20030599 Ver 2_401 Application_20070814

,'
Office Use Only: Form Version March OS
USACE Action ID No. DWQ No, O 3- ~ S q q V 3
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing ~ ~,
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 27, WQC 3399
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Man,,a,~ement~A7rea of
Environmental Concern (see the top of page 2 for further details), ch C~[~ a ~./ ~ ~~j
!v6
II. Applicant Information qU~ X 4 "CUOI ~.
Owner/Applicant Information DENR - WA7EFi lii:i~.1.ITY
Y~ET'L~1Dy9 M!D ~TTpp~4M~VAT ~ H
Name: Harold B. Bowlin and wife Anne L. Bowlin; Dympse E. BowLn, J1L, and w~i e
Vernetta J. Bowlin; C. Glenn Bowlin and wife, Penny N. Bowlin; and Robert B. Bowlin
and Belinda S. Bowlin
Mailing Address: 625 Harold Bowlin Road,
Laurel SprinSS, NC 28644
Telephone Number: 336-982-4041 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Mark Fowlkes
Company Affiliation: NC. Wildlife Resources Commission
Mailing Address: PO Box 387
Elkin, NC 28621
Telephone Number: 336-527-1547 Fax Number: 336-527-1548
E-mail Address: markfowlkesnearthlink.net
Page 5 of 13

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Bowlin Mitigation Site, Stream Bank Stabilization and Habitat
Enhancement, Peak Creek, Ashe County
2. T.LP. Project Number or State Project Number (NCDOT Only): Formally under R-529
3. Property Identification Number (Tax PIN): 14425-006
4. Location
County: Ashe Nearest Town: Jefferson
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Wilkesboro take
Highway 18 north, turn left onto Highway 88, turn left on Peak Creek Church Road.
Project begins where the road crosses Peak Creek.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36.3864 °N 81.2991 °W
6. Property size (acres): 135.4
7. Name of nearest receiving body of water: Peak Creek is a tributary to the South Fork of
the New River
8. River Basin: New
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The stream enhancement site runs through a pasture.
There are sections along this 2,747 foot reach of stream with eroding stream banks.
Page 6 of 13

Cattle have access to the creek. Multiflora rose is predominant in the riparian zone.
The existing land use in the proiect's vicinity is agriculture. SEE ATTACHED PLAN
FOR DETAILS.
10. Describe the overall project in detail, including the type of equipment to be used:
This proiect will stabilize eroding banks (Enhancement Level I) along a 2,747 if reach
of stream (1,907 If along both banks and 840 If on left bank). Enhancement activities
will include changes in dimension and profile, in-stream habitat improvement
structures, vegetation planting in the riparian buffer, and livestock exclusion. The site
will be put in a 3.05 acre conservation easement to ensure long term protection. Earth
moving work will be conducted using a trackhoe and loader. SEE ATTACHED PLAN
FOR DETAILS.
11. Explain the purpose of the proposed work: Stabilize eroding stream banks, increase fish
habitat, construct a stable stream crossing for agriculture purposes, exclude livestock
from the riparian zone, and protect the stream corridor with a conservation easement.
SEE ATTACHED PLAN FOR DETAILS.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USAGE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.LP. project, along with
construction schedules. This stream mitigation proiect was originally permitted under the
proposed US 421 relocation from South Fork New River in Boone to the Blue Ridge
Parkway in Deep Gap STIP No. R-529). The USACE permit (Action ID No. 19970761) was
issued on Mav 4, 1998. The NCDWQ permit (Project #970616) was issued on April 20,
1998. The NCDOT contracted NCWRC to provide mitigation for impacts from the US 421
road proiect. The Bowfin Mitigation Site was identified in 2000 as a potential mitigation
site. In 2002 the landowners agreed to the proposed conservation easement boundary
which averages 66 feet in width (50 to 85 feet). NCWRC submitted the Bowfin Mitigation
Site plan to USAGE and NCDWQ in Mav 2003 and NCDWQ approved certification (No.
030599) on Mav 29, 2003 (see attached). Nothing was received from the USAGE. The
proiect was delayed due to conservation easement/landowner issues. The NCDWQ permit
was reissued on August 15,2006 (see attached). NCWRC made attempts to renew the
USAGE permit with little success. Since the USAGE permit expired without renewal, we
are reapplying for the 401/404 permits for this proiect. We have been working with Monte
Mathews (USACE) and Sue Homewood (NCDWQ Winston-Salem Regional Office) to
resolve the permitting issues. A conservation easement on the property was purchased in
the fall of 2006. This proiect was transferred from NCDOT to EEP in 2006. The NCWRC
has an agreement with EEP to complete this proiect (see attached approval letter).
Page 7 of 13

V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permit reauests are anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: SEE ATTACHED PLAN -
Stabilize stream banks and improve fish habitat on sections along a 2,747 linear feet
reach of Peak Creek (1,907 if along both banks and 8401E on left bank), temporary off-
site sedimentation during construction will be kept to a minimum, disturbed areas will
be stabilized at the end of each day.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:
Page 8 of 13

4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)
Figure 1 in plan Peak Creek Enhancement Perennial 20 ft 2,747 3.05

Total Stream Impact (by length and acreage) 2,747 3.05
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 3.05
Wetland Impact (acres): 0.0
Open Water Impact (acres): 0.0
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet): 2,747
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation -NIA
Page 9 of 13

If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that' apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Bank stabilization will reduce in-stream sediment impacts, improve aquatic and terrestrial
habitats and restore trout stream buffer zones along 2,747 If of eroding streambanks. A
trackhoe will be used to reshape eroding banks and install rock weirs. log vanes and root
wads. Re-shaped banks will be seeded with a temporary annual crop and permanent
native herbaceous mix. All disturbed areas will be stabilized using 700 weight coir matting
and mulch or sod mats by the end of each dav. Native trees and shrubs will be planted in
the dormant season. Construction access corridor and stockpiled materials will be
surrounded by silt fencing as needed. We will only disturb area that can be stabilized by
the end of the dav. SEE ATTACH PLAN FOR DETAILS.
VIII. Mitigation - NA
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
Page 10 of 13

aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
This is a stream mitigation project
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ^
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
Page 11 of 13

3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
2
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buff 1' 1' E' b ff 'll b d 1 h t t t eam.
er mu ti iers. xishn u ers wi a improve a on t e rou s r
Zone* (s uare feet) Multiplier Mitq ation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
N/A
XII. Sewage Disposal (required by DWQ)
Page 12 of 13

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
This is a stream bank stabilization and habitat improvement project. SEE ATTACH
PLAN FOR DETAILS.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Peak Creek is hatchery supported trout water that contains wild trout populations. In
order to not disturb trout spawning and to follow the NCWRC recommended trout
moratorium, work will be completed by October 15, 2007. Disturbance of soils will be
limited to only what work can be accomplished and stabilized on a daily basis.
7/16/2007
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13

Page 1 of 1
From: White, Dianne [[e-mail]]
Sent: Thursday, July 12, 2007 8:24 AM
To: Fowlkes, Mark D.
Cc: Long, Mary-Ann D.
Subject: Electronic warrant # 24583
The electronic payment # to DENR, Water Quality for 401 Wetlands Certification is 24583, in the amount of
$475.00, dated 7-11-07.
file://C:\Documents and Settings\Joe Mickey\My Documents\EEP -DOT Mitigation\Proje... 8/13/2007

