause or will cause a violation of downstream
water quality standards."
Most road minor road widening projects involve a road facility that is in an area that is already
experiencing growth pressures. Widening existing substandard lane widths or the addition of
one or more travel lanes typically does not pose the threat of providing new access to
undeveloped areas where such access did not previously exist. The facility's improved level of
service primarily accommodates existing growth pressures and does not necessarily create
conditions for increased growth or the threat of indirect and cumulative impacts to downstream
water quality, where none previously existed.
As previously mentioned the Trent River is an impaired stream and on the 303d list. The factor
that put it in that classification is reduced dissolved oxygen (DO). According to the DWQ 303d
list, the DO violation in much of this segment may be due to natural swamp conditions and the
activities that will exacerbate the violation are Agriculture, Intensive Animal Feeding
Operations, and Off-farm Animal Holding/Management Areas.
The widening of NC 11 would not result in the expansion of the agricultural industry within the
watershed. Therefore, this project should not affect the downstream water quality standards.
CULTURAL RESOURCES
Archaeolma: An archaeological survey report for the proposed project was completed and
transmitted to the SHPO on August 29, 2000. On September 26, 2000 the SHPO concurred that
no additional archaeological investigation is warranted in connection with the project. A copy of
the September 26, 2000 letter is attached to this application.
Historic: On September 7, 2000 the SHPO concurred that there are no properties considered
eligible for the National Register and that no further evaluations are required. A copy of the
concurrence form is attached to this application.
FEMA COMPLIANCE
There are no regulated floodways on this project; therefore compliance with FEMA regulations
is not applicable
WILD AND SCENIC RIVER SYSTEM
The project will not impact and Designated Wild and Scenic Rivers or any rivers included in the
list of study rivers (Public Law 90-542, as amended).
MITIGATION OPTIONS
The Corps of Engineers had adopted, through the Council on Environmental Quality
(CEQ), a wetland mitigation policy that embraces the concept of "no net loss of wetlands" and
sequencing. The purpose of this policy is to restore and maintain the chemical, biological, and
physical integrity of the Waters of the United States. Mitigation of wetland and surface water
impacts has been defined by the CEQ to include: avoiding impacts, minimizing impacts,
rectifying impacts, reducing impacts over time and compensating for impacts (40 CFR 1508.20).
Executive Order 11990 (Protection of Wetlands) and Department of Transportation Order
5660.1 A (Preservation of the Nations Wetlands), emphasize protection of the functions and
values provided by wetlands. These directives require that new construction in wetlands be
avoided as much as possible and that all practicable measures are taken to minimize or mitigate
impacts to wetlands.
The NCDOT is committed to incorporating all reasonable and practicable design features
to avoid and minimize jurisdictional impacts, and to provide full compensatory mitigation of all
remaining jurisdictional impacts. Avoidance measures were taken during the planning and
NEPA compliance stages; minimization measures were incorporated as part of the project
design.
AVOIDANCE: All wetland areas not affected by the project will be protected from unnecessary
encroachment. No staging of construction equipment or storage of construction supplies will be
allowed in wetlands or near surface waters.
MINIMIZATION: Minimization includes the examination of appropriate and practicable steps
to reduce the adverse impacts. Minimization techniques were implemented as follows:
Slopes: Fill slopes in wetlands are at a 3:1 ratio.
Ditchiny,: It is the policy of the NCDOT to eliminate lateral ditching in wetlands as much as
possible, thus preserving the hydrology of adjacent wetlands.
Median Width: The project was designed using a 46-foot median width.
Method of Clearing: Project R-2001 A will use Method III.
Box Culvert Design: Box culvert inverts are to be buried one foot below the stream bed where
feasible, depending on the relative elevations of the stream bed and the existing box culvert
being extended. Both box culvert extensions will maintain the normal stream flow and channel
characteristics.
BMP's: Best Management Practices (BMPs) and measures used on the project to reduce
stormwater impacts are primarily grassed swales. A detailed description of the grassed swales is
located on page 5 of the attached Stormwater Management Plan.
Sta. 1] 5+10 -L2REV- (Tuckahoe Branch)
The existing 9' x 7' reinforced concrete box culvert will be extended on both ends and buried
approx. one foot below the streambed. The outlet extension will be a 9' x 8' to allow the culvert
outlet to be buried one foot. No stream rechannel i zati on will be required.
Sta. 213+93 -LREV- (Trent River)
The existing double-barrel 7' x 7' reinforced concrete box culvert will be extended on both ends
and buried approximately one foot below the stream-bed on the inlet end. Although the outlet
end will not be buried (due to a drop in bed elevation at the outlet), it will be greater than one
foot lower than the stream a a oca ion approximate y downstream of the
outlet, which provides natural grade control.
Site 8, Station 211+30 to 216+25: We minimized the impacts at this site by revising the proposed
channel to smooth out the bend in the channel where the existing channel ties into the proposed.
In addition, the mechanized clearing was decreased from 0.36 acres to 0.18 acres.
Site 11, Station 286+78 to 287+20: The site was designed to ensure the reduction of the velocity
of water entering the wetlands. The driveway pipe size was increased (reducing the pipe outlet
velocity by half from existing conditions). The proposed pipe outlet was set 0.5 feet below the
normal ponded water surface in the scour hole. These designs are described in more detail in the
attached document entitled "Ill. Agency Comments and Post-Meeting Activities."
COMPENSATION: The primary emphasis of the compensatory mitigation is to reestablish a
condition similar to that that would have existed if the project were not built. As previously
stated, mitigation is limited to reasonable expenditures and practicable considerations related to
highway operation. Mitigation is generally accomplished through a combination of methods
designed to replace wetland functions and values lost as a result of construction of the project.
These methods consist of creation of new wetlands from uplands, borrow pits, and other non-
wetland areas; restoration of wetlands; and enhancement of existing wetlands.
Bear Creek Mitigation Bank
The mitigation bank is comprised of 448 acres of riverine floodplains located along Bear
Creek (fourth order stream) and the Neuse River (fifth order stream) in Lenoir and Craven
Counties within Cataloging Unit 03020202. This includes 88 acres of forested riparian wetland
restoration, 34 acres of forested riparian wetland enhancement, and 23 acres of upland buffer
enhancement on both sides of Mill Branch at its confluence with Bear Creek in western Lenoir
County. In addition, the bank includes 303 acres of forested riparian preservation (mostly old
growth cypress-tupelo) along the Neuse River in Lenoir and Craven Counties. The restoration
and enhancement areas were constructed and/or planted during the winter of 2001-2002.
Groundwater and surface water gauges and vegetation monitoring plots were installed prior to
the beginning of the 2002 growing season. The Mitigation Banking Instrument for the bank is
being circulated for signatures at this time and is expected to be completed soon.
The NCDOT proposes to mitigate for the 3.94 acres of unavoidable impacts to jurisdictional
wetlands by purchasing credits from the Bear Creek Mitigation Bank.
Compensatory Stream Mitigation: 700 feet of off site mitigation at a ratio of 2:1 will mitigate
the 350 linear feet of jurisdictional stream impacts. The mitigation will come from the Crescent
Road Stream Mitigation Site. Both the proposed project (R-2001A) and the proposed stream
mitigation site are in the same Hydrological Unit (03020202). The following is a brief
description of the Crescent Road Stream Mitigation Site.
Crescent Road Stream Mitigation Site.
The project involves restoring 500 meters (1640 feet) of G5c stream adjacent to a new North
Carolina Department of Transportation (NCDOT) highway project, Crescent Road north of
Kinston (Transportation Improvement Program project R-2719BA). The stream, with a drainage
area of 65 hectares (161 acres), is an unnamed tributary of Briery Run that had been straightened
during past agricultural uses. The downstream two-thirds of the project reach had no forested
buffer, with cultivated field extended to the top of both banks. A narrow forested buffer exists
on the right bank over the upstream third of the reach. The roadway project required the
construction of three new culverts, which set the profile grade at the upstream end, mid-reach
and downstream end.
NCDOT requested that Buck Engineering develop a design that would maximize belt width,
increase stream length, increase riverine wetland and buffer areas, and improve floodplain
functionality. The design stream pattern, with a sinuosity of 1.3, increased restored stream
length by about 200 meters (656 feet). Relatively deep culvert inverts necessitated a Priority 2
restoration. An excavated floodplain extending 15 meters (49 feet) on both banks provided
about 2.2 hectares (5.43 acres) of restored buffer and about 1.9 hectares (4.56 acres) of riverine
wetland. Several shallow vernal pools were excavated on the floodplain and brush mats were
anchored into the floodplain soils to enhance habitat.
Construction began in November 2001. Channel excavation and floodplain grading lasted about
10 weeks. Root wads and erosion control matting were installed during the grading operations.
Rock cross vanes were constructed over a one-week period in late February 2002. Cross vane
grades were set about 0.30 meter (1 foot) above the adjacent culvert inverts to promote
deposition within the culverts. Preventing downstream migration of backfill behind the rock
cross vanes was a concern in the sand bed system. Gaps between boulders were filled with small
riprap and washed stone, and each structure incorporated geotextile filter fabric on its upstream
face. Seeding and planting was completed in March 2002.
Between the times the floodplain was excavated and temporary seed was established, small rills
formed in the floodplain. Runoff concentrated in the rills, which carried sediment into portions
of the channel, most commonly in pools at the outside of bends where root wads were installed.
Berms were constructed along the top of the slope above the floodplain to divert some runoff
from adjacent ground, but runoff from the floodplain itself was sufficient to cause continued rill
development. The problems were attributed mainly to loosely compacted backfill on top of root
wad trenches and a lack of erosion control matting on the floodplain behind the root wads. The
rill problem will be addressed during the final construction phase by building small floodplain
berms and adding erosion control matting behind each outside bend. Sediment that washed into
the channel will be removed.
Earthwork and structure construction was performed in the dry. Flow over the downstream two-
thirds of the reach was diverted to an excavated ditch. Flow through the upstream third of the
reach was maintained in the existing channel. The new channel alignment intersects the existing
channel in several locations at the outside of new meander bends over this upstream third of the
project. To prevent sediment from reaching the existing channel, a berm was left around the
perimeter of the new floodplain in this area. The lower end of this bermed area has a sediment
filter outlet to allow the floodplain to drain.
Final construction will resume once roadway grading is complete and traffic is re-routed to the
new alignment. The final phase of construction will involve making tie-ins from the new
channel to the existing channel once Poole Road is removed. Channel plugs with root wad
reinforcement will be constructed in areas where the new and existing channels meet, and the
remainder of the existing channel will be backf lled.
REGULATORY APPROVALS
Application is hereby made for a Department of the Army Individual 404 Permit as
required for the above-described activities. We are also hereby requesting a 401 Water Quality
Certification from the Division of Water Quality. In compliance with Section 143-215.3D(e) of
the NCAC we have enclosed a check for $475.00 to act as payment for processing the Section
401 permit application. We are providing seven copies of this application to the North Carolina
Department of Environment and Natural Resources, Division of Water Quality, for their review.
If you have any questions or need additional information please call Ms. Alice N. Gordon at
[phone] extension 288.
Sincerely,
4X4671?9?
V. Charles Bruton, Ph.D., Manager
PDEA, Office of Natural Environment
Cc:
Mr. David Franklin, USACE, Wilmington (Cover Letter Only)
Mr. John Dorney, NCDWQ (7 copies)
Mr. David Cox, NCWRC
Ms. Kathy Matthews, USEPA
Mr. Garland Pardue, Ph.D., USFWS
Mr. Ron Sechler, NMFS
Mr. Michael Street, NCDMF
Mr. Jay Bennett, P.E., Roadway Design
Mr. Omar Sultan, Programming and TIP
Ms. Debbie Barbour, P.E., Highway Design
Mr. David Chang, P.E., Hydraulics
Mr. Greg Perfetti, P.E., Structure Design
Mr. Mark Staley, Roadside Environmental
Mr. C. E. Lassiter, P.E., Division Engineer
Mr. Jay Johnson, DEO
NEUSE BUFFER ADDENDUM
The purpose of this addendum is to provide the NCDWQ with the information needed to
evaluate the impacts of the project on the Neuse Buffer areas. In addition, we are
presenting material in this addendum to illustrate that the project has been designed to
comply with the Riparian Buffer Mitigation Program (15A NCAC 2B.0242) and the Neuse
River Basin Riparian Buffer Rules (15A NCAC 2B.0233). Therefore, we request that the
DWQ issue an Authorization Certificate pursuant to 15A NCAC 2B.0233 for the proposed
use.
The North Carolina Department of Transportation proposes to widen NC I 1 to a four lane
divided highway from Rosewood Drive (SR 1194) to approximately 125 feet south of' Deep Run
Creek. The project is approximately 4.08 miles in length.
Neuse Buffer Impacts. Due to the nature of this project, impacts to the riparian buffer of
the Trent River, Tuckahoe Creek and an unnamed tributary of Tuckahoe Creek are unavoidable.
Calculations for mitigation are presented in Table A-1.
NCDOT's avoidance and minimization of impacts to streams and wetlands (which are
discussed above in MITIGATION OPTIONS) by default represent avoidance and minimization
of impacts to buffers. Drainage that is flowing in the general direction of the regulated buffers
was handled so that the 50-foot buffer zone would not be directly impacted. It was the goal of the
NCDOT to have the project designed so that the effects of the drainage would not result is water
quality impacts to the waters of the Neuse River basin as required by the Neuse Basin
regulations. The NCDOT hydraulics unit closely coordinated the design and location of the
structures that will accomplish this goal with the NCDWQ.
The results for R-2001A are presented in the Table A-1. Please be advised that the plan sheets
referenced in these sheets are the half-sized plan sheets, not the 8.5 x 11-inch permit drawings.
We provided for non-erosive velocities (2 fps or less) at the outlet of all systems. Data showing
these velocities are presented on the permit drawings. In addition since we were able to provide
non-erosive velocities before the buffer, no grassed swales were needed.
Table A-1 summarizes the buffer impacts and includes those sites that do not require mitigation
as well as those that do require mitigation. Wetland area within the buffer area was subtracted
from the buffer acreage total according to Zones. The resulting impacts were then multiplied by
the appropriate ratios. The on-site mitigation was then subtracted from the ratio total. Each site
is classified as a Road Crossing under the Neuse Buffer Rules. We analyzed each site to
determine if mitigation was required. While all three sites had less than 150 feet of impact, they
also had greater than 0.33 acres (14,375 sq. ft.) of buffer. Therefore, each site will require buffer
mitigation. Finally, the impacts for each zone were added together yielding 1.1 1 acre (48,347
square feet) of buffer impacts that require additional mitigation. In summary, the buffer
mitigation comes from two sources:
1. From the mitigation for the wetlands which are located within the buffers (i.c. an
applicant does not have to pay twice for mitigation of the same piece of land).
2. From additional mitigation, which in this case will be from the Crescent Road
Stream Mitigation Site.
We will provide buffer mitigation from the Crescent Road Mitigation Site which has 1.52 acres
available for use. We will use 1.11 acres of buffer mitigation from this site.
Table A-1. R-2001A Neuse River Buffer Impact Mitigation Calculation (Square Feet)
Buffer Site l 2 3 Totals
Station number 114+50 to
115+75 130+32 to
133+16 212+49 to
215+66
Stream Length impacted (ft) 109 140 101 350
Zone 1 Impact (sq. ft.) 11,483 10,101 20,288 41,872
Wetlands in Zone l 6081 8400 16,608 31,089
Zone 1 - Vietkwids
Bwµs
54020
1701
3680
10,783
Mitigable Impacts (using 3:1
ratio) 16,206 5103 11,040 32,349
On-site Mitigation 0 0 0 0
Remaining aeres'ts, 16,206 5103 11,040 32,349

Zone 2 Impact 6573 6847 7847 21,267
Wetlands in Zone 2 2681 2645 5276 10,602
Zone 2 - Wetlan&t- f Fz 3892 4202 2571 10,665
Mitigable Impacts (using
1.5:1 ratio) 5838 6303 3857 15,998
On-site Mitigation 0 0 0
Remaining ar.?es 5838 6303 3857 15,998

24
s -
v
u
?J
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-003
(33 CFR 325) Expires December 31, 2004
'ublic reporting burden for this collection of information is estimated to average 10 hours per response, although the majority of applications should
equire 5 hours or less. This Includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,
and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
nformation, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information
)perations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget,
'aperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no
,erson shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.
'lease DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
urisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
kuthority: Rivers and Harbors Act, Section 10, 33 USC 403: Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research and Sanctuaries
1ct, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine
Jses: This information may be shared with the Department of Justice and other federal, state, and local government agencies. Submission of
equested Information is voluntary, however, if information Is not provided the permit application cannot be evaluated nor can a permit be issued.
)ne set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
(ITEMS 1 THRU 4 TO BE ILLED BY THE CORPS)
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED
(ITEMS BELOW TO BE F LLED BY APPLICAN7)
5. APPLICANTS NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required)
North Carolina Department of Transportation
Project Development & Environmental Analysis
6. APPLICANTS ADDRESS 9. AGENTS ADDRESS
1548 Mail Service Center
Raleigh, NC 27699-1548
7. APPLICANTS PHONE NOS. W/AREA CODE 10. AGENTS PHONE NOS. W/AREA CODE
a. Residence a. Residence
b. Business 919-733-3141 b. Business
11. STATEMENT OF AUTHORIZATION
I hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon
request, supplemental information in support of this permit application.
APPLICANT'S SIGNATURE DATE
NAME, LOCATION, AND DESCRIPTION OR PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions a
R-2001A -Widening of NC 11 in Lenoir County, NC
13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable)
Trent River, Tuckahoe Creek and Tributaries to Tuckahoe Creek
15. LOCATION OF PROJECT
Lcnoir NC
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) Section, Township, Range, Lat/Lon, and/or Accessors's Parcel Number, for example.
NC 11 from Rosewood Drive (SR 1194) to approximately 125 feet South of Deep
Zun Creek. Lenoir
17. DIRECTIONS TO THE SITE
ENG FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE
(Proponent: CECW-OR)
18. Nature of Activity (Description of project, include all features)
The North Carolina Department of Transportation proposes to widen NC 11 to a four lane divided highway from
Rosewood Drive (SR 1194) to approximately 125 feet south of Deep Run Creek. The project is approximately 4.08
niles in length.See cover letter for details
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
Public transportation
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
Highway Fill
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
See attached application and summary sheet for details
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Impacts on jurisdictional areas of the proposed project consists of a total of 3.59 acres of permanent riverine wetland
impacts and 0.35 acres of non-riverine impacts. There will also be approximately 350 linear feet of jurisdictional
stream impacts.
23. Is Any Portion of the Work Already Complete? Yes _ No x IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list
See attached application
25. List of Other Certifications or Approvals/Denials Received from other Federal, State, or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
Would include but is not restricted to zoning, building, and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is
complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent
of the applicant.
dn. -0- zz-
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized
agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly
and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall
be fined not more than $10,000 or imprisoned not more than five years or both.
ENG FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE (Proponent: CECW-OR)
STATF
i
North Carolina Department of Cultural Reseurms
State Historic Preservation Office "-
i'
David L. S. Brook, Administrator
James B. Hunt Jr.. Governor Division of Archives-and Historv
Betty Ray McCain, Secretary ,SF7 Jeffrey J. CrDw, Director
September 26, 2000
MEMORANDUM
??r i,?ti,?r YJr
TO: William D. Gilmore. PE, Manager
NCDOT, Projee velopment & Environm ntal Analysis Branch
FROM: David Brook
Deputy State istoric Preservation Officer
RE: Archaeological Survey Report, NC 11. Pink Hill to Deep Run
Lenoir County. TIP No. R-2001 (A), CH90-E-4220-0447
Thank you for your letter of August 29. 2000. transmitting the archaeological survey report by
Marv Ann Holm of Coastal Carolina Research. Inc, concerning the above project.
For purposes of compliance with Section 106 of the National Historic Preservation Act. we
concur that the following sites are not eligible for the National Register of Historic Places under
criterion D:
31 LR240, 31 LR241 and 31 LR242
These three prehistoric isolated finds do not contain sufficient information to contribute to our
understanding of prehistory. In general, the report meets our guidelines and those of The
Secretar.v of the Interior. We concur with Dr. Holm's recommendation that no additional
archaeological investigation is warranted in connection with this project.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act
and the Advisory Council on Historic Preservation's Regulations for Compliance with Section
106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above
comment, contact Renee Gledhill-Earlev, Environmental Review Coordinator, at 919/733-4763.
cc: Thomas Padgett, NCDOT
Nlary Ann Holm, Coastal Carolina Research. Inc.
ALOE, Washington
ALOE, Wilmington
Location Mailing Address lelephoneil as
ADMINISTRATION 507 N. Blount St.. Ralcigh N(' 4017 Mail Senicc ( cnicr. I<:,Icich M -699-41,1- 19 Q) '"+-4-t,:
ARCHAEOLOGY 421 N. Blount St.. Raleigh N( 4619 Mail Scm c enter. Rak:i-h ?l '-(,99 .1(,l') (1)11)1 ', -7',4 -15-'t,71
REsTORATION 515 N. Blount St-. Ralcrgh N(' 4611 %hd tienicc t enter. RA,-,,,ti A'( 17011-1nl? (v10)
SURVEY S PLANNING 515 N Blount St., Kaluigh N( hl? \I.ol ',cr%wc l_enter. R,ti,,.-ii v( .'-r,'N 4(,l,ti
-;?.r,;1? -ts111
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INTEROFFICE MEMORANDUM
To: Cindy Sharer, PE
From: Sarah LeCount, Architectural Historian
Subject: R-2001A, NC 11, Lenoir County
Date: 7 September 2000
Attached is a copy of the partially signed concurrence form which states that the NCDOT and the
NC State Historic Preservation Office agree, for the above-mentioned project, that:
There are no properties less than fifty years old which are considered to
Meet Criterion Consideration G within this project's Area of Potential
Effects (APE).
There are properties over fifty years old within the project's APE, but based
on the historical information available and the photographs of each property,
properties identified as # 1 - 47 are considered not eligible for the National
Register and no further evaluation of them is necessary.
There are no National Register-listed properties within the project's APE.
When I receive the fully-signed form from the SHPO, I will forward a copy for your files. At
that time, since there are no historic properties effected by the proposed project, compliance with
Section 106 of the National Historic Preservation Act is complete.
Please notify us in writing if the scope of this project changes. A change in scope may
necessitate a new survey of the APE.

HISTORIC ARCHITECTURE SECTION
PROJECT DEVELOPMENT & ENVIRONMENTAL ANALYSIS BRANCH
IP .;' L?)tJ L Federal Aid # County
l `j':?'1?'CONCURRENCE FORM
. FOR
PROPERTIES NOT ELIGIBLE FOR TAE NATIONAL REGISTER OF HISTORIC PLACES
Brief Project Description t 1 ,
?,1.11r1Dy)/ rid W 11
On 2 Se. I . ,&1'L!, representatives of the

North Carolina Department of Transportation (NCDOT)
Federal Highway Administration (FHwA)
North Carolina State Historic Preservation Office (SHPO)
Other
reviewed the subject project a,
Y
A scoping meeting
Historic architectural resources photograph review session/consuitatio?,
Other
All parties present agreed
there are no properties over fifty years old within the project's area of potential effect.
-T there are no properties less than fifty years old which are considered to meet Criterion
Consideration G within the projects area of potential eftecr.
there are properties over fifty years old (list attached) within the project's area of potential effect,
but based on the historical information available and the photographs of each property, properties
identified as -N are
considered not eligible for the ? ational Register and no further evaluation of them is necessary'.
there are no National Register-listed properties within the project's area of potential effect.
there are no historic properties affected by this project
Signed:
Re resentative, NCDOT ate
FHwA, for the Division Administrator, or other Federal agency
:sentative, SHPO

