20080511 Ver 2_Mitigation Info_20120531

May 29 2012
Ms Katie Merritt
Nutrient Offset Coordinator
1650 Mad Service Center
Raleigh NC 27699 1650
Re La Grange Bank Parcel Development Package (DWQ# 2008- 0511v2)
Dear Ms Merritt
Please find the attached revised BPDP as per your comments regarding Draft 1
Hopefully we have satisfactonly addressed all of your concerns Please contact me (919 -602-
3078) if you have any questions or concerns
Sincerely
Lia Myott Gdleski MAY 3 1 2012
Environmental Scientist

Table of Contents
10 Project Location and Description
20 Project Area — Existing Conditions
21 Geologic & Sod Characteristics
22 Vegetative Communities
3
3
3
5
23 Threatened and Endangered Species 5
24 Environmental Issues 6
25 FEMA Floodplam /Floodway Mapping 6
30 Proposed Nutrient Offset and Riparian Buffer Restoration Plan 7
40 Monitoring and Maintenance Plan 8
50 Financial Assurance Language 9
60 Nutrient Offset and Riparian Buffer Mitigation Potential 9
70 References 10
Appendix A Figures
Figure 1 Vicinity Map
Figure 2 USGS Topographic Map — La Grange
Figure 3 Aerial Map Proposed Nutrient Offset Buffer Area
Figure 4 Lenoir County Soil Survey Map
Figure 5 Proposed Nutrient Offset Buffer Area (Survey Excerpt)
Figure 6 FEMA Flood pla i n/F loodway Map
Appendix B
Conservation Easement
DWQ Stream Determination Letter
Greene Environmental Services LLC Page 2