~~COS.stem .
Y'{CCI{;KAlr1
August 2, 2006
Ms. Shannon Deaton
NC Wildlife Resources
1721 Mail Service Center
Raleigh, NC 27699-1721
Dear Ms. Deaton:
This letter serves as the Bowlin Project Agreement between WRC and EEP (as part of the
task oriented contract # D06082). The Bowlin project was submitted to EEP in June 2006 and
will result in at least 1551 stream mitigation units to be delivered to EEP. The final mitigation
credits allowed will be determined by the permitting agencies. EEP has designated the Project
Task # as 06NW01-2. Following are the subtasks and costs as indicated in WRC's approved
project scope of June 2006:
Task 06NW01-2a Acquisition $ 22,454.00
Task 06NW01-2b Assessment/Design $ 8,897.60
Task 06NW01-2c Construction/As-Built $ 66,660.35
Task 06NW01-2d Monitoring/Malntenance $ 44,088.50
TOTAL $142,100.45
EEP is authorizing WRC to go forward on tasks 06NW01-2a , 06NW01-2b, 06NW01-2c,
and 06NW01-2d. Please be reminded that advertisement for construction bids for this project
should occur no later than Apri12, 2007 (based on 40 week timeframe from June 2006 scope).
EEP looks forward to working with WRC on this project as part of the partnership
between our two agencies. If I can answer any questions, please contact me at 919-231-7912.
Respectfully,
Michael McDonald
Western Regional Supervisor
WRC/EEP Contract Administrator
cc: Jeff Jurek, EEP
Suzanne Klimek, EEP
Jim Borawa, WRC
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Bowlin Mitigation Site, Peak Creek, Ashe County
Supplemental Erosion and Sediment Control Plan
Prepared for the
North Carolina Ecosystem Enhancement Program
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North Carolina Wildlife Resources Commission
Division of Inland Fisheries
Watershed Enhancement Group
Raleigh
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Narrative
Purpose
This document provides supplemental information on the erosion and sediment control plan
previously submitted by the North Carolina Wildlife Resources Commission's (NCWRC) for the
Bowlin mitigation site (NCWRC 2002). This information is being provided in order to obtain a
Certificate of Plan Approval from the North Carolina Division of Land Resources, Land Quality
Section for stream bank stabilization and habitat enhancement on 2,7471inear feet of Peak
Creek. This document includes the following: an erosion and sediment control plan map (Figure
1), the construction sequence, descriptions of erosion and sediment control measures to be used,
design details and specifications (Figures 2-8) of those measures, a financial
responsibility/ownership form (Appendix 1), erosion and sediment control plan checklist
(Appendix 2), and conservation easement map and deed (Appendix 3). The previously
submitted Bowlin mitigation site enhancement plan (NCWRC 2002) provides a detailed project
description, identifies existing conditions in the watershed, riparian zone, and within the stream
channel, reference reach information, sediment transport and flow calculations, and design
details. Approximately 5.9 acres of land will be disturbed.
Construction Sequence
1. Obtain plan approval and other applicable permits.
2. Stockpile sediment and erosion control material on site.
3. Stake sensitive areas, construction limits and corridors as indicated on construction
plans.
4. Move heavy equipment on site and walk through entire project with contractor.
5. Install temporary gravel construction entrances.
6. Install sediment and erosion control measures around staging and stockpiling areas.
7. Haul boulders, root wads, and logs to the site for building stream structures.
8. Improve existing ford for temporary stream crossing.
9. Project will be constructed from the upstream end, working in the downstream direction
in four sections.
10. Install temporary dikes and pumps necessary to dewater the portion of channel being
worked on each day.
11. Soil disturbance will be limited to only what work can be accomplished and stabilized
on a daily basis.
12. Shape stream banks to design elevations and construct bankfull benches. Slope from the
back of the bankfull benches to existing ground elevation not to exceed 2:1. Install in-
stream structures. Cover disturbed ground with salvaged sod mats or seed, fertilize, and
cover with coin matting and/or straw mulch by the end of each work day.
13. Remove pumps and temporary dikes from within the stream channel at the end of each
day.
14. Fertilize, lime, seed, and mulch all remaining disturbed areas at the end of each day.
15. Upon completing a section, heavy equipment and pumps will be moved to the next
section using log mats to cross existing tributaries and ditches.

2
16. Install permanent fencing and livestock watering devices.
17. Upon completion of construction, all remaining disturbed areas will be repaired.
18. Remove all equipment and unused construction materials, including any trash or waste,
from project site.
19. Fertilize, lime, seed and mulch all remaining disturbed areas.
20. After site is stabilized, remove all temporary erosion control measures.
21. Install bare-root, container grown, and live stake plant material during the dormant
growing season.
Planned Erosion and Sediment Control Practices
The following erosion and sediment control measures are, at a minimum, necessary to
control soil erosion and minimize the introduction of sediment and other pollutants to the stream
during construction at the Bowlin mitigation site:
The duration and extent of disturbances within any stream buffer zone will be minimized.
Staging areas and stockpiles will be located outside of the buffer zone whenever possible. Work
within the buffer zone will be sequenced to minimize the length of time raw earth is exposed.
All erosion control materials will be on hand before work commences. Stream bank stabilization
will be phased so that each day's work is completed, including adequate ground cover.
Relocation of stream channels should be accomplished "in the dry" whenever possible. New
channels should be stabilized before stream flow is diverted into them. Flow should be diverted
around land disturbance in existing channels when possible. Flow may be maintained in the
channel when in-stream structures such as rock vanes and cross vanes are installed or adjusted as
necessary. Equipment will work from the top of the stream bank whenever possible.
When existing woody vegetation is removed within a trout waters buffer zone, as when an
access road is opened to a stream, the buffer will be replanted with suitable woody vegetation.
Graded slopes and fills within the trout buffer zone (excluding road shoulders) shall be
protected with sod mats or a rolled erosion control product, bonded fiber matrix, or flexible
growth medium after seeding.
Cobble and boulder deposits will be removed from active stream channels only when
necessary and in the context of restoring the stream to a stable dimension, pattern, and profile.
Temporary gravel construction entrances.-Four temporary gravel entrances will be installed
along Peak Creek Church Road (see Figure 2 for specifications). If conditions are such that mud
and sediment are not sufficiently removed by traveling over gravel at a specific construction
entrance, provisions shall be installed to allow for tire washing at that location. Runoff from tire
washing areas shall be conveyed to a temporary sediment trap or other suitable structure when
necessary.
Sediment fence. Sediment fencing will be installed around materials handling and
construction staging areas and along the top of the stream bank where overland flow may cause