State Historic Preservation Officer
Date
Date
Q/,
[f a survey report is prepared. a final copy of this form and the attached list will be included.
HYDRAULIC DESIGN AND PERMIT REVIEW MEETINGS
FOR R-2001A, LENOIR CO.
Prepared by Paul Atkinson
June 12, 2002
CONTENTS:
1. Minutes of the Interagency "4C" Meeting on 4/18/02
II. Minutes of the DWQ Buffer Meeting on 5/14/02
III. Agency Comments and Post-Meeting Activites
IV. Attachments: Stormwater Management Plan
1. MINUTES OF THE INTERAGENCY "4C" MEETING ON 4/18/02
Team Members: Jay Twisdale, NCDOT Hydraulics (PRESENT)
Mike Bell, USACE (ABSENT)
David Cox, NCWRC (PRESENT)
Alice Gordon, NCDOT PD&EA (PRESENT)
Howard Hall, USFWS (PRESENT)
John Hennessy, NCDWQ (PRESENT)
Participants: Paul Atkinson, NCDOT Hydraulics
Ed Eatmon, NCDOT Div. 2
David Henderson, NCDOT Hydraulics
Jay Twisdale began the meeting with a brief overview of the project. It was agreed that
this meeting would cover only the 404 and 401 permits, and that the buffer permit would
be discussed at a future meeting. John Hennessy stated that he would withhold his buffer
comments and concerns for the future meeting. Jay Twisdale went through the plans,
discussing each wetland/surface water site. It was noted that a number of changes had
been made to the plans to make them more "environmentally-friendly", and that those
changes were reflected in the revised permit drawings distributed at the meeting.
Specific comments are listed below by wetland permit site number (revised 4/18/02).
Sites 1-7: No comments.
Site 8, Channel bend: John Hennessy expressed concern about possible erosion at the
point that the proposed main inlet channel picks up from the existing (Sta. 213+05 -
LREV- Lt.). David Henderson noted that the intent of the current design was to
Page 1 of 6
minimize wetland impact, and also pointed out that during a storm event (such as l0yr.
storm) the dominant direction of flow would be perpendicular to the road with the
majority of flow in the floodplain, not in the stream channel. Agreement was reached to
smooth out the bend between the existing and proposed channels within the proposed
TDE.
Site 8, Mechanized clearing: Alice Gordon asked if some of the area shown as
mechanized clearing on the downstream side could be hand-cleared instead. Ed Eatmon
said that it could. Jay Twisdale clarified that the amount of easement shown was
originally for a stilling basin, but that the design was being changed to utilize a Dirtbag
instead to minimize impacts. The impacts currently shown on the permits reflect worst-
case impacts (clearing entire TDE), and actual impacts are anticipated to be less.
Site 9: No comments.
Site 10, Drained wetlands: David Cox asked that the portion of wetlands outside the
slope stake line (that are shown as being impacted due to draining by the proposed ditch)
be shown as drained instead of filled. Alice Gordon requested written justification on
why the proposed cross-pipe (and ditch) have to be lower than the existing cross-pipe and
ditch so that she could include it in her correspondence with the agencies.
Site 11, Proposed drainage design: John Hennessy indicated that he would want to
discuss this design later with the buffer permits. Some discussion was made of the
existing scour hole at the outlet of the existing drive pipe, which was the reason for
calling for replacement with a larger pipe in the proposed drainage design. No further
comments were made at this meeting.
Site 12: No comments.
II. MINUTES OF THE DWQ BUFFER MEETING ON 5/14/02
Participants: Jay Twisdale, NCDOT Hydraulics
Alice Gordon, NCDOT PD&EA
John Hennessy, NCDWQ
David Chang, NCDOT Hydraulics
Paul Atkinson, NCDOT Hydraulics
Jay Twisdale began the buffer meeting with a brief introduction of the project and
mentioned that revisions to the wetland and surface water permits that had been requested
during the 4/18/02 4C meeting had been completed and incorporated into the permit
drawings. It was agreed that this meeting would cover only the buffer permits since all
wetland/surface water issues had already been discussed at the 4/18/02 meeting.
Page 2 of 6
Site 1, Possible level spreader: John Hennessy requested that NCDOT investigate
placing a level spreader in the SE quadrant (approx. Sta. 114+50 -L2REV- Rt.). Jay
Twisdale commented that additional field surveys will need to be done to determine if a
level spreader is feasible.
ACTION TAKEN: Afield investigation and survey was made by NCDOT Hydraulics
Unit personnel on 5121102. The site was found to be unsuitable for a level spreader due
to a number of reasons: slope of natural ground between level spreader and top of bank
exceeds level spreader design limit of 6% for forested area; to avoid encroaching into
buffer zone, level spreader would have to be set on higher ground, 1.0' above ditch outlet
elevation, thus ponding water in roadside ditch and inhibiting the ditch from performing
its function of draining the roadway; due to topography, level spreader would have to
curl inward into adjacent property, becoming a hydraulic encroachment onto adjacent
property.
No change was made to the current design, which has a velocity entering the buffer zone
of 2 fps or less.
Site 2: No comments.
Site 3, Drive pipe velocity: John Hennessy requested that NCDOT take a look at
modifying the drainage design to ensure that non-erosive velocities are entering the
wetlands from the drive pipe at Sta. 216+75 -LREV- Rt.
ACTION TAKEN: Velocity was checked at point of entry into wetlands and found to be
less than 2 fps. No change was made to the current design.
Site 4, System outlet in buffer: It was agreed that changing the system as follows
would satisfy any buffer concerns:
1. Separate the one inlet (Sta. 283+10 -LREV- Rt.) from the system that picks
up untreated NCDOT water and release it to a ditch to get treatment.
2. Relocate the system outfall to the south side of the drive so that it ties to a
non jurisdictional swale instead of piping through the buffer.
ACTION TAKEN. Per field determination by John Hennessy on 615102, this site is non-
jurisdictional, and therefore buffer rules do not apply. Site 4 was deleted from buffer
permits.
III. AGENCY COMMENTS AND POST-MEETING ACTIVITIES
Draft meeting minutes for "4C" Meeting on 4/18/02 were sent out to the agencies for
review and comment on 4/19/02. No comments were received as of 6/12/02.
Page 3 of 6
No roadway design changes, such as adding service roads, etc. were made after the
4/18/02 meeting. Some hydraulic design changes were made in response to the
Interagency Meeting and are listed below with the responses to all items discussed in the
4/18/02 meeting.
Site 8, Channel bend: Revised as requested -- proposed channel was revised to smooth
out the bend in channel where the existing channel ties into the proposed.
Site 8, Mechanized clearing: Revised as requested -- mechanized clearing limits were
reevaluated and decreased, eliminating need for hand clearing.
Site 10, Drained wetlands: Revised as requested -- permit drawing was revised to show
a new symbol for drained wetlands instead of using the symbol for fill in wetlands.
Site 11, Proposed drainage design: Per field determination by John Hennessy on
6/5/02, no jurisdictional surface waters are present, although there are wetlands. Permit
drawing revised to reflect lack of jurisdictional surface waters. In addition to retaining the
existing stabilized scour hole, the proposed design incorporates the following measures to
reduce the velocity entering the wetlands: drive pipe size increased (reducing pipe outlet
velocity by half over existing condition), and proposed pipe outlet set 0.5' below normal
ponded water surface in scour hole.
IV. ATTACHMENTS
STORMWATER MANAGEMENT PLAN
ROAD WAYDESCRIPTION
The project involves the widening of NC 11 from SR 1110 to south of Deep Run Creek.
The overall length of the project is 3.9 mi., and the existing 2-lane, 2-way road is being
widened to a 4-lane divided roadway. The proposed typical section includes grassed
median, shoulders, and ditches. There are two major crossings on the project, both of
which are box culvert extensions.
ENVIRONMENTAL DESCRIPTION
The project is located in the Neuse River Basin. There are two stream crossings, both
classified as Class C Sw NSW: one at Tuckahoe Branch (Sheet 6, Sta. 115+11 -L-), the
other at Trent River (Sheet 14, Sta. 213+93 -LREV-). Neuse River Buffer impacts will
occur at both of these stream crossings, as well as at the outlet channel from roadside
ditch/wetlands (Sheet 8, Sta. 132+00 -LREV- Rt.), also classified as Class C Sw NSW.
There are also a number of wetland impacts associated with the project widening.
Page 4 of 6
BEST MANAGEMENT PRACTICES AND MAJOR STRUCTURES
Best Management Practices (BMPs) and measures used on the project to reduce
stormwater impacts are primarily grassed swales. Box culvert inverts are to be buried
one foot below the stream bed where feasible, depending on the relative elevations of the
stream bed and the existing box culvert being extended. Both box culvert extensions will
maintain the normal stream flow and channel characteristics.
Following is a summary of the BMPs used on the project. Only those discharging
adjacent to the buffer zones have been listed.
GRASSED SWALES
SITE 1
Sta. 108+00 to Sta. 114+00 -L2REV- Lt.
Sta. 110+50 to Sta. 114+00 -L2REV- Rt.
Sta. 118+25 to Sta. 120+00 -LREV- Lt.
SITE 2
Sta. 113+50 to Sta. 136+00 -LREV- Rt.
SITE 3
Sta. 175+50 to Sta. 211+25 -LREV- Lt.
Sta. 180+25 to Sta. 187+00 -LREV- Med.
Sta. 180+25 to Sta. 187+00 -LREV- Rt.
Sta. 187+00 to Sta. 192+20 -LREV- Med.
Sta. 187+00 to Sta. 192+20 -LREV- Rt.
Sta. 192+20 to Sta. 196+00 -LREV- Med.
Sta. 198+00 to Sta. 204+90 -LREV- Med.
Sta. 205+00 to Sta. 214+00 -LREV- Med.
Sta. 192+50 to Sta. 211+25 -LREV- Rt.
Sta. 216+50 -LREV- Lt. to -Y24- (6400' total, incl. offsite)
STREAM RELOCATIONS
SITE 3
Sta. 213+00 to Sta. 214+55 -LREV- Lt.
Stream enhancement techniques will be used in lieu of natural stream design due to the
minor length involved.
CULVERTS
SITE 1
Sta. 115+10 -L2REV- (Tuckahoe Branch)
The existing 9' x 7' reinforced concrete box culvert will be extended on both ends and
buried approx. one foot below the stream bed. The outlet extension will be a 9' x 8' to
allow the culvert outlet to be buried one foot. No stream rechannelization will be
required.
Page 5 of 6
SITE 3
Sta. 213+93 -LREV- (Trent River)
The existing double-barrel 7' x 7' reinforced concrete box culvert will be extended on
both ends and buried approx. one foot below the stream bed on the inlet end. Although
the outlet end will not be buried (due to a drop in bed elevation at the outlet), it will be
greater than one foot lower than the stream bed elevation occurring approx. 50'
downstream of the outlet, which provides natural grade control.
Page 6 of 6
?
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`-BEGIN PROJECT
VICINITY MAP
N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
LENOIR COUNTY
PROJECT: 6.20101,1 (R-2001A)
NC 11 FROM SR 1194 TO APPROX.
125' SOUTH OF DEEP RUN CREEK
SHEIET OF ? REV. 6-lo-o-
NORTH CAROLINA
MATCH LINE -A-
``.. Cem ?1 ? I 1- ? :•Cem
/ -• 1165 t
C ` SITE 6 I °o
??° SITE ?? : "`-? ) a ?'
.9.: SITES ? '1, '
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SITE 3 uls
. SITE 2 e ' Ko . \ j.
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J'' -_" N. C. DEPT.OF TRA\SPORTATION
DI?'ISIO\r OF HIGH'.' Z'S
UNOIR COUNTY
PROJECT:6.201014 (R-2001A)
NC I1 FROM SR 1194 7.0 kppp
S!TE x AP
123, SOUTH OF DFFP RUN CRFFK
J i i L Y, 2001 I
- -- -- -- - ---- - -? S I i F 1' T ?-_ v F., 27 IGLU. (s l 'Z
? ',, • o ?? I? ? '; ' Deep
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SITE
16.0
SITE S
10
Trent
SITE 7 - ?...? -4?.?"
MATCH LINE -A-
N. C. DEh"I'.OF TP?ANSPDI?T,?1'IO
DIVISION OF HIGHWAY,';
LENOIK COUNTY
S!TE MAP PROJECT:G.20toI-I «v-2001.-1)
NC It FItO?t SR 119,( TO
12S' SOUTH Gi DEEP RAN CREEK
JULY, 2001
27, REU. G /IOk
LEGEND
--WLB WETLAND BOUNDARY
r_-r
PROPOSED BRIDGE
Cv
W L WETLAND
DENOTES FILL IN
WETLAND
DENOTES FILL
SURFACE WATER
R
DENOTES FILL IN
SURFACE WATER
(POND)
DENOTES TEMPORARY
FILL IN WETLAND
DENOTES EXCAVATION
IN WETLAND
DENOTES TEMPORARY
FILL IN SURFACE
WATER
DENOTES MECHANIZED
CLEARING
FLOW DIRECTION
TB
TB - TOP OF BANK
WE- - EDGE OF WATER
- --C- - PROP. LIMIT OF CUT
- -F - PROP. LIMIT OF FILL
- M PROP. RIGHT OF WAY
- - NG - - NATURAL GROUND
- --PL - PROPERTY LINE
-- TDE -- TEMP. DRAINAGE
EASEMENT
- PDE - PERMANENT DRAINAGE
EASEMENT
- EAB- EXIST. ENDANGERED
ANIMAL BOUNDARY
-- EPB- EXIST. ENDANGERED
PLANT BOUNDARY
- - - W-?TEP
x x x
x xx x x LIVE STAKES
C? i BOULDER
--- CORE FIBER ROLLS
PROPOSED BOX CULVERT
PROPOSED PIPE CULVERT
12"-48"
(DASHED LINES DENOTE PIPES
EXISTNG STRUCTURES) 54" PIPES
& ABOVE
SINGLE TREE
¦
DRAINAGE INLET
ADJACENT PROPERTY OWNER
OR PARCEL NUMBER
IF AVAILABLE
BZ1 BUFFER ZONE I
BUFFER ZONE 2
N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
LENOIR COLTNTY
PROJECT:6.201014 (R-2001A)
NC 11 FROM SR 1194 TO APPROX.
125' SOZTTIH OF DEEP RLiN CREEK
I
W I
W
cc
N oc
N
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-----_? _- - _ -- --------
- - - - - EXISTING R/W
REMOVE
24" C 0 N C
- - - - - - - - - - - - - - - - - -
-L2REV- 0°
2G1 FS
-LIREV- m
EXISTwlb
- - - - - - - - - - - - - - - - -
3011
RIP RAP
F - - - STD. NO. 876.02` - - -',-
F
WOODS
SITE 1 PLAN VIEW
DENOTES FILL IN WETLANDS
/
Z I 7A///
SCALE 1" = 50'
N. C. DEPT. OF TRANSPOIRTATION
DIVISION OF HIGHWAYS
LENOIR COUNTS
PROJECT: 6.201014 (R-2001.0
NC: 11 FROM SR 1194 TO APPROX.
125' SOUTH OF I)EEP RIJN CREEK
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PROPERTY OWNERS
SITE NO. PROPERTY NAME & ADDRESS
OWNER NO.
I O PHIL C. HOWARD
1105 JONESTOWN RD.
PINK HILL, NC 28572
O JAMES E. WATSON
RT. I BOX 146
PINK HILL. NC 2R[,7?
O JAMES E.WATSON
2 RT. I BOX 146
PINK HILL, NC 28572
O WINSTON STROUD
5582 HWY. II SOUTH
PINK HILL, NC 28572
O WINSTON STROUD
5 5582 HWY. II SOUTH
3,4.5 PINK HILL, NC 28572
O BEULAH T. QUINN
RT. I BOX 64
6 PINK HILL, NC 28572
LINDA RHODES
7O P.O. BOX 617
7 KENANSVILLE, NC 28349
g LINWOOD E. STROUD
O
8 RT. I BOX 60
PINK HILL, NC 28572
THURMAN STROUD, HEIRS
O C/O RICHARD STROUD
RT. I BOX 66
PINK HILL, NC 28572
10 MARTIN W. HARPER
2135 JOHN GREEN SMITH RD.
DEEP RUN, NC 28525
N. C. DEPT.OF TRANSPORTATION
DIVISION OF HIGHWAYS
LENOIR COUNTY
PROJECT: 6.201014 (R-2001A)
NC 11 FROM SR 1194 TO APPROX.
125' SOUTH OF DEEP RUN CREED
-- -- SHEET _24 OF 27 REV. 6--10-0?
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PROPERTY OWNERS
PROPERTY
SITE NO. OWNER NO. NAME & ADDRESS
9 ? --- N C D O T -----
10
O THURMAN STROUD, HEIRS
C/O RICHARD STROUD
RT. I BOX 66
PINK HILL, NC 28572
II
II GILBERT V. PITTMAN
RT. I BOX 446
DEEP RUN, NC 28525
MORRIS BARWICK
12 12 2023 GRAY BRANCH CHURCH RD.
DEEP RUN, NC 28525
BURL P. ROBINSON
13 RT. 1 BOX 465
DEEP RUN, NC 28525
N. C. I)EPT. OF TRANSPORTATION
11IVISION OF HIGHWA`YS
LENOIR COUNTY
PROJECT: 0.201014 (R-2001A)
N(' 11 FROlM SR 1194 TO APPROX.
125' SOUTH OF DI?I;P RUN CRE'ElK
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N. C. DEPT. OF TRANSPORTATION
DIVISION O HIGHWAYS
LENOIR COUNTY
PROJECT: 0.201014 (R-2001A)
NC 11 FROM SR 1194 TO APPROX.
125' SOUTH OF DEEP RUN CREEK
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125' SOUTH OF DEEP RUN CREEK
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DIVISION OF HIGHWAYS
LENOIR COUNTY
PROJECT: 6.201014 (R-2001A)
NC 11 FROM SR 1194 TO APPROX.
125' SOUTH OF DEEP RUN CIZEEK
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N. C. DEPT.OF TRANSPORTATION
DIVISION OF HIGHWAYS
LENOIR COUNTY

PROJECT: 6.201014 (R-2001A)
NC 11 FROr1 SR 1194 TO APPROX.
125' SOUTH OF DEEP RUN CREEK
JULY, 2001
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PROPERTY OWNERS
PROPERTY
SITE NO. OWNER NO. NAME & ADDRESS
RALPH STROUD
O
i RT. I BOX 70
PINK HILL, NC 28572

2 16 WINSTON STROUD
RT. I BOX 70-B
PINK HILL, NC 28572
LINWOOD E. STROUD
3
2 RT. I BOX 60
`
\? PINK HILL, NC 28572
THURMAN STROUD, HEIRS
O C/O RICHARD STROUD
RT. I BOX 66
PINK HILL, NC 28572
MARTIN W. HARPER
2135 JOHN GREEN SMITH RD.
DEEP RUN, NC 28525
N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
LENOIR COUNTY
PROJECT: 6.201014 (R-2001A)
NC 11 FROM SR 1194 TO APPROX.
125, SOUTH OF DEED RUN CREEK
JULY, 2001
SHEET 8 OF 9 REV. G-10-02
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MITIGATION BANKING INSTRUMENT
AGREEMENT TO ESTABLISH THE
BEAR CREEK- MILL BRANCH MITIGATION BANK
LENOIR AND CRAVEN COUNTIES, NORTH CAROLINA
Prepared for:
Restoration Systems, LLC
1101 Haynes Street, Suite 203
Raleigh, NC 27604
Natim[ Resatrc;es
Reston ation &Ck)nscrvationi
Prepared by:
EcoScience Corporation
1101 Haynes Street, Suite 101
Raleigh, North Carolina 27604
May 2002

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Bear Creek and the Neuse River
Core Restoration Area
"Croom" Reference and Preservation Area

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Greens Thoroughfare Island looking west
Greens Thoroughfare from southeast bank of the Neuse River
Greens Thoroughfare from above

AGREEMENT TO ESTABLISH THE BEAR CREEK-MILL BRANCH MITIGATION
BANK IN LENOIR AND CRAVEN COUNTIES, NORTH CAROLINA
This Mitigation Banking Instrument (MBI) is made and entered into on the day of
, 2002, by Restoration Systems, LLC (the Sponsor), and the U.S. Army Corps of
Engineers (Corps), and each of the following agencies, upon its execution of this MBI: the U.S.
Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS), the National
' Marine Fisheries Service (NMFS), the North Carolina Wildlife Resources Commission (NCWRC),
and the North Carolina Division of Water Quality (NCDWQ). The Corps, together with the State
and Federal agencies that execute this MBI, are hereinafter collectively referred to as the Mitigation
Bank Review Team (MBRT).
WHEREAS the purpose of this agreement is to establish a mitigation bank (Bank) providing
compensatory mitigation for unavoidable wetland impacts separately authorized by Section 404
Clean Water Act permits in appropriate circumstances; and
WHEREAS the Sponsor is the record owner of, or has entered into contracts to purchase,
certain parcels of land containing approximately 448 acres located in Lenoir and Craven Counties,
North Carolina, described in the Bear Creek-Mill Branch Wetlands Mitigation Plan, dated September
1999 (Mitigation Plan; referenced in this MBI as Appendix A - Title Page only), as shown on the
attached survey, and as supplemented by Regional Wetland Preservation Areas described in
Appendix B of this MBI (collectively, the Bank Property).
WHEREAS the agencies comprising the Mitigation Bank Review Team agree that the Bank
Property is a suitable mitigation bank site, that implementation of the Mitigation Plan is likely to
1 result in net gains in wetland functions at the Bank Property, and have therefore approved the
Mitigation Plan;
THEREFORE, it is mutually agreed among the parties to this MBI that the following
provisions are adopted and will be implemented upon signature of this MBI.
1
General Provisions
1. The goal of the Bank is to restore, enhance, and preserve nontidal, riverine forested, shrub-
scrub, and emergent wetland systems and their functions and values to compensate in appropriate
circumstances for unavoidable riverine wetland impacts authorized by Section 404 of the Clean
Water Act in circumstances deemed appropriate by the Corps after consultation, through the permit
review process, with members of the MBRT.
2. Use of credits from the Bank to offset wetland impacts authorized by Clean Water Act
permits must be in compliance with the Clean Water Act and implementing regulations, including
but not limited to the 404(b)(1) Guidelines, the National Environmental Policy Act, and all other
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applicable Federal and State legislation, rules and regulations. This agreement has been drafted
following the guidelines set forth in the proposed "Federal Guidance for the Establishment, Use and
the Operation of Mitigation Banks," 60 Fed. Rev. 58605, November 28, 1995 (Guidance).
3. The MBRT shall be chaired by the representative of the Corps, Wilmington District. The
MBRT shall review monitoring and accounting reports as described below. In addition, the MBRT
will review proposals for remedial actions proposed by the Sponsor, or any of the agencies
represented on the MBRT. The MBRT's role and responsibilities are more fully set forth in Sections
II.C.3 and 6 of the Guidance. The MBRT will work to reach consensus on its actions.
4. The Corps, after consultation with the appropriate Federal and State review agencies through
the permit review process, shall make final decisions concerning the amount and type of
compensatory mitigation to be required for unavoidable, permitted wetland impacts, and whether
or not the use of credits from the Bank is appropriate to offset those impacts. In the case of permit
applications and compensatory mitigation required solely under the Section 401 Water Quality
Certification rules of North Carolina, NCDWQ will determine the amount of credits that can be
withdrawn from the Bank.
5. The parties to this MBI understand that, where practicable, on-site, in-kind compensatory
mitigation is preferred, unless use of the Bank is determined by the Corps to be environmentally
preferable.
I Mitigation Plan
6. The Bank is comprised of 448 acres of riverine floodplains located along Bear Creek (fourth
order stream) and the Neuse River (fifth order stream) in Lenoir and Craven Counties, North
Carolina. The Bank includes a 145-acre Core Wetland Restoration Area situated on the farmed
floodplains of Bear Creek and Mill Branch. The Bank also includes preservation of 303 acres of
Regional Wetland Preservation Areas within the wetland and wildlife corridor designed to augment
regional functions associated with the Core Wetland Restoration Area. The selected Regional
Wetland Preservation Areas are depicted and described in Appendix B and C. A more detailed
description of the baseline conditions of the Bank is contained in the Mitigation Plan. In the event
that statements in the Mitigation Plan are not consistent with this MBI, this MBI shall take
precedence over the Mitigation Plan.
7. The Sponsor will perform the work described in the Mitigation Plan, in compliance with
Nationwide Permit #27 authorization, Action ID 199910581, issued on January 11, 2001 (the
Permit). Protection of the Regional Wetland Preservation Areas is also proposed. The purpose of
the work, and the objective of the Bank, is to restore 88 acres of former wetlands to riverine forested
wetlands, to enhance 34 acres of existing riverine forested wetlands, to preserve 303 acres of riverine
' forested wetlands, and to restore 23 acres Of upland buffers located immediately adjacent to restored
wetlands.

8. The Sponsor shall monitor the Bank Property as described in Section 6.0 (pages 75-80) of
the Mitigation Plan, for a minimum of 5 years or until success criteria are met, whichever is longer.
9. The Sponsor is responsible for assuring the success of the restoration enhancement and
preservation activities at the Bank Property, and for the overall operation and management of the
Bank.
10. The Sponsor shall provide to each member of the MBRT the reports described on page 80
of the Mitigation Plan.
11. The Corps shall review said reports, and may, at any time, after consultation with the Sponsor
and the MBRT, direct the Sponsor to take remedial action at the Bank Property. Remedial action
required by the Corps shall be designed to achieve the success criteria specified above. All remedial
actions required under this paragraph shall include a work schedule and monitoring criteria that will
take into account physical and climactic conditions.
12. The Sponsor shall implement any remedial measures required pursuant to the above.
13. In the event the Sponsor determines that remedial action may be necessary to achieve the
required success criteria, it shall provide notice of such proposed remedial action to all members of
the MBRT. No remedial actions shall be taken without the concurrence of the Corps, in consultation
with the MBRT.
14. The members of the MBRT will be allowed reasonable access to the Bank Property for the
purposes of inspection of the Bank Property and compliance monitoring of the Mitigation Plan.
Use of Mitigation Credits
15. The Geographical Service Area (GSA) is the designated area wherein a bank can reasonably
be expected to provide appropriate compensation for impacts to wetland or other aquatic resources.
The GSA for this Bank shall include the Neuse River Basin Hydrologic Unit 03020202 in North
Carolina (Appendix D). Use of the Bank to compensate for impacts beyond the geographic service
area may be considered by the Corps or the permitting agency on a case-by-case basis.
16. The Mitigation Plan is intended to result in the forms, amounts and types, in acres, of
compensatory mitigation depicted in Table 1.
17. Successful implementation of the Mitigation Plan will result in the establishment of the
number of mitigation credits categorized by form and type as depicted in Table 1. It is anticipated
by the parties to this agreement that use of mitigation credits shall be "in-kind;" that is, riverine
wetland credits will be used to offset riverine wetland impacts.
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18. It is anticipated by the parties that in most cases in which the Corps, after consultation with
the MBRT, has determined that mitigation credits from the Bank may be used to offset wetland
impacts authorized by Section 404 permits, for every one acre of impacts, two credits will be debited
from the Bank. One of those credits must be a restoration credit; the remaining credit will be made
up of any combination of restoration, enhancement, or preservation credits, as selected by the
Sponsor and approved by the Corps during its permit process. Deviations from this compensation
ratio may be authorized by the Corps on a case-by-case basis where justified by considerations of
Functions of the wetlands impacted, the severity of the wetland impacts, whether the compensatory
mitigation is in-kind, and the physical proximity of the wetland impacts to the Bank Property, except
that in all cases, a minimum of a one-to-one ratio of impact acres to restoration mitigation credits
(acres) must be met.
19. Notwithstanding the above, all decisions concerning the appropriateness of using credits from
the Bank to offset impacts to waters and wetlands, as well as all decisions concerning the amount
and type of such credits to be used to offset wetland and water impacts authorized by Department
of the Army permits, shall be made by the Corps, pursuant to Section 404 of the Clean Water Act
and implementing regulations and guidance, after notice of any proposed use of the Bank to the
members of the MBRT, and consultation with the members of the MBRT concerning such use.
Notice to and consultation with the members of the MBRT shall be through the permit review
I process.