10 Project Location and Description
Greene Environmental Services LLC (GES) of Snow Hill North Carolina proposes to add the La
Grange site to the Greene Environmental Services Neuse River Basin Riparian Buffer and
Nutrient Offset Umbrella Bank The La Grange site (bank parcel) is located at the southwest
intersection of NC 903 and Old Jason Road (SR 1501) north of La Grange in Lenoir County
North Carolina (Figure 1) The latitude /longitude coordinates of the site are approximately
35 34202 N and 77 79001 W The purpose of the proposed mitigation bank is to improve
water quality within the Neuse River Basin by reducing nutrient and sediment inputs to the
watershed and providing off site mitigation for development requiring nutrient offsets
The proposed bank parcel is located within the Middle Neuse Watershed (HUC 03020202)
Stormwater runoff from this site drains into Meeting House Branch (Stream Index # 27 72 3)
which drains into Bear Creek (Stream Index # 27 72 (0 1)) a mayor tributary to the Neuse River
According to the NC Division of Water Quality Basinwide Information Management System
Meeting House Branch is classified as C Sw NSW Mr Chris Pulimger determined that the
stream as intermittent and subject to the Neuse Buffer Rule on April 4 2011 (see Appendix B)
The bank parcel is 3 39 acres including 0 87 acres of Neuse riparian buffer and 2 52 acres of
nutrient offset buffer restoration This bank parcel shall be established under the terms and
conditions of the Greene Environmental Services Neuse River Basin Riparian Buffer and
Nutrient Offset Umbrella Bank made and entered into by Mr Bobby Ham of Greene
Environmental Services LLC acting as the Bank Sponsor and the North Carolina Department of
Environment and Natural Resources — Division of Water Quality which was signed by the
Division Director on October 3 2008
The bank parcel was previous agricultural cropland and was planted with character species
during March of 2010 During the planting process DWQ staff visited the site and determined
that it was suitable for nutrient offset mitigation
2 0 Project Area - Existing Conditions
21 Geologic & Soil Characteristics
Based upon review of the United States Geological Survey (USGS) La Grange North
Carolina Quadrangle the proposed Bank Parcel is located near the headwaters of
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Meeting House Branch with elevations ranging from ± 89 feet to ± 92 feet
Topographic relief and surface drainage is generally southwest (Figure 2)
The property is located within the Inner Coastal Plain Physiographic Province
within the Rolling Coastal Plain Ecoregion The region is known for being highly
agriculturally productive for corn soybeans tobacco sweet potatoes wheat and
peanuts The site was formerly planted in sweet potatoes and is surrounded by
agricultural fields (Figure 3)
Photo 1 Meeting House Branch (facing downstream — planted site on left)
The Soil Survey of Lenoir County North Carolina (Soil Conservation Service 1977)
lists the soils within the property as from the Pocalla Wagram Lakeland Association
These soils can be classified as well drained to excessively drained soils that mainly
have a loamy subsoil on uplands As described by the online USDA NRCS Official
Soil Series Descriptions (OSD) the specific soils within the project area (Figure 4)
are shown below in Table 1
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Table 1 Mapped Soils within the La Grange Bank Parcel
bon Type Acronym csenerai uescription
Craven Cr — fine sandy loam 1 to 4% slopes Located on gently sloping sides of divides
Infiltration is moderately slow and runoff is slow to
medium Moderate shrink swell potential slow
permeability and runoff are the main limitations in
the use and management of this soil
Goldsboro Go — loamy sand 0 to 2% slopes Located near shallow dramageways on broad
smooth divides Infiltration is moderate and runoff
is slow A seasonal high water table is the main
I 111LOLIVII 111 II IC UDC 411U 111cmtlb'CIIICIII VI UIIJ JVII
Pantego Pe — loam Located on broad smooth flats in mterstream
areas with slopes of < 1% Infiltration is moderate
and runoff is ponded to very slow Water ponding
on the surface and a seasonal high water table are
the main limitations in the uses and management
of this soil
Rains Ra — sandy loam Located in depressions and on smooth flats in
broad interstream areas with slopes of < 1%
Infiltration is moderate and runoff is slow or the
surface is ponded Water ponding on the surface
and a seasonal high water table are the main
limitations in the uses and management of this soil
2 2 Vegetative Communities
The closest vegetative community is located downstream of the site along Meeting
House Branch This forested area is an early succession consisting primarily of typical
sweetgum (L►quidambarstyraciflua) and red maple (Acer rubrum) that are
approximately 20-40 years in age The majority of the watershed draining to the site
consists of agricultural fields that are lacking in riparian /ditch buffers The adjacent land
use consists entirely of agricultural fields which primarily produce sweet potatoes corn
and soybeans
23 Threatened and Endangered Species
The US Fish and Wildlife Service (USFWS) and NC Natural Heritage Program (NHP)
databases were searched for federally listed threatened and endangered plant and
animal species for Lenoir County NC Two federally listed species the red cockaded
woodpecker (Picoides borealis) and sensitive point vetch (Aeschynomene virgmica) are
currently listed in Wayne County (Table 2)
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Table 2 Listed Threatened and Endangered Species in Wayne County NC
species Fe(leral Status mabltat
Red - cockaded woodpecker Endangered The red cockaded woodpecker prefers mature
stands of longleaf pine (Pinus palustris) trees
generally over 80 years old Habitat requirements
average 125 to 200 acres in area Although some
cavities have been found in pine forests as small as
60 acres
Sensitive Joint vetch Threatened The Joint vetch occurs in fresh to slightly brackish
tidal river systems within the intertidal zone where
populations are flooded twice daily It typically
occurs at the outer fringe of marshes or shores its