3
erosion on stream banks. This is to prevent sediment from entering the channel (see Figure 3 for
specifications).
Pump-around operation.-The pump-around operation will be set up for dewatering a work
area in Peak Creek that can be completed within one day. The pump-around equipment will be
removed from the channel at the end of each work day.
Two impervious sandbag dikes will be installed at the upstream and downstream ends of the
section of stream that can be worked in one day (see Figure 4 for specifications). The stream
flow will be pumped around the work area. Every effort will be made to pump base flow from
tributaries around the work area through the positioning of the dikes. A velocity dissipater will
be installed at the end of the discharge hose. Water from within the work area will be pumped to
a sediment filtering device such as a dewatering basin, sediment bag, or other approved practice
and will drain back into the channel below the downstream sandbag dike. Water will be allowed
back into the channel each day after construction is completed and stabilized.
Temporary stream crossing.-An existing ford (Figure 1) will be improved to create a
stabilized stream crossing built to Ashe County Soil and Water Conservation District and
Division of Land Quality specifications to allow for equipment access across the stream (see
Figure 6 for specifications). Once the stream restoration project is completed and fenced, this
crossing will remain in place as a livestock crossing. Log mats will be used as needed to get
heavy equipment across ditches and unnamed tributaries along the left bank of Peak Creek.
Temporary seeding and matting.-Sod mats or seeding and matting will be used to control
erosion and minimize the production of sediment and other pollutants from entering water during
construction as outlined in the Bowlin mitigation site plan's "Riparian Seeding and Planting
Guidelines for the WRC Mitigation Program" (NCWRC 2002). After the streambank has been
sloped it will be vegetated with sod mats removed from the existing bank or seeded with a
temporary and permanent seed mix, mulched with straw, and covered with 700 weight coir fiber
erosion control matting (see Figures 7 and 8 for coir matting details and specifications).
Additional disturbed areas will be reseeded with brown top millet or winter wheat/rye and with a
native perennial grass/wildflower seed mix and mulched with straw at a rate of 1-2 tons per acre
to cover at least 75% of the disturbed soil.
Vegetative stabilization.-During construction permanent vegetation including sod mats,
native permanent seed mix, live stakes, and bare root and containerized trees and shrubs will be
planted within the conservation easement as outlined in the Bowlin mitigation site plan's
"Riparian Seeding and Planting Guidelines for the WRC Mitigation Program" (NCWRC 2002).
Maintenance and sediment disposal.-All erosion and sediment control devices will be
inspected at regular intervals and immediately following storm events. Any damage to the
erosion and sediment control devices will be repaired as soon as possible. Sediment removal
from erosion and sediment control devices will be disposed of in an upland area in such a
manner that further erosion and sedimentation will not occur.

4
References
Mickey, J. H. and S. Scott. 2002. Stream bank stabilization and habitat enhancement plan,
Bowlin site, Peak Creek, Ashe County. North Carolina Wildlife Resources Commission,
Raleigh, North Carolina.

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a.
c~
a
...
0
0
c
...
c~
0
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0
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0
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Figure 2.-Temporary gravel construction entrance/exit detail drawing and specifications.

~`
2-3
coarse aggregate
General notes:
1. Clear the entrance and exit area of all vegetation, roots, and other objectionable material
and properly grade it.
2. Entrance/exit(s) should be located to provide utilization by all construction vehicles.
3. Must be maintained in a condition which will prevent tracking or direct flow of mud onto
streets. Periodic top dressing with stone may be necessary.
4. Any material tracked onto the roadway must be cleaned up immediately.
5. Gravel entrance shall be located at all points of ingress and egress until construction is
completed. Frequent checks of the device and timely maintenance must be provided.
6. Geotextile filter fabric to be placed beneath stone to improve stability of the foundation.

8
Figure 3 -Sediment fence detail drawing and specifications.
o max. exrra srrengrn
Steel
post
Wme 18-24"
fence I
24"
fabric with wme fence
Inc without wire fence " ~yout
View
Plastic or
wme ties

Natural
ground
aY
8" down d 4"
forword along
the trench
Filter
fabric
Cross-Section
View
Steel fabrc Backfilltrench
po~.t ~ and compact
thoroughly
.•rn n•.
mm
24'
...
General notes
1. Drive six feet tall steel post 24 inches into the ground and space six feet apart.
2. Excavate an 8" deep by 4" wide trench uphill along the line of posts.
3. Attach extra strength fabric to the posts, on the upslope side, using wire or plastic zip ties
with a minimum of 50 pound tensile strength.
4. Extend the fabric eight inches below grade and four inches out in the trench.
5. When joints are necessary, securely fasten the filter cloth only at support post with four
feet minimum overlap to the next post.
6. Back fill the trench and compact the soil firmly to anchor the bottom of the silt fence so
that runoff is forced to go through the fence and cannot go under it.
7. Use a synthetic filter fabric of at least 95% by weight of polyolefin or polyester, which is
certified by the manufacturer or supplier as conforming to the requirements in ASTM D
6461.
8. Synthetic filter fabric should contain ultraviolet ray inhibitors and stabilizers to provide a
minimum of 6 months of expected usable construction life at a temperature range of 0 to
120° F.
IJotural
ground
Ups

9
Figure 5.-Pump-around detail drawing and specifications.
STILLING BASIN OR PLAN VIEW
\ SEDIMENT F3AG
STREAM DIVERSION
~~ J PUMPS
DISCHARGE HOSES - 111
!~ P r- INTAKC FIOSE
~-- P dewateriny pump /
l /-- f ~ FL.OW
~. ~ _.
SEDIMENT DIKE
---PUMPS SHOl11_D
D15CIIARGC ONTO A
STABILIZCD BANK
UR DISSIPAIOR
{MADC: OF RIP f2AP,
SANDBAGS, OR
OTHER APPROVED
MATERIAL )
IMPFRVIOII
IiNTAKE FIOSE \~ FLOW
CLEAN WATCR DIKE ~ t~
SUMP- EIOI_F OR
-. .~ . POOi (12" TO 18"
. WORK AREA-_ ___. DFFP ?' DIA.)
LENGTH NO1 lU
EXCEED THAT
WHICH CAN BE
COMPLE TFD IN ONE
DAY
SECTION A-A
SHEETING
BASC rLOW .I 1
WORK AREA FOOT {2 FOOT
~'?w,nv.:~ ,,• , : ,e: /F,t~~!~J/. ~l MINIMUM )
CROSS SECTION OF
SANDBAG DIKE
G~N~F:AL, NOTES
1. INSTALL PUMP ANU TEMPORARY FLEXIBLE HOSE AT THE UPSTREAM END OF CONSTRUCTION AREA.
2. INSTALL STILLING BASIN OR EQUIP FLEXIBLE HOSE WITH THE SEDIMENT BAG IF NEEDED. 51ABIL17E
PIPE OUTLET TO PROTCCT BANK AGAINST SCOUR AND EROSION.
3. PLAGF UPSTREAM IMPERVIOUS DIKE AND BEGIN PUMPING FOR THE STREAM DIVERSION.
4. PLACE DOWNSTREAM IMPERVIOUS DIKE AND PUMPING APPARATUS. DCWAT[R THL- WORK ARfJa INTO
THE STILLING BASIN OR EQUIP FiOSE WITH THE. SEDIMENT BAG. DEWAI"FRED ARCA SHALL CQUAL TO
ONE DAY'S WORK.
5. PERFORM STREAM RESTORATION WpRK ACCORDING TO PLANS.
6. REMOVE ANY ACCUMULATED SILT HLFORE REMOVAL OF IMPERVIOUS DIKES. REMOVE ALL EQUIPMENT
INCLUDING DIKES. (DOWNSTREAM IMPERVIOUS DIKE F IR51).
7. ALL GRADING AND STABILILAIION MUST BE COMPLETED IN ONC DAY WITLIIN THE PUMP-AROUND AREA
{WITNIN THE IMPERVIOUS DIKES).. THE IMPERVIUUS DIKE LOCATIONS AS SHOWN ON THE PLANS
SHOW ONLY THE UPPER ANU LOWER EXTENT OF WORK ON THE STRCAM SCGMFNT. T1iE
CONTRACTOR IS RESPONSIBLE f~OR DETERMINING THL LOCATION OF THE IMPERVIOUS DIKES
PLACEMENT FOR EACH DAY'S WORK.
8. REMOVE STILLING BASIN(S) IF APPLICABLE. 5TABILIZE DISTURBED AREA WITH SEED AND A9ULCH, AS
SOON AS PRACTICAL.