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20. Fifteen percent (15%) of the Bank's total 165.6 credits shall be available for sale immediately
upon completion of all the following:
f?xecution of this MBI by the Sponsor. the Corps, and other agencies eligible for
membership in the MBRT who choose to execute this agreement which shall
constitute approval ofthe Mitigation Plan, as modified by this MBI;
b. Delivery of the financial assurances described in paragraph 24 ofthis MBI;
C. Recordation of the preservation mechanism described in paragraph 23 of this MBI,
as well as a title opinion covering the property acceptable to the Corps.
Additionally, the Sponsor must complete the initial physical and biological improvements to the
Bank Property pursuant to the Mitigation Plan no later than the first full growing season following
initial debiting of the Bank.
21. Subject to the Sponsor's continued satisfactory completion of all required success criteria and
monitoring, additional restoration mitigation credits will be available for sale by the Sponsor on the
following schedule:
- 10% after first year, if interim success measures are met (total 25%),
1 - 10% after second year; if interim success measures are met (total 35%);
- 10% after third year, if interim success measures are met (total 45`%o);

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15% after fourth year; if interim success measure are met (total 60%);
15% after fifth year; if Success Criteria are met (total 75%); and
25% after fifth year, if the Bank meets the overall objectives and Success Criteria set
forth in mitigation plan (total 100%).
The above schedule applies only to the extent the Sponsor is able to document acceptable survival
and growth of planted vegetation, and attainment of acceptable wetland/stream hydrology is achieved
as described under the success criteria in the monitoring section of the Mitigation Plan. The final
25% of credits will be available for sale only upon a determination by the MBRT of functional
success as defined in the Mitigation Plan.
22. The Sponsor shall develop accounting procedures acceptable to the MBRT for maintaining
accurate records of debits made from the Bank. Such procedures shall include the generation of a
report by the Sponsor showing credits used at the time they are debited from the Bank, which the
Sponsor shall provide within 30 days of the debit to each member of the MBRT. In addition, the
Sponsor shall prepare an annual report, on each anniversary of the date of execution of this
agreement, showing all credits used, and the balance of credits remaining, to each member of the
MBRT, until such time as all of the credits have been utilized, or this agreement is otherwise
terminated. All reports shall identify credits debited and remaining by type of credit (e.g. riverine
wetland), and shall include for each reported debit the Corps Action ID number for the permit for
which the credits were utilized.
Property Disposition
23. Upon signing of the MBI, the Sponsor will grant Conservation Easements for all Bank
Property (including Regional Wetland Preservation Areas) to the North Carolina Coastal Land Trust
(NCCLT), in a form acceptable to the MBRT (Appendix G), sufficient to protect the Bank Property
in perpetuity, or shall fund the acquisition of such an easement or fee simple ownership of Bank
Property by NCCLT. The Conservation Easements shall be perpetual, preserve all natural areas, and
prohibit all use of the Bank Property inconsistent with its use as a mitigation property, including any
activity that would materially alter the biological integrity or functional and educational value of
wetlands within the Bank Property, consistent with the Mitigation Plan. However, it is recognized
that limited silvicultural activity may be conducted on Bank Property to maintain the continued
health and integrity of the Bank Property, with review and approval of the MBRT. Efforts will be
undertaken to maintain densities of non-pines greater than 10 inches in diameter at or greater than
60 square feet basal area per acre in order to provide adequate foraging potential for mast-consuming
wildlife.
The Sponsor shall deliver a title opinion acceptable to the Corps covering the Bank Property. The
property shall be free and clear of any encumbrances that would conflict with its use as mitigation,
including, but not limited to, any liens that have priority over the recorded preservation mechanism.
6

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Financial Assurances
24. The Sponsor shall provide financial assurances in a form acceptable to the MBRT sufficient
to assure completion of all remaining mitigation work, required reporting and monitoring, and any
remedial work required pursuant to this MBI. The Sponsor shall establish the following assurances:
a) The Sponsor has provided a construction performance bond in the amount of
$2,258,050.00 to the N.C. Department of Transportation (NCDOT). The
construction performance bond for the Bank is included in Appendix H. To the
extent necessary, the Sponsor shall extend or renew the construction performance
bond in an amount sufficient to insure that any uncompleted construction activities
called for in the Mitigation Plan will be performed and NCDOT shall, during the
term of its contract with the Sponsor, require the Sponsor to effect any necessary
extension or renewal. NCDOT has entered into a contractual agreement to purchase
wetland credits generated by the Bank. Therefore, NCDOT represents the State
agency that holds the construction performance bond. The construction bond will be
held by NCDOT until as-built plans are submitted and approved by the MBRT and
NCDOT. Following NCDOT and MBRT approval of the as-built plans, the
construction bond shall be returned to the Sponsor.
b) The Sponsor has provided a monitoring, maintenance, and remediation bond to
NCDOT in the amount of $536,000.00. The monitoring, maintenance, and
remediation bond is included in Appendix H. The bond ensures that the Bank will
be monitored, maintained, and, if necessary, remediated by the Sponsor as stated in
the Mitigation Plan for 5 years or until success criteria are achieved. The Sponsor
shall renew or extend such bond in an amount sufficient to ensure that all monitoring,
maintenance, and remediation activities required by the Mitigation Plan are
performed, and NCDOT shall, during the term of its contract with the Sponsor,
require the Sponsor to effect any necessary extension or renewal.
In the event that the Sponsor defaults on its obligations to perform construction activities called for
in the Mitigation Plan, NCDOT agrees to exercise its rights under the construction performance bond
to ensure, to the maximum extent possible consistent with the terms of the construction performance
bond, that the construction activities called for by the Mitigation Plan are completed.
In the event that the Sponsor defaults on its obligations to perform monitoring, maintenance, and
remediation activities called for in the Mitigation Plan, NCDOT agrees to exercise its rights under
the monitoring, maintenance, and remediation bond to ensure, to the maximum extent possible
consistent with the terms of the monitoring, maintenance, and remediation bond, that the monitoring,
maintenance and remediation activities called for by the Mitigation Plan are completed.
7

Long-Term Management
25. The Sponsor will provide a trust fund of $35,000.00 to NCCLT for long-term maintenance,
management, and remedial actions within the Bank, after the minimum, five-year monitoring period.
Miscellaneous
26. Any agency participant may terminate its participation in the MBRT with notice in writing
to all other parties to this agreement. Termination shall be effective seven (7) days from placing said
notices in the United States mail. Member withdrawal shall not affect any prior sale of credits and
all remaining parties shall continue to implement and enforce the terms of this MBI. Except for
termination as described above, this agreement may be modified only with the written agreement of'
all remaining parties to this agreement at the time of the modification.
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27. Any delay or failure of the Sponsor shall not constitute a default hereunder if and to the
extent that such delay or failure is primarily caused by any act, event or conditions beyond the
Sponsor's reasonable control and significantly adversely affects its ability to perform its obligations
hereunder including: (i) acts of God, lightning, earthquake, fire, landslide, drought, hurricane, storm,
flood, or interference by third parties; (ii) condemnation or other taking by any governmental body;
(iii) change in applicable law, regulation, rule, ordinance or permit condition, or the interpretation
or enforcement thereof; (iv) any order, judgment, action or determination of any federal, state or
local court, administrative agency or government body; or (v) the suspension or interruption of any
permit, license, consent, authorization or approval. If the performance of the Sponsor is affected by
any such event, the Sponsor shall give written notice thereof to the MBRT as soon as it is reasonable
and practicable. If such event occurs before the final availability of all credits for sale, the Sponsor
shall take remedial action to restore the property to its condition prior to such event, in a manner
sufficient to provide adequate mitigation to cover credits that were sold prior to such delay or failure
to compensate for impacts to waters, including wetlands, authorized by Department of the Army
permits. Such remedial action shall be taken by the Sponsor only to the extent necessary and
appropriate, as determined by the MBRT.
28. No third party shall be deemed a beneficiary hereof and no one except the signatories hereof,
their successors and assigns, shall be entitled to seek enforcement hereof.
29. This MBI constitutes the entire agreement between the parties concerning the subject matter
hereof and supersedes all prior agreements or undertakings.
30. In the event any one or more of the provisions contained in this MBI are held to be invalid,
illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect
any other provisions hereof, and this MBI shall be construed as if such invalid, illegal or
unenforceable provision had not been contained herein.
31. This MBI shall be governed by and construed in accordance with the laws of North Carolina
and the United States as appropriate.
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32. This MBI may be executed by the parties in any combination, in one or more counterparts,
all of which together shall constitute but one and the same instrument.
33. The terms and conditions of this MBI shall be binding upon, and inure to the benefit of the
parties hereto and their respective successors.
34. All notices and required reports shall be sent by regular mail to each of the parties at their
respective addresses, provided below:
Sponsor:
Mr. George Howard, President
Restoration Systems
1101 Haynes Street, Suite 203
Raleigh, North Carolina 27604
[phone]
Corps:
Mr. David Lekson
U. S. Army Corps of Engineers
Post Office Box 1890
Washington, NC 27889-1000
[phone]
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EPA:
Ms. Kathy Matthews
Environmental Protection Agency
980 College Station Road
Athens, GA 30605
[phone]
FWS:
Mr. Howard Hall
U. S. Fish and Wildlife Service
Fish and Wildlife Enhancement
P.O. Box 33726
Raleigh, NC 27636
[phone]
NMFS
Mr. Ron Sechler
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
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NCWRC:
Mr. Bennett Wynne
North Carolina Wildlife Resources Commission
901 Laroque Ave.
Kinston, NC 28501
[phone]
NCDWQ:
Mr. John Dorney
North Carolina Division of Water Quality
1621 Mail Service Center
Raleigh, NC 27699-1621
[phone]
NCDOT:
Mr. David H. Schiller
N.C. Department of Transportation -- PD&EA
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
[phone]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement to Establish The Bear Creek-Mill Branch Mitigation Bank in Lenoir and Craven
Counties, North Carolina":
Restoration Systems, LLC:
By:
U. S. Army Corps of Engineers:
Date:
By:
U. S. Environmental Protection Agency:
By:
U. S. Fish and Wildlife Service:
By:
National Marine Fisheries Service:
By:
N. C. Division of Water Quality:
By:
N. C. Wildlife Resources Commission:
By:
With respect to paragraphs 24 and 28-34 only,
N.C. Department of Transportation:
By:
Date:
Date:
Date:
Date:
Date:
Date:
Date:
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement to Establish The Bear Creek-Mill Branch Mitigation Bank in Lenoir and Craven
Counties, North Carolina":
Restoration Systems, LLC:
By:
Date:
U. S. Army Corps of Engineers:
By:
Date:
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List of Appendices
Appendix A: Bear Creek-Mill Branch Final Mitigation Plan
Appendix B: Wetland Preservation Areas
Appendix C: Property Survey and Legal Descriptions
Appendix D: Map - Geographic Service Area
Appendix E: Construction Costs
Appendix F: Maintenance and Monitoring Costs
Appendix G: Form of Preservation Mechanism
Appendix H: Form of Financial Assurance
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Appendix A
Bear Creek-Mill Branch Final Mitigation Plan

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DETAILED MITIGATION PLAN
WETLANDS, NEUSE RIVER RIPARIAN BUFFERS,
AND NEUSE RIVER NITROGEN REDUCTION
BEAR CREEK - MILL BRANCH MITIGATION SITE
LENOIR COUNTY, NORTH CAROLINA
ATTACHED BY REFERENCE AS A SEPARATE DOCUMENT TO THIS
MITIGATION BANKING INSTRUMENT
Prepared for:
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Restoration Systems
114 White Lake Court
Morrisville, NC 27560
[phone]
Prepared by:
?.?rt:J.
EcoScience
EcoScience Corporation
612 Wade Avenue, Suite 200
Raleigh, North Carolina 27605
September 1999
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Appendix B
Wetland Preservation Areas

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BEAR CREEK-MILL BRANCH MITIGATION BANK
Wetland Preservation Areas
1.0 INTRODUCTION
The Wetland Preservation Areas for the Bear Creek-Mill Branch Mitigation Bank have been selected
based upon a regional study of wetland tracts situated within the regional wildlife corridor extending
along Bear Creek and the Neuse River within the Inner Coastal Plain Physiographic Region of the
Neuse River Basin. The study corridor extended from an area immediately above the Core Wetland
Restoration Area along Bear Creek to the confluence with the Neuse River (33 parcels,
approximately 800 acres of land area). The Neuse River section of the regional corridor extends
from the Neuse River below I-95 near Smithfield downstream to the Town of New Bern (300+
parcels, 3000+ acres of land area). The objective of this study was to identify tracts of land totaling
approximately 300 acres that augment functions associated with the Core Wetland Restoration Area.
Wetland preservation tracts were selected based upon the step-down ranking system depicted in
Table 1. In general, relatively undisturbed (steady-state) riverine forested wetlands located in
proximity to the Core Wetland Restoration Area ranked highest (score 50-70) with significant
regional wetland bioreserves and adjacent tracts receiving progressively lower scores (score 30-60).
However, the selection of wetland preservation areas was targeted to include relatively undisturbed
M ecosystems that are similar to the ecosystems that wetland restoration activities are attempting to
emulate. Because a carbon copy method for wetland restoration has been applied within the Core
Wetland Restoration Area, these reference wetlands are considered critical to monitoring and
evaluation ol_ success criteria for this project.
The ranking for landowner willingness to sell was initially established based primarily by phone
and/or letter contact. Subsequently, the rating was lowered dependent upon further negotiations
concerning relatively high ranking tracts. "These tracts were dropped from the study if the landowner
elected not to participate in the wetland preservation project.
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TABLE 1
Wetland Preservation Area Ranking Procedure
Bear Creek-Mill Branch Mitigation Bank
Rating Variable Description Rating
Threats From Imminent threats to a tract based on pending logging contracts, 1-10
Disturbance extensive logging in surrounding areas, or encroachment from
development.
Unique (Pristine) Tracts composed of old-growth riverine wetland forests or identified 1-10
Wetland by the N.C. Natural Heritage Program as high priority for acquisition
Communities within the regional corridor.
Regional Tracts that are being targeted by conservation organizations for 1-10
Significance establishment of bioreserves, education programs, or other regionally
significant projects.
Proximity to the Tracts that are contiguous to, or in close proximity to the Core 1-10
Core Wetland Wetland Restoration Area (10= contig;t'Aus,-1 for each mile between
Restoration Area the tract and the Core Restoration Area).
Similarity to the Tracts that support relatively undisturbed communities that are similar 1-10
Core Wetland to the wetland landscape ecosystems that restoration activities are
Restoration Area attempting to emulate. Because the mitigation plan uses a carbon
copy method for wetland restoration, reference wetlands must be
protected to provide a base-line for monitoring success of the project.
Size of Tract Parcels or sets of parcels with willing landowners were required to 1-10
consist of more than 30 contiguous acres (rating = 1). Rating
increase by 1 point for each additional 10 acres of contiguous land
area. Potentially available tracts of less than 30 contiguous acres
were discarded from the study.
Landowner A willingness to sell preservation lands was discerned by phone/letter 1-10
Willingness to early in the land evaluation process. The rating was modified
Sell dependent upon further negotiations. Lands with unwilling sellers
were discarded from the study.
TOTAL 7-70
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1 2.0 STUDY RESULTS
In this analysis, unique or old growth wetland forest communities contiguous or nearby to the Core
Wetland Restoration Area typically rank highest. However, the study indicated that forested
wetlands along the Bear Creek corridor have been significantly degraded. In addition, available
tracts typically encompass less than 30 acres along the Bear Creek corridor. Therefore, regionally
significant wetlands that will serve as reference ecosystems for the project typically ranked similar
to, or higher than tracts located near the Core Wetland Restoration Area.

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Based on the study, five property parcels have been identified that provide 303 acres of wetland
preservation designed to augment the wetland restoration effort. The five parcels targeted for
wetland preservation are depicted in Figure 1. Three parcels include relatively undisturbed, regional
reference wetlands that are critical to wetland restoration efforts in the region. Two parcels are
contiguous to the Core Wetland Restoration Area and are designed to protect and supplement the
wetland complex. A description of the 5 parcels is included below.
2.1 GREENS THOROUGHFARE (Figure 2)
Greens Thoroughfare consists of 221 acres of old growth cypress-tupelo swamp and bottomland
forests situated along an approximately 1.7 mile reach of the Neuse River in northwestern Craven
County (Score= 56, Figure 2). These pristine wetland forests are threatened by active clear-cutting
activities occurring in the surrounding area. The community includes significant stands of old
growth trees, a series of river oxbows, and connectivity to an existing bioreserve in the region
(Turkey Quarter Creek). The North Carolina Coastal Land Trust (NCCLT) has indicated interest in
use of this area for wetland preservation, designed to augment the regional, riverine wetland corridor
along the Neuse River and Bear Creek system encompassing the Core Wetland Restoration Area.
Based on field reconnaissance and Natural Resource Conservation Service (NRCS) soil mapping,
soils within the parcel boundary, as identified in Figure 2A, consist of Masontown- Muckalee loams.
"These hydric soils are frequently flooded by over bank events from the river. The site represents a
series of river meander scrolls with backwater sloughs situated behind each scroll. Wetland
hydroperiods range from intermittent saturation/inundation on former river levee surfaces to
permanently inundated sites within oxbow formations.
This tract represents a reference wetland ecosystem used to design a carbon copy method for wetland
restoration within the Core Wetland Restoration Area. This reference wetland ecosystem will be
monitored concurrently with the Core Wetland Restoration Area to maximize regional wetland
benefits, as described in the Mitigation Plan (Section 4.0 and Section 6.0).

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Source: 2000 North Carolina Atla s and Gazetteer, p.64, - 903 pei, ?+
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MAF FIG URE
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S HOLLAND, WIGGINS, and CROOM A&B Ckdby:
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North Carolina
Lenoir County MAY 2001 1 A
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Source: 1977 North Carolina Atlas and Gazetteer, p.65.

Dwl, by
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FIGURE
E coScicncc GREENS T HOROUGHFARE Ckdby. JWN
Corporation Wetland Preservation Area
., ------ Date:
MAR 2001 1 B
Raleigh, North Carolina Craven Coun ty, North Carolina Project;
00-058

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2.2 CROOM A AND CROOM B (Figure 3 and Figure 4)
` The Croom tracts consist of 33 acres comprising steady state cypress-tupelo swamps and bottomland
hardwood forest situated on the Neuse River in southwestern Lenoir County (Score = 46, Figures
3 and 4). The backwater sloughs are dominated by 100+ year old bald cypress and water tupelo
(Nyssa aquatica), including permanently inundated river oxbows. The bottomland hardwood forests
extend to the banks of the Neuse River and include 8 oak species (Quercus spp.) and two diagnostic
hickory species (Carya sp.). The tracts support merchantable timber that maybe clear-cut in the next
several years. Four surrounding parcels have been clear-cut in the last five years, inducing a loss in
old growth wetland attributes considered essential for wetland restoration planning and riverine
wetland function in the region.
Soils within the identified parcel boundary, consist predominantly of Kinston Mucky loams (Figure
3A). These hydric soils are frequently flooded by riparian groundwater discharge, influence from
an unnamed tributary along the outer edge of the floodplain, and infrequent over bank flood events
from the river. A relatively narrow band of Chewacla (nonhydric soils) reside immediately adjacent
to the river. However, the Chewacla map unit includes numerous hydric soil inclusions, including
a series of oxbows and intermittent drainageways extending from the oxbows and through the river
levee.
These relatively undisturbed riverine wetlands and backwater sloughs also served as a reference
wetland ecosystem used to design a carbon copy method for wetland restoration in the Core Wetland
Restoration Area. Topographic maps of backwater sloughs in this reference wetland have been
developed and well data has been collected to augment the core restoration project. The MBRT
visited these reference wetlands during the design phase for this project. These wetlands will be
monitored to track the wetland restoration efforts
2.3 HOLLAND AND WIGGINS (Figure 5 and Figure 6)
The Holland and Wiggins parcels comprise approximately 49 acres that are contiguous to the Core
Wetland Restoration Area (Score = 48, Figure 2 and Figure 3). The floodplain wetland systems
surround the US Highway 70 corridor and are bounded to the west by the proposed Goldsboro
Bypass. These tracts have been clear-cut in the last several decades. Disturbance adapted vegetation
dominates the wetlands, with sweet gum (Liquidambar slyracl flua), red maple (Ater rubrum), tulip
poplar (Liriodendron tulipifera), sweet bay (Magnolia virginiana), and black willow (Salix nigra)
representing major components of the canopy. However, subcanopy elements include successional
phases of diagnostic species such as cherrybark oak (Quercus pagoda), water oak (Quercus nigra),
laurel oak (Quercus laurifolia), bald cypress (Taxodium distichum), and swamp tupelo gum (Nyssa
biflora). Bottomland hardwood forest and associated wetland function are redeveloping within the
tracts.
1
Soils consist of the Pamlico, Bibb, and Johnston series (Figure 5A). The parcel boundaries have
been established based on field surveys to confirm the wetland (floodplain) and upland boundaries
on the property. These hydric soils are frequently flooded by riparian groundwater discharge and

J

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m
= = = = = = = m = = = = = = m m = = m

u
,
a
r
` 3 +1
Kn
; s LEGEND

t
''`` Pc Pamlico-Muck
Frequently Flooded

\ Js Johnston Loam

a P. js v ac v
PC, Frequently Flooded
. a -?i: BB Bibb Loam
I Frequently Flooded
j Ly
.?
h S ??... yl i 1313 :? .
1.
'
n t
r tq4 r, "+; S '`
? ry
i? L
Ra IV
? r ?
, p
s I. CCC La `- [a`
v
CORE WETLAND . +k;'• ,..?a-.6

D
q r r, s..
44
1? t 'f ti i ` AC ` 1 r ?"
T '4"
Wtl r
Flo
?_ Fan t Ifi x"i. S? 5:? elx j 41 t r
` f+ \
n
oft
? Wb
Po fun , pC , n 0
k, Po . ,vf 4 If9 b 13B ti'?'
g 4
PO Na
n A?`a '? ; `' a 'IF q ?t?,` + ? p ??,,p{p
' i' N: 1 t S
< L6
}y ?FZ ?a f k'?
/^\ Po
1 , m d? r 4:
.?ti ..,-W y {7 YiA, v} u?&n art h!
0 2000 ft. x t r':, ,
- - 1:20,000
3 xl, t r+.?.
Source: 1977 USDA-SCS Soil Survey, Lenoir Co., NC ' 3 r? x
EcoScience HOLLAND and WIGGINS
Corporation NRCS SOILS MAP
Raleigh, North Carolina Lenoir County, North Carolina

m
m r r m r m

m m m
m m w m m m r m= r r= m m m r m r m
t
' over bank flood events from Bear Creek. Wetland hydroperiods range from intermittent saturation
within interior flats to semi-permanent inundation within backwater areas.
r Because these tracts surround the U.S. Highway 70 and proposed, Goldsboro Bypass corridors, the
tracts are threatened by encroachment from development or transportation infrastructure, including
storm water runoff. Wetland preservation is intended to enlarge contiguous forested habitat around
the Core Wetland Restoration Area and to ensure connectivity and stability within the regional
wildlife corridor below the US 70 divided highway.
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Appendix C
Property Surveys and Legal Descriptions
1. Mooring
II. Greens Thoroughfare
III. Croom Site
IV. Holland Site
V. Wiggins Site

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1. MOORING
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LENOIR COUNTY NC 09/05/2000
' $653.00
snOpYN
pLINA
Real Estate
?pA
! C ?/I Excise Tax

8K 1 19 1 PC0843
a6W SFP -5 PH 1: 41
GYIYIIN ROUSE
RELENOIR OUNTYDS
"v
Excise Tax _ i - Recording Time, Book and Page
t courlT ?? :3? _
Lot No. ? OFFhI' -- Parcel Identifier No.
Verified by _ TAXLi- _ County on the day of .
L? ?1
by by
daV=
Mall after recording to William P,__Aycock II, Esquire - Schell Bray Aycock Abel b Livings ton..P. L.1. C.
_P._ 0..Box_2,4847, Greensboro, North Carolina 27420
Thia instrument was prepared by ...William. P, Aycock. II, Attorney
Brief description for the Index
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this . 31st day of .. ... August_.,,,_...... .2000, by and between
GRANTOR
MARTHA G, MOORING
and husband,
T. DEWEY MOORING, JR.
GRANTEE
RESTORATION SYSTEMS, LLC,
a North Carolina limited liability company
114 White Lake Court
Morrisville, North Carolina 27560
Enler In appropriate block for each party: name, address, and, if appropriate, character of entity, e.q• corporation or partnership
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 requited by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in the City of Mosley Hall Township,
Lenoir County, North Carolina and more particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.
T. Dewey Mooring, Jr. joins in the execution of this deed to release any
marital rights he may have in the above-described property.
197x. R,. ud t'1171 - i,.,.w w.??..,,,, c.. ?,. ,e. r]>, rr..?.•„?,, N c ]rm,

I 8K 1 191 PGO844

' The property hereinabove described was acquired by Grantor by instrument recorded in ................... _._.......... _.......
Book 916, Page 136, Lenoir County Registry
........................................................................................ _................................. ,
A map showing the above described property Is recorded in Plat Book __...._ ......................... page...... ........... _..
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises In fee simple, has the right to convey
the anme in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor vrlll warrant and
defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter sinled.
Title to the property hereinabove described is subject to the following exceptions:
Restrictive covenants, rights-of-way and easements of record; and to ad valorem
taxes for the current year; and to the restrictive covenants set forth on
Exhibit "Brr attached hereto and incorporated herein by reference.

IN WITNESS wII RREOr, the Oranlot has htreunlo set his hand and real, or it corneralr. hate cad this Inalru-enl to as .11,14 N III
for/orate name ay Its 4ulY autberl. rd officers and Its seal to be hereunto alllaed Or authority of Its Board of Directors. the III! and year first
aaov. wrltle n. l??y ^'y?-}/,? ,.., r 1 ,
feEALI
...............................................-..... .......... ?/. _.....1 t. x`-•41. .4/Q1F..? .......
(corporate Name) -) Mart Moo71'-'
c
By: ........................... ................................ Y _ _.. _...11VALI
7: bewey ioring; Jr:
____________ __ ______________ President ^
ATTEST: `-'
............................ ...............................:( SEAL)
?natrt„lrr
........ .:........Secretary (Corporate Seat) U
r "
a'.' G JQ " ----------------- -- ........ -- - --- --------- - - --------(SEAL)
AMP P NORTH CAROLINA, ------- ._..LeoQtr-------------- County. !
r
m j\aCjT L1Ff}i 1. a Notary Public of the County and stale aforesaid. c,rtlfy that ..... ....................................
-G y -----__-Martha- C.--Mopring-and-?,--Dew Y e--------------------------- o,.bter,
1?V D`? % V m personally appeared before me this day and acknowledged the execution of the foregoing Instrument. tune.6 my
(n?/?',?''•-•"?' 7 hand and official .(amp or seat. this 5th . day er _ $epte?y)er _2000
..."""-
Iq I NON ' .. •7- r
My comminlon'.pl...:-. Etta -------------CL ..._ Dory Public
as as
SEAL-STAMP NORTit CAROLINA, .............................. ....County- _. _. _.____... _.._____.....
1, h Notary Public of the County and State of.,...Id. ternly that
........................
as personally cam. before m. this day and .,knowledged that --- he la - ----- ----------- Secretary of
ar ------------------------------------------------------- • North Carolina corporation, and that by authority duly
m given and a, the act of the corporation, the foregoing Instrument was algord In Its name by Its .
President, sealed with Its Corporal. seal and attested by ----------- as Its ......................... Secretary.
Wllness my hand and official stamp or seal, this ..-.-..day of _..-_.
Sly "n""'174"" res_ ______________________ ---------------------------------------- Notary Public

The foregoing Cerllflcat.(,) of -------- ...
... . .... . .. .. . ._
...... ......... .. .. .._.........._.._..._•._..........._.._._.._.....---"-------
I. are eertilled to be Corr t. Till, Instrument • Is 'Militate are duly re[1 ,• ed at the dale and it., and In the Iloull and rare shown on the
fist. pale hereof.
"""""'-' -- - -- - - - - CaQcl - ___.__._R r.Tr.R OF DEEDS go 11
------------- COUNTY
or De
N l? n.r ,\.. e.,r r hit, .1c< lots.. kr. u?J t lob)
.. ?..,,, e..+.....-.,A?.. C ?w. e. .. -....??... a t. , tr .I ..a...,.. ,. ?, C ]r(Hf