presence in marsh interiors may be a result of
nutrient deficiencies ice scouring or muskrat
herbivory The sensitive Joint vetch is found in
localities where plant diversity is high and annual
species are prevalent
A review of the North Carolina Natural Heritage Program (NCNHP) database shows no
occurrences of either species within a 2 mile radius of the site According to the NCNHP
Virtual Workroom only one state listed species Coachwhip (Masticophis flagellum) is
located within a 2 mile radius of the site This snake species is labeled as SR
(significantly rare) and resides in dry and sandy woods primarily in pine /oak sandhills
This site will provide no potential habitat for this species since the water table is fairly
high in this area and the site soils are not dry and sandy'
24 Environmental Issues
Preliminary data was obtained from Environmental Data Resources Inc (EDR)
regarding the potential for on site or nearby sources of contamination EDR
maintains an updated database of current and historical sources of contamination
All storage tanks whether above ground or underground are identified as well as
superfund sites landfills hazardous waste sites and other potential hazards No
sites were noted on their database within a one mile radius of the Bank site
2 5 FEMA Floodplain /Floodway Mapping
Meeting House Branch and its immediate floodplain are not located within the
Federal Emergency Management Association s (FEMA s) designated floodway and
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approximate 100 year flood boundary (Figure 6) Therefore no floodplain impacts
are anticipated
3 ® Proposed Nutrient Offset and Riparian Buffer Restoration Plan
Actions required to develop the La Grange site for mitigation were begun in March of 2010 and
supplemental plantings occurred during the winter of 2011 The entire conservation easement
area is 200 feet in width along Meeting House Branch The area was tilled using standard
farming equipment prior to planting in order to aid plant growth and nutrient uptake Planting
of the former sweet potato field with character tree species (Table 3) occurred within the
proposed conservation easement area (Figure 5) Character Trees are defined as planted or
volunteer species identified from a survey of local vegetation on less degraded sections of the
specified stream and from reference literature that details native species
The trees were purchased from Claridge Nursery (NC DFR) in Goldsboro Mowing and other
vegetation management practices may be implemented during the initial years of tree
establishment on the site to prevent the establishment of invasive species that will attempt to
out compete the planted native vegetation In an effort to control grazing by rabbits and other small
herbivores two raptor perches (17 ft tall wooden posts with horizontal perch bars) will be installed on
the tract
In the summer of 2011 mowing of portions of the site occurred to limit dog fennel
(Eupatonum cap►llifohum) and silverling (Baccharis glomerull lora) growth The following table
lists the character tree species and quantities that were planted in 2011 All tree species are
bare root seedlings
Table 3 Character Trees Planted in 2010 and 2011
Scientific Name Common Name Total Number Planted
Betu Ian grs River birch 400
Fraxinus pennsylvamca Green ash 200
Quercus pagoda Cherrybark oak
Taxodium disthchum Bald cypress
Total Seedlings Planted
Seedlines Planted per Acre
200
200
400
1400
413
Alternative trees for supplemental planting may include Persimmon (D►ospyros v►rg►n►ana)
green ash (Frax►nus pennsylvan►ca) sycamore (Platanus occ►dental►s) white oak (Quercus alba)
turkey oak (Quercus laev►s) longleaf pine (Pinus polustris) tulip poplar (L►r►odendron tuhp►fera)
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and live oak (Quercus v►rg►n►ana) These trees will be bare root seedlings or containerized
plants Tree species that are best adapted to better drained site conditions (Quercus v►rg►n►ana
Quercus laevis Quercus albs P►nus palustris and D►ospyros v►rg►n►ana) will be planted on
portions of the tract shown as Craven fine sandy loam on the soil survey map At the request of
DWQ staff 100 wax myrtle (Morello cerifera) will be planted on the site to assist in the
establishment of a shrub layer
Buffer vegetative success criteria are based upon the density and growth of character tree
species as defined in Table 3 As per the Greene Environmental Services Neuse River Basin
Riparian Buffer and Nutrient Offset Umbrella Banking Instrument vegetative success criteria
will be based upon guidelines set forth in the Gu►delmes for Riparian Buffer Restoration
prepared by the North Carolina Ecosystem Enhancement Program (or subsequent updated
versions of these guidelines in place at the date of acceptance of a BPDP) and shall be defined
as a success rate equivalent to 320 live stems per acre at the end of the 5 year monitoring
period For the purposes of monitoring planted species must account for a minimum of 30
percent of the tree density in the monitoring plots
If vegetative success criteria are not achieved based on acreage density calculations from
combined monitoring plots over the entire restoration area or if an inspection of the
restoration /mitigation site indicates that portions of the site do not have sufficient stem
densities or are otherwise deficient supplemental planting shall be performed with tree species
approved by NCDWQ Supplemental planting shall be performed as needed until vegetative
success criteria are met No quantitative measurements of herb assemblages will be required to
meet the vegetative success criteria The quantity of monitoring plots shall be determined in
accordance with The Carolina Vegetative Sampling Protocol (Levels I & II)
4 0 Monitoring and Maintenance Plan
The La Grange Bank Site will be monitored annually for five years (or until DWQ s success
criteria have been met) Monitoring activities have already begun on the site since the initial
planting Supplemental planting and necessary site modifications will continue to be implanted
as necessary Monitoring activities will follow the terms and conditions of the Greene