f
10
Figure 6.-Temporary stream crossing/ford detail drawing and specifications.
•- ~~ max
~" wr ....~. bald( ltAn~1! r .
- ~ Straarn charmel

la~/d ~
• ~•.~
•'~~ ~ ,~ Ht
fSlopes 2:1 or flatter
p~7
~~
.
~
~
- a J sr
Q . ~ A .
T a
ry
~ ~ .. 'a . ~

- ;,
~
~ t t °DQ '$° r~ ~r^'
- ~ ~~~
~ t~tlt o
1'
~~ ~°
- - ~~~
;` •
V
1~~i d
~ ` ~„ .....~
Slone over ~''
fabric '
Road afigr-mern
slraigh! fat 3t3' min
7emgorary Orig-nat Temporary
diversion
diversion streambardc
General Notes
1. Fords are effective for infrequent crossing of wide, shallow streams.
2. Road approaches to ford should be straight at a minimum of 30 feet.
3. Install diversions in road approach sections to divert surface runoff.
4. Slope road approach 2:1 or flatter.
5. Install geotextile fabric in channel to stabilize foundation, and then apply three to six
inches of well graded weather-resistant stone over fabric.
slope max
St~itixalion fabric

Figure 7.-Erosion control matting installation details and specifications.
l b9Ck1x11
11
General Notes:
1. Apply temporary and permanent seed mixture, fertilizer, and lime to disturbed soils.
2. Apply mulch at a rate of one to two tons per acre. No more than 25% of the ground
surface should be visible after application.
3. Anchor mulch using 700g/m2 coir matting to resist wind and runoff.
4. To secure the matting, bury the upslope end in a trench no less than six inches deep,
cover with soil, and tamp firmly. Do not stretch the net during application.
5. Use wood stakes across the top, spacing every 12 inches and every 3 feet around the
edges and bottom. Each strip of matting should be staked down the middle every three
feet.
6. Where two strips are laid side by side the adjacent edges should be overlapped three
inches and staked together.

12
Figure 8.-Coir matting (700 g/m2) specifications
SKB India Co. -Erosion Control Products - Coir Matting
CF-700 Mat~7UQ~e/sgm - U,Sgz)
"this medium weight matting is used for specific areas That require stronger
matting and tighter weave to hold l :2 slopes, or the bottoms of excessive
watcrcoursc pipe outflows, swale bottoms, stabilization of slope tops and
stream embankments. Durability depends on conditions, usually is
biodegradable in 2+ years.
Size: Approx. Weight:
6.5ft w x 164ft t = 120sq yd (2m x SOm - IOOsgm) 150ibs (68kg)
loft w x 164ft 1 = 180sq yd (3m x SOm = 150sym) 2251bs (102kg)
13ft w x 164ft 1= 240sq yd (4m x SOm = 200sgm) 3001bs (136kg)
Page 1 of 1

13
Appendix 1. Financial Responsibility/Ownership Form
FINANCIAL RESPONSIBILITY/OWNERSHIP FORM
SEDIMENTATION POLLUTION CONTROL ACT
No person may initiate any land-disturbing activity on one or more acres as covered by the Act before this
form and an acceptable erosion and sedimentation control plan have been completed and approved by the
Land Quality Section, N.C. Department of Environment and Natural Resources. (Please type or print and, if
the question is not applicable or the e-mail and/or fax information unavailable, place NIA in the blank.)
Part A.
1. Project Name Bowlin Mitigation Site
2. Location of land-disturbing activity: County Ashe City or Township Peak Creek
HighwaylStreet Peak Cr Church Rd Latitude 36.3880 N Longitude -81.2994 W
3. Approximate date land-disturbing activity will commence: July 9. 2007
4. Purpose of development (residential, commercial, industrial, institutional, etc.): Stream Mitigation
5. Total acreage disturbed or uncovered (including off-site borrow and waste areas): 5.9
6. Amount of fee enclosed: $ 300.00 The application fee of $50.00 per acre (rounded
up to the next acre) is assessed without a ceiling amount (Example: a 9-acre application fee is $450).
7. Has an erosion and sediment control plan been filed? Yes No Enclosed X
8. Person to contact should erosion and sediment control issues arise during land-disturbing activity:
Name Mark Fowlkes E-mail Address_Markfowlkes(a~earthlink.net
Telephone [phone] Cell # [phone] Fax # [phone]
9. Landowner{s} of Record (attach accompanied page to list additional owners):
~mpse Glenn Harold. & Robert Bowlin
Name
5336)982-4041
Telephone
625 Harold Bowlin Rd
Current Mailing Address
Laurel Springs. NC 28644
City State Zip
Fax Number
Same
Current Street Address
Same
City State Zip
10. Deed Book No. D-3 Page No. 0117 Provide a copy of the most current deed.
Part B.
1. Person(s) or firm(s) who are financially responsible for the land-disturbing activity (Provide a
comprehensive list of all responsible parties on an attached sheet):
N C Wildlife Resources Commission (Shannon L. Deatonl shannon.deatonCd)ncwildlife.org
Name E-mail Address
1721 Mail Service Center 1751 Varsity Drive
Current Mailing Address Current Street Address
Raleigh. NC 27699-1721 Raleigh. NC 27606-2576
City State Zip City State Zip
Telephone [phone] Fax Number [phone]

14
2. (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address
of the designated North Carolina Agent:
Name E-mail Address
Current Mailing Address Current Street Address
City State Zip City State Zip
Telephone Fax Number
(b) If the Financially Responsible Party is a Partnership or other person engaging in business under an
assumed name, attach a copy of the Certficate of Assumed Name. If the Financially Responsible
Party is a Corporation, give name and street address of the Registered Agent:
Name of Registered Agent E-mail Address
Current Mailing Address Current Street Address
City State Zip City State Zip
Telephone Fax Number
The above information is true and correct to the best of my knowledge and belief and was provided
by me under oath (This form must be signed by the Financially Responsible Person if an individual
or his attorney-in-fact, or if not an individual, by an officer, director, partner, or registered agent with
the authority to execute instruments for the Financially Responsible Person). I agree to provide
corrected information should there be any change in the information provided herein.
Shannon L. Deaton
Type or print name (~~
_ < sr~ i~r~v~~ d~ a~
Signature
Habitat Conservation Program Manager
Title or Authority
2~ '~('~C~ 'i
Da
I~ ,~-~~ a-ui JeQ~ ~ (-~pi'Q,~ _, a Notary Public of the County of }}Q.Y t~Z'f'~
State of North Carolina, hereby certify that .~~IGt YtYlr n •/L~Gt•:{'b1~1 appeared
personally before me this day and being duly sworn acknowledged that the above form was
executed by him.
Witness my hand and notarial seal, this ohs day of a~'gY~l . 20 U ~
SHAUNAJEAYNE GLOVER ~~'',,
NOTARY PUBLIC Nota Shaw~ti~:.. ~~rv ~o`~
COUNTY, N.C.
~ ° ~r~ off' My commis ' expires y ' ~ ' ~t t