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BKI 191PGO845
EXHIBIT "A"
Attached to and made a part of that certain North Carolina General Warranty Deed dated August
31, 2000, by and between Martha G. Mooring and husband, T. Dewey Mooring, Jr. (Grantor)
and Restoration Systems, LLC (Grantee).
BEGINNING at a mag nail set in the centerline of NCSR No. 1603 (W. Washington Street, 100'
R/W), which snag nail is located North 71 ° 03' 30" East 536.77 feet and North 710 16' 08" East
496.37 feet from a mag nail set at the intersection of the centerline of NCSR No. 1603 with the
ccnterline of NCSR No. 1323; thence from said beginning point, a control corner, with the
centerline of NCSR No. 1603, the following four (4) courses and distances: North 71 ° 16'08"
East 193.47 feet to a mag nail set; North 720 08' 15" East 139.93 feet to a mag nail set; North
73° 29' 19" East 143.87 feet to a mag nail set; North 74° 33' 06" East 477.39 feet to a point ill a
bridge (under construction); thence leaving the centerline of NCSR No. 1603 and with the
ccnterline of Bear Creek, the following twelve (12) courses and distances: South 03° 59' 55"
West 531.02 feet to a point; South 01 ° 55' S1" West 414.49 feet to a point; South 30° 56' 29"
East 541.05 feet to a point; South 24° 1 I' 13" East 364.79 feet to a point; South 12° 49' 43" East
713.94 feet to a point; South 34° 18' 04" East 384.97 feet to a point; South 23° 27' 33" East
636.39 feet to a point; South 23° 03' 55" East 520.80 feet to a point; South 48° 43' 40" East
563.47 feet to a point; South 23° 40' 10" East 384.90 feet to a point; South 45° 49' 55" East
101.72 feet to a point; South 24° 27' 46" East 139.09 feet to a point; thence, leaving the
centerline of Bear Creek and with the line of Ellis Ray Holland (Deed Book 771, Page 35), South
831 56' 55" West 37 feet to an iron rod set; thence continuing with Holland's line, South 83° 56'
55" West 1324.64 feet to an iron rod set, a new corner with Grantor; thence a new line with
Grantor, the following fourteen (14) courses and distances: North 27° 14' 33" West 697.53 feet
to an iron rod set; North 37° 19' 52" West 311.77 feet to an iron rod set; North 41° 19' 20" West
270.84 feet to an iron rod set; North 52° 07' 50" West 308.18 feet to an iron rod set; North 00°
10' 58" West 427.48 feet to an iron rod set; North 23° 14' 27" West 288.59 feet to an iron rod
set; North 56° 04' 26" West 190.65 feet to an iron rod set; North 31° 44' 50" West 158.47 feet to
an iron rod set; North 23° 34' 40" West 159.58 feet to an iron rod set; North 44° 30' 07" West
319.18 feet to an iron rod set; North 18° 54' 58" West 243.81 feet to an iron rod set; North 13°
13' 22" East 441.77 feet to an iron rod set; North 52° 46' 12" West 218.40 feet to an iron rod set;
South 84° 37' 26" West 411.37 feet to an iron rod set in the eastern margin of NCSR No. 1323
(Promised Land Road, 60' R/W); thence South 84° 37' 26" West 31.49 feet to a mag nail set in
the centerline of NCSR No. 1323; thence with the centerline of NCSR No. 1323, the following
two (2) courses and distances: North 23° 04' 52" West 96.66 feet to a mag nail set; North 21°
19' 35" West 80.64 feet to a mag nail set; thence leaving the centerline of NCSR No. 1323,
North 56° 29' 35" East 30.69 feet to an iron rod set on the eastern margin of NCSR No. 1323;
thence a ncNv line with Grantor the following two (2) courses and distances: North 56° 29' 35"
East 324.47 fect to an iron rod set; North 24° 49' 09" East 952.65 feet to an iron rod set in the
southern margin of NCSR No. 1603; thence continuing North 24° 49' 09" East 68.99 feet to a
mag nail set in the centerline of NCSR No. 1603, the point and place of Beginning, and
containing 146.238 acres as shown on a map of survey prepared by Robert G. Fields Surveying,
entitled "Restoration Systems LLC'Martha G. Mooring Tract'," dated August 29, 2000. The
above-described property is conveyed subject to the rights-of-way for NCSR No. 1603, NCSR
No. 1323 and to a 100-foot right-of-way to the Carolina Power and Light Company, all as shown
on said survey.
TOGETHER WITH a temporary easement for ingress, egress and regress to the property herein
conveyed across the Grantor's retained property from NCSR No. 1323 running in an easterly
direction, said easement being 40 feet in width, and extending along the existing farm path
located adjacent to and south of the woods line (south of the existing tenant house). This
easement shall automatically expire two (2) years from the date of the recording of this deed.
86242.1 (8/29/00)

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BK 1 191 PGO846
EXHIBIT "B"
Attached to and made a part of that certain North Carolina General Warranty Deed dated August
31, 2000, by and between Martha G. Mooring and husband, T. Dewey Mooring, Jr. (Grantor)
and Restoration Systems, LLC (Grantee).
The conveyance of this property is subject to the following restrictions as to the use thereof, and
running with the property by whomsoever owned, which restrictions are expressly assented to by
Grantee, its successors and assigns, by acceptance of this deed:
1. Residential development for manufactured homes, modular homes or mobile homes on
the property is prohibited.
2. No conventional-built house shall be erected or allowed to remain on any lot containing
less than one-half (1/2) acre in size.
3. No permitted conventional=built home shall be erected or allowed to remain on the
property if the floor area of the home is less than 1500 square feet.
4. No commercial development of the property shall be allowed except those permitted
under the current Town of La Grange Zoning Ordinance for the Neighborhood-
Commercial District as set out in Schedule 1 attached hereto and incorporated herein by
reference. Conditional Uses within the Neighborhood-Commercial District shall be
prohibited.
These restrictive covenants are to run with the land and shall be binding on all parties and all
persons claiming under them for a period of forty (40) years from the date this deed is recorded.
Mier this time the covenants shall be automatically extended for excessive periods of ten (10)
years each unless an instrument signed by a majority of the then owners of the property agreeing
to terminate or change said covenants in whole or in part has been recorded.
7
86242.1 (829/00)

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8K 1 191 PG0847
EXHIBIT "B"
SCHEDULE 1
PERHITI T'.l) USES AR R-10 R-12 R-10 R-5 IIC NC DC L1' I1t

Accessory ho llding x x x x x x x
Accessory uses - incidental x x x x x x x
to any permitted use
Agriculturnl or farm usr+ x x x x x x x
Alcoholic, nf-vpragp Cnntrnl x x
retail sl.or•es
AmbOnnrn .r-rvirn x x x x
Animal mprilcil rlrr ( illrlud- x
ing kennel opprat.ions)
Apparel and accrrssory sales x x x
Asspnibl ips (assern)ly MIA, c x
stadium, rol ispunl)
Aur-tine r-lles (pxrlrlrlillg x x x
livestock anctloning)
Automobile wash x x x
Atltomnhilp off-sl:reet pArk- x x x x x
ing (rommercinl lots)
Automohi l-? pnrt.s and ircp,- x x x
spry snl.cs
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BK 1 191 PG0848
f? MI'1"1O USES AR R-10 R-12 R-10 R-5 IIC NC UC Li

AutomnbilP rapnir and/or body x x
wnrk (oxrluding commercial.
wrecking, dismantling, or
storage of junked vnbir.les)
Antoinobile sa1??, new r used x x
Aulmmnhije servir:a stnl inns x x x
nakery production and wholr- x
salp sales
nank, r-wings A lnnn rompnny x x x
and other financial ir.tivitier.
nnrhnrinq 6 hairdressinq sr-r- x x x
vices
nicycle sales and rs-pnir x x x
nlacksmil.h x
noarding house npernlion x x
noals and accessories, retail x
sales and service
Ilookh i nil i ng x
Bottling x
nnlldprs supply (no outside x x x
storage)
nil iIdprs supply (wil:h oul.side x x
sloragr?)
Rulk rl.nrngp of nil, gnsnIine, s s
and olhor rlnimwblc mnl.prinls
Cabinet making x
Candy or rnnreclinnery making, x x x x
on-premises and retail. only
Carpet ani rug cleaning x x x
Catalogue sales x x x
Comel.cry c c c
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BK I ! 91 PGO849
1'EIiM1'l"rEU USES 1111 R-10 R-12 R-10 R-5 lIC HC DC Ll II!
(7lnirch x x x x x x
rl inic .-.ervicnr•, mntljen1. rind x x x
dental
rlub or In(lgr, c c c c
Crml r 1cr, mid RlnrngP
x
x
Contrnclnr, gnnnrn) (nxClllrl- x X x
ing hill s i do Si nrnge of
egll i pnlr•ti l'. or Stipp 1. i - )
Cont.rnctor, gnnornl (will, x
nullnidr) Strirngn of equip-
ment. or SnppliPs)
consl.ructinn StnrngP x x
Const.rurtion, ti•nrlnrs (exclud- x x
ing o0s i rlP S rnrngP of Priu lp-
menl, or Sllpplies)
Con,tnictinn, t.rntler. (with x x
nutside storage of erlul.p-
ment or supplies)
Antique, curio, gift, and x x x
souvenir SAIPs
Pn i ry protlnrtr, sn l ns, nn_ x x x
premi.ri-s r•Pt.nil snler, only
f1a i i•y prnrlor. is , snips rind x x
processing
I1ny rnr•rr real-t- (k I ntlt•r- c c c C c
grirten)
Dry rlnnninq mid Innndry, x x
commarrinl
Dry r l enn i nq or 1 nnmlry x x x
(mist.nmet tPlr-APrvIro)
Dwelling, single-family x x x x x
Dwelling, two-frimily c c x x
DwPI l lnq, imilt.i-fnnilly c c
)
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BK 1 191 PGO850 t
1'G}tHll~rGU uSC.s AR ii-10 f1-12 li-)o H-5 lic NC uc Ll Ili 1

Faking or drinking fnrilit.ies x x x
I
(drivo- in; exr.ln,lnrl)
x
i Fxlr-rminnl ink rnrvirn
Fnm i l y r A r n Ir?mn. , prov i rl(rr) x x x x x
IIraT nn cnr.h lumir Way br'
on?-Irn I f
i
n
1 rcat.ed w i tlr
(112) mile rarli11s or nn
existing family care home
' x x
Fnrm machinery sales And
serv icP

ll(-q merrhnndi^ing x x
Firm snpp
(Excluding farm mnrhinnry)

Fire stnt.ion nperaLions C c c c c x c x ,.

i
x x x
Flower shop
x
x
x
Food sales
x
Funeral hmm"
x x

(:Ame f nrm
x
x x x
Ilnrdwnre, paint b garrlnn
cnpply sales

Ilnme for 1 he Aged
c r c c

i
x x x

Apply-
Ilnm. furnishing F.
i
Ance sales
x
Itome or, f:rI pa l. ions x x x x
r

ice manufnctur.ing x x
x x
Tndu,kr?n1 sales of egufp-
'
meat or repair, service x
janitorial service

x x
i.,nboratory op,.rntlons,
medical or dent,nl ?
x
x x x x x
x
x
1
Library
x x A
Locksmith, gunsmith

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PERMITTED USES
AR P,
R-113 11-12 It-1 I IQIpr
R-5 I L no ct
C '
LI III
/
rlachine I.nol manufart.uring x x
or wolding
Hoh i le hnme ( i nr) i v i rlna I) for
rncidr•.nlint ocrurnnry:
Class A: x x x x
Class n: x x x
CJasS C: x x x
tlnh i t r• hnme ( i nd i v i rlna l) for c c r, c
office and Pxhihiiion
rlnhiIr homy pork hat. nxr.1ud- s
i ng any mnb i 1 r. holnr sn 1 rs
Monument SAIPS x x
Monument works x x
,p r4otel, IrnYel, and mor.or x
court ornrntions
Newsstand sales x x x
Nursery opernl.ion (plant) x x
Nursing home c c c c
Office use of n dortor, x x x
dentist, ostrnpill), c1lir0-
prartor, optomPt.rist, or
olher profession I
office sllpp i t 9s anri e!311 i p- x x x
mrnt sales and service
i
Optician services x x x
Prt sales, excluding kPnnet x x x
art.lviti-s or outside stor-
age of animals
Pharmacrutica l sales x x x
Planned unit development s s
Photography, commerr.ial x x x
Post office x x x x i
Privaln recrrnt.ion club or c c c c c
swimming artivit.ies not oper-
al.Pd as a business for profit
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BK1191PG0852
PERHirrEU USES AR R-10 R-12 R-lU 11-5 IIC NC DC L1 III

Print.ing rind reproduct inn x x x
Publ ir, I'pcrP11 Inn (sur.h nr r c C X x
cr)mmupity cpnker huildings,
parks, muri(%um!;, pinygronnrls,
-and sltit l Inr fnr1111 Ind npn-
rnted on n non-prnf i t has i r; )
Mitilir tit. illty stntion or c c c c c c c
subs tnt Ions
Pub iit utility works, shnps, x x
or storage yards
RPcrpriH on or mmijsement. X c
enterprise rondurt.erl Inside
or outside ,1 hnllrling rnt-
profit, and not olherwisr
Jisted herein
Reducing snlon/health Spa x x x
Rrpnir, renlal, and/or sov- x x x
vicing of nny product the
1-01.,111 sale of which Is ri
Use-Qy-Right. In the crime
district and not. ot•herwirn
listed herein
RetnI Urig or servic1iiq witit x x
operat lens condur.l.ed and
merchandise stored inside
and/or outside a building
and not otherwise listed
herein
Riding academy x
SPcrrtd-hnnd rind rwnp sllnp x x x
sales
Schools, bneiness nrld cnm- x x
mercial, trnd0, vor.ntional,
nursing, or other medicnlly-
oriented profession
Srhonl, private or pnhlir x X x x
(elemi--ni my or srcnlltlnry).
Shcnl. mrinl rnhrir.nl ion x X
, y
INVESTORS TITLE INSURANCE COMPANY
A Stock Company
P.O. Drawer 2687
Chapel Hill, North Carolina 27515-2687
OWNER'S POLICY
OF TITLE INSURANCE
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PrRHCTTEU IISP.S AR R-18 R-12 It-IU R-5 IIC NC DC Li II1

;hopping r.enlnrlr:ommnroin I s s s s
group developmr•nL
Signs SF.E ARTICLE XIII FOR PERMITTED
AREAS Atli) REGULATIONS
,,^,loragn, flammnblrr s
SLorage, open s
SLornge, wnrchoiisr, x x x
,rnilorinq (drRSrmnki)q) x x x
Tnarhing of art, musir„ x x x
dance, drmmnLics, or other
fine arts
Tempornry const.rur-Linn x x x x x x x x x x
buildinq
-romporary user, r c r c C r c c c c
Tire recnpping x x
Tobacco processing x x
,rrailer renLnls x x
M
Ilpholntnring or furnilurn x x x
ref ini suing
Variely, girl and hohby x x x
supply sales
Wlin l Psn I n sn l r•s w l l.h nl1Prn- x x x
Lions rnndnrtrd nnrl mnr-
chnndise stored entirely
within ,-i building and not
ol.herwisn Listed hr?rmin
conimerrinl I ivesl.nrk prn- A
dnr,t'ion, Including colnmer'-
r.inl point l-y npornl ions,
rnmmerrinl pork (pig or ling
pnrlors) operntions, ciniry
npPrntinns, rakklP opern-
L inns, and my nl leer use or
Innd for keeping, brnerlinq,
and raising liveslork for
commercial purposes
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INVESTORS TITLE INSURANCE COMPANY
x' A Stock Company
P.O. Drawer 2687
Chapel Hill, North Carolina 27515-2687
OWNER'S POLICY
OF TITLE INSURANCE
SCHEDULE A
Policy Number 200004312G Policy Date 0910512000 Time 01:47 PM
Amount of Insurance
1. Name of Insured OPTION SYSTEMS, LLC, A NORTH CAROLINA LIMITED LIABILITY
COMPANY
2. The estate or interest in the land which is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in the Insured.
4. The land herein described is encumbered by the following mortgage and
assignments, if any:
N/A
and the mortgages, if any, shown in Schedule B hereof.
S. The land referred to in this Policy is in the
State of NC County of LENOIR
and described as follows:
BEGINNING AT A MAG NAIL SET IN THE CENTERLINE OF NCSR NO. 1603 (W.
WASHINGTON STREET, 100' R/W), WHICH MAC NAIL IS LOCATED NORTH 710 03' 30"
EAST 536.77 FEET AND NORTH 710 16' 08" EAST 496.37 FEET FROM A MAG NAIL SET
AT THE INTERSECTION OF THE CENTERLINE OF NCSR NO. 1603 WITH THE CENTERLINE
OF NCSR NO. 1323; THENCE FROM SAID BEGINNING POINIT, A CONTROL CORNER, WITH
THE CENTERLINE OF NCSR NO. 1603, THE FOLLOWING FOUR (4) COURSES AND
DISTANCES: NORTH 710 16' 08" EAST 193.47 FEET TO A MAC NAIL SET; NORTH 72°
08' 15" EAST 139.93 FEET TO A MAG NAIL SET; NORTH 730 29' 19" EAST 143.87
FEET TO A MAG NAIL SET; NORTH 740 33' 06" EAST 477.39 FEET TO A POINT IN A
BRIDGE (UNDER CONSTRUCTION); THENCE LEAVING THE CENTERLINE OF NCSR NO. 1603
AND WITH THE CENTERLINE OF BEAR CREEK, THE FOLLOWING TWELVE (12) COURSES AND
DISTANCES: SOUTH 030 59' 55" WEST 531.02 FEET TO A POINT; SOUTH 011 55' 51"
Issued through the Office of:
Investors Title Insurance Company
127 N. Greene Street, Ste. 100
P O Box 3565
Greensboro, NC 27402
Tel. [phone]
Fax[phone]
Page I
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INVESTORS TITLE INSURANCE COMPANY
A Stock Company
P.O. Drawer 2687
Chapel Hill, North Carolina 27515-2687
Policy No. 200004312G
WEST 414.49 FEET TO A POINT; SOUTH 30° 56' 29" EAST 541.05 FEET TO A POINT;
SOUTH 240 11' 13" EAST 364.79 FEET TO A POIINT; SOUTH 12° 49' 43" EAST
713.94 FEET TO A POINT; SOUTH 34° 18' 04" EAST 384.97 FEET TO A POINT; SOUTH
230 27' 33" EAST 636.39 FEET TO A POINT; SOUTH 230 03'
55" EAST 520.80 FEET TO A POINT; SOUTH 48° 43' 40" EAST 563.47 FEET TO A
POINT; SOUTH 23° 40' 10" EAST 384.90 FEET TO A POINT; SOUTH 45° 49' 55" EAST
101.72 FEET TO A POINT; SOUTH 24° 27' 46" EAST 139.09 FEET TO A POINT;
THENCE, LEAVING THE CENTERLINE OF BEAR CREEK AND WITH THE LINE OF ELLIS RAY
HOLLAND (DEED BOOK 771, PAGE 35), SOUTH. 830 56' 55" WEST 37 FEET TO AN IRON
ROD SET; THENCE CONTINUING WITH HOLLAND'S LINE, SOUTH 830 56' 55" WEST
1324.64 FEET TO AN IRON ROD SET, A NEW CORNER WITH GRANTOR: THENCE A NEW
LINE WITH GRANTOR, THE FOLLOWING FOURTEEN (14) COURSES AND DISTANCES: NORTH
270 14' 33" WEST 697.53 FEET TO AN IRON ROD SET; NORTH 370 19' 52" WEST
311.77 FEET TO AN IRON ROD SET; NORTH 41° 19' 20" WEST 270.84 FEET TO AN
IRON ROD SET; NORTH 52° 07' 50" WEST 308.18 FEET TO AN IRON ROD SET; NORTH
000 10' 58" WEST 427.48 FEET TO AN IRON ROD SET; NORTH 230 14' 27" WEST
288.59 FEET TO AN IRON ROD SET; NORTH 560 04' 26" WEST 190.65 FEET TO AN
IRON ROD SET; NORTH 310 44" 50" WEST 158.47 FEET TO AN IRON ROD SET; NORTH
230 34' 40" WEST 159.58 FEET TO AN IRON ROD SET; NORTH 44° 30' 07" WEST
31.9.18 FEET TO AN IRON ROD SET; NORTH 18° 54' 58" WEST 243.81 FEET TO AN
IRON ROD SET; NORTH 130 13' 22" EAST 441.77 FEET TO AN IRON ROD SET; NORTH
520 46' 12" WEST 218.40 FEET TO AN IRON ROD SET; SOUTH 840 37' 26" WEST
411.37 FEET TO AN IRON ROD SET IN THE EASTERN MARGIN OF NCSR NO. 1323
(PROMISED LAND ROAD, 60' R/W); THENCE SOUTH 840 37' 26" WEST 31.49 FEET TO A
MAC NAIL SET IN THE CENTERLINE OF NCSR NO. 1323; THENCE WITH THE CENTERLINE
OF NCSR NO. 1323, THE FOLLOWING TWO (2) COURSES AND DISTANCES: NORTH 231
04' 52" WEST 96.66 FEET TO A MAG NAIL SET; NORTH 210 19' 35" WEST 80.64 FEET
TO A MAG NAIL SET; THENCE LEAVING THE CENTERLINE OF NCSR NO. 1323, NORTH 560
29' 35" EAST 30.69 FEET TO AN IRON ROD SET ON THE EASTERN MARGIN OF NCSR NO.
1323; THENCE A NEW LINE WITH GRANTOR THE FOLLOWING TWO (2) COURSES AND
DISTANCES: NORTH 560 29' 35" EAST 324.47 FEET TO AN IRON ROD SET; NORTH 240
49' 09" EAST 952.65 FEET TO AN IRON ROD SET IN THE SOUTHERN MARGIN OF NCSR
NO. 1603; THENCE CONTINUING NORTH 24° 49' 09" EAST 68.99 FEET TO A MAC NAIL
SET IN THE CENTERLINE OF NCSR NO. 1603, THE POINT AND PLACE OF BEGINNING,
AND CONTAINING 146.238 ACRES AS SHOWN ON A MAP OF SURVEY PREPARED BY ROBERT
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INVESTORS TITLE INSURANCE COMPANY
A Stock Company
P.O. Drawer 2687
Chapel Hill, North Carolina 27515-2687
Policy No. 200004312G
G. FIELDS SURVEYING, ENTITLED "RESTORATION SYSTEMS LLC 'MARTHA G. MOORING
TRACT'," DATED AUGUST 29, 2000. THE ABOVE-DESCRIBED PROPERTY IS CONVEYED
SUBJECT TO THE RIGHTS-OF-WAY FOR NCSR NO. 1603, NCSR NO. 1323 AND TO A
100-FOOT RIGHT-OF-WAY TO THE CAROLINA POWER AND LIGHT COMPANY, ALL AS SHOWN
ON SAID SURVEY.
TOGETHER WITH A TEMPORARY EASEMENT FOR INGRESS, EGRESS AND REGRESS TO THE
PROPERTY HEREIN CONVEYED ACROSS THE GRANTOR'S RETAINED PROPERTY FROM NCSR
NO. 1323 RUNNING IN AN EASTERLY DIRECTION, SAID EASEMENT BEING 40 FEET IN
WIDTH, AND EXTENDING ALONG THE EXISTING FARM PARTH LOCATED ADJACENT TO AND
SOUTH OF THE WOODS LINE (SOUTH OF THE EXISTING TENANT HOUSE). THIS EASEMENT
SHALL AUTOMATICALLY EXPIRE IN TWO (2) YEARS FROM THE DATE OF THE RECORDING
OF THIS DEED.
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This Policy does not insure against loss or damage (and the Company will not pay
costs, attorneys' fees or expenses) which arise by reason of:
I. The lien of the security instrument reflected in Item 4, Schedule A, if any
be shown.
II. The dower, curtesy, homestead, community property, or other statutory
marital rights, if any, of the spouse of any individual insured.
III.
1. Taxes for the year 2001, and subsequent years, not yet due and payable.
2. Basements to Carolina Power & Light Company, recorded in Book 154 at Page 2;
Book 533 at Page 305; Book 575 at Page 430; and Book 715 at Page 43.
3. Right of Way Agreement to State Highway and Public Works Commission, recorded
in Book 393 at Page 93.
4. Rural Line Permit to Carolina Telephone and Telegraph Company, recorded in
Book 435 at Page 202.
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INVESTORS TITLE INSLIRANCE COMPANY
A Stock Company
P.O. Drawer 2687
Chapel Hill, North Carolina 27515-2687
Policy No. 200004312G
5. Easement to Southeastern Soil & Water Conservation District of Goldsboro,
North Carolina, recorded in Book 500 at Page 423.
6. Right- of- Way Easement to Tri-County Electric Membership Corporation,
recorded in Book 532 at Page 287.
7. Easement to Drainage District No. 1 of Goldsboro, North Carolina , recorded in
Book 532 at Page 662.
8. Easement of way to State Highway Commission, recorded in Book 607 at Page 242
and Book 607, Page 245.
9. Right of way Agreement to the North Carolina Department of Transportation,
recorded in Book 840 at Page 140.
10. Title to that portion of insured premises within the right-of-way of NCSR No.
1603 (W. Washington Street) and NCSR No 1323 (Promised Land Road, 60' R/W).
11. Rights of others thereto entitled in and to the continued uninterrupted flow
of Bear Creek located on insured premises.
12. Plat of survey by Robert G. Fields, RLS, dated 08-29-2000, shows a 100-foot C.
P. & L. Powerline right of way located on insured premises.
13. Restrictions appearing of record in Book 1191 at Page 843, but this policy
insures that said restrictions have not been violated and that a future violation
thereof will not cause a forfeiture or reversion of title.
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II. GREENS THOROUGHFARE

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Excise Tax
Craven NC - DocuaEnt S~,?r
clecky Thompson. Re3ister of gee:-.
Date 02/28/2002 Time 17:01:03 . of
i ,,, !_n,)r?407B3
°°k
1893 Page ?81
Fee Amt 2b.00
Recording 'I9me, Book and Page
Tax I of No ............................ Parcel Identifier No. .........
............................... .
Verified by ...._ ................................................................. County on the .............. day of .....
...........
by . .........................................
................................
Mail after recording to Y ..............:....... A.?....oT?. /
...2n.. `.c......../4 . .
.......oZ..lfv`?G .............. .............. _ .......... .
...........................................................................................
1 This instrument was prepared by William P. Ayycock II Schell Bray Aycock Abel & Livingston, P.L.L.C.
Brief description for the Index Post Office Box 2T$4?? Crieensboro, C 27147O ......"'
1 NORTH CAROLINA GENERAL WARRANTY DEED
T11IS DEED made this ..14th . day of .....February 2002 , by and between

GRANTOR
WILLIAM E. MITCHELL, SR. and spouse,
PHYLLIS W. MITCHELL
and
ROY T. MITCHELL and spouse,
ETIILYN H. MITCHELL AKA
ETHLYN HICKS MITCHELL
GRANTEE
RESTORATION SYSTEMS, LLC,
a North Carolina limited liability company
1101 Haynes Street
Suite 203
Raleigh, North Carolina 27604
Enter in appropriate bioek for each party: name, address, and, If appropriate, character of entity, e.q. corporation or partnership.
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.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in the City of .................
............ .
Craven
. County, North Carolina and more particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.
FAA f1..1,1S W,MITC H L1., spouse of William E. Mitchell, Sr, and
C-- rti 14h f-l ih^ ?j he/spouse of Roy T. Mitchell, join in the
execution of this deed for the purpose of waiving their marital,
rights in the above-described property and for no other purpose.

' Date 02'28;'2002 Time
No: 2002-00040383
L$`
Book 1893 Paw
' The property hereinabove described was acquired by Grantor by instrument recorded In ..Deed_Book. 17.89,7,. Page 151..
of the Craven County Regis . try
...................................................................................................................................................................
' A nlap nhowil,g the above described property is recorded in Plat Book ........... .
TO IIAVR' AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey
' tilt Marne in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend bile title amlinst the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
' Restrictions, rights-of-way and easements of record, and to ad valorem taxes for the current
year.