Environmental Services Neuse River Basin Riparian Buffer and Nutrient Offset Umbrella Banking
Instrument, signed by the Division Director and Mr Bobby Ham (GES)
Vegetative success will be monitored within the restored Neuse riparian buffer and a
monitoring report will be provided to DWQ no later than December 31st of each monitoring
year The report will include vegetative plot data monitored in accordance with the CVS EEP
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Protocol for Recording Vegetation (CVS EEP v 4 2) Plots measuring 100 mZ (ten by ten meter
squares) will be permanently established The La Grange Bank Parcel will contain 2 vegetative
monitoring plots exceeding the requirement of 2% of the proposed restoration area Since the
site is a small one two vegetative plots are considered prudent to get a realistic picture of the
site s success The plant species survival rates and character species density will be recorded
within each plot as well as general notes on problems encountered or unique situational
developments Photographs of each plot from the same plot corner will be included in the
monitoring reports to provide DWQ with a snapshot of the site success each year At the end of
the five year monitoring period target acreage density for the Neuse riparian buffer and
nutrient offset area is a minimum of 320 character trees per acre Monitoring will take place
between August and November
S 0 Financial Assurance Language
Greene Environmental Services LLC will provide a performance bond or Letter of Credit to
ensure completion of all mitigation work The amount of the performance bond or Letter of
Credit shall be efficient to cover all costs associated with establishing the site for its proposed
mitigation Upon approval of the subject BPDP Greene Environmental Services LLC will
provide financial assurance in the form of a monitoring bond or letter of credit in the amount of
at least $100 000 to ensure that adequate funds are available for completion of the
maintenance and monitoring outlined in the BPDP under Section 3
6 0 Nutrient Offset and Riparian Buffer Mitigation Potential
The La Grange Bank Parcel consists of 3 39 acres protected under a permanent conservation
easement The Parcel will generate 37 939 70 square feet (0 87 acres) of Neuse riparian buffer
credit and 109 58198 square feet (2 52 acres) of nutrient offset buffer which yields 5 728 01
(lb N) Nitrogen credits at 2 273 02 lb N /acre Greene Environmental Services LLC will maintain
one credit ledger for Neuse riparian buffer credits which are generated from 0 to 50 feet from
the top of bank of Meeting House Branch and one ledger for nutrient offset credits which are
generated from 51 200 feet out from the Neuse buffer of the intermittent stream Each credit
ledger shall be submitted on a separate 8 % in X 11 in spreadsheet with legible font style and
font size At a minimum and unless otherwise requested by DWQ, credit ledgers shall contain
the following information Bank Details listed in a header (1) name of the approved banking
instrument as it appears on the instrument document (2) sponsor name (3) bank parcel name as it
appears on the BPDP (4) DWQ project number for the BPDP (5) date the ledger was last updated 6)
total credits released to date Credit Details Table with the followine for each credit sale (1) date of
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credit sale (2) purchaser name (3) project name and corresponding HUC (4) name of local government
requiring Nutrient Offset Credits or Riparian Buffer Credits for this project (4) credits released by DWQ
to the Bank listed in pounds for Nutrient Offset Credits and in square feet for Riparian Buffer Credits (5)
credits debited /sold from bank listed in pounds for Nutrient Offset Credits and in square feet for
Riparian Buffer Credits (6) available credits listed in pounds and acres for Nutrient Offset Credits and in
square feet and acres for Riparian Buffer Credits
Riparian Buffer Credit may be achieved through mitigation of the Neuse riparian buffer as
defined in 15A NCAC 02B 0233 Nutrient Offset Credit may be achieved through restoration of
the riparian area adjacent to surface water features Surface water features do not have to be
intermittent or perennial nor do they have to be depicted on a AUSGS NRCS or EMC approved
map The width of the restoration area begins at the landward limit of the top of bank or the
rooted herbaceous vegetation and extends landward a maximum distance of 200 feet on all
sides of the surface water The mitigation accomplished in the DWQ Neuse buffer as defined
in 15A NCAC 02B 0233 and per 15A NCAC 02B 0242 may be used for either Riparian Buffer
Credit or Nutrient Offset Credit but not both
7 0 References
Griffith G E Omernik J M Comstock J A Schafale M P McNab W H Lenat D R
MacPherson T F Glover 1 B and Shelburne V B 2002 Ecoregions of North Carolina
and South Carolina Accessed from
http / /www epa gov /wed /pages /ecoregions /ncsc_eco htm
Lee M T Peet Robert K Roberts S D and Wentworth, T R 2008 CVS EEP Protocol for
Recording Vegetation Level 12 Plot Sampling Only Version 4 2
Lenoir County Online Mapping Services Connect GIS Webhosting Accessed from
http / /www co lenoir nc us /docs /disclaim htm December 2011
Natural Heritage Program Virtual Workroom Accessed from
http //nhpweb enr state nc us /public /virtual workroom phtml
Natural Resources Conservation Service Soil Survey of Lenoir County North Carolina 1977
USDA Soil Conservation Service Accessed from
http //soils usda gov /survey/printed surveys /state asp?state= North %20Carolina &abbr=
NC
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North Carolina Ecosystem Enhancement Program (NCEEP) 2004 Guidelines for Riparian Buffer
Restoration Accessed from
http / /portal ncdenr org/ web /wq /swp/ws /401 /riparianbuffers
United States Fish and Wildlife Service Threatened and Endangered Species by County
Accessed from
http //ecos fws gov /speciesProfile /profile /speciesProfile action ?spcode =Q24J and
http //ecos fws gov /tess public/ countySearchlspeciesByCountyReport action ?fips =3710
7
USGS The National Map Viewer Accessed from http //viewer nationalmap gov /viewer/
January 2012
Greene Environmental Services LLC Page 11