15
Appendix 2: Erosion and Sediment Control Plan Checklist
dt~o~ .
~`
STATE OF NORTH CAROLINA
Department of Environment, Health and Natural Resources,
Land Quality Section
EROSION AND SEDIMENTA710N CONTROL PLAN CHECKLIST
The foYnulr~tg dt~rts Mould be inoorpor~etl wAh rasped to spr-~itic sie caldtliorls, ~ an ern5ion and sl3dunenlation cort[rol plan:
LOCATION INFORMATION
~_ projL~ brdUOn
y` Roorly, street,
~,_ North anuw
~,_ _ Sole
~ _ ~~t9 lakes. streams a other ntajcx drdirtagr, vmys
GENERAL SffE FEATURES
_ Nortlt Arrow
~, :,nlc
Properly Yte
-.. \._ Lagexl
F~cstig axtbtas
_ ~ Prgw,ed art0atus(ia., fhd:, ~ }
_ ~ Limit and arnxrge d dGaxbed arm
„ a _ l~trurtd epsting btr-drtgs bc~n and devabcrts
~ PL-tnrtrxl arcl rsdstirxJ ,carts ktcatiart axi elevations
___. I nt :trx1/or txtYirtg rurrrbers
_ ` l~rtd use d sunourx~rg arm..
_rvs,v. Rack aACxapr
-- Seeps or springs
ti Wciiartd 6tti~
_ ~ Easerrrertts (5,~; tka.,yr-•-)
~ SVr~, lam, porxk;, chairraye ways. dams
--_ 8axx4xies d tttR total tc~t (t.,,v- -~1...,s,ie.)
r n tlorrow atd~r waste aea5 (Tktte - witert ~ parser
frtartcidly for Uxa arera9 project is not the person fvtarx:ktity
resportstbie Icr df-stie harow aces nN regularted try the
provisions d the Miring Add 1971 surd otf-site waste
arrs3s ttiftrx Utah k9nd its regulated by the f)eparbrtertt
of Hurrcm Resources, yuck aroas should be considered
separate Ind disturltirg activities srdtjec7 to the
Sedirrtestta9iat PoAution GortLol Add 1973. Oil site
barrow are®s ere subject to tlxr regrtirentents d the
AAirtirtg Act d 1971).
~. Stodcpied topsc~l a sultsal brttiort
_'^~ Strost proffer
SffE DRAINAGE FEATURES
__ Ettisfng artd plarxted ttairtage pattefns (r>dude dl-si~
areas that drain ttuatgft project)
~ Size d Areas (Aaeage)
„~ Size d kxatlort d crMeris aril sewers
_ ~ Sotls irtbrrttamort (type, special dtarader's&s}
Design ralaAsllats is pmk d runoff (ndud"rg
tfte cortstructlort phase and final nxtofl ooc#fidents d
Ute site)
Design talaAa6orts std Wf15QUG@al deteis for CIIVefLS
and storm sewers
~ Design r JcxAa6orts, cross sedons std nteUtod d
stabilizaticm of existing ard planned cltarvx.~ls (irtckxle
terttpctrary linings)
:t Design cala42ti[ns ancf cortsLtx.~irxt deta~ d energy
dissipates blow culverts and strum stwver outlets
flex rip-rap aprons, include stone stizes (tkameters) and
apron dirrxnstrms)
Sal irrlorm~tkn bdrnv aNert and state sewn outlets
r ~ n Design atlairdions and construction detr~ls to axrtrd
groundwatcar, i.e. seeps, high water table, ed.
\ Named «xxiv~ watenoorxse a name d nxxridpal
operates («>fy where strarnvaltx disdtarges are to oaxx}
EROSION CONTROL MEASURES
~ Lrx3rstd
.__ I.ncation d temporary arxi perrn-artent mmsrtte;:
_ Cmstructiort drawigs and de4els tar trxrtporary and
perrrtanent measures
v _ _ Design rralcxllliorts kx sedxnett trams and atlter ntesmrres
_ ~~ M:tirdtxtartce reyuuiremr'rtit dtxirg car..6uc,%ori
V_ Person responsil#! to ma6tt[narxx: (letting anstructlon
_ v MdMertance regtarxtartls axl respats~Ir; lxrrxxt(s) d
pernrarrere n>Lasrxes
V[GETATIVE STABIL2AT10N
~ Arf.-is and acreage >v be vegerativcfy stabi6zucl
ti _ !'lartned veyela9txt wdh deLals of pkatts, serxi, mAcit
arxi ter~zer
_ ~ _ Specifirricans ~r pcYmnertt and kxxr>p~ta~y veyc~l~on
Mettxxi d sal pepara6on
NOTE: SFxx/d irtdude prw'siats tot grafrtct a>rrr m exposod slopes
witltirt ~ work'rtg days kibwirxj ccmperim d any phase d
graddtg, permanent ground aver far all cis><ibed seas witltit
~ waivg drrys a 120 calendar clays (whichever is starter)
folbwirty comple6crt d mrutnxAOn or development
OTHER REQUIREMEAITS
_~ Narratve desa~irtg oatsttxtim sequence (~ needed)
Narrative descrtlx'tg the rtau-e std purpose d the
construction activity
~~_ Canple9ed FnarXial Respons~tty/iDwrwrsltip Farm (to be
signed by Person frtanaany resportsdtle far prolecf)
~,, raid spacibradorrs regadxtg erosion oontrd
~_ Canstnfctiort sequence raided to sedntert>Gi6ort and erosron
oorttrd pndude itstailaUOn d critical rttaasures prior to
irtitiafion d Ute lard-rxskrtbing activity auxi removal d
rtteastaes attar arms they serve have been pemtartently
slaWized.
Rev. 17A3
7S3