IN WITNP.Mn wll El1EOl', the Ornnlor has hereunto get his hand and seal, or if corporate, has caused this Instrument to be signed In Its
r urporale name by it, duly autlwrized offlcen and Its seal
a
bov e at Alen. to be hereunto affixed by authorlty of Its Board of Directors, the day and year first
-------- ^n,
_-__ -- ,'4 /rte
--- ---- -------------
---(Corporate Name) a &J -."- ?------------ - 1 - (HEAL)
zam E. Mitchell, Sr.
(SEAL) i-I
_ - - - -
P11`(iLlS val.hAt7otL
M !,,
-- -- ----- -.._Mer.tetary (Corporate seal) i
------ ?"-- (SEAL)
-
L-/---------
MEAf. MTAMt' NORTH CAROLINA, __________________________________
' ounty. Y
,y 1, a Notary Public of the County and State aforesaid, certify that
x --------
-----------------
-----------------------
° --------------- __ Grantor,
' p) personally Appeared before me this day and acknowledged the execution of the foregoing instrument, witness my
p hand and official stamp or seal, thl¦
-------- day of --------------------------- -
MY commission expires:
_ Notary Public
SlIAL-q-1-AMP NORTH CAROLINA, __--__-__
-------------------------County.
1, a Notary Public of the County and State aforesaid, certify that
' Lr personally came before me this day and acknowledged that ___- he Is
--------------------------- Secretary of
-------------------------------------------
_ a North Carolina corporation, and that by authotlty duly
^ given and as the act of the corporation, the foregoing Instrument was signed In Its name by its ...............
i
President, sealed with Its corporate seal and attested by
----------- as its ___________________________ secretary.
' t1'Itlless my hand and official stamp or seal, thia _______
day of
Illy commlgsloo expires: _____.
______ Nnta R• nnhllr

1 ? "? QQ
STATE OF Iu0/?/? ?cl/0?/JC? E:Ok 113 ? F.3?, it3
' COUNTY OF orru, /jord,
I, EVe tkq CaMpbr// a Notary Public, do hereby certify that WILLIAM E. MITCHELL,
SR. and wife, F14 iWAIi. w. Mlj&4 vu. personally appeared before me this day and
' acknowledged the due execution of the foregoing instrument.
WITNESS my hand and official seal this the P$ day of Fefi16lQrq 1200-4-
Notary p,,? B? ??
My commission expires:
0;AMP
1 5-//-,2005 ???•??•..•N..... ??
%
s t? ty '
A : s
wW0l;,v-
doo
' STATE OF 7 = Z
Pve?
ell
COUNTY OF ??! ••?,?C??`\w
a Notary Public; do tstt't3? certify that ROY T. MITCHELL and wife,
personally appeared before me this day and acknowledged the
due execution of the foregoin instrument.
WITNESS my hand and official seal this the /'/?ay of 200A
NotaryPu lic
My commission expires:
10
Cy-
Shift of NOM Calla. OMM
The t rowl"o o e)
aCp f-+S.C
(ere cerilti
1 repfstratic, is a a
ur and duly ?tirde was preset, '?' p
Register recorded e offk
of C County, NC in Boo
AD., 2Q2ZJ aj PC
Register
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EXHIBIT A u_*r ;gig: 47: '1'7
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BOOT 181'3 F'33F
BEGINNING at a point in the eastern confluence of the Neuse River and Green
(or Greens) Thoroughfare; thence in a westerwardly direction with Green Thoroughfare
the following courses and distance: North 31 degrees 27 minutes West 1609.00 feet to a
point; North 62 degrees 26 minutes West 450.12 feet to a point; North 36 degrees 32
minutes West 918.72 feet to a point; North 72 degrees 29 minutes West 184.80 feet to a
point; South 68 degrees 34 minutes West 991.32 feet to a point; North 83 degrees 23
minutes West 726.00 feet to a point; North 66 degrees 51 minutes West 590.04 feet to a
point; South 13 degrees 15 minutes West 555.72 feet to a point; North 72 degrees 01
minutes West 1635.48 feet to a point; North 57 degrees 38 minutes West 864.60 feet to a
point; North 85 degrees 03 minutes West 686.40 feet to a point; North 61 degrees 50
minutes West 315.48 feet to a point; North 11 degrees 22 minutes West 382.80 feet to a
point in the western divergence of Green Thoroughfare and the Neuse River; thence with
the Neuse River in an easterwardly direction the following courses and distances: North
61 degrees 26 minutes East 1401.84 feet to a point; South 49 degrees 41 minutes East
1247.40 feet to a point; North 78 degrees 32 minutes East 978.12 feet to a point; North 46
degrees 44 minutes East 1026.96 feet to a point; North 89 degrees 36 minutes East
751.08 feet to a point; South 43 degrees 16 minutes East 114.08 feet to a point; North 84
degrees 47 minutes East 1498.20 feet to a point; South 67 degrees East 742.40 feet to a
point; South 10 degrees 42 minutes East 2451.80 feet to a point and South 30 degrees 20
minutes West 856.68 feet to the point and place of BEGINNING, and containing 221.1
acres more or less and as shown on a Map of Green's Thoroughfare Island recorded in
Book 9, Page 34, Craven County Registry.
SAVE AND EXCEPT there from: (1) All of that tract described in deed dated April 3,
1980 from John A. Jackson and wife, D.J. Jackson, to Henry J. Carawan and Alexander
Wiggins, recorded in Book 88 at Page 349 in the Office of the Register of Deeds of
Craven County; (2) that tract described in deed dated July 1, 1879 from John A. Jackson
and wife, D.J. Jackson, to Ephraim A. Adkins, recorded in Book 80, at Page 456 in the
Office of the Register of Deeds of Craven County; and (3) all of that land lying within the
Neuse River and Green Thoroughfare as shown on the above described map recorded in
Book 9, Page 34, Craven County Registry.
The above described property is all of Green's Thoroughfare Island (except as stated
above) and is the same property conveyed to the Grantors herein by deed recorded in
Deed Book 1789, Page 151 of the Craven County Registry.
1
' 105953_I.DOC
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EXHIBIT B 893 Paw
'DJ
Attached to and made a part of that certain North Carolina General Warranty Deed from William
E. Mitchell, Sr. and spouse, Phyllis W. Mitchell, and Roy T. Mitchell and spouse, Ethlyn H.
Mitchell ("Grantor") to Restoration Systems, LLC ("Grantee") for the property described on
EXHIBIT A (the "Property").
The conveyance of the Property is subject to the following restriction as to the use thereof,
running with the Property by whomsoever owned, which restriction is expressly assented to by
Grantee, its successors and assigns, by acceptance of this deed:
The Property must be left in its natural and unimproved state except for the cutting of dead and
diseased trees and such other cutting and pruning of trees and other vegetation within the
Property as shall be consistent with the use of the Property for wetlands mitigation, stream
restoration and related conservation purposes.

INVESTORS TITLE INSURANCE COMPANY
A Stock Company
' P.O. Drawer 2687
Chapel Hill, North Carolina 27515-2687
' OWNER'S POLICY OF TITLE INSURANCE
SCHEDULE A
' Policy Number 200202555E Policy Date 0212812002 Time 05:01 PM
Amount of Insurance
' 1. Name of Insured Restoration Systems, LLC, a North Carolina limited liability
company
2. The estate or interest in the land which is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in the Insured.
' 4. The land herein described is encumbered by the following mortgage and
assignments, if any:
' N/A
and the mortgages, if any, shown in Schedule B hereof.
' 5. The land referred to in this Policy is in the
State of NC County of Craven
and described as follows:
BEGINNING AT A POINT IN THE EASTERN CONFLUENCE OF THE NEUSE RIVER AND
GREEN (OR GREENS) THOROUGHFARE; THENCE IN A WESTER WARDLY DIRECTION WITH
GREEN THOROUGHFARE THE FOLLOWING COURSES AND DISTANCE: NORTH 31
' DEGREES 27 MINUTES WEST 1609.00 FEET TO A POINT; NORTH 62 DEGREES 26
MINUTES WEST 450.12 FEET TO A POINT; NORTH 36 DEGREES 32 MINUTES WEST
918.72 FEET TO A POINT; NORTH 72 DEGREES 29 MINUTES WEST 184.80 FEET TO
' A POINT; SOUTH 68 DEGREES 34 MINUTES WEST 991.32 FEET TO A POINT; NORTH
83 DEGREES 23 MINUTES WEST 726.00 FEET TO A POINT; NORTH 66 DEGREES 51
MINUTES WEST 590.04 FEET TO A POINT; SOUTH 13 DEGREES 15 MINUTES WEST
555.72 FEET TO A POINT; NORTH 72 DEGREES 01 MINUTES WEST 1635.48 FEET
' TO A POINT; NORTH 57 DEGREES 38 MINUTES WEST 864.60 FEET TO A POINT;
NORTH 85 DEGREES 03 MINUTES WEST 686.40 FEET TO A POINT; NORTH 61
DEGREES 50 MINUTES WEST 315.48 FEET TO A POINT; NORTH 11 DEGREES 22
Issued through the Office of:
' Investors Title Insurance Company
127 N. Greene Street, Ste. 100
1' O Box 3565
Greensboro, NC 27402
Tel. [phone]
Fax[phone]
7
cy /'P? (" ?? Page I
Authorized Countersign hn-e
INVESTORS TITLE INSURANCE COMPANY
' A Stock Company
P.O. Drawer 2687
Chapel Hill, North Carolina 27515-2687
' Policy No. 200202555G
MINUTES WEST 382.80 FEET TO A POINT IN THE WESTERN DIVERGENCE OF GREEN
THOROUGHFARE AND THE NEUSE RIVER; THENCE WITH THE NEUSE RIVER IN AN
EASTERWARDLY DIRECTION THE FOLLOWING COURSES AND DISTANCES: NORTH 61
DEGREES 26 MINUTES EAST 1401.84 FEET TO A POINT; SOUTH 49 DEGREES 41
' MINUTES EAST 1247.40 FEET TO A POINT; NORTH 78 DEGREES 32 MINUTES EAST
978.12 FEET TO A POINT; NORTH 46 DEGREES 44 MINUTES EAST 1026.96 FEET
TO A POINT; NORTH 89 DEGREES 36 MINUTES EAST 751.08 FEET TO A POINT;
' SOUTH 43 DEGREES 16 MINUTES EAST 114.08 FEET TO A POINT; NORTH 84
DEGREES 47 MINUTES EAST 1498.20 FEET TO A POINT; SOUTH 67 DEGREES EAST
742.40 FEET TO A POINT; SOUTH 10 DEGREES 42 MINUTES EAST 2451.80 FEET
' TO A POINT AND SOUTH 30 DEGREES 20 MINUTES WEST 856.68 FEET TO THE
POINT AND PLACE OF BEGINNING, AND CONTAINING 221.1 ACRES MORE OR LESS
AND AS SHOWN ON A MAP OF GREEN'S THOROUGHFARE ISLAND RECORDED IN BOOK
' 9, PAGE 34, CRAVEN COUNTY REGISTRY.
SAVE AND EXCEPT THERE FROM: (1) ALL OF THAT TRACT DESCRIBED IN DEED
DATED APRIL 3, 1980 FROM JOHN A. JACKSON AND WIFE, D. J. JACKSON, TO
' HENRY J. CARAWAN AND ALEXANDER WIGGINS, RECORDED IN BOOK 88 AT PAGE 349
IN THE OFFICE OF THE REGISTER OF DEEDS OF CRAVEN COUNTY; (2) THAT TRACT
DESCRIBED IN DEED DATED JULY 1, 1879 FROM JOHN A. JACKSON AND WIFE, D.
1 J. JACKSON, TO EPHRAIM A. ADKINS, RECORDED IN BOOK 80, AT PAGE 456 IN
THE OFFICE OF THE REGISTER OF DEEDS OF CRAVEN COUNTY; AND (3) ALL OF
THAT LAND LYING WITHIN THE NEUSE RIVER AND GREEN THOROUGHFARE AS SHOWN
' ON THE ABOVE DESCRIBED MAP RECORDED IN BOOK 9, PAGE 34, CRAVEN COUNTY
REGISTRY.
THE ABOVE DESCRIBED PROPERTY IS ALL OF GREEN'S THOROUGHFARE ISLAND
' (EXCEPT AS STATED ABOVE) AND IS THE SAME PROPERTY CONVEYED TO THE
GRANTORS HEREIN BY DEED RECORDED IN DEED BOOK 1789, PAGE 151 OF THE
CRAVEN COUNTY REGISTRY.

Page 2

INVESTORS TITLE INSURANCE COMPANY
A Stock Company
' P.O. Drawer 2687
Chapel Hill, North Carolina 27515-2687

Policy No. 200202555G
SCHEDULE B
EXCEPTIONS FROM COVERAGE
t This Policy does not insure against loss or damage (and the Company will not pay
costs, attorneys' fees or expenses) which arise by reason of:
' I. The lien of the security instrument reflected in Item 4, Schedule A, if any
be shown.
II. The dower, curtesy, homestead, community property, or other statutory
marital rights, if any, of the spouse of any individual insured.
III.
1. Taxes for the year 2002, and subsequent years, not yet due and payable.
'
2. Title to that portion of insured premises lying below the mean high water mark of
Neuse River.
' 3. Riparian rights incident to insured premises.
4. Encroachments, overlaps, boundary line disputes, variations or shortages in area or
content, roads, streams, ways or easements or claims of easements, riparian rights and
title to filled in land, and any other matters which would be disclosed by an accurate
survey of the premises.

Page 3

III. CROOM SITE

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?DEWEY MOORING, JR.
ATTORNEY AT LAW
LA GRANGE, N. C.
' 28551

OFFICE C- ?.

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8K 1232PG0890
MARGARET SEYMOUR
REGISTER OF DEEDS
This instrument was prepared byLT_WRG9lalMng, Jr., Attorney at Law, La Grange, NC.
THE ATTORNEY PREPARM rNWktTWNT HAS MADE NO RECORD SEARCH OR
TITLE EXAMINATION UNLESS THE SAME IS SHOWN BY HIS WRITTEN AND SIGNED
CERTIFICATE.
NORTH CAROLINA
LENOIR COUNTY

THIS DEED, made and entered into this day of August, 2001, by and between
ELEANOR HARDY CROOM, Widow, of Lenoir County, North Carolina, Grantor, to
RESTORATION SYSTEMS, LLC, a North Carolina limited liability company, with offices in
Wake County, North Carolina, Grantee.
WITNESSETH:
That the Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable considerations to Grantor in hand paid by the said Grantee, the receipt of which is
hereby acknowledged, has bargained and sold and by these presents does grant, bargain, sell and
convey unto the said Grantee and Grantee's successors and assigns, a certain tract or parcel of land
lying and being in Trent Township, Lenoir County, North Carolina, and being more particularly
described as follows:
Beginning at a control corner, an iron rod set, labelled Point "A" on a map
entitled, "Survey of Property to be Conveyed to RESTORATION SYSTEMS, LLC,
`Eleanor H. Croom Tract,' Trent Twp., Lenoir Co., N.C.," dated July 27, 2001,
prepared by Robert Gary Fields, RLS L-2506, said map hereinafter referred to as
Fields map; said beginning point, Point "A," being located the following courses and
distances from the centerline of intersection ofNCSR 1152 (Hardy Bridge Road) and
NCSR 1300 (Davis-Hardy Road):

(1) S. 45-53-12 E. 1,316.76 feet to a point in the centerline ofNCSR
No. 1300;
(2) Thence N. 34-15-00 E. 1,640.91 feet to an iron rod set, a control
corner, Point "D" on said Fields map;
(3) Thence a new line, separating the hereinafter described 13.07-acre
tract n said Fields map from the remainder of Tract 3, Map Book 13, Page 9, Lenoir
?,rr
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11

' DEWEY MOORING, JR
ATTORNEY AT LAW
LA GRANGE, N. C.
28551

B? iA3a 6 Pqo-A
County Registry, N. 48-48-11 W. 357.98 feet to an iron stake set, a control corner,
Point "A" on said Fields map, the point and place of beginning.
Thence from said beginning point, so located, with the west line of Joyce
Hardy Avery and Joy Avery Heath (Tract 2A, M.B. 13, P. 9, LCR), N. 34-15-00 E.
1,795.00 feet to Point "B" on said Fields map, on the south side of Neuse River;
thence with Neuse River in a southeasterly direction, 594.00 feet more or less, to
Point "C," on said Fields map, on the south side of Neuse River, the same point as
indicated by a stake at the northeast corner of Tract 3, Map Book 13, Page 9, Lenoir
County Registry; thence with the east line of Tract 3, Map Book 13, Page 9, Lenoir
County Registry (John S. Davis, Jr.'s west line), S. 34-15-00 W. 1,409.09 feet to
Point "D" on said Fields map; thence a new line separating the 13.07-acre tract from
the remainder of Tract 3, Map Book 13, Page 9, Lenoir County Registry, N. 48-48-
11 W. 357.98 feet to the point and place of beginning, Point "A" on said Fields map,
containing 13.07 acres, more or less, as depicted on said Fields map, and being the
northernmost part of Tract 3, Map Book 13, Page 9, Lenoir County Registry. Said
Fields map being recorded in Plat Cabinet Page ;a &Y, Lenoir County
Registry.
TOGETHER WITH AN EASEMENT OR RIGHT OF WAY TWELVE
FEET IN WIDTH, for ingress, egress and regress to NCSR 1152 as originally
depicted on that map entitled, "J. R. Hardy Sr., Division Map, Trent Township,
Lenoir County, N.C," prepared by Kenneth R. Noble, RS L-922, dated May 29, 1968,
and recorded in Map Book 13, Page 9, Lenoir County Registry, plus a proposed new
easement or extension of said old easement, to the eastern property line of Tract 3,
Map Book 13, Page 9, Lenoir County Registry, all as more particularly described
hereinafter. Said existing easement and extension of said easement being depicted on
a map entitled, "Survey of Property to be Conveyed to RESTORATION SYSTEMS,
LLC, `Eleanor H. CroomTract,' Trent Twp., Lenoir Co., N.C.," dated July 27, 2001,
prepared by Robert Gary Fields, RLS L-2506, said map hereinafter referred to as
Fields map; the north line of said existing easement and proposed extension being
more particularly described from said Fields map as follows:
Beginning at a RR Spike Found in the centerline ofNCSR 1152, said point of
beginning being N. 32-58-14 E. 1,656.55 feet from a RR Spike Found at the
intersection of the centerlines of NCSR 1300 and NCSR 1152; thence from said
beginning point, S. 48-12-41 E. 386.11 feet to a concrete monument found, the
southeast corner of Eloise H. Croom (now or formerly); thence across Tract 2-A,
Map Book 13, Page 9, Lenoir County Registry, S. 38-48-26 E. 428.03 feet to a
concrete monument found; thence S. 49-00-00 E. 188.00 feet to Point "A" on said
Fields map; thence S. 48-48-11 E. 357.98 feet to Point "D," a control corner, in the
eastern line of Eleanor H. Croom's property (Tract 3, MB 13, Page 9, LCR), said
Point "D" on said Fields map being located northwardly along the Croom-Davis
property line N. 34-15-00 W. 1,640.91 feet from where said Croom-Davis common
property line intersects the centerline ofNCSR 1300. Said Fields map being recorded

r BKI232PGO89I
' in Plat Cabinet, Page, Lenoir County Registry.
' For back reference see that deed dated May 30, 1968, recorded in Book 592, Page
16, Lenoir County Registry.
' TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and

' appurtenances thereunto belonging to the said Grantee and Grantee's successors and assigns forever.
And the said Grantors do covenant that Grantors are seized of said premises in fee and have
r the right to convey the same in fee simple; that the same is free and clear from encumbrances and that
Grantors will warrant and defend the said title to the same against the claims of all persons
whomsoever, except for the following:
' 1. Subject to 2001 ad valorem taxes, to be prorated at closing.
2. Subject to the riparian rights of others in the Neuse River.
r 3. Subject to any easements, rights of way or restrictions of record, if any.
IN TESTIMONY WHEREOF, the said Grantor has hereunto set Grantor's hand and seal,
r the day and year first above written.

r VJ (SEAL)
ELEANOR HARDY CIROOM, Widow
STATE OF NO Tl? H CAROLINA
' COUNTY OF _?

r I, Z--L 1%
1 , a Notary Public in and for said State and County, do
hereby cert ' t ELEANOR HARDY CROOM, Widow, personally appeared before me this day
and aale7 w es fed t? a due execution of the foregoing instrument for the purposes therein expressed.
r
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igd?ES?°.ihyand and notarial seal, this the C?' day of August, 2001.
L C, o V e

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JR r?s ?`°'•.°°.°°°°°' ?eaAc Notary Public
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LA GRANGE, N. G.
r NORTH CAROLINA: Lenoir
The foregoing certificates of
».». N. P. of
are certified to be correct.
Filed for registrati on at . ...1....»..1». o'clock--... ......».» M tuts . >/ ».»..» ..-.day of »».... .... U..... ....
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Marg our, gisl'OrQ(/D
CORPORATE RESOURCES By .................. .. ..............` / .............?
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' INVESTORS TITLE INSURANCE COMPANY
A Stock Company
P.O. Drawer 2687
Chapel Hill, North Carolina 27515-2687
' OWNER'S POLICY OF TITLE INSURANCE
r SCHEDULE A
' Policy Number 200101653GL Policy Date 0813112001 Time 04:38 PM
Amount of Insurance
1. Name of Insured Restoration Systems, LLC
2. The estate or interest in the land which is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in the Insured.
4. The land herein described is encumbered by the following mortgage and
,
Issued through the Office of:
Investors Title Insurance Company
203 E. Walnut Street
P.O. Box 1438
Goldsboro, NC 27533-1438
assignments, if any:
N/A
and the mortgages, if any, shown in Schedule B hereof.
5. The land referred to in this Policy is in the
' State of NC County of Lenoir
and described as follows:
BEGINNING AT A CONTROL CORNER, AN IRON ROD SET, LABELLED POINT "All ON A
MAP ENTITLED, "SURVEY OF PROPERTY TO BE CONVEYED TO RESTORATION
SYSTEMS, LLC, 'ELEANOR H. GROOM TRACT,' TRENT TWP., LENOIR CO., N. C.
DATED JULY 27, 2001, PREPARED BY ROBERT GARY FIELDS, RLS L-2506, SAID
MAP HEREINAFTER REFERRED TO AS FIELDS MAP; SAID BEGINNING POINT, POINT
"A," BEING LOCATED THE FOLLOWING COURSES AND DISTANCES FROM THE
CENTERLINE OF INTERSECTION OF NCSR 1152 (HARDY BRIDGE ROAD) AND NCSR
1300 (DAVIS-HARDY ROAD)
1 (1) S. 45-53-12 E. 1,316.76 FEET TO A POINT IN THE CENTERLINE OF NCSR
NO. 1300;
(2) THENCE N. 34-15-00 E. 1,640.91 FEET TO AN IRON ROD SET, A CONTROL
CORNER, POINT "D" ON SAID FIELDS MAP;
(3) THENCE A NEW LINE, SEPARATING THE HEREINAFTER DESCRIBED 13.07-ACRE
' TRACT ON SAID FIELDS MAP FROM THE REMAINDER OF TRACT 3, MAP BOOK 13,
PAGE 9, LENOIR COUNTY REGISTRY, N. 48-48-11 W. 357.98 FEET TO AN IR
ON
Authorized Countersignature
Page 1
' INVESTORS TITLE INSURANCE COMPANY
A Stock Company
P.O. Drawer 2687
Chapel Hill, North Carolina 27515-2687
Policy No. 200101653GL
STAKE SET, A CONTROL CORNER, POINT "A" ON SAID FIELDS MAP, THE POINT
AND PLACE OF BEGINNING.
THENCE FROM SAID BEGINNING POINT, SO LOCATED, WITH THE WEST LINE OF
JOYCE HARDY AVERY AND JOY AVERY HEATH (TRACT 2A, M.B. 13, P. 9, LCR),
N. 34-15-00 E. 1,795.00 FEET TO POINT "B" ON SAID FIELDS MAP, ON THE
SOUTH SIDE OF NEUSE RIVER; THENCE WITH NEUSE RIVER IN A SOUTHEASTERLY
DIRECTION, 594.00 FEET MORE OR LESS, TO POINT "C," ON SAID FIELDS MAP,
ON THE SOUTH SIDE OF NEUSE RIVER, THE SAME POINT AS INDICATED BY A
STAKE AT THE NORTHEAST CORNER OF TRACT 3, MAP BOOK 13, PAGE 9, LENOIR
COUNTY REGISTRY; THENCE WITH THE EAST LINE OF TRACT 3, MAP BOOK 13,
' PAGE 9, LENOIR COUNTY REGISTRY (JOHN S. DAVIS, JR.'S WEST LINE), S.
34-15-00 W. 1,409.09 FEET TO POINT "D" ON SAID FIELDS MAP; THENCE A NEW
LINE SEPARATING THE 13.07-ACRE TRACT FROM THE REMAINDER OF TRACT 3, MAP
BOOK 13, PAGE 9, LENOIR COUNTY REGISTRY, N. 48-48-11 W. 357.98 FEET TO
THE POINT AND PLACE OF BEGINNING, POINT "A" ON SAID FIELDS MAP,
CONTAINING 13.07 ACRES, MORE OR LESS, AS DEPICTED ON SAID FIELDS MAP,
AND BEING THE NORTHERNMOST PART OF TRACT 3, MAP BOOK 13, PAGE 9, LENOIR
COUNTY REGISTRY. SAID FIELDS MAP BEING RECORDED IN PLAT CABINET
PAGE 7, PAGE 264, LENOIR COUNTY REGISTRY.
' TOGETHER WITH AN EASEMENT OR RIGHT OF WAY TWELVE FEET IN WIDTH, FOR
INGRESS, EGRESS AND REGRESS TO NCSR 1152 AS ORIGINALLY DEPICTED ON THAT
MAP ENTITLED, "J.R. HARDY SR., DIVISION MAP, TRENT TOWNSHIP, LENOIR
COUNTY,N.C," PREPARED BY KENNETH R. NOBLE, RS L-922, DATED MAY 29,1968,
AND RECORDED IN MAP BOOK 13, PAGE 9, LENOIR COUNTY REGISTRY, PLUS A
PROPOSED NEW EASEMENT OR EXTENSION OF SAID OLD EASEMENT, TO THE EASTERN
' PROPERTY LINE OF TRACT 3, MAP BOOK 13, PAGE 9, LENOIR COUNTY REGISTRY,
ALL AS MORE PARTICULARLY DESCRIBED HEREINAFTER. SAID EXISTING EASEMENT
AND EXTENSION OF SAID EASEMENT BEING DEPICTED ON A MAP ENTITLED,
' "SURVEY OF PROPERTY TO BE CONVEYED TO RESTORATION SYSTEMS, LLC,
'ELEANOR H. CROOM TRACT,' TRENT TWP., LENOIR CO., N.C.," DATED JULY 27,
2001, PREPARED BY ROBERT GARY FIELDS, RLS L-2506, SAID MAP HEREINAFTER
REFERRED TO AS FIELDS MAP; THE NORTH LINE OF SAID EXISTING EASEMENT AND
' PROPOSED EXTENSION BEING MORE PARTICULARLY DESCRIBED FROM SAID FIELDS
MAP AS FOLLOWS:
BEGINNING AT A RR SPIKE FOUND IN THE CENTERLINE OF NCSR 1152, SAID
POINT OF BEGINNING BEING N. 32-58-14 E. 1,656.55 FEET FROM A RR SPIKE

t

Page 2

INVESTORS TITLE INSURANCE COMPANY
A Stock Company
P.O. Drawer 2687
Chapel Hill, North Carolina 27515-2687

Policy No. 200101653GL
FOUND AT THE INTERSECTION OF THE CENTERLINES OF NCSR 1300 AND NCSR
' 1152; THENCE FROM SAID BEGINNING POINT, S. 48-12-41 E. 386.11 FEET TO A
CONCRETE MONUMENT FOUND, THE SOUTHEAST CORNER OF ELOISE H. CROOM (NOW
OR FORMERLY); THENCE ACROSS TRACT 2-A, MAP BOOK 13, PAGE 9, LENOIR
COUNTY REGISTRY, S. 38-48-26 E. 428.03 FEET TO A CONCRETE MONUMENT
FOUND; THENCE S. 49-00-00 E. 188.00 FEET TO POINT "A" ON SAID FIELDS
MAP; THENCE S. 48-48-I1 E. 357.98 FEET TO POINT "D," A CONTROL CORNER,
' IN THE EASTERN LINE OF ELEANOR H. CROOM'S PROPERTY (TRACT 3, MB 13,
PAGE 9, LCR), SAID POINT "D" ON SAID FIELDS MAP BEING LOCATED
NORTHWARDLY ALONG THE CROOM-DAVIS PROPERTY LINE N. 34-15-00 W. 1,640.91
FEET FROM WHERE SAID GROOM-DAVIS COMMON'PROPERTY LINE INTERSECTS THE
CENTERLINE OF NCSR 1300. SAID FIELDS MAP BEING RECORDED IN PLAT CABINET
7, PAGE 264, LENOIR COUNTY REGISTRY.
' FOR BACK REFERENCE SEE THAT DEED DATED MAY 30, 1968, RECORDED IN BOOK
592, PAGE 16, LENOIR COUNTY REGISTRY.

