20021259 Ver 1_Mitigation Bank Information_20020601

Deep Creek Wetland Mitigation Bank.
Yadkin County, North Carolina
June, 2002
American Wetlands & Natural Resources Exchange, Inc. Soil & Environmental Consultants, PA
Mitigation Banking
Agreement
Aa3'y':°:RY READY INDEK INDEXING SYSTEM
AGREEMENT TO ESTABLISH THE DEEP CREEK MITIGATION BANK
IN YADKIN COUNTY, NORTH CAROLINA
This Mitigation Banking Instrument (MBI) is made and entered into on the
day of , 2002, by American Wetlands and Natural Resource Exchange
Corporation, hereinafter Sponsor, and the U. S. Army Corps of Engineers (Corps), and
each of the following agencies, upon its execution of this MBI, the Environmental
Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS), the North Carolina
Wildlife Resources Commission (NCWRC), and the North Carolina Division of Water
Quality (NCDWQ). The Corps, together with the State and Federal agencies that execute
this MBI, are hereinafter collectively referred to as the Mitigation Bank Review Team
(MBRT).
WHEREAS the purpose of this agreement is to establish a mitigation bank (Bank)
providing compensatory mitigation for unavoidable wetland and stream impacts separately
authorized by Section 404 Clean Water Act permits in appropriate circumstances; and
WHEREAS the Sponsor is the record owner of a perpetual easement for the
purposes of creating wetlands habitat on a tract containing 70.745 acres located in Yadkin
County, North Carolina, described in the Deep Creek Wetlands Mitigation Plan
(Mitigation Plan), and as shown on the attached survey (Property).
WHEREAS the agencies comprising the Mitigation Bank Review Team (MBRT)
agree that the Bank site is a suitable mitigation bank site, and that implementation of the
Mitigation Plan is likely to result in net gains in wetland and stream functions at the Bank
site, and have therefore approved the Mitigation Plan;
THEREFORE, it is mutually agreed among the parties to this agreement that the
following provisions are adopted and will be implemented upon signature of this MBI.
General Provisions
1. The goal of the Bank is to restore, enhance, and create Headwater Forest
Wetlands (1996 NC DEHNR Field Guide) specifically, within the broader classification of
Palustrine Forested Wetlands (Cowardin) and restore 5,540 linear feet of stream channel in
order to replace their functions and values to compensate in appropriate circumstances for
unavoidable wetland and stream impacts, authorized by Section 404 of the Clean Water
Act permits in circumstances deemed appropriate by the Corps after consultation, through
the permit review process, with members of the MBRT.
2. The Corps will ensure that use of credits from the Bank to offset wetland
and stream impacts authorized by Clean Water Act permits will be in compliance with the
Clean Water Act and implementing regulations, including but not limited to the 404(b)(1)
Guidelines, the National Environmental Policy Act, and all other applicable Federal and
State legislation, rules and regulations. This agreement has been drafted following the
guidelines set forth in the proposed "Federal Guidance for the Establishment, Use and the
Operation of Mitigation Banks," 60 Fed. Reg. 58605, November 28, 1995 (Guidance).
3. The MBRT shall be chaired by the representative of the U.S. Army Corps of
Engineers, Wilmington District. The MBRT shall review monitoring and accounting
reports as described below. In addition, the MBRT will review proposals for remedial
actions proposed by the Sponsor, or any of the agencies represented on the MBRT. The
MBRT's role and responsibilities are more fully set forth in Sections II. C. 3 and 6 of the
Guidance. The MBRT will work to reach consensus on its actions.
4. The Corps, after consultation with the appropriate Federal and State review
agencies through the permit review process, shall make final decisions concerning the
amount and type of compensatory mitigation to be required for unavoidable, permitted
wetland and stream impacts, and whether or not the use of credits from the Bank is
appropriate to offset those impacts. In the case of permit applications and compensatory
mitigation required solely under the Section 401 Water Quality Certification rules of
North Carolina, the N.C. Division of Water Quality (NCDWQ) will determine the amount
of credits that can be withdrawn from the Bank.
5. The parties to this agreement understand that, where practicable, on-site,
in-kind compensatory mitigation is preferred, unless use of the Bank is determined by the
Corps to be environmentally preferable.
Mitization Plan
6. The Deep Creek Wetlands Mitigation Bank site consists of 70.745 acres.
The land has recently been in cultivation, formerly producing corn on an annual basis.
Hydric soils on the site exist in one contiguous unit of 30.4 acres on the south portion of
the site. Approximately, 12.1 additional acres of wetland creation is proposed, resulting in
about 42.5 total acres of wetlands. There is approximately 4,526 linear feet of existing
channelized and dredged stream channel that have been functionally reduced to linear
drainage ditches. A more detailed description of the baseline conditions on the site is
contained in the Mitigation Plan.