16
Appendix. 3: Bowlin Mitigation Site Conservation Easement and Survey Plat

17
gK: 00353
STATE OF NORTH CAROLINA
ASiil~ COUNTY
SPO File N'nmber
prepared by: Office of the Attorney General
Property Corurol Stctioa
Return m: John Barbour, Slate property Office
1321 Mail Service Center
Raleigle, NC 27699-1321
FILED
PG: 1171 ASNE COUNTY
SHIRLEY 8. WAS-~eE
REGISTER OF DEEDS
FILED Sep 18, 2006
AT 02:56:42 pm
/p"~ BOOK 00353
START PAGE ~ 17 ~
ENp PAGE 1180
IldSTRUMENT ~ 06953
CONSERVATION EASEMENT
T]<IIS CONSERVATION EASEMENT DEED, grade this 1st day of September, 2006, by
HA170LD B. BOWY.IN and wile, ANNE L. BOWLIN, DYIYIPSE E. BOWLIN, JR., attd wife,
'VZEYtItiETTA J.130WLIN; C. Gi;.ENN $OWL1N and wife, PENNY N. BOWLIIN'; turd ROBERT B.
BOWLINTT acrd BELTI~IDA S. BOWLIN, ("Grantors", to the Slate of North Carolina, ("Crarttee"~~
whose meitit~ addross is State of North Carolina, Deparmnent of Administration, State Propexty Office,
1321 Mail Service Corner, Rakish, NC 37699.1321. The designations Grantor and Grantee as used herein
shall iaChrde said parries, their heirs, successors, and assigns, and shall include singular, plural, masculine,
feminine, or neuter as required by context.
wlTrl>~ssETa:
WHEREAS, pursuant to the provisions of N.C. Gen. Scat § ! 43-214.8 et seo., the state of North
Carolina has established the Ecosystem Enhancement Program (formerly known as the Wetlands
Restoration Program) within the Departtaptt of Environment and Natural Resources for the purposes of
acqutnng, mautTainmg, resWring, enhancing, creating and preserving wetland and riparian resources that
cona~lbute to the protection and improvotnent of watt;r quality, flood prevention, fisheries, agaatic hathitat,
wildlife habitat, and recreational opportunities; and
W H$AEAS, The Stara of 2~Tordt Carolina is qualified to be the Grantee of a Conservation
Easement pwsuaat to N.C. Gen. Slat. § 121-35; and
WHER)rAS, ~ Bcosystcm F.nhancemzat program to the Department of Environment and
lYaturat Resources has approved acceptance of Ibis insu~ent; and
WHEREAS, tht: Department of Environment and Natural Resources. the North Carolinb
Departtneat of Transportation trod the United States Army Corps of Engits, Wilmington District entered
into a Metnoraadtmr of A~ecnnent, (MOA) duly executed by all Patties in Grtsensboro, NC on loly ~~,
2003. This MOA rzcognizes drat Wr Ecosystem Enhancement Program is to provide for cotnperut<tory
mitigation by effective ptouctio~n of the land, watex atxl natural resources of the Stara by restoring,
enhancing and prestxving aos7'rt~ function; and

18
BK:00353 PG: 1172
WHEREAS, the acceptance of this irtslr'umnnr for and on behalf of the State of Noah Carolina
was graaend to the Deparaneat of Admiaisorstion by resolution as approved by the Governor and Council
of State adopted at a meeting held in the City of Raleigh, Notch Carolina, on t6C 8"' day of February 2000;
and
W HEIiEAS, Grantor owns w fee simple certain reel property situated, lying, and being in Peak
Crcelc Township, Asbe CowMy, North Carolina (the "Property"), rood being more particularly described as
that ctirtein parcel of land containing approximately acres and being conveyed to the Grantor by
deed as receded in Yked Boole 290 H Page 2268 of the Ache Coumy Registry, Noah Carolina; a,td
WHEREAS, Grantor is willing to grant a Cottstrvation Easement over the herein described areas
of the Property, thcx>rby restricting and limiting the use of the included areas of the Property to the tams
and crarditions and purposes hereinafter set forth, and Granter is willing to accept such Conservation
tasemenc. 'this Conservation Easement shall be for the prott:ction and benefri of the wets of Peak
Creek.
NOW, THF.REF'ORE, in consideration of the mutual covenants, terms, conditions, and
restrictions hereinafter ss:t froth, Grantor uacondiuonally and irrevocably hereby grattt5 and conveys unto
Gr-ancee, its successors +urd essipas, t'orr:vrr and in perpetuity, a Conservation Easement of the nature and
clurracter and to the extent hereinafter set forth, over a described erta of the Proptrty, refarrr^d to err-reatter
as the "Easement Area", for slre benefit of the people of Noah Carolina, and being all of the tract of land
as idemific:d as Trau "Coaservatioa Easement tt2" as shown on a plat of survey entitled "Survey of
Conservation Easement acquirer! by Nortb Carolina Departmtat of Traasportatioa for North
Grolias Wildlife Resource Commission" dated 4-15-2003, certified by RC. Miller, and attached
hereto as )exhibit "A". Tract "C.oaservatioa Easement A12" being more particularly described as follows:
See Attached Exhibit ~B"
The purposes of this Conservation Easement arc to maintain, restore, enhance, crtatc end prnrscrvc
wetla„d and/or riparian resources in the Zrasentent Arca that contribute to the protection and improvement
of water quality, flood prevention, fssheries, aquatic habitat, wildlife habitat, and recrraiioaal opportunities;
to maintain permat-ently the Esserment Arta in its natural condihon, consrstrsr,r with these purposes; and to
prevent any use of the ~erneat Area that will sigrtificaraly impair or interfere with these purposes, To
arihieve Ihcse purpoycs, the following conditions ru,d rtstrie0ions err set forth:
1. DfJItATlON OF EASp:MENT
This Conservation 1=ascmtnt shall br perpetual. It is an tascmer-t in gross, runs with der land, and
is rnforcrable by Grantee asaiast Grantor, their personal representatives, heirs, successors, and assigns,
lexters, agents, and licensees.
I1. GRANTOR RES>/R'VED USP.S AND RESTRTCTEU ACTI,V^TTi6S
71re Easement Area shall be nytricted from any development or usage that would impair of
interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use
hrrein, any activity in, or use of, the Easement Area by the Grantcx is prohibited as inconsistent with the
purposes of this Conservation Easement. Any rights not expressly reserved hereunder by the Crrantor have
beer, ~griired by the Grantee. The following specific uses are prohibited, restricted, or reserved as
indicated;
A. Recr~-tioo,-1 Uses Grantor expressly reserves the right to undeveivped recreational uses
iacludino hiking, bird watching, hunting and fishing, and access to the Easement Area for the
purposes thereof. Usage of motorized vehicles in the F.asemern Area is prohibited, except as
they are used exclusively for management, maintenance, or stewardship purposes, and on
existing trails, Paths or roads.