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1

INVESTORS TITLE INSURANCE COMPANY
A Stock Company
P.O. Drawer 2687
Chapel Hill, North Carolina 27515-2687
Policy No. 200101653GL
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This Policy does not insure against loss or damage (and the Company will not pay
costs, attorneys' fees or expenses) which arise by reason of:
I. The lien of the security instrument reflected in Item 4, Schedule A, if any
be shown.
II. The dower, curtesy, homestead, community property, or other statutory
marital rights, if any, of the spouse of any individual insured.
III.
1. Taxes for the year 2001, and subsequent years, not yet due and payable.
2. Subject to matters shown on plat recorded in Plat Cabinet 7 at Page 264, and Map
Book 13 at Page 9.
3. Rights of others for ingress and egress purposes in and to the use of the 12-foot
easement or right-of-way located on insured premises
4. Title to that portion of insured premises lying below the mean high water mark of
the Neuse River.
5. Riparian rights incident to insured premises.
Page 4

BK 1228PGO638 INDEXEC)
MARGARET SEYMOUR
REGISTER OF DEEDS
M?
LENOIR COUNTY NO TITLE EXAMINATION REQUESTED OR?PERFORMED
r
01 AUG - Prepared by: William W. Gerrans
I ?
, "Jl?v
NORTH CAROLINA :...
WARRANTY DEED
' LENOIR COUNTY dale --
' THIS DEED, made this 31st day of July, 2001, by ELOISE
HARDY CROOM (Widow), JAMES BRUCE CROOM and wife, VIOLET CROOM By
And Through Her Attorney-In-Fact James Bruce Croom, Grantors; to
RESTORATION SYSTEMS, LLC, Grantee;
' W I T N E S S E T H:
That Grantors, for a valuable consideration paid by
Grantee, the receipt of which is hereby acknowledged, have sold,
and by these presents, do grant, bargain, sell and convey unto
Grantee, its heirs and assigns, that parcel of land lying and being
in Trent Township, Lenoir County, North Carolina, and more
particularly described on Exhibit A attached hereto and
incorporated herein by reference.
This property was conveyed to Grantors by Deed recorded
in the above named County Registry in Book 1043, Page 217.
TO HAVE AND TO HOLD the aforesaid parcel of land and all
' privileges and appurtenances thereto belonging to the Grantee in
fee simple.
And the Grantors covenant with the Grantee that Grantors
are seized of said premises in fee, have the right to convey the
same in fee simple, that the same are free from all encumbrances,
and that Grantors will warrant and defend the title against the
claims of all persons whomsoever, subject to valid and enforceable
easements, rights-of-way and restrictions of record, if any, and a
pro rata share of the current year's ad valorem property taxes.
LENOIR COUNTY NC
6 08/01/2001
$47.00
STATE or _
N_ C)L NA
CAP ? i''
Real Estate
Excise Tax

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11
BK'1228PGO639
The designation Grantors 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.
IN WITNESS WHEREOF, the Grantors have hereunto set their
hands and seals, the day and year first abyve written.
(SEAL)
ELOISE HARDY CROOM
(SEAL)
UMES BRUCE CROOM
VIOLET CROOM
BY (SEAL)
AMES BRUCE CROOM HER
TTORNEY-IN-FACT
STATE OF NORTH CAROLINA
?,AWCOUNTY
I, O,fa ice, , a Notary Public of the
County and State a oresaid, certify that ELOISE HARDY CROOM (WIDOW)
personally appeared before me this day and acknowledged the due
execution of the foregoing instrument. Witness my hand and official
seal or stamp, this s day of July, 2001.
4 per}' •• ?` d? A-
(SEAL)
f ??'iPQ Notary Public
e a o?
r es:
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BKI228PGO640
STATE OF NORTH CAROLINA
t4r4A.nk,
COUNTY
a Notary Public of the
County and State aforesaid, certify that JAMES BRUCE CROOM
person appeared before me this day and acknowledged the due
oe foregoing instrument. Witness my hand and official
exe t7 Kj?T o
_4! se ??$this ?- day of July, 2001.
. = (SEAL)
? o't oc ti ota y Public
o
my-- 9r xpires:
????»a?aaaaa9???
STATE OF NORTH CAROLINA
Lrt. .Q--
-hEid6- i COUNTY
Y
I, ri(1? a Notary Public of the
County and State aforesaid, certify that JAMES BRUCE CROOM,
attorney in fact for VIOLET CROOM, personally appeared before me
this day, and being by me duly sworn, says that he executed the
foregoing and annexed instrument for and in behalf of the said
VIOLET CROOM, and that his authority to execute and acknowledge
said instrument is contained in an instrument duly executed,
acknowledged, and recorded in the office of the Register Of Deeds
in Lenoir County, North Carolina, on the day of ' 1.6iz,nrt
11-1116 , and that this instrument was executed under and by vi tue
of the authority given by said instrument granting him power of
attorney.
I do further certify that the said JAMES BRUCE CROOM acknowledged
the due execution of the foregoing and annexed instrument for the
purposes therein expressed for and in behalf of the said VIOLET
CROOM. epoOlo "h.
0 T. Co,
W i t niqr,;: 7my
July AA$4.
® ° .?
/N a
?s
d official seal or stamp, this .s? day of
My CommiSgTrTi Expires:
LLn C166L-T (SEAL)
No air Public
3

1 .1

BKI 228PGO64I
Beginning at the northeast corner of Lot No. 1C on the map
' hereinafter referred to, said beginning point also being the
northwest corner of Lot No. 4A on said map hereinafter referred to
and runs thence from said point of beginning in a general
northeastwardly direction 554 feet to a stake on the edge of Neuse
River, said point being the northwest corner of Lot No. 2A on the
map hereinafter referred to; runs thence S. 34 deg. 15 min. W.
1,880 feet to a point; runs thence N. 43 deg. 35 min. W. 386 feet
to a spike driven in the center line of N. C. Road No. 1152; runs
thence along and with the center line of said N. C. Road No. 1152
N. 11 deg. 50 min. E. 250.8 feet to another spike in the center
line of said road; runs thence N. 34 deg. 15 min. E. 1,386 feet to
the point and place of beginning. And being Lot No. 4A on the
J. R. Hardy, Sr. Division Map made by Kenneth R. Noble, R. S., on
' May 29, 1968, and appearing of record in the Lenoir County
Registry.
' But said tract or parcel of land is conveyed subject to the right-
of-ways of the highways referred to on said map.
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NORTH CAROLINA! Lenoir Couot ,
Ile foregoing certificates of ....... ........ N. P. of ........ ... ......................
.................................................................................................................................................................................
are certified to be corr ect. ?j Q /
Filed for registration at ...,1/Q...? o'clock.../.A ............. M this ..........?1......................day of. ........... ?.../
• t o Mr, Register of
By M • arge •
CORPORATE RESOURCES By •••••••• •• ••• •• •••••••••••••••

4

' INVESTORS TITLE INSURANCE COMPANY
A Stock Company
` P.O. Drawer 2687
Chapel Hill, North Carolina 27515-2687
6= OWNER'S POLICY
OF TITLE INSURANCE
1
SCHEDULE A
' Policy Number 200101492GL Policy Date 0810112001 Time 11:05 AM
Amount of Insurance
1. Name of Insured RESTORATION SYSTEMS, LLC
2. The estate or interest in the land which is covered by this policy is:
Issued through the Office of:
Investors Title Insurance Company
203 E. Walnut Street
P.O. Box 1438
'
Goldsboro, NC 27533-1438
FEE SIMPLE
3. Title to the estate or interest in the land is vested in the Insured.
4. The land herein described is encumbered by the following mortgage and
assignments, if any:
N/A
and the mortgages, if any, shown in Schedule B hereof.
' S. The land referred to in this Policy is in the
State of NC County of LENOIR
' and described as follows:
BEGINNING AT THE NORTHEAST CORNER OF LOT NO. 1C ON THE MAP HEREINAFTER
REFERRED TO, SAID BEGINNING POINT ALSO BEING THE NORTHWEST CORNER OF LOT NO.
4A ON SAID MAP HEREINAFTER REFERRED TO AND RUNS THENCE FROM SAID POINT OF
' BEGINNING IN A GENERAL NORTHEASTWARDLY DIRECTION 554 FEET TO A STAKE ON THE
EDGE OF NEUSE RIVER, SAID POINT BEING THE NORTHWEST CORNER OF LOT NO. 2A ON
THE MAP HEREINAFTER REFERRED TO; RUNS THENCE S. 34 DEG. 15 MIN. W. 1,880
' FEET TO A POINT; RUNS THENCE N. 43 DEC. 35 MIN. W. 386 FEET TO A SPIKE
DRIVEN IN THE CENTER LINE OF N. C. ROAD NO. 1152; RUNS THENCE ALONG AND WITH
THE CENTER LINE OF SAID N. C. ROAD NO. 1152 N. 11 DEG. 50 MIN. E. 250.8 FEET
TO ANOTHER SPIKE IN THE CENTER LINE OF SAID ROAD; RUNS THENCE N. 34 DEG. 15
MIN. E. 1,386 FEET TO THE POINT AND PLACE OF BEGINNING. AND BEING LOT NO.
4A ON THE J.R. HARDY, SR. DIVISION MAP MADE BY KENNETH R. NOBLE, R.S., ON
MAY 29, 1968, AND APPEARING OF RECORD IN THE LENOIR COUNTY REGISTRY.
' BUT SAID TRACT OR PARCEL OF LAND IS CONVEYED SUBJECT TO THE RIGHT-OF-WAYS OF
1 I Page 1
Authorized Countersignature
1 INVESTORS TITLE INSURANCE COMPANY
' A Stock Company
P.O. Drawer 2687
Chapel Hill, North Carolina 27515-2687
Policy No. 200101492GL
t THE HIGHWAYS REFERRED TO ON SAID MAP.
' SCHEDULE B
EXCEPTIONS FROM COVERAGE
' This Policy does not insure against loss or damage (and the Company will not pay
costs, attorneys' fees or expenses) which arise by reason of:
I. The lien of the security instrument reflected in Item 4, Schedule A, if any
be shown.
II. The dower, curtesy, homestead, community property, or other statutory
marital rights, if any, of the spouse of any individual insured.
' III.
1. Taxes for the year 2001, and subsequent years, not yet due and payable.
' 2. Rights of others for ingress and egress purposes in and to the use of the
12-foot right of way easement along an old path along south side of insured premises
' 3. Title to that portion of insured premises within the right-of-way of NCSR
1152.
4. Rights of others which may exist in and to that portion of insured premises
' designated as swamp/marsh land.
5. Title to that portion of insured premises lying below the mean high water mark
1 of Neuse River.
6. Riparian rights incident to insured premises.
' 7. Encroachments, overlaps, boundary line disputes, variations or shortages in
area or content, roads, streams, ways or easements or claims of easements, riparian
rights and title to filled in land, and any other matters which would be disclosed
by an accurate survey of the premises.

Page 2

?g1at INVESTORS TITLE INSURANCE COMPANY
A Stock Company
Dr?4'?y P.O. Drawer 2987
Chapel Hill, North Carolina 27515-2887
ENDORSEMENT
Endorsement Number 001
Attached to and made a part of Investors Title Insurance Company
Policy Number 200101492GL
ALTA OWNER'S POLICY (1992)
I
The above mentioned policy of title insnranae is hereby amended to delete item(s)
==dmw 4 under Sahednle a in its entirety.
' OWNER OF PROPERTY: RESTORATION SYSTEMS, LLC
The total liability of the Company under said policy and any endorsements
attached thereto shall not exceed, in the aggregate, the face amount of said
1 policy and costs which the company is obligated under the provisions of said
policy to pay.
This endorsement is made a part of said policy and is subject to the schedules,
conditions, stipulations and terms thereof, except as modified by the provisions
hereof.
Date Issued 04/17/2002 Executed on behalf of
Investors Title Insurance Company
Authorized Countersignature

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IV. HOLLAND SITE

6KI249PG01.12.
MARGARET SEYMOUR
REGISTER OF DEEDS
1 LENOIR COUNTY

02 JAN -2 PH 12: 4 4 ?

LENOIR COUNTY NC 01/02/2002 0FHCE
$38.00
STATE OI
H

T -
oMINA? ? Real Estate i
fyp ,
Excise Tax date 1 _ 1

This instrument was prepared by T. Dewey Mooring, Jr., Attorney at Law, La Grange, NC.
'
THE ATTORNEY PREPARING THIS INSTRUMENT HAS MADE NO RECORD SEARCH OR
1 TITLE EXAMINATION UNLESS THE SAME IS SHOWN BY HIS WRITTEN AND SIGNED
CERTIFICATE
.
1 NORTH CAROLINA
LENOIR COUNTY

' THIS DEED, made and entered into this- s day of , 2001, by
and between ELLIS RAY HOLLAND and wife, DEA
NA HOLLAND, and SHERRY PAGE
1 BEASLEY (formerly Sherry Page Holland) and husband, TERRY SANFORD BEASLEY, all
of Lenoir County, North Carolina, Grantor, to RESTORATION SYSTEMS, LLC, a North
Carolina limited liability company, with offices in Wake County, North Carolina, Grantee.
1 WITNESSETH
:
1 That the Grantors for and in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable considerations to Grantors in hand paid by the said Grantee, the receipt of which is
1 h
b
k
l
d
d
ere
y ac
now
e
ge
, have bargained and sold and by these presents do grant, bargain, sell and
1 convey unto the said Grantee and Grantee's successors and assigns, a certain tract or parcel of land
lying and being in Moseley Hall Township, Lenoir County, North Carolina, and being more
OEWEY MOORING, JR.
I
ATTORNEY AT LAW particularly described as follows:
LA GRANGE, N. C.
1 28551
Lying and being in Moseley Hall Township, Lenoir County, North Carolina, and being
on and adjoining the north side of U.S. Hwy. 70 and being on and adjoining the west
1 $, ?
3
a?6
i

BKI249PGO113
side of Bear Creek and being more particularly described as follows:
BEGINNING at a point in the centerline of Bear Creek, said point being the
southeasternmost corner of a tract of land conveyed to Restoration Systems, LLC by
Martha G. Mooring and recorded in Deed Book 1191, Page 843, Lenoir County
Registry, and being shown upon a map entitled, "Survey of Property to be Conveyed
to RESTORATION SYSTEMS, LLC, `Martha G. Mooring, Tract,"' prepared by
Robert G. Fields, PLS L-2506, and being dated August 29, 2000, said beginning point
also being the northernmost corner of a tract of land conveyed to Ellis Ray Holland
and wife, Sherry Page Holland, by deed recorded in Deed Book 771, Page 35, Lenoir
County Registry, and runs thence from said beginning point with the line of
Restoration Systems, LLC, S. 83-56-55 W. 37.00 feet to an iron rod on the west bank
of Bear Creek; thence continued S. 83-56-55 W. 1324.64 feet to an iron rod, the
southeasternmost corner for the above mentioned Restoration Systems, LLC
property; thence continued S. 83-56-55 W. and with the line of Martha G. Mooring
116.82 feet to a concrete monument, the northernmost corner of a tract of land
conveyed to Sleepy Creek Farms, Inc., by deed recorded in Book 769, Page 446,
Lenoir County Registry; thence with the line of Sleepy Creek Farm, Inc., S. 13-03-05
E. approximately 139.27 ft to a point on the northern right of way line of US Hwy 70;
thence with the northern right of way line of US Hwy 70 in an easterly direction to
the centerline of Bear Creek; thence up the centerline of the run of Bear Creek it's
various courses and distances in a general northerly direction to the POINT OF
BEGINNING, and being all that property conveyed to Ellis Ray Holland and wife,
Sherry Page Holland by deed recorded in Deed Book 771, page 35, Lenoir County
Registry.
For back reference see that deed dated October 12, 1972, recorded in Book 771,
Page 35, Lenoir County Registry.
TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and
appurtenances thereunto belonging to the said Grantee and Grantee's successors and assigns forever.
And the said Grantors do covenant that Grantors are seized of said premises in fee and have

OEWEY MOORING, JR.
' ATTORNEY AT LAW
LA GRANGE, N. C.
28551
'

the right to convey the same in fee simple; that the same is free and clear from encumbrances and that
Grantors will warrant and defend the said title to the same against the claims of all persons
whomsoever, except for the following:
1. Subject to 2001 ad valorem taxes.
2. Subject to that Boundary Line Agreement recorded in Book 867, Page 7, Lenoir
County Registry.
3. Right of way of the present US Hwy 70 as shown by that agreement recorded in Book

OEWEY MOORING, JR.
' ATTORNEY AT LAW
LA GRANGE, N. C.
28551
'

BK '12 4 9 PG 01 14
585, Page 710, Lenoir County Registry. This is a limited access highway and this property has no
access to this public road.
4. Easement to the Southeastern Soil & Water Conservation District of Goldsboro, NC,
recorded in Book 500, Page 445, Lenoir County Registry.
5. Easement to the Wayne County Drainage District No. 1 of Goldsboro, NC recorded
in Book 532, Page 682, Lenoir County Registry.
IN TESTIMONY WHEREOF, the said Grantors have hereunto set Grantors' hands and seals,
the day and year first above written.
(SEAL) ?% ?., '-J a < < <, rc (SEAL)
ELLIS RAY HOLLAND DEANA HOLLAND
izx_ d"-4,SEAL)
(SEAL)
PAG EASLEY TER SANF RD BEASL Y
STATE OF NO TH CAROLINA
COUNTY OF ---
I, plc- l . ?? , a Notary Public in and for said State and County, do
hereby certify that ELLIS RAY HOLLAND and wife, DEANA HOLLAND, personally appeared
before me this day and acknowledged the due execution of the foregoing instrument for the purposes
therein expressed.
WITNESS my hand and notarial seal, this the, day of 200
Notary Public
My commission expires: 1
t
BK'1 249PGO I T5
STATE OF NO CAROLINA
COUNTY OF rep ca.,
Notary Public in and for said State and County, do
hereby certify that SHERRY PAGE BEASLEY and husband, TERRY SANFORD BEASLEY,
personally appeared before me this day and acknowledged the due execution of the foregoing
instrument for the purposes therein expressed.
WITNESS my hand and notarial seal, this the- --4day of 200 .
Not Public,
My commission expires:
' bcj\c:\mydocs\rp%lnd&bsly-rsMnsysftm doed
t
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.•JfffGlCi lil?i\
1 e ^ ....«.»....««........
NORTH CAROLINA. Lenoir county . ?w1 P. of.-
N.
» The foregoing certificates of .«.»»........... »» ».» . »» /? »» » » ...» .»....».»» « .» «» «» ».»« » « »« .» ».»».»....«»p....?..
are certified to be correct. this ....»... p..» ».».» day
Filed for registration at .. ? Marga Seymour gtster D/sed1s? l/
B .. ?r
CORPORATE RESOURCES .

1
DEWEY MOORING, JR.
ATTORNEY AT LAW
LA GRANGE, N. C.
28551

INVESTORS TITLE INSURANCE COMPANY
A Stock Company
P.O. Drawer 2687
Chapel Hill, North Carolina 27515-2687
OWNER'S POLICY OF TITLE INSURANCE
SCHEDULE A
Policy Number 200200197CL Policy Date 0110212002 Time 12:44 PM
Amount of Insurance
1. Name of Insured Restoration Systems, LLC
' 2. The estate or interest in the land which is covered by this policy is:
FEE SIMPLE
i 3. Title to the estate or interest in the land is vested in the Insured.
' 4. The land herein described is encumbered by the following mortgage and
assignments, if any:
N/A
1 and the mortgages, if any, shown in Schedule B hereof.
5. The land referred to in this Policy is in the
' State of NC County of Lenoir
and described as follows:
LYING AND BEING IN MOSELEY HALL TOWNSHIP, LENOIR COUNTY, NORTH
CAROLINA, AND BEING ON AND ADJOINING THE NORTH SIDE OF U.S. HWY. 70 AND
BEING ON AND ADJOINING THE WEST SIDE OF BEAR CREEK AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF BEAR CREEK, SAID POINT BEING
THE SOUTHEASTERNMOST CORNER OF A TRACT OF LAND CONVEYED TO RESTORATION
SYSTEMS, LLC BY MARTHA G. MOORING AND RECORDED IN DEED BOOK 1191, PAGE
843, LENOIR COUNTY REGISTRY, AND BEING SHORTY UPON A MAP ENTITLED,
"SURVEY OF PROPERTY TO BE CONVEYED TO RESTORATION, LLC, 'MARTHA G.
' MOORING TRACT,'" PREPARED BY ROBERT G. FIELDS, PLS L-2506, AND BEING
DATED AUGUST 29, 2000, SAID BEGINNING POINT ALSO BEING THE NORTHERNMOST
CORNER OF A TRACT OF LAND CONVEYED TO ELLIS RAY HOLLAND AND WIFE,
Issued through the Office of:
Investors Title Insurance Company
1 203 E. Walnut Street
P.O. Box 1438
Goldsboro, NC 27533-1438
Tel. [phone] [phone]
Fax[phone] [phone]
1
Authorized Countersignal?n-e
Nol lC, L-? ?
Page I
I

1

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1

1

INVESTORS TITLE INSURANCE COMPANY
A Stock Company
P.O. Drawer 2687
Chapel Hill, North Carolina 27515-2687
Policy No. 200200197GL
SHERRY PAGE HOLLAND, BY DEED RECORDED IN DEED BOOK 771, PAGE 35, LENOIR
COUNTY REGISTRY, AND RUNS THENCE FROM SAID BEGINNING POINT WITH THE
LINE OF RESTORATION SYSTEMS, LLC, S. 83-56-55 W. 37.00 FEET TO AN IRON
ROD ON THE WEST BANK OF BEAR CREEK; THENCE CONTINUED S. 83-56-55 W.
1324.64 FEET TO AN IRON ROD, THE SOUTHEASTERNMOST CORNER FOR THE ABOVE
MENTIONED RESTORATION SYSTEMS, LLC PROPERTY; THENCE CONTINUED S.
83-56-55 W. AND WITH THE LINE OF MARTHA G. MOORING 116.82 FEET TO A
CONCRETE MONUMENT, THE NORTHERNMOST CORNER OF A TRACT OF LAND CONVEYED
TO SLEEPY CREEK FARMS, INC., BY DEED RECORDED IN BOOK 769, PAGE 446,
LENOIR COUNTY REGISTRY; THENCE WITH THE LINE OF SLEEPY CREEK FARM,
INC., S. 13-03-05 E. APPROXIMATELY 139.27 FT TO POINT ON THE NORTHERN
RIGHT OF WAY LINE OF US HWY 70; THENCE WITH THE NORTHERN RIGHT OF WAY
LINE OF US HWY 70 IN AN EASTERLY DIRECTION TO THE CENTERLINE OF BEAR
CREEK; THENCE UP THE CENTERLINE OF THE RUN OF BEAR CREEK ITS VARIOUS
COURSES AND DISTANCES IN A GENERAL NORTHERLY DIRECTION TO THE POINT OF
BEGINNING, AND BEING ALL THAT PROPERTY CONVEYED TO ELLIS RAY HOLLAND
AND WIFE, SHERRY PAGE HOLLAND BY DEED RECORDED IN DEED BOOK 771, PAGE
35, LENOIR COUNTY REGISTRY.
FOR BACK REFERENCE SEE THAT DEED DATED OCTOBER 12, 1972, RECORDED IN
BOOK 771, PAGE 35, LENOIR COUNTY REGISTRY.
Page 2

INVESTORS TITLE INSURANCE COMPANY
A Stock Company
' P.O. Drawer 2687
Chapel Hill, North Carolina 27515-2687
I Policy No. 200200197GL
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This Policy does not insure against loss or damage (and the Company will not pay
costs, attorneys' fees or expenses) which arise by reason of:
I. The lien of the security instrument reflected in Item 4, Schedule A, if any
be shown.
II. The dower, curtesy, homestead, community property, or other statutory
marital rights, if any, of the spouse of any individual insured.
III.
1. Taxes for the year 2002, and subsequent years, not yet due and payable.
2. Attention is directed to the fact that the property does not appear to abut a public
road or highway. This policy does not insure title to any right of way or easement over
adjoining or adjacent property to any such public road or highway.