APPENDIX A
Figures
Greene Environmental Services LLC

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Greene Environmental Services. LLC
90 Ham Produce Rd.
Snow Hill. NC 28580
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Figure 1— Vicinity Map
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GEFigure 2 — USGS Topographic Map
Greene Environmental Services. LLC
904 " Produce Rd.
Snow Hill. NC 28580
N.T.S
N

GE rvices. LLC
90 Ham Produce ltd.
Snow Hill. NC 28580
Figure 3 — Aerial Map

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LEGEND
Cr: Craven fine sandy loam GO: Goldsboro loamy sand
Pe: Pantego loam Ra: Rains sandy loam N.T.S.
(iE
Greens Environmental Services, LLC
90 Han Produce Rd.
Snow Hill. NC 28580
Figure 4 — Soils Map

a
N
n
37,939.70 sq. ft.
Neuse Buffer Area
HAM STORAGE. LLC
D.B. 1597, Pg. 114
P.0 . 12. Pg. 99
N 7542'31'E 174.73'
N 5522'41 -E 58.15'
N 5115'42'E 42.81'
N 7530'29"W 130.57'
N 6938'55W 124.01'
CTE
Greene Environmental Services. LLC
90 Ham Produce Rd.
Snow Hill. NC 28580
NPS
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tf '- WAee�,3e,E 19,62' Z — - S 0528'37'IN 38.42 -
N 6619'05*W 38.54'
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109,581.98 sq. ft.
Nutrient Offset Area
5 2300'37W 117.71'
138.24'
N.T.S.
FiNeuse Buffer Area: 37,939.70 sq. ft. (0.87 acres)
0 Nutrient Offset Area: 109,581.98 sq. ft. (2.52 acres)
Figure 5 — Survey Excerpt
J.J7 Ut.r C3
by computer
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In
109,581.98 sq. ft.
Nutrient Offset Area
5 2300'37W 117.71'
138.24'
N.T.S.
FiNeuse Buffer Area: 37,939.70 sq. ft. (0.87 acres)
0 Nutrient Offset Area: 109,581.98 sq. ft. (2.52 acres)
Figure 5 — Survey Excerpt