19
BK:00353 PG. 1173
B. Education ~CTses. The Grantor reserves the right to engage in and permit others to engage in
edncatioaat uses is the Easement Area not inconsistent with this Conservation Easerrttat, and
the right of access w the Easement Area for such purposes including organized tducational
activities such ~ sine visits and observations. Education uses of the proparty shall not after
vegetation, hydrolo&y or topography of the sits.
C. Vegetative Cutting. Except as related to the removal ofnon-native plants, diseased or
damaged trees, and vtgetation that obstructs, dcstabilizss or rendrrs unsafe the Basemen[ Arne to
persons or natural habitat, all cutting, removal, mowing, harming, or destruetioa of any trees and
vegetation in the Easement Areas is prohibited..
U. industrial, Residential and Commercial User. All arc prohibited in the Easement Ama.
l;. Agricultural >ffse. Ali agricuhurat uses within fife Easement Arta inctudin; any use for
cropland, waste lagoons, ~ pastureland are prohtbited.
F. New Consu~etion. Tbece shall be no building, facility, mobile home, antenna, utility pok,
tower, Ot other strtxture constructed or placsd in the Easaatent Area.
G. Roulr and mils. There shall be no eonsrntcdon of roads, trails, walkways, or paving in the
Easement Arta. Existing roads or trails locntsrd in the Easement Aura may be maintained by
Grantor in order to minimize runoff, sedimetuation and for access W tht interior of the Property
for managcrnent, maintenance, stewardship ptrposes, or tutdeveloped recreations! edtuational
uses of the Easement Area. Hxisting roads, trails or paths may be rnaiarained with loose gravel
or pemrartent vegetation to stabilize or cover fire surfaces.
H. Signs. No signs shat! be permiued in the Easement Area except interpretive signs describing
restoration activities and the conservation values of the Easeaiettt Area, signs identifying ate
ownar of the property and the holder of the Conservation Hasemem, signs givins directions, or
signs prescnbing rules sad regulations for the use of the Easemeni Area may be allowed.
L Dumping or StorinE. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances or machinery, or other material in the Easement Area is prohibited.
r Grading, Mineral Use, EYeavutioa bredgiag. There shall be no grading, filling, Atcavation,
dredging, mining, or drilling; no removal of wpsoit, sand, grave], rock, pear, minerals, or other
materials.
K. Water Quality and Drainage Patterns. There shall be no ditcing, drainiig, dredging,
channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting
the diversion of surface or under~oturd water. No altering or tampering with water control
savctures or devices, or disruption or attaation of the rw.tw~ed, anhanced, or created drainage
patterns. All removal of wedands, polluting or discharging lam waters, springs, seeps, or
wetlands, or use of pesticide or biocidas is prohibaed. Existing ditches draining the farm fields
may be kept open to the extent necessary w prevent hydrologic trespass on adjuceet agricultural
fields. The Grantor will notify the Grantee 3 weeks prior to the planned ditch cleaning. Dinh
cleaning activities that increase sediment sod agricultural chemical loading to the stream wit! be
avoided !n the event of an emergency interruption or shortage of aU other water sotuces, water
iTOm within the Easetruxrt Area may temporarily be used fur good cause shown as nteded for the
survival of livestock and agricultural production.
The Grantor retains the ability to access rite existing drainage ditch dra~tt lines through the
conservation casement as necessary for maintenance sad zepairs so they will remain functional and not lead
to impaired use of the adjacoat farmland not covered by this constrvation easement. The grantor wit l
contact the gearttee t'WRC or State of 1~1C) one wtelc prior m beginning work in tht casement area. Said

20
gK: Q0353 PG_ 1174
maintenance and repairs in the conservation easement area will be performed to the reasonable satisfaction
of the grantee (WRC or State of NC).
L Snbdivisaa and Conveyance. No fiuther subdivision, partitioning, or dividing of the
Easeaent Area is allowed. Unless agreed to by the Gramee in writing, any future cnveyance of
the Easetttent Area std ttte rights as conveyed herein shall be as a single block of property. Atry
future conveyance of the rettraming fee simple rights shall be subject to this Conservation
Easement. Grantor agrees for itself its successors and assigns, that in rite event it transfers the
Property, or any portion thetxof, such transfer is subject w the Grantee's right of ingress, egress,
and regress over and across the Property to the Easement Area for the purposes sot forth herein.
M. lkvelopmaut Rights. Alt development rights era removed from the Easement Arta and shall
not be transferred.
N. Disturbaaax of Natural )Features. Any change, disturbance, alteration or impairment of the
natural features of the Easement Area or any intentional introduction ofnon-native plants, trees
and/or animal species by Grantor is prohibited
The Grantor may request permission to vary from the above restrictions for good cause shown,
provided that any such request is eoasisr~ent with the purposes of this Conservation Pasemeru. The Grantor
shall nor vary from tyre above re~rictions withow fast obtaining written approval from the N.C. Ecosystem
lrnha»cement Program, whose mailnag address is 1652 Mail Services Center, Raleigh, IBC 27699-1653.
Ill. CrRANTEE RE. I~R U
A. ingress, Egress and iaspeetkn. The Grantee, its employees and agents, successors and
assigns, receive the perpetual right of general ingress, egress, and regress m the Easemert Area over the
Property at roasottable times to tmdertalce any activities to restore, manage. tnaintaia, enhance, and tnanitor
the wetland and riparian resowces of the F.asemcnt At~ta, in accordance with restoration activities or a lone
term ntattaganent plan. Unlesa otherwise specificaly sot forth in this Conservation Eas~nent, the rights
Eraetcad herein do tat iacAuie or establish for the public eery access riEMs.
H, Restoration Activities. These activities include planting of trees, shrubs and herbaceous
vegetarioq ittstallaiian of monitoring wells, utiliution of Davy equiptnem to grade, fill, and prhp+ae me
soil, modification of the hydrology of the site, and installation of natural and manmade mata'ials as needed
in direct in-stream, above ground, and subterrmeous water flow.
iV. ~IV)FORCEMEN'f AND R>a.MEIDi]ES
A. Irnforcensent. To accomplish the purposes of this Conservation Easement, Grantee is allowed to
prevent any activity within the Easement Ares that is inconsistent with the purposes of this
Easement and to require to restoration of such areas or features of the Easemeru Area that may
have been damaged by such activity or use. Upon any breach of the terms of this Conservation
Easement by Grantor, their successors or assigns, drat comes w the attzntion of the Grantee, the
Grantee shall, except as provided below, rwtify the Grantor, their successors or assigns ut writing
of such breach. The Grantor shall have Winery (90) days after receipt of such notice m correct the
conditions constituting such breach. if the breach rertteitts uncured after ninety (90) days, the
Granue may enforce this Conservation Easement by appropriate legal prvaedings iruluding
damages, injunctive and outer relief. The GratrtCe shall also have the power and authority,
coasistunt with its statutory authority; (a) to prevent nay impairment of the 1asement Area by acts
which may be ualawfttl or in violation of this Conservation Easement; ib) to otherwise preserve or
protect its interest in the Property; or (c) to seek damages from any appropriate person or entity.
Notwithstanding the foregoing, the Grantee reserves the immediate rimer, wirhout notice, m obtain
a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this
Corrservatioa ~ is or would irreversibly or otherwise materially impa'u the benefits W be