3. Boundary Line Agreement recorded in Book 867 at Page 7.
4. Right of way recorded in Book 585 at page 710.
5. Easement(s) to Southeastern Soil and Water Conservation District of Goldsboro, NC
recorded in Book 500 at Page 445.
6. Easement(s) to Wayne County Drainage Disteict No. 1 of Goldsboro, NC recorded in
Book 532 at Page 682.
7. Rights of others thereto entitled in and to the continued uninterrupted flow of Bear
Creek located on insured premises.
' 8. Encroachments, overlaps, boundary line disputes, variations or shortages in area or
content, roads, streams, ways or easements or claims of easements, riparian rights and
title to filled in land, and any other matters which would be disclosed by an accurate
survey of the premises.

t
Page 3

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V. WIGGINS SITE
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' OhFI:R TO PURCHASE AND CONI•IZAC1'
Restoration Systems, LLC ;is Ictlycl,
hrtcbv ullcts In pu ehasr;ulJ 1 re 1 Ce 1 g l1 nS ep l erp See dttaCheCl ddendl1l11
t?lOII;IcccpI;wicv saidtifIcr.agrees NeIIandConvcy.;III II)alplul,pICCC01 LiI I;nH LICS0IhCdhelkiw,IngCliCrwllialllnlpln,i111CIIIIIOLJICII
aron and such llxfuics anal pcisonal progeny :u :tic lisied hclow (Lolivolvely telcf0•d to as "1hc Plopcily"). upon 1I)r lollowulg boll, nd
undluons, near
1. REAL PROPEIRrY: Located tile city of La Grange ('nllllll, 111
Lenoir Sla(e of NoOh C;uolin:a, being known :IN and more p:ulirulali) desctihrd ns
Sircei Address Zip
LCgalDescrip(ion: (see attachnrt ariinnrlllml
--- ------------
( All A portion of file property in Decd Reletetce: Book 720 , Page No.360 1 nnni r _ County.)
NO'rl{: Prior to signing the offer In Purchase and Conlracl, 13uycr i" adviNed 11, review Restrictive Covenants. if;urv. which nun' linul Ihc u"c of 1110
Violh-tly, and to read the Declaraliun of Restrictive Covenants. Byd.aws. Articles of Incorporation. Rule and RCgulationN, and other eovrtnln:
12. doct tents of Illc owners' associalloll and/tic the subdivision, if applicable.
hI\"1'UI(I:S: The following ileuts, if any, arc included in the purch;uC price lies of liens: any hull(-in appliances. light Iislmes, ieilole Ian".
anached fluor coverings, blinds and shades including window lialdwale. window and dour wlccn", slnnn Nhinduws. Lnmhinalinn loon. ;nvnlnl s.
antennas, %;ilclli(c dishes and receivers, burglar/Ine/sinokc alafnN, p0nl anti spa equilunenl. solar Cling)' systems. all Ulclied Inca) ILC "Greens, ga"
fireplace Insetl.", elecilic plage (look openers with Lnllltuls. outdoor planls alul II'CCN indict than in Inov;thl(- LNt,1111 Y"), 1,Kelball P'A'.
snnacr
sheds. Inallboxes, wall and/kit door ninois, and :111)' netts ollarlted nt ;it ILSC(I to Ihr Plopeny, FXCIi1''I' Ihc following IlGlus:
AL,....
3. PERSONAL PROPERTY: Tile following pet:Ntit1(al property is inchl(Icd in Ihc polL'hase price: None
I'h t(' S 'RICE.: The purchase price is $ uee attached addendum) _ Intl shall he p:ud ;I" lullm •s,
Ilia) $ ?? , EARNLYI' MONEY Dfil'OSlT by ? G;Ish ? personal check ? hank chuck ? ccrtlllcd check ? uUlrt
or Ile deposiled and held in escrow by T. Dewey Moorina, Jr.
11."1'III%V;IgeIII.lnlit the side is dosrd, al Wlueh lints: it lytll he cte•dned to Buyct, or unlit Ihls Conlracl a illhrnvur letIII111a[Cll. InIhc rvrln: (I) Ihn..Ilrl
1101 accepted: or (2) any of Ihc conditions hereto ;tic not Nallshed. Ihcn all earnest mounts shall be Iclurncd to Hit yel. In Ihc Cvatl of hreach nl Ihl"
11111 ;IL1 by SCIICI', upon Hovel's trlhteN(, all Catnel 111011112.1 shall be tetutned hl Buyel, bol such rctutn shall uol of ICCI ;Illy Other ICIVIrdn•" n,:ulahlr
to lho'cr for such hrcach. in (he event this tiller is accepted and 13uyCI I)readles This c0nlraLl, the( ;III earnest monies shall be finicllyd upon Se11Cl's
Icquesl. hill rcceipl of such bole iled earnest monies shall not affect Jny olio re nedie available 10 Seller liar such bleach.
'I'L In the event of a dispttc helweel Seller all Iiuycr uvct Ihc alum or lotlcinuc otC;u ties( money held in csctow by a htokct. Iie hnikut
W0 qunrd by SmI(e law 10 ICUnI "aid c:Irnesl nulnry 111 Ihc hruket's Oust of escrow ;Iccounl until a wrulen wicase Gant Ihr p,ltu12s LOIISCIlllll^ Io its
llspmd kin has been obtnnctl or oillll disbuiscincol 1s onicied by a Loud of competent jurisdiction.
(b) .T ADDITIONAL EARNIIST MONEY DLPOSIT to he paid to ea'nav ;luill nu Luc( than _
LI n a HY ASSUfvIP"rION ill the unpaid pti1WIll' ;it balJncC told JII ubhgatiuns of SCllet tin Ihr existing loan (s)
----
seeured by ;l deed of IILINl nn the Properly ill accordance wilh the allached LuJn Assungtion Addrndulll.
I1 nod lil' SELLER FINANCING in accordance tt 1111 the anached Srllcr 1:ill:ulcing Addenduul.
c) see a IlQ LANCE of Ihc purchase price in cash JI closing.
i. C-$( NDI"I'IONS- (Ste L I ui(Cach blank (hal is 1101 ;a condition to this alllilac(.)
I) The Iltlycr must he able 10 Obtain a loan cununinnent ,it nr hetore n Za CI Relive Ihrnugh Ilic dale of dosing, li" I
I:I IA ? VA (a(Iach.l'IIA/VA financing AJdaulurll) ? Comcnuunal ? Olhcr n/r7 - loan at .I
Fixed Rate ? Adjustable Raw ? Olher: -n,. 4 nI Ille hIIIIcipal Jlalolllll of
?/a for a Icrn nl -nV,a_ yeat(s).:11 an interest (ate nut In exceed _n _'% pct' ;uunnn, (viii
morleage luau dINCOlllll points nut to exceed n1a /, of Ihc loall Illllllulll. Buyer agrees louse his [lest elliuls R, secure well eununiunen. Huvrl
till hC lesptinsible lit all cos(s with fespeel 10 any Iki;ill nblanc'd by fill yet, except 11 SCllcr Is t(1 pay any kit the lit yea's luau closing LONIN IllLlntllrl)-
count poinls, (hose Lost.% arc as Inflows: n/a
Ihc Cvenl Buyer fails to provide Seller with writlcn evidence of the loall L'onlillill ILttl wnlllll live days ;llet receipt of a wrmen icyuesl lion) .Scllrr
(hill such reyuesl play uul be made before the IoJn conuniunenl dale Iisicd ;[[love), Ihcn Seller play Icnnillaic this contract unless Buyer waivr" Ihr
loan culnnilnlcnl condition.
'there must b 11 restrieUnit cascncnl, tuning nr Other govcrnmc lal regulation 1h;d would ptevcnl Ihc reasonable use of Utc read pmpctly liar
a9ricu?tural or wetlands mitigation use porpOS"".
WI 1 Ill ie VIOIIVlly 1uuN1 he in substantially the None ur hello condition ;t closing as ,it Ihc dale of this oiler, Ieawn:Iblc wear and Isar rxecplCd.
Off All deeds uh (nut, liens and littler charges against the Plopetly. not a""0 ned by 80yet, ontsl be pod and salis(Icd by Seller pour In "(.;It Ll... ml
LI) Ihal cancellation (nay be plotnplly uhlailled following cluNlll_l'. Sellcl'sholl I'L•Iltato obllgawd 10 oblalll any SOLI) C MILe1111(IOIIN 1011Owhlg Llusule
I lidr mull lie dGlivrrcd al closing b)' Gl NElZAI_ WARRANT') D1 ED i nlessolhci wis¢ stated hcreni, and owsl he lie snnpfc 1n: ikelabfe title, It,.
all encoolbrmtees except: ad Valoren (axe's fill' dlc coricill year (prt)ralcd through dle dale of closing); ulilily casenlenls and urlvftilned rest]101% C
""Coallis lhal du nut ntawrially afl'ecl Ihc value of (hr Ihnpcily: and such of he'rncufllblaoCCS WS nlay be ;lssuned kit' SpeGiIiClllly ;Ipptovc(l by Iluyct.
I hr Pn Hell)' null have legal acCCNN to ;t public right o1' Way.
SPECIAL ASST{SSME,NI'S: Seller warrants Ihai Illcte arc no goveminciuul special :INscssncnts, either pending or coulonied, fin' sldew;Ilk,
sung, waler, sewer, or other i oprovenlenls on of adjoining Ihc Properly, and no owncl:s' associmion special assesstnen(s. except as follows:
none
(Iusrrl "None- or Ihc ideniheatio11 of such assessnlenN, if ;try.) Srllcr shill pay all cunlirnied owners' ws%ociatinll assesnlcols and :III conlirncd
gove'nnteulal assessments, it any, and Buyer shall lake title Nubjecl to JII pending assessnten(s, if any. unless otherwise agreed ;as lidluws:
nn -
I'1(OIL\'I'IONS AND AD,I lJS'i'MIsN'1'S: UnIeNN nlhcrwuc provided. Ihc 11111uwnlg 1(cnts shall be prur:ued and eilhcr:ulju>(cd bc(e'rcn Ihc pekoes
paid at closing: (:I) All v;ifaitcin (ax-Cs kill read property shAl be plohlicd kill a calcndJr yea l b.lsis Illtuugh Ihc date of closing; (h) Ad vadkilcnl [Jars
,,it personal property fill (tic Cutire year shall he paid by file Seller unlcsN Ihc personal properly is conveyed to Thu Buyer. III which L;uC. (tic personal
folleily laxes shall be prorated tin a calendar year basis Ihrtngh Ihr dale of Closing. (c) All I;Ite listing pcnallics, it ;Illy. shall be paid by Srllcr. (d)
ills. it any. lit the Properly shall be proraled Through Illy dale of dosing. (e) Owners' association dues, and othe?r, like charges shall he prurJlcd
ough Ihc dale of closing. Seller represents that the tegul:o owners' :usocmnoo titles. if ally, Jar S n/a_ pct' a,J/a_.
CLOSING EXPENSES: Seller shall pay liar pl'ellanllioll of a decd'Jlld :III tither docllltletl(s necessary to perform Selle's oblipliuns undo Ihls
Igreenwill, Jnd fur excise tax (revenue stamps) ra)Uircd by law. 130ycr shill pay fur i- Lording Ihc decd and liar ptcparanon and kccotding nI JII
tiunlenls required of secure file balance of the purchase price mlp;lid JI dosing.
FUEL: Huyeragiccs to purchase from Sellerlhe fuel, il'vly, sitilared III Mly I;ulk on file Prupcny at 111c prevailing rue wllh file Cost of licasturncnl
lrnl'.it ;oly,llcing paid by Srllcr.
Ill. EV I DENCE Oh TPI'I,E: SCllcr agrees ill use his ties( d lull" to deliver 10 Hoyc( as soon as rCJSUnably puNsiblc alter Ihr JLLCptancL•. ill taus nl Irk.
Lupics 01;111 title information in possession of or available to Seller, including hill not linliled 10: title insurance policies, attorney's opinions on title.
tlys. covcnulls, deeds. notes and deeds of Oils( ;mLI Ca%cnlcnls relating lu the Properly.
LABOR AND MATERIAL: Shcet shall furnish ;a( dosing an aflldavo and indenuulication agreement in loran N;uislilooly 10 Btlyet showing
;III ld,ot and 1mllcllafs, it;any, IUrnshctl In the I'mperly wilhltl 120 flays pout In Ihc (1:IIc of Closing hJVC been paid 1111 and aglCrnlg to lmlrllullly
Royer against all loss lion any cause or claim arising theldrool.
F,ar
Association Form No. 2, U 1996. This Standard Form has been approved Ioarlly by Ilia:
,I
by Agreement with the NC Bar Association- 1981 NORTH CAROLINA BAR ASSOCIATION - NC Bo, Form No. 2
as W ll-, P. Co .Inc • Bns 127 yanx?nvalr. NC 27055 NORTH CAROLINA ASSOCIATION OF RFALTORSM, WC. - Sland; I Fmm Nn. 2
11. PROPERTY DISCLOSURI': r\I\'I) IN.SPVCPIONS:
pal Properly I)1,,lnsurc:
? l4uacr Ilas rl•lelyC(l a'Il',o'.d 1o1v (d fhr. Ron ell(I:ll hopclly Doi lm.nC .Cl.llcrnrnl 111.... to the SII,1111Ig oI Ih1' OfIcl to Purrha,c and C-111;Ir1
? IlLINIL l;ls NO I- rcCci%cd n Ilgncd copy ill the RL•IIdcIIII.II I'InlWttn' DI\Llll HIC SIMCMUIll [)t for 10 file signing (11 plus 01 let It) Pill, 11,1w and ('untrlt
;Intl hall hay'. the IILhl It' ICI IIIII1;1(C Of wllhdraw Ihi\ L(I1111:ICI \vilhoul Ili natty upon TcLclpl ill the Residcnli;ll Properly Diseluwle Skilelrlcul provided
such IrnlIOU11 nl Ol %vIIII ha\\':II loncC is 11:111d ll C'IIVVo!d Ur Illallcd u) Scllcl III Scllcl'' ACe111 \vithin Ihrcc d;l),s fullowilly re CC111t 01':InC.
M I'.\'.myif IIto ItI Rc' It I eIIII. I I PIoper Iy Disclu\ure SI:it cnlcnl heroic (SlAi GU IDIAAN I:S)_ un_impr4v?,d__Iand? --
?'I he I'lupelly I, Ic'Idcnual :Ind \yas huill pilot (0 197S' (Allah Lead-Ita,ed Paint or Lead-H;IScd Pain( I ivalds OmAllsole Addelldlllll.)
(h) Properly Inspeciim): lllllrss oIIIel\\i'e IAWI1 helt in, (1 IN Othcl\L i,c pn)vided nil 011 inspCCliun addcn(Iulll :11(;ICI1elI IICICIO, rluy0's11a11 hayr
the 1111111111 of iu'11rium' 01. Ohl;Iining aI Ihr\er's e\11r0,t. 011ptCdnlls III 11CI1'I'llll11l• file rnndilio0 01 Ihi' 1'rupcrl\,. llrlless olhel\vi,c staled hcreol, it
I, a coOdil'ou oI tills Loutl'llct Iha: (1) life huill-III ;Ippl1ance', cleollral 'v,lenl, IIIulllhiug system, hcaGOL as cupping syslcnu, ro01 c0yerrlc,
h11LIO(i11g flashing alnl gu(ICI'), doors and window" c\fellor'III?Ce','lrurnlral cOilp(HICIIIS (IIIChnllllg Ioull(I:IIIOOS, C(lltllllll S, CIIIIIIIIC VS, IIODI`.
w;111s, Crllings: nd look), 110rchcs and decks, IIrc11laccs ald IIIes, 000\11 spare and conic vcnnhiion systems (if an),), \\•alcr and sewer syslcul, (J)ohI1L
;Irld prn:Irl, s,.11 he pCllollnulg the Iinlchol fur whIL 11 hucndid ;;fill shall not he nI neCd ill 1111111011,( ICpair; 1111 Ihcrc shall he no Lulusual drama,v
ro dillnns of t•vldcnLV 01 r\Ci „I\•c floor 11111C a11 \1C1'rly IIICC101L Ihc'itIII [OIL.('); 0011 (io) therC \11;111 he 110111;11)]C ashCSlus uI c\ISIIIf; ClIVIIOnme1111
Loo1a1II:Inn11. II\I)eChnlF II6F'I be competed 1111 uI below _Il?d-- --- Ifilv('r 1' ; (I\•L I_yl? have ;Iffy IIIS11y?(iirll,
In,itltllLtpJ)I iil.'u J?pemes lot Clo\In"'cod I6 sulllrlenl Ilnlc It.Iy?In11 ;Inv lellulled •p'ur' w he CulpplClell h)' clo'iny,
/d (r) Wood DIS1111y111glnsctls: l}llle.-ollicimsrs611edhClcul hit versh,IIIlwvr(lie npuo0ol0111ainnlg„IIJill vCl,e\pCISC,eIC110111itnllaliC(91s'.d
1 IlI'sl (1111111 111111a:Iol on a'tandanl lot or III 1 cordalic whll Ilk I _ulaoon, 111 Illc Not III (. allhlo SIItIciural I'es1 ('01111(11 IIIIIIItleC, SIMIlig Illat IhcI1
R.I' 0o VI,IIIC Lr\adc0cr 111 \yund dr?nnpnle Insects .Intl Lnnt:unlnL it, IntliLalnm oI \'I\Ihlt' /hlllla el' Illelt'II11111. Pill' I'l'1101'I must he ohlaned In
sunk lint lour so a, h111e111111 IlcalllnVll, if any. ;11111 ICpalr', 11 AIIY. lu hr Cnn1111rlyd prior In CIO I1g. 1\11 IIL';lmCllt rrLphrC11 S11:111 be pad fur hl' Scllcl
;VIII lUlllpll wd poor 111 closiol!. WIICs\ oIItt•I\\ Iw (Ie vcd tlpoll III \\•I IIIIIg I)\ (Ile Ilallles lkItuarr is ;I(IVP yd 111'1 III; IIIIQ0'OP Ic fir Lst'Ilhed Il.
Ihi' I1,IrIlCr.IpII ill ntn ..11\? t•Iy? IIc.11'.IIII • strl1' ur'11 d'1111;w II. (Iani,'IS1' ua•11 LV II Cons or, 1Sanisms Or 11111 II;In \_II di'sIIOVI I;.nis(?\1 . 11 ncw
'onsnui Iloll, St.I let shall pro\Ide a stald.0 it \";,I far,1) 1 IcI II It Of Lira 01'.01
/a ((1) Repairs: PilI\Ilallt tu:lnY 10s11ecG00s m (h) 0nd/or ICI hove. II Ilse Ii 11:111\:fir nliro:u y, SCIICI Cha11 IIIIV/• the 011O0I of (i) LOmI)IL'IIM• IIICIII, III I
In'uviding IIII Ihclr comp lei t oil, or (111) rC1u'o1e Io colnplc lc them. 11 SLIlel clcrls not to Cnmplele Or pnlvnlc fur Ills completion ill the wimp , Ihcn
1111)•Cr 111011 have the 01111011 of (iv) :ICLCITIIIIg the PI011etl\• 111 n' 11fr\Cnl Co11(hnol, or (v) lcoil II:Itillg This eollMicl, on \\'hiCh Caw :III e.lrle'I Innlne\
,IIaII Ill' !l•IIIII(Ie11. U1111:,s ollll•1'WII(•'talt-d heleill. 111:1' olllell\'I'1' )IUeI(h'd IIII :111 i0,11CLlIt off addendum ;IlfaChr(I Ill'lehl, am)' IreI11S 0111 covered by 11,1
111, h fill. h (111) .Ind (c1 :Iho\r a11' c\LIOd Cd hunt 11.11:111 me LnOaI Ills Ilrldil ton, rolitf;I'l.
Iv) Arcypnulcc:LlOtiLN(;ti'll\I.L('t)NS'I'1 "Il "II (\(:C'1•:1''IA\ CIL(-) I\Iti,\\'I)(_OIVI)ImO\',ti IS'1_Ijl)
AItOV_I I\ I l:ti'I'jj h;N h:\Iti'I' LLN' C. C'O L'LJON UNI.h_S.S PROVISII)Llti 111'111 1?1PIS LA-1 -Al -WIMA-?4;,
13. R :\5O;SA It I.R A('CESS: Se IIC I will it 0yid Ie;iNol able .Kee" 11 till yrI Or If 11yet'\ IL'pl esclIIAI VCS IIt lIre Jill 111. 111 111111.111.11, 1111111-LI lull,
'Ind/or vvalo,uno. Iluyel nlav conduct .1 wall, Ihomelt uspCC)unI of the Property pool to cl( sing
I4. CLOSING, (1-mL'h.1Il he del In.d a, Ow d.le and More ill IL'loldllle of the dcrd All parses.ILIec lu c\enle:ul\ auto Al lkll'lMICI11\;11111 11a11i 1'
nrcCSS;uy I11 rn1111CL11011 \vnh CI0sl11g and If lhlCl or 11t1C ()n fir he Lore 60_day-s-frcm_aceeptarxe--af---affe,r.11 ;I J)hCC desigualc(I by hover.
1111' 1111'1111 to III' III:IIIL' 111 ._ . Restorati on_Sy.stems,-
' IS. POSSESSIOIN: (Inlv,\ nlhcn\ ISr provided Ile li ol, po"csslun'I'Al hi di In'rn•d at 0-11111. In lire event 110'sr1I1nl I, NOT In he delm-o'd :u
I. In%oll-. ? :l I'oYvI 116111 helm;. L IOSI0g Ayr CC IIIC Or II .11IAI hell. 01:. ? ;1 11IICI 11011c"loll :Tiler cl(nlllc :1"o-L Inrnl IN :IlaLhcll.
16. OTHER PROVISIONS AND CONUrrIONS: ( rP,l\41LI: ALL ADDENDA '10 T1IIS CONTRACT' AND A'ITACI I HERETO. SIT I-IS I
01: STANDARD FORM ADDIiNDA AVAII.AIWE )
See attached addendum
17, TUSK OF LOSS: 'I he risk Iit lo- of (I:IIIIJL!C h\' IIIe (II' Other 1:11n:111v prior I11 clt)\IIIL' shall Ill' ?pull Seller. 1llhe Ilnplowillents Oil the PrnpcOv
arc destroyed or 111mcoalIv da0aecd 111101 IO CIOsIov. I411yei 111;1\1 ICI 111111:11c Ibis CuluraL'( by \VI11tell 1101 Ice Llrlivered to Set let Of SCIIvi'\ :ILen1 anti :111
d'.pmus shall he 1011111171 1111 hovel. In the earn` 1111 VC1 dues NO I'I'li LI III tcrnunae Ihi' COIII1'IILI, hover shall be (milled to leccive, ifi mItlitilnl to the
Plopelly. any 01 It),! Seller's 111n11l:lllce ptnieeds 11avahli 1111 aWkoum of III( damage III dIS111101011 applicable In the Properly heir ploch.1wd.
13. ASSIGV;\11':N'I:S: I In,,omi.lCl IOl(v 1101 hr a'IleOed \Vllhuot the \\Ihcn (unarm 01 ;111 paroles, hill 11'mmelled by :IL'R'CnleOf, IhCI Ibis (unII;I0
,IIaII be 111101:IL 1111 (III: .IlSit'1ICC :VIII III' hell-' and ,u L'-'NNoIN.
II). PARTIES: Thu cunlracl shllll hr hildiuc upon and '11:111 more to III,- hellelli of file 11:uvcs, LC., ISuyC1 a11d Seller and Ihcn hells. 4K'CL'SSOIs all`
,,,I pus. A\ used IIL'rcln. wolds ill Ilic Ilil;ul:I I Ill. 11111C the plul.ll ,Ind Ihi 111:I1c1111 nc ifiCludCS Ihi ICIIIIIIIIIC and newel grndrl:,, a' 11111 Opt iatc.
20, SURVIVAL: Il?an\• provision herein cmlmlyd \yhic h by its na1111'e :11111 el lecl is Icyulred lobe 0hscrved, kept 0I' pcI IinnlOl :Hier the LIOra11". I
'11a11'm1vivc (Ile cloNolt' and 1'1111:1111 I)IIILIIIIL' 111)(111 :VIII Ill' IIIe h1111I1I (it file 11;OhC\ hereto until lolly 0h'eryed, kept Of performed.
21. ENTIRE. AGREENIT{lNT: 'I'hls e0utrail coni.1I11, fire rnLlrr ;0 ICCnk•nI OI Ihi parues and lhrle are 00 n'11resenl:uiuns. nnluccnleuh of oth11
pnlvi'ursodle.dialIIllosee\p1'I•'sedItel'clll. /\Itch;IIILi\,addiI6gI'ofI'Ictlnlls11c1etOIIILIsthe In \01111111!and siLIIedhv:ill pal'IICS. Noihingc(otmocd
Iu•roul \IIaII :1111r amv avreCnlCnl hoween;I I(1•.AI:I OR"o1 l,Ioker;lnd Seller Of IIuyCI aS(nrlailCd in any Iislilg ;l) rrnu•m, hovel ;n_eney agrCe111e111.
' or:III% Ud69 aL'.lCy .(elect jet t heI\y(•c11 Iheln.
__'. 1•:\I•:CUTION: ' I'huullel II;dI beco11k•ahlndon, v i"1111.1clMlcn'Ignrd hY ho lh Buyer :111d Seller. This contract lse.\eruled under seal i If , Igncd
nolllple olipwil', all of Mirth IoLclher 1omillil11• one and the sail'. in'11unk'III, with :I signed original heir! relain'.d by eR'h pally Illld Ca1I1
Itlir\I:I'Olt"or No"" Iii Iron. :Ind "'I• p:uUc' adopt Ihi \\vrt1 "SIiAL" he'ide their "plaillfe, below.
II YOl I M ) NOT ONIVRS'I'ANI )'I'I IIS O ITIR fO I'I;R('1IASL :\Nl ) ('ON'I'RACI' OR 1717i:l.'I'I IA I' I'I' DOIiS NOT PROVIDI: 1'01: YOI IR
I.I'GAI. NI ADS, YOU SI IOU ID ('ONSDIA' A Not' II I CAROLINA RIiAI. IS'I'ATI'. A'I-I'ORNliY Ill'+01,1; 1'OI) SIGN I'I'.
Ihlyer :0'I:un\vledgrs having made :ill on-'itv personal v\:onio;ihon of fire Properly prior to the making of this offer.
Restoration stems L )
hovel 6y (SFAL.) Srllcr (SI7-A1.)
KK M iyi?X svrar II it
liuyer ISI;AL) Seller (SFA1.)
Ssn:l.\ Tun ssrra\ Iwo
' I herchv ackuu\,I"I v receipt of (he varne.N monev herviu set forth mid agree In hold and dishurse (he salve in accordance with [lie Icons
hcrcnl.
D"Ic 1:11111: T. Dewey Mooring, Jr.
It),:
? Buyei's Agent
SellOlc Agew/Finn/Phone Acting as ? Dual Agent
? Seller's (suh);1genl
1.1'11111 Ac"I/I'inn/"'"',e Acting as ? Dual Agcnl
' I',a red Irv Jame' Mil'..", 6 ca.. 1111. n'-1996 NC BAR ASSOCIATION -rump Nn. 2 NC ASSOCIATION OF REALTOnSm, INC. - romp Nu

u I
b
;, R'Y A7I
Q ^^
A K.I.ZiUT (ON
-NEV AT LAW
.Ln Ar qE. ?. 0.
¢s a,
-- - n

STATE OF NORTH CAROLINA J 11
COUNTY OF LENOIR E:UO;•, 720 i .L••. JG
THIS DEED, made and entered into this the 14th day of
March, 1978, by and between ROBERT GLENN WIGGINS and wife,
ROSALIND H. WIGGINS, of Lenoir County, State of North Carolina,
parties of the first part; and MILDRED ALICE WIGGINS EDMUNDSON,
of Greene County, State of North Carolina, party of the second
party
W I T N E S S E T H:
That for and in consideration of'-sum of Ten Dollars
($10.00) and other good and valuable consideration to them in
hand this day paid by the said party of the second part, the
receipt of which is hereby acknowledged, the said parties of
the first part have bargained and sold, and do by these presents
bargain and sell, grant and convey unto the said party of the
second part, her heirs and assigns, in fee simple forever all '
of that certain tract or parcel of land lying and being in l
Moseley Hail Township, Lenoir County, North Carolina, and more
jl
particularly described as follows:
BEGINNING at a nail in the La Grange road, the beginning corner
of a tract of land described in a quitclaim deed recorded in
Book 336, page 1, in the Lenoir County Registry, and runs thence Z
with the old road S. 84-18 E. 162.5 feet; and S. 89-03 E. 559.6 fi
feet; and N. 81-07 E. 171.6 feet; and N. 58-57 E. 70.0 feet; and
N. 51-58 E. 357.0 feet; and N. 22-50 E. 166.0 feet; and N. 80-06
E. 882.7 feet to a nail; thence leaving the road N. 15-19 W. 260. ?i
feet to an iron stake; thence S. 73-21 W. 488.15 feet to an iron
stake; thence N. 41-50 W. 264.1 feet; and N. 0-48 E. 364.7 feet;
and N. 41-45 W. 363.7 feet; and N. 1-36 W. 231.05 feet; and N. 47
13 W. 213.6 feet; and N. 3-16 E. 462.4 feet; and S. 86-49 W.
313.45 feet; and N. 2-13 W. 280.6 feet; and N. 50-02 E. 200.8
feet; and N. 0-43 W. 315.15 feet to an iron stake on the ditch
bank; thence down the ditch bank S. 58-18 W. 153.2 feet; and II
S. 31-35 W. 83.8 feet; and S. 62-06 W. 75.4 feet; and S. 32=34 W.
212.24 feet; and S. 30-18 W. 171.7 feet to a stake on the east
bank Q. Bear Creek; thence with Bear Creek S. 5-02 E. 149.0 feet;
and S. '-03 W. 215.25 feet; and S. 16-20 E. 937.1 feet; and
S. 15-24 E. 450.8 feet; and S. 14-53 E. 110.0 feet; and S. 24-17
E. 240.6 feet; S. 30-42 E. 148.05 feet; and S.• 2-09 W. 15F.5 feet;, I
and S. 2-18 E. 409.6 feet to a stake on the west bank of Bear I
Creek N. 72-07 W. 108.0 feet to a stake in the center of the
old mill dam; thence with the old mill dam S. 83-30 W. 686.4 feet ?.
to an iron stake; thence N. 77-16 W. 78.0 feet to an iron stake;
thence S. 9-31 W. 284.6 feet to the point of beginning. And being
the same property conveyed to Mildred Alice Wiggins Edmundson
I .
i

1
i
1
by deed dated October 5, 1967, and recorded in Book 579, Page 257a
Lenoir County Registry.
?-I
CG
C^ TO HAVE AND TO HOLD the aforesaid tract or parcel of
land, together with all privileges and appurtenances thereunto

ZIQ
C` belonging, unto her, the said party of the second part, her I

In heirs and assigns, to hers and their only use and behoof, in
1
?
simple forever.
And the said parties of the first part, for themselves,
their heirs and legal representatives
v
, co
enant to and with. the
said party of the second part, her heirs and assigns, that they I
are seised of the said premises and have a good and lawful right
to convey the same in fee Simple, that the said premises are
free and clear of any and all encumbrances, and that they warrant
and will forever defend the title to the same against the lawful
claims of all persons whomsoever.
I
IN TESTIMONY WHEREOF, the said parties of the first
part have hereunto set "heir hands and affixed their seals, this ?
the day and year first above written.
/ I
/
ENN S (SEAL)
RT
E G ENN W1ludYNS
r
(SEAL)
ROSALIND WIGGI
STATE OF NORTH CAROLINA
COUNTY OF LENOIR
a Notary I
Public in an for cne state and C
ounty a oresaido hereby
if
cert
y that ROBERT GLENN WIGGINS and wife, ROSALIND H. WIGGINS
,
personally appeared before me this day and acknowledged to me
the due execution by them, and each of them, of the foregoing
and annexed deed of conveyance.
•
WITNESS my hand and official seal, this the /'/dYffay of
March, 1978.