C7E
Greene Environmental Services. LLC
90 Ham Produce Rd.
Snow Hill. NC 28580
N.T.S.
Figure 6 — FEMA Floodplain /Floodway Mapping

APPENDIX B
Conservation Easement
DWQ Stream Determination Letter
Greene Environmental Services LLC

&C 4&4 C, a..
Prepared by Stephen L Beaman
Box 1907 Wilson, NC 27894
11110111111IM11111111
Doc ID 001863330005 Type CRP
Recorded 04/23/2012 at 04 07 11 PM
Fee Amt $26 00 Page 1 of 5
Lenoir County NC
Margaret Seymourir RReQeg1sterQQOf Deeds
sxl657P0.LVV'1V2
®NDE0
NORTH CAROLINA
COUNTY OF GREENE CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT DEED, made as of this tG day of
March, 2012, by and between HAM STORAGE, LLC Grantor whose address is 963 Hwy 258 S,
Snow Hill, NC 28580 and GREENE ENVIRONMENTAL SERVICES LLC Grantee whose
address is 963 HWY 258 S Snow Hill, NC 28580 ( The designations Grantor and Grantee as used herein
shall include said parties their hens successors and assigns and shall include singular plural masculine feminine
or neuter as required by context )
WITNESSETH
WHEREAS Grantor owns in fee simple certain real property situate lying and
being in Lenoir County, North Carolina, hereinafter more particularly more described (the
` Protected Property")
WHEREAS, Grantor is willing to grant a Conservation Easement on the Protected
Property, thereby restricting and limiting the use of the Protected Property on the terms and
conditions and for the purposes hereinafter set forth, and Grantee is willing to accept such
M
-- easement — -- - - - ---- -- J - - - --
NOW THEREFORE in consideration of the mutual covenants terms, conditions
and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby 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 Protected
Property said Protected Property lying and being in Mosley Hall Township Greene County
North Carolina, and being more particularly described as follows
BEING all of that 3 38 acre tract of land shown on that map
entitled "Survey for Greene Environmental Services LLC dated
April 15, 2011 by Grant & Associates P A and recorded in Plat
Cabinet Page L4 L4- of the Lenoir County
Registry

TOGETHER WITH a perpetual right of mgress and egress along farm roads and
paths, now or hereafter existing from state highways and rights of way, to all or any part of the
Protected Property to carry out the purposes and conditions of this easement
The purposes of this Conservation Easement are to maintain, restore, enhance,
and create a wetland and/or riparian buffer on the Protected Property that contributes to the
protection and improvement of water quality flood prevention, fishenes aquatic habitat, wildlife
habitat, and recreational opportunities to permanently maintain the Protected property in its
natural condition, consistent with these purposes, and to prevent any use of the Protected
Property that will significantly impair or interfere with these purposes To achieve these
purposes the following con &tions and restrictions are set forth
I DURATION OF EASEMENT
This Conservation Easement shall be perpetual It is an easement in gross runs with the
land, and is enforceable by Grantee and its successors and assigns against Grantor its
successors, and assigns, lessees, agents, and licensees
H RESERVED USES AND RESTRICTED ACTIVITIES
The Protected Property shall be restncted from any development or usage that would
impair or interfere with the purposes of this Conservation Easement Unless expressly reserved
as a compatible use herem, any activity on or use of the Protected Property by the Grantor is
prolubited as inconsistent with the purposes of this Conservation Easement Any nghts not
expressly reserved hereunder by the Grantor have been acquired by the Grantee The following
specific uses are prohibited restricted or reserved as indicated
A Recreational Uses Grantor expressly reserves the right to undeveloped
recreational uses including hunting and fishing, and access to the Protected Property for the
purposes thereof Usage of motorized vehicles on the Protected Property is prohibited
B _ Educational -Uses The Grantor reserves the right to undeveloped
educational uses and the right of access to the Protected Property for such purposes including
organized educational activities such as site visits, studies, and observations
C Vegetative Cutting The Grantor reserves the rights to selectively harvest
sapling and juvenile red maple pine, and sweet gum trees of less than ten feet in overall height
All other cutting, removal, mowing, harming or destruction of any vegetation on the Protected
Property is prohibited
D Industrial Use Industrial uses, activities, and development are prohibited
on the Protected Property
E Residential Use Residential uses activities and development are