21
BK:OD353 PG: 1175
d?aived form this Conservation F.aserr-eat. The Grantor and Grantee adrnowtedge chat under such
circumstances darrragc to the Grantee would be itrepau~able and rtmodiGS at law will be inadequate-
The righu 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 conneaioa with this Conservation
basement.
B. Ynspeetiota. Thu Grantee, i~ employees and agents, successors and assigns, have the righ[, with
reasonable notice, W enter the Easement Area over the Property at reasonable times for the
Purpose of inspection to determine whether the Grantor, their successors or assigns are complying
with the terms, conditions and restrictions of this Cooservation Easenuetrt.
C. Aeu Iseyond Grantor's Control Nothing containing in dtis Conservation Easement shall be
construed m eatide Grantee to bring any ac[ion against Grantor, their successors or assigns, for
arty injury or change in the Easement Area caused by drird paRies, resulting form cause9 beyond
the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, oc
from any prudent 8ctian Calton in good faith by the Grantor under etaergeney conditions to prevent,
abate, or mitigate significant injury to life, damage to property or harm to the Property resulting
firom such causes.
r!. Costs of EnforeemeaL Beyond regular and typical trronitoring, any costs incurred lry Grantee in
enforcing the terms of this Conservation Easement againu Grantor, their successors or assigns.
including, without limitation, any costs of restotxdon noce~si[ared by Grantor's acts or omissions
in violation of the terms of this Conservation Easement, shall be borne by Grantor.
E. No Wsiver. Enforcement of this Easement shaD be at the discretion of the Grantee and any
forbearatncay, delay or omission by Grantee to exercise iu rights hereunder in the event of say
breach of any term sec forth herein shall not bt construed to be a waiver by Grantee.
V. MTSCELLAIV~OUS
A. This iasuvme[tt sets forth the entire agr~ent of the parties with respect to the Conservation
Easement and supersedes all prior discussions, negotiations, understandings or agreements relating
to the Conservation basement. !f any provision is found to be invalid, the remainder of the
provision of the Conservation Easeme;at, and the application of such provision to persons or
circumstances oNer than those as to which it is found W be invalid, shall not be affected thereby.
B. Artiy notices shall be seat by registered or certified mail, return receipt requested to the parties at
then addresses shown above or to other addresses) as either party establishes in writing upon
notification to the other.
C. Griartor shag notify Grantee in writing or the rutme and address and any Parry to whom the
Property or any part thereof is to be traasterred at or prior M the time said ersnsfrr is made.
Grantor further agreex to make any subsequtatt lease, deed, or other legal instrument by which any
interest in the property i$ conveyed subject to the Constrvacioa Easement herein created.
D. Tbtl Grantor and Grantee in writing of the name and address acrd any party to whom the Property
or any part ttrmreof is to be irarrsferred at or prior to the brae said transfer is roads, Granter further
agrees to make any subsequent lease, deed, or other legal instrument by which any interest is dto
Property is conveyed subjecx to the Conservation l;,asemesuc Lereia created.
E_ This Conservation Ease:me:nt may be amended, but only m writing sigtrod by all parties hereto, and
provided such amendment dory not atieu the qualification of this Conservation Easement or thr
status of the Graatex under any applicable laws, and is consistent with the purposes of the:
Conservation Easement.

22
BK- 00353 PG: 1176
>:. The parties recognize and agree thilt ttrt t>ent~its of this Conservation Easement are in gross and
assiprable provided, however, that the Grantee trtxeby covenants and agrees, that in the event ~t
treasfers or assigns this Conservation Easement, the organization receiving the imerest will be a
qualified holder under N.C. Gen. Stet. § t21-34 et uq. and § 170(h) of the ln[ernal Revenue Code,
and the Grantee further covenants and agrtre:s that tl~e terms of the transfer or assignment will be
such that the transferee or assignee wilt be required to continue in perpetuity the eons~xvation
purposes descnbed in [his document.
Y'L QUIET FNJOYM>;NT
Grantor reserves all remaining righu accruing from ownership of the Praptrty, including the nght
to en~e in or ponnit or invite others to etreage in only those uses of the Easement Arna that era
expressly reserved herein, not prohibited or restricted herein, and are not inconsistent with the purposes
of this Conservation Easement. Withou"t limiting the generality of the foregoinS, the Grantor uxprCSSly
reserves the Grantor, and tht Grantor's invitees and licenates, the right of access to the F.asemen[ Area,
and the right of quirt enjoyment of the Facarnznt Area
1'n HAVE AND TQ 1fOLD the said ri;hts and ease~ncnrs perpetually unto the Stun oCNorth
Garnlina fnr rho aforesaid purposes.
ANO Cuarrtor coveaanu that Grantor is seized of said premises in fee and has the right the convey
tlx: permanent Conservation Lasentent herein grsa[ed; that the same are fret trom encumbrances and
that Grarrtor will warrant and dr&nd title to the same agmnst the cleans of all persons whomsoever.
1N TESTIMONY WHJ;REOF, thr. CirUnwr has hereunto set his hand and seal, the day and year
first ntxtive written. ~ ~~ ~~ (/n~/ .~~
~,~~ ~ ~ ~~tWrG.../ (SEAL)
HA~fi~ROLD~~B~~. [(A'~~OW LlN
ANNE L. BOWLIN
/t.s- Z`~. AL)
v S F. BowLlav, ,1R.
J~~ ~ !~ ,.Q~SIrAL)
V/1~rRNETT'A J. ~Wf1{1N~,
( ~/[~~ /~ t~.ly~s (SEAL)
. CJ LF~IN BOW
~//J ,,,(SEAL)
p13N N~BO LIN ~Q
' ~/~ (SEAL)
IiOBE//jjAT JB. ~OWLI,,N```_ -.~ D~..
~r.1'i~,~aL ~' ~aV~,~- (SEAL)
BELINDA S. BOWLTN

. ~
23
BK:00353 PG: 1177
NORTH CAROLINA
COUNTY 4F A-SHE
I, Linda B>.dger, a Notary Public in and for the County and State uforesaid, do hereby
certify that HAROLD B. BOWY.IN and ANNB L. BOWLIN, Grantors, personally appeared before
me this day and acl-nowledged the execution of the foregoing instrument.
(ltl WYTi~IE$$ WHEREOF, I have hereunto set my 6sud and Notary Seal this die 34s` day of Augtut,
~~
Not-t.. ~~ - .`,a ~~~p. g~p
r .r ;~OTi~~'
My commission expires:_ c[T '-/S/'~g ~ ~ ~~R
i~'dr~, '~L1C- ti.
NORTH CAROLINA ~
COUNTY OF ASIiE
I ~;,,~~Q~ ~~~,~o,~,, a Notary Public in and for tt-e County and Stata aforesaid, da hweby
certify that 17YMPSE . BOWI.IN, JR aad VERNETTA J. BOWL><N Grantors, personally
appeared befota trre this day and ac{cttow-Gdged the execution of the foregoing instrument.
iN WITNESS WHEREOF, t have hereunto set my hand and Notary Seal dt~s the ~~_ day of
September, 2046
NOtery Pub11C // J,~ QP pn'-%~~'tr~
-~9-U$ ~ _ SOT.. '•,> ~
My commission expires: _
~ ~.. -
~;~.
= E c ~ _~uoa
NORTH CAROLINA '~tyF ~~"°'~~~~
~~. COUN~.r-'t'
C'Otl'N"TY OF ASHE '~•..,,,,~.N.+
(, ~'w~ ~,~l~r . a Notary Public in and for the County and Srata aforesaid, do hereby
certit~ that C. GLE N L30WLIN and PENNY N. BOWLIN, Grantors, personally appeared before
me this day and acknowicdged the execution of the foregoing itutrutttcat.
IN W rTNB55 WHEREOF, I have hercnnto set my hand and Notary Seat chic the ~ .day of
September, 24~fi.
Notary Public G
My commission expires: o " '+r~~T ~ J'~Ot~ ~ ~
~ txMw- ts3p.
61t~
sy~ ~L~G ~ci~

~ ~.
BK:00353 PG: 1178
NORTH CARO>unrtw
COUNTY OlF ASHE
r, , ~~~~ a Notary Public in and f+nc the County aad S'tata aforesaid, do herzby
certify that ROBERT)s. ' OWY.YN attd BELINDA S. SOWLIN, Grantors, personally appeared
befora ana this day and acknowledged the execution of the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hated and Notary Seal this the day of
September, 2006
G ~~
Notary Public ~-
My commission axpires: / - ~-af~ ~1
24

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BK:00353 PG: 1180
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