NATHAN E. SUTTON Notary Public
ATTORNEY AT LAW
LAGNANOC, MC. II
My commission expires: ?f(PO,

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Appendix D
Map - Geographic Service Area
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Appendix E
Construction Costs

F

Bear Creek-Mill Branch Mitigation Bank
Construction Cost Estimate
Item # Task Estimated Cost
1 Land Acquisition $1,335,000
2 Planning/Permitting Completed
3 Sediment and Erosion Control $30,000
4 Embankment Construction $120,000
5 Channel Construction $67,000
6 Ditch Backfilling $43,000
7 Tree Planting $79,000
8 As-Built Plan $15,000
9 TOTAL $1,689,000

1

Appendix F
Maintenance and Monitoring Costs

t

Bear Creek-Mill Branch Mitigation Bank
Monitoring and Maintenance Cost Estimate
Item # Task Estimated Cost
1 Monitoring Plan Installation $40,000
2 Yearly Monitoring (5 years) $150,000
3 Construction Contingency $100,000
4 Vegetation Contingency $30,000
5 USACE Administrative Expenses $30,000
9 TOTAL $350,000

t
t

1

Appendix G
Form of Preservation Mechanism

t
STATE OF NORTH CAROLINA PERMANENT CONSERVATION EASEMENT
COUNTY OF
BEAR CREEK/MILL BRANCH MITIGATION BANK
' THIS CONSERVATION EASEMENT ("Conservation Easement") made this
day of , 2002, by and between Restoration Systems, L.L. C.,
a North Carolina limited liability company ("Grantor"), and North Carolina Coastal Land
Trust ("Grantee"), a North Carolina non-profit corporation, and approved by the U.S.
Army Corp of Engineers, Wilmington District ("Third Party").
' The designation Grantor and Grantee as used herein shall include said parties,
their 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 nonprofit corporation whose purposes include
the preservation and conservation of natural areas, including wetlands, and is qualified to
be the Grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121-35;
WHEREAS, Grantor desires to convey to the Grantee a conservation easement
placing certain limitations and affirmative obligations on the Property for the protection
of wetlands, scenic, resource, environmental, and other values, and in order that the
Property shall remain substantially in its natural condition forever;
WHEREAS, the purpose of this Conservation Easement is to maintain wetland
and/or riparian resources and other natural values of the Property, and prevent the use or
development of the Property for any purpose or in any manner that would conflict with
the maintenance of the Property in its natural condition.
WHEREAS, the preservation of the Property is required by a Mitigation Banking
Instrument ("MBI") for the Bear Creek/Mill Branch Mitigation Bank, Department of the
Army Action ID199910581, which Mitigation Bank is intended to be used to compensate
for unavoidable wetland impacts authorized by permits issued by the Department of the
Army and 401 Water Quality Certifications issued by the North Carolina Division of
Water Quality;

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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 successors and
assigns, forever and in perpetuity a Conservation Easement of the nature and character
and to the extent hereinafter set forth, over the Property described in Exhibit A, 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 successors and assigns, lessees, agents and licensees.
ARTICLE II
PROHIBITED AND RESTRICTED ACTIVITIES
' Any activity on, or use of, the Property inconsistent with the purpose of this
Conservation Easement is prohibited. The Property shall be preserved in its natural
condition and restricted from any development that would impair or interfere with the
conservation values of the Property.
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Without limiting the generality of the foregoing, but subject to the rights reserved
by Grantor under Article III herein, the following activities and uses are expressly
prohibited, restricted or reserved as indicated hereunder:
A. General. Any activity on or use of the Property inconsistent with the purposes
of this Conservation Easement is prohibited. The Property shall be preserved in its
natural condition and restricted from any use that would significantly impair or interfere
with the conservation values of the Property.
B. Disturbance of Natural Features. Any change, disturbance, alteration or
impairment of the natural features of the Property or any introduction of non-native
plants and/or animal species is prohibited.
C. Construction. There shall be no constructing, erecting 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 Property.
D. New Roads. There shall be no construction of new roads, trails, or walkways
except as permitted in Article III.
E. Utilities. There shall be no construction or placement of utilities or related
facilities.
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F. Pest Control. There shall be no application of pesticides or biological controls,
including for exotic vegetation, without prior written approval from the Grantee.
G. Industrial, Commercial and Residential Use. Industrial and/or commercial
activities, including any right of passage used in conjunction with commercial or
industrial activity, are prohibited on the Property. Residential use of the Property is
prohibited.
H. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, and
horticultural use of the Property is prohibited.
1. Vegetation. "There shall be no clearing, removal, burning, destruction,
harming, cutting or mowing of trees, shrubs, or other vegetation on the Property, except
as expressly authorized by Article III herein.
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J. Si wage. No signs shall be permitted on or over the Property, except the
posting of no trespassing signs, signs identifying the conservation values of the Property,
signs giving directions or proscribing rules and regulations for the use of the Property
and/or signs identifying the Grantor as owner of the property and Grantee as the holder of
the Conservation Easement on the Property.
K. 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 Property is prohibited.
L. Mineral Use, Excavation Dredging. 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 Property, except to restore natural topography or drainage patterns.
M. 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, or impairing the flow or of waters
wetlands within the Property. In addition, diverting or causing or permitting the
diversion of surface or underground water into, within or out of the Property by any
means; removal of wetlands; and polluting or discharging into waters, springs, seeps, or
wetlands is prohibited. Notwithstanding the above, Grantee has the right at its sole
expense to undertake such activities consistent with the restoration of the property and
are designed to maintain the natural drainage patterns, hydrology, natural plant habitat or
wetland values.
N. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Easement shall be transferred pursuant to a

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transferable development rights scheme or cluster development arrangement or
otherwise.
0. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt-bikes, all-terrain vehicles, cars and trucks is prohibited.
P. Other Prohibitions. Any other use of, or activity on, the Property which is or
may become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems, is
prohibited.
ARTICLE III
GRANTOR'S RESERVED RIGHTS
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its
successors and assigns, the following Reserved Rights, which may be exercised upon
providing prior written notice to Grantee and to Third Party, except where expressly
provided otherwise:
A. Landscape Management. Landscape alteration by the Grantor in accordance
with the restoration construction activities as specified in the Detailed Mitigation Plan
and approved in the MBI is allowed, provided that such alteration is consistent with
restoring and/or preserving the natural condition of the Property.
B. Forest Mana eg ment. Clearing and management of timber by Grantor is
allowed to the extent necessary to post and fence the Property, to facilitate the
achievement of the success criteria established in the Mitigation Plan, or to protect the
natural environment in areas where the forest is damaged, or has the potential to be
damaged, by natural forces such as hurricane, flood, storm, fire, insects or infectious
organisms. Such timber and debris clearing must be carried out in a manner that will not
adversely affect the natural condition of the Property, and shall be subject to approval by
the Grantee and Third Party.
C. Recreation. Grantor reserves the right to engage in any and all outdoor
recreational activities, such as hunting and fishing, including the leasing or licensing of
same to private individuals, groups or the general public and the construction and
maintenance of temporary or permanent deer stands, provided that all such activities must
be consistent with the continuing natural condition of the Property and that all hunting
leases must be approved by Grantee. No other written notice to Grantee or Third Party is
required.
1 D. Fences, Road Construction and Maintenance. Grantor reserves the right to
fence and post the Property, to maintain existing roads, trails or walkways and to
construct and maintain new roads, trails, walkways; provided, however, that no new
roads may be constructed without the prior written approval of Third Party.

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E. Wild Turkey Habitat. Grantor reserves the right to work with qualified wildlife
resource organizations to implement a management plan to enhance and restore native
wild turkey population and habitat on the Property, which plan must be approved by the
Grantee and Third Party prior to being implemented.
F. Other Reserved Rights. Grantor reserves the right to engage in all acts or uses
not prohibited by the Restrictions, and which are not inconsistent with the conservation
purposes of this grant, the preservation of the Property substantially in its natural
condition, and the protection of its environmental systems, including, but not limited to,
the right to quiet enjoyment of the Property, the rights of ingress and egress, and the right
to sell, transfer, gift or otherwise convey the Property, 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, and the right to use the Property as part of a
wetland mitigation bank as approved in the MBI from which wetland mitigation credits
are produced and conveyed to other parties.
ARTICLE IV
' GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and Third-
Party, shall have the right to enter the Property at all reasonable times for the purpose of
inspecting said property to determine if the Grantor, its successors, or assigns, is
complying with the terms, conditions, restrictions, and purposes of this Conservation
' Easement. The Grantee shall also have the right to enter and go upon the Property for
purposes of making scientific or educational observations and studies, and taking samples
in such manner as will not disturb the quiet enjoyment of the Property by Grantor. The
easement rights granted herein do not include public access rights.
ARTICLE V
THIRD-PARTY RIGHTS
Grantor and Grantee agree that third-party rights of enforcement shall be held by
Third Party and that these rights are in addition to, and do not limit, the rights of the
parties to the Mitigation Banking Instrument.
ARTICLE VI
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee is allowed to prevent
any activity on or use of the Property that is inconsistent with the purposes of this
Easement and to require the restoration of such areas or features of the Property that may
be been 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
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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 term 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.
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.
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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 Property
resulting from causes beyond the Grantor's control, including, without limitation, fire,
flood, storm, war, civil disturbance, strike, 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 Property resulting from such causes.
ARTICLE VII
MISCELLANEOUS
A. Title. Grantor warrants, covenants and represents that Grantor is the sole
owner and is seized of the Property in fee simple and has good right to make, declare and
impose the aforesaid Conservation Easement; the Property is free and clear of any and all
encumbrances, [except the following described easements leases, restrictions, and rights
of way of record: [describe title exceptions by type of instrument and deed book and
page] j, and that Grantor will warrant and defend title to the same against the claims of all
persons.
B. Subsequent Transfers. 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 Property. Grantor agrees to provide written notice of such transfer
at least thirty (30) days prior to the date of the transfer. Grantor and Grantee agree that
the terms of this Conservation Easement shall survive any merger or the fee and easement
interests in the Property or any portion thereof and shall not be amended, modified or
terminated without the prior written consent and approval of Third-Party.
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C. 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.
D. Extinguishment. In the event that changed conditions render impossible the
continued use of the Property for the conservation purposes, this Conservation Easement
may only be extinguished, in whole or in part, by judicial proceeding.
E. Eminent Domain. Whenever all or part of the Property 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.
F. Proceeds. This Conservation Easement constitutes a real property interest
immediately vested in Grantee. In the event that all or a portion of this Property 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. The parties stipulate that the fair market value of this Conservation Easement
shall be determined by multiplying the fair market value of the Property unencumbered
by this Conservation Easement (minus any increase in value after the date of this grant
attributable to improvements) by the ratio of the value of this easement at the time of this
grant to the value of the Property (without deduction for the value of this Conservation
Easement) at the time of this grant. The values at the time of this grant shall be the values
used, or which would have been used, to calculate a deduction for federal income tax
purposes, pursuant to-Section 170(h) of the Internal Revenue Code (whether eligible or
ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner
consistent with the purposes of this Conservation Easement.
G. 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:
1 Mr. George A. Howard
Restoration Systems, LLC
1101 Haynes Street, Suite 203
Raleigh, NC 27604
Facsimile No.: [phone]
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I To Grantee:
Ms. Camilla Herlevich
North Carolina Coastal Land Trust
3806-B Park Avenue
Wilmington, NC 28403
Facsimile No.: [phone]
To Third Party:
Mr. David Lekson
U.S. Army Corps of Engineers
1 Wilmington District
Washington Regulatory Field Office
107 Union Drive, Suite 202
Washington, NC 27889
Facsimile No.: [phone]
H. Assignment. The parties recognize and agree that the benefits of this
Conservation Easement are in gross and assignable; provided, however, that Grantee
hereby covenants and agrees, that in the event it transfers or assigns this Conservation
F,asement, the organization receiving the interest will be a qualified grantee under N.C.
Gen. Stat. § 121-34 et seq. 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. Assignments shall be accomplished by amendment
of this Conservation Easement pursuant to Section VII K. below.
1. Entire Agreement and Severability. This instrument 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.
J. 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 under § 170(h) of
the Internal Revenue Code, and if within a reasonable period of time after the occurrence
of one of these events Grantee fails to make an assignment pursuant to Section VII H.,
then the Grantee's interest shall become vested in another qualified grantee in accordance
with an appropriate proceeding in a court of competent jurisdiction.
K. 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, including § 170(h) of the Internal Revenue Code, and is consistent with
the conservation purposes of this grant.
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L. Warranty. Grantor warrants 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.
M. Present Condition of the Property. The wetlands, scenic resources,
environmental, and other natural characteristics of the Property, and its current use and
state of improvement, are described in the MBI, dated May 2002, and in the Mitigation
Plan, dated September 1999, 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 these documents. They will be used by the parties to assure that any
future changes in the use of the Property will be consistent with the terms of this
Conservation Easement. However, this paragraph is not intended to preclude the use of
other evidence to establish the present condition of the Property if there is a controversy
over its use.

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(Signatures appear on following page.1

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IN WITNESS WHEREOF, Grantor and Grantee have executed this Conservation
Easement on the date written above to be effective upon the date of recordation in the
County Registry.
Execution by Grantor
Restoration Systems, L.L.C., (SEAL)
a North Carolina limited liability company
By: Restoration Systems, L.L.C.,
a North Carolina LLC,
Manager
By:
Name:
Manager
STATE OF NORTH CAROLINA
COUNTY OF
I, , Notary Public of the County and State aforesaid,
certify that , Manager of Restoration Systems, L.L.C.,
a North Carolina limited liability company, Grantor, personally appeared before me this
day and acknowledged the execution of the foregoing instrument on behalf of the limited
liability company.
WITNESS my hand and official stamp or seal, this day of 2002.
Notary Public
My commission expires:
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SEAL)
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Execution by Grantee
North Carolina Coastal Land Trust,
a North Carolina non-profit corporation
By:
J. Griffin Weld, President
ATTEST:
By:
Camilla M. Herlevich, Assistant Secretary
(corporate seal)
STATE OF NORTH CAROLINA
COUNTY OF
I, , a Notary Public in and for said County and State do hereby
certify that Camilla M. Herlevich personally appeared before me this day and duly
acknowledged that she is the Assistant Secretary of NORTH CAROLINA COASTAL
LAND TRUST, a North Carolina corporation, and that by authority duly given and as
the act of the Company, the foregoing instrument was signed in its name by J. Griffin
Weld, its President, sealed with its corporate seal and attested by her as its Assistant
Secretary.
Witness my hand and official stamp or seal, this the day of 2000.
Notary Public
My commission expires:
Notary Seal
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STATE OF NORTH CAROLINA
COUNTVOF
The foregoing certificate(s) of
Notaries Public, are certified to be correct.
This day of 2002.
Register of Deeds
RAL1,11301 633097.1
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February 2, 2001
N O R T H C A R O L I NA
Coastal Land Trust
Mr. John Preyer
Restoration Systems
307B Middle Street
New Bern, North Carolina 28560
Dear John:

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Thank you so much for meeting with Janice Allen and me on January 30, 2001 regarding your Bear Creek
Mitigation Site in Lenoir County. We both appreciated your detailed maps and presentation of the
mitigation project at this site.
As we highlighted at the meeting, the North Carolina Coastal Land Trust is particularly interested in
conserving large tracts of riparian land, like the Bear Creek site, along the lower Neuse River and some of
it tributaries. The Coastal Land Trust considers the lower Neuse River, south of Goldsboro, to be one of
our priority river reaches warranting conservation attention. Thus, as staff, Janice and I can confirm our
interest in exploring the Coastal Land Trust being the recipient of a conservation easement, and
subsequent fee title, on the Bear Creek Mitigation property. Janice and I see several merits in assisting
with the long-term conservation of this property. However, we will need to present this project, like any
other, to our Board of Directors for formal approval at a Board meeting, with all the detailed information
we usually present.
You also mentioned the possible donation of the 221-acre Greens Thoroughfare property, a bottomland
hardwood island in Craven County, within the Neuse River, to the Coastal Land Trust. Our Board is
likely to be more positive with regard to this property than Bear Creek alone, since it is adjacent to our
existing 1,465-acre Turkey Quarter Island Preserve. We have entered Turkey Quarter Island into the
State Game Lands program, and we would likely do the same with the Greens Thoroughfare tract if we
acquired it.
Thank you again for contacting us regarding the Bear Creek Mitigation Site and Greens Thoroughfare.
We look forward to working with you to compile the additional information to prepare the project for
consideration by our Board of Directors.
Best regards,
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Camilla M. Herlevich
Executive Director
Cc: Ms. Janice Allen
Main Office
3806-B Park Avenue - Wilmington, NC 28403 - [phone] - Fax [phone] - nccoastgwilmington. net
New Bern Office
220 South Front Street - P.O. Box 15451 - New Bern, NC 28561 - [phone] - Fax [phone] • [e-mail]
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Appendix H
Form of Financial Assurance

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Bond No. 103314608
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that we, Restoration Systems, LLC , as Principal, and
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, licensed to do business in the State
of Connecticut, as Surety, are held and firmly bound unto North Carolina Department of Transportation
(Obligee), in the penal sum of Five Hundred Thirty Six Thousand and No/100 ($ 536,000.00 ) Dollars,
lawful money of the United States of America, for the payment of which sum, well and truly to be made, the
Principal and Surety do bind themselves, their heirs, executors, administrators, and successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has
entered into a certain written Contract with the above named Obligee, effectivethe 1st day of September ,
2000, and terminating the Ist day of September , 2005, for Bear Creek - Mill Branch Site Wetland
Mitigation Bank - Monitoring Agreement and more fully described in said Contract, a copy of which is
attached, which Agreement is made a part hereof and incorporated herein by reference, except that nothing
said therein shall alter, enlarge, expand or otherwise modify the term of the bond as set out below.
NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and
faithfully perform the Contract, according to the terms, stipulations or conditions thereof, then this obligation
shall become null and void, otherwise to remain in full force and effect. This bond is executed by the Surety
and accepted by the Obligee subject to the following express condition:
Notwithstanding the provisions of the Contract, the term of this bond shall applyfrom September 1 , 2000,
until September 1 , 2002, and may be extended by the Surety by Continuation Certificate. However, neither
nonrenewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event
of nonrenewal, shall itself constitute a loss to the obligee recoverable under this bond or any renewal or
continuation thereof. The liability of the Surety under this bond and all continuation certificates issued in
connection therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond
or in any additions, riders, or endorsements properly issued by the Surety as supplements thereto.
Sealed with our seals and dated this I st day of September , 2000.
RESTORATION SYSEMS, LLC
/(Principal) (Seal)
(Witness) (Title)

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S-5025 (7/98)
Travelers Casualty and Surety Company of America
c. -
C. Randolph Bishop (Attorney -in-Fact)
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") bath made, constituted and appointed, and do by these
presents make, constitute and appoint: C. Randolph Bishop, Donna B. Christian, Guy B. Proctor, Jr., Stephen S. Knox, Will M.
Poe, of Durham, North Carolina, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign,
execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any
and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or
conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent
as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to
the authority herein given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
' and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recogniuances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
,cruor Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
;sssstant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
is Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
landing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which
(esolution is now in full force and effect:
OTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
Wpowcr of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
urposess only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
'rder+aking to which it is attached.

00 Standard)
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
' signed by their Senior Vice President and their corporate seals to be hereto affixed this 21st day of July, 2000.
STATE OF CONNECTICUT
SS. Hartford
COUNTY OF HARTFORD
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WIRfFORO, s HARTFORD, n 1 f t 2O
CONN. W, CONK u 2? • S Dt
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY

George W. Thompson
Senior Vice President
On this 21st day of July, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn,
did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
* ,gip
My commission expires June 30, 2001 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
WrRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
She State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
orth in the Certificate of Authority, are now in force.
igned and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 1 n r. day of
September , 2000.
?0 Wi1f J'.Oy AN* GA6Uq
Jtl HARTFORD, HARTFORD, c9o 1992 ? c
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Kori M. Johanson
Assistant Secretary, Bond
1
1 THE AMERICAN INSTITUTE OF ARCHITECTS
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AIA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address)
Restoration Systems, LLC
114 White Lake Court
Morrisville, NC 27560
OWNER (Name and Address):
North Carolina Department of Transportation
1 South Wilmington Street, Room 462
Raleigh, NC 27601
SURETY (Name and Principal Place of Business):
Travelers Casualty and Surety Company of America
One Tower Square 3 PB
Hartford, CT 06183
CONSTRUCTION CONTRACT
Date: September 1, 2000
Amount: Two Million Seven Hundred Ninety Four Thousand and Fifty and No/100 Dollars ($2,794,050.00)
Description (Name and Location): Bear Creek - Mill Branch Site Wetland Mitigation Bank - Construction
BOND I
Date (Not earlier than Construction Contract Date): September 1, 2000
Amount: Two Million Two Hundred Fifty Eight Thousand and Fifty and No/100 Dollars ($2,258,050.00)
Modifications to this Bond: X None ? See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Restoration Systems, LLC Travelers Casualty and Surety Company of America
Signature: - Signature:
Name and Title: SrtPyEiu C- Cf4,e[ >, oart?o} Name and Title: Stephen S. Knox, Attorney-in-Fact
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY - Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Greyco Insurance Agency other party):
P.O. Box 242308
Charlotte, NC 28224-2308
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20008 A312-1984 1
THIRD PRINTING • MARCH 1987
1 The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators, 4.4 Waive its right to perform and complete, arrange
successors and assigns to the Owner for the performance for completion, or obtain a new contractor and with
of the Construction Contract, which is incorporated herein reasonable promptness under the circumstances:
by reference. .1 After investigation, determine the amount for
2 If the Contractor performs the Construction Contract, the
Surety and the Contractor shall have no obligation under
this Bond, except to participate in conferences as provided
in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the
Construction Contract. If the Owner, the Contractor
and the Surety agree, the Contractor shall be allowed a
reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's
right, if any, subsequently to declare a Contractor
Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be
declared earlier than twenty days after the Contractor
and the Surety have received notice as provided in
Subparagraph 3.1; and

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3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in
accordance with the terms of the contract with the
Owner.
4 When the Owner has satisfied the conditions of
Paragraph 3, the Surety shall promptly and at the Surety's
expense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the
Construction Contract itself, through its agents or
through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified
contractors acceptable to the Owner for a contract for
performance and completion of the Construction
Contract, arrange for a contract to be prepared for
execution by the Owner and the contractor selected
with the Owner's concurrence, to be secured with
performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in
excess of the Balance of the Contract Price incurred
by the Owner resulting from the Contractor's default;
or

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1 soon as practicable after the amount is
determined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
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5 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right to
complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the
Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for correction
of defective work and completion of the Construction
Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and
resulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Liquidated damages, or if not liquidated damages
are specified in the Construction Contract, actual
damages caused by delayed performance or non-
performance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract
Price shall not be reduced or set off on account of any
such unrelated obligations. No right of action shall accrue
on this Bond to any person or entity other than the Owner
or its heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract or
to related subcontracts, purchase orders and other
obligations.
9 Any proceeding, legal or equitable, under this Bond may
be instituted in any court of competent jurisdiction in the
location in which the work or part of the work is located and
shall be instituted within two years after Contractor Default
or within two years after the Contractor ceased working or
within two years after the Surety refuses or fails to perform
its obligations under this Bond, whichever occurs first. If
the provisions of this Paragraph are void or prohibited by
law, the minimum period of limitation available to sureties
as a defense in the jurisdiction of the suit shall be
applicable.
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED.. AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987

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A312-1984

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10 N61ice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the
signature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement
shall be deemed incorporated herein. The intent is that
this Bond shall be construed as a statutory bond and not
as a common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the
Contractor of any amounts received or to be received
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
by the Owner in settlement of insurance or other
claims for damages to which the Contractor is entitled,
reduced by all valid and proper payments made to or
on behalf of the Contractor under the Construction
Contract.
12.2 Construction Contract: The agreement betwen
the Owner and the Contractor identified on the
signature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to
perform or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the
Contractor as required by the Construction Contract or
to perform and complete or comply with the other
terms thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature:
Name and Title:
Address:

Signature:
Name and Title:
Address:
AIA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE. N.W., WASHINGTON, D C 20006
THIRD PRINTING . MARCH 1987
(Corporate Seal)
A312-1984
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06193-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
1 corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: C. Randolph Bishop, Donna B. Christian, Guy B. Proctor, Jr., Stephen S. Knox, Will M.
Poe, of Durham, North Carolina, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign,
execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any
and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or
conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent
as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to
the authority herein given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under aLd by authority of the following
Standing Resolutibo voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which
Resolution is now in fu!1 terce and effect:
VOTED: Tnat the signaturo o` each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any ce:tificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes opjy of executing a:td attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.

(5-00 Standard)
t
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 21st day of July, 2000.
' STATE OF CONNECTICUT
} SS. Hartford
' COUNTY OF HARTFORD
?fi?'?w cwtrr? a°rQT Y AV,
sUlR7T-0FA 1 f i 2 o
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TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY

George W. Thompson
Senior Vice President
On this 21st day of July, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn,
did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
p.TET
My commission expires June 30, 2001 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, a, set
'forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this lttr_ day cf
September , 2000.
I
?,p0"Ot" 6J,X1Y ANp GASUgI
s NARTFORO, < 0
HARTFOFA
COWL ; CONN. n Z 19 E 2
3 a
VA?d! 'N+s! day • Aar

By

Kori M. Johanson
Assistant Secretary, Bond

Warrant No
INVOICE NUMBER
1322302
INVOICE DA
107-17-201
IF INCORRECT RETURN TO
NC DEPARTMENT OF TRANSPORTATION
`S-eFftBf -'-
RALEIGH NC 2769 -1515 43381 0460__-002
INVOICE AMOUNT (-) DISCOUNT (+) FREIGHT
- - 475.00
Date 07-18-2002
NET AMOUNT
475.00

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