The Grantor may request permission to vary from the above restrictions for good cause
shown, provided that any such request is consistent with the purposes of this Conservation
Easement The Grantor shall not vary from the above restrictions without first obtaining written
approval from the Grantee or its successors and assigns
III ENFORCEMENT AND REMEDIES
A In the event that Grantee determines that Grantor has violated or is threatening to
violate any of these terms conditions or restrictions the Grantee may institute a
suit to enjoin such violation and if necessary to require the restoration of the
Protected Property to its prior condition at the Grantor s expense
B No failure on the part of 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
IV MISCELLANEOUS
A This Conservation Easement shall be construed to promote the purposes of
protection of water quality in North Carolina
B 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 invalid the remainder of the provisions of the
Conservation Easement and the application of such provision to persons or
circumstances other than those as to which it is found to be invalid shall not be
affected thereby
C Any notices shall be sent by registered or certified mail return receipt requested
to the parties at their addresses as either party establishes in writing upon
notification to the other
D Grantor shall notify Grantee or its successors and assigns m wntmg of the name
and address and any party to whom the Protected Property or any part thereof is to
be transferred at or prior to the time said transfer is made Grantor further agrees
to make any subsequent lease deed or other legal instrument by which any
interest in the Protected Property is conveyed subject to the Conservation
Easement herein created
V QUITE ENJOYMENT
Grantor reserves all rights accruing from ownership of the Protected Property including
the right to engage in or permit or invite others to engage in only those uses of the Protected
Property that are expressly reserved herein not prohibited or restricted herein and are not

prohibited on the Protected Property
F Commercial Use Commercial uses activities and development are
prohibited on the Protected Property
G Agricultural Use Agricultural uses activities, and development are
prohibited on the Protected Property, including use for cropland, waste lagoons, or pastureland
H New Construction There shall be no building facility mobile home or
other structure constructed or placed on the Protected Property
I Signs No signs shall be permitted on the Protected Property except
interpretive signs describing restoration activities and the conservation values of the Protected
Property and signs �dentifymg the owner of the Protected Property and the holder of the
Conservation Easement, and signs giving directions or proscribing rules and regulations for the
use of the Protected Property
J Dumping Dumping of soil trash ashes, garbage, waste abandoned
vehicles, appliances, machinery, or other material on the Protected Property is prohibited
K Grading, Mineral use, Excavation, Dredging There shall be no
grading filling excavation, dredging mining drilling removal of topsoil sand gravel rock
peat, minerals, or other materials on the Protected Property
L Water Quality and Drainage Patterns Diking, draining filling or
removal of wetlands polluting or discharging into waters springs seeps or wetlands use of
pesticide or biocides and disruption of natural drainage patterns on the Protected Property is
prohibited
M Subdivision Subdivision, partitioning, or dividing the Protected Property
is prohibited
N Permitted Use The Protected Property will be reforested maintained
and monitored m accordance with rules, regulations requirements and guidelines published by
the North Carolina Department of Environment and Natural Resources
The Grantee, and authorized representatives of the Grantee shall have the right to enter
the Protected Property at all reasonable tunes to undertake any activities (including planting,
grading and hydrological modification) to restore manage, maintain enhance, and monitor the
wetland and riparian resources of the Protected Property In addition the Grantee and
authorized representatives of the Grantee shall have the right to enter the Protected Property at
all reasonable times for the purpose of mspectmg said property to determine if the Grantor and
its successors and assigns are complying with the terms, conditions, restrictions, and purposes of
this Conservation Easement The easement rights granted herem do not include public access
rights