7. The Sponsor will perform work described on pages 5-10 of the Mitigation
Plan, including planting, hydrologic and soil modifications. The purpose of the work, and
the objective of the Bank, is to restore 30.4 acres of former wetlands to Headwater Forest
Wetlands, create 12.1 acres of Headwater Forest Wetlands, and restore 5,540 linear feet of
stream channel on the 70.745-acre site.
8. The Sponsors shall monitor the Bank Site as described on pages 14-16 of
the Mitigation Plan, until such time as the MBRT determines that the success criteria
described on pages 11-12 of the Mitigation Plan have been met.
2
9. The Sponsor is responsible for assuring the success of the restoration and
creation activities at the Bank Site, and for the overall operation and management of the
Bank until such time as the success criteria described on pages 11-12 of the Mitigation Plan
have been met and the site has been transferred to a third party.
10. The Sponsor shall provide to each member of the MBRT the reports
described on pages 14-16 of the Mitigation Plan.
11. The Corps shall review said reports, and may, at any time in its discretion,
after consultation with the Sponsor and the MBRT, direct the Sponsor to take remedial
action at the Bank site. All remedial action required by the Corps shall be designed to
achieve the success criteria specified in paragraph 8 above. For all remedial actions
required under this paragraph, the Corps and the Sponsor shall agree on a work schedule,
and such remedial actions shall be monitored as described on pages 14-16 of the Mitigation
Plan.
12. The Sponsor shall implement the remedial actions required by the Corps
pursuant to Paragraph 11 above; provided that nothing herein shall affect any rights that
the Sponsor may have to seek reconsideration or review by the Corps and/or the MBRT of
the required remedial action.
13. In the event the Sponsor determines that remedial action may be necessary
to achieve the required success criteria, it shall provide notice of such proposed remedial
action to all members of the MBRT. No remedial actions shall be taken without the
concurrence of the Corps, in consultation with the MBRT.
14. The members of the MBRT will be allowed reasonable access to the
Property for the purposes of inspection of the Property and compliance monitoring of the
Mitigation Plan.
Use of Miti-gation Credits
15. The Geographical Service Area (GSA) is the designated area wherein a bank
can reasonably be expected to provide appropriate compensation for impacts to wetland or
other aquatic resources. The GSA for this Bank shall include the Yadkin River Basin,
Hydrologic Unit 03040101 in North Carolina. Use of a Bank Site to compensate for
impacts beyond the geographic service area may be considered by the Corps or the
permitting agency on a case-by-case basis.
16. The Mitigation Plan is intended to result in the following forms, amounts
and types, in acres, of compensatory mitigation:
Restoration 30.4 acres
Creation 12.1 acres
Stream Restoration 5,540 linear feet
Total (wetlands) 42.5 acres
3
All acres of restoration, creation, and enhancement will be Palustrine Forested
Wetlands (Cowardin).
17. Successful implementation of the Mitigation Plan will result in the
establishment of the following number of mitigation credits categorized by form and type:
Restoration (1:1) 30.4 acres 30.4 credits
Creation (3:1) 12.1 acres 4.03 credits
Total Wetland Credits 42.5 acres 34.5 credits
Stream Restoration Credits 5,540 linear feet
18. It is anticipated by the parties to this agreement that use of wetland
mitigation credits shall be "in-kind;" that is, that Palustrine Forested Wetland (Cowardin)
credits will be used to offset Palustrine Forested Wetland impacts.
19. It is anticipated by the parties that in most cases in which the Corps, after
consultation with the MBRT, has determined that mitigation credits from the Bank may be
used to offset wetland impacts authorized by Section 404 permits, for every one acre of
impacts, two credits will be debited from the Bank. One of those credits must be a
restoration credit; the remaining credit will be made up of any combination of restoration
or creation, as selected by the Sponsor and approved by the Corps during its permit
process. Deviations from this compensation ratio may be authorized by the Corps on a
case-by-case basis where justified by considerations of functions of the wetlands impacted,
the severity of the wetland impacts, whether the compensatory mitigation is in-kind, and
the physical proximity of the wetland impacts to the Bank site, except that in all cases, a
minimum of a one-to-one ratio of impact acres to restoration mitigation credits (acres)
must be met. Five thousand five hundred and forty (5,540) linear feet of stream credits
will be available for use as mitigation for stream impacts as authorized by the Corps on a
case-by-case basis.
20. Notwithstanding the above, all decisions concerning the appropriateness of
using credits from the Bank to offset impacts to waters and wetlands, as well as all
decisions concerning the amount and type of such credits to be used to offset wetland and
water impacts authorized by Department of the Army permits, shall be made by the Corps
of Engineers, pursuant to Section 404 of the Clean Water Act and implementing
regulations and guidance, after notice of any proposed use of the Bank to the members of
the MBRT, and consultation with the members of the MBRT concerning such use. Notice
to and consultation with the members of the MBRT shall be through the permit review
process.
21. Fifteen percent (15%) of the Bank's total credits shall be available for sale
immediately upon completion of all of the following:
4
a. Execution of this MBI by the Sponsor, the Corps, and other agencies
eligible for membership in the MBRT who