mconsistent with the purposes of this Conservation Easement Without limiting the generality of
the foregoing Grantor expressly reserves to Grantor and Grantor s invitees and licensees, the
right of access to the Protected Property, and the right of quite enjoyment of the Protected
Property
TO HAVE AND TO HOLD the said rights and easements unto Grantee and Grantee s
successors and assigns, forever and in perpetuity for the aforesaid purposes
AND Grantor covenants that Grantor is seized of said premises in fee and has the right to
convey the permanent easement herem granted that the same are free from encumbrances and
that Grantor will warrant and defend title to the same against the claims of all persons
whomsoever
IN TESTIMONY WHEREOF Cnantors have executed this Conservation Easement as of
the date set forth above
HAM STORAGE LLC � '��; v4,
� — r
BY /? 6Z_ 'Q ° m k
TITLE Bo Ham Member/MahagdP 5
NORTH CAROLINA
COUNTY OF GREENE
I QO N N 16 C. C as wiru. , a Notary Public do hereby certify that Bobby
Ham personally appeared before me this day and acknowledged that he is a member /manager of
Ham Storage LLC and further acknowledged the due execution of this instrument for and on
behalf of Ham Storage LLC
Witness my hand and official seal this A" day of March, 2012
-Sr
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r
My Commission Expires
#4 (AFFIX SEAL)

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 4, 2011
Bobby Ham
Greene Environmental Services, LLC
90 Ham Produce Road
Snow Hill, NC 28580
DWQ Project # 2011 -0113
Lenoir County
Subject Property: LaGrange/MHBP Riparian Buffer (mitigation bank)
UT to Meeting House Branch
On -Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B.0233)
Dear Mr. Ham:
On March 3, 2011, at your request 1 conducted an on -site determination to review drainage
features located on the subject property for applicability to the Neuse Buffer Rules (15A
NCAC 2B .0233). The project area is labeled as "2011- 0113" on the attached map
initialed by me on April 4, 2011. The project is located on the east side of NC HWY 903,
approximately 0.2 miles south of the intersection of NC HWY 903 and Old Jason Road
(SR 1501), north of the community of La Grange, NC.
At your request, I conducted an on -site determination as stated above. During my review
1 evaluated the stream using the DWQ Stream Classification Form. I evaluated the
stream reach at the uppermost end of the project area and calculated the score to be 19.25
points. The form states that if the score is "greater than or equal to 19 points the stream is
at least intermittent ".
The Division of Water Quality (DWQ) has determined that the surface water
labeled as "2011- 0113" on the attached map is at least intermittent and is SUBJECT
to the Neuse Buffer Rule. This feature and its associated buffers should he identified on
any future plans for this property. The owner (or future owners) should notify the DWQ
(and other relevant agencies) of this decision in any future correspondences concerning
North Carolina Division of Water Quality Intenvt www.ncwateraualit ,ork
943 Washington Square Mall Phone: [phone] One
Washington, NC 27884 FAX [phone] NitthCarolina
An Equal Opportunity/Affirmative Ammon En ploff - 509 RMd"10% Post Consumer Paper ; aura!!

]'age 2 of 2
this property. This on -site determination shall expire five (5) years from the date of this
letter.
Landowners or affected parties that dispute a determination made by the DWQ or
Delegated Local Authority that a surface water exists and that it is subject to the buffer
rule may request a determination by the Director. A request for a determination by the
Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ, 401
OversightrExpress Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh. NC
27604 -2260. Individuals that dispute a determination by the DWQ or Delegated Local
Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. Applicants
are hereby notified that the 60 -day statutory appeal time does not start until the affected
party (including downstream and adjacent landowners) is notified of this decision. DWQ
recommends that the applicant conduct this noti f ication in order to be certain that third
party appeals are made in a timely manner. To ask for a hearing. send a written petition.
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This
determination is final and binding unless you ask for a hearing within 60 days.
This letter only addresses the applicability to the buffer rules and does not approve any
activity within the buffers. Nor does this letter approve any activity within Waters of the
United States or Waters of the State. If you have any additional questions or require
additional information please call me at (252) 948 -3920.
Sincerely,
u�_ ,,,, ? A-1-11,
Chris Pullinger
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: copy of 1:24,000 scale USGS topographic map, La Grange quadrangle
cc: DWQ 401 Oversight/Express Unit - Attn: Lia Gilleski
WaRO file Copy
David Kno%%les; 2813 Jefferson Dr.; Greenville. NC 27858
Filename: 2011 -0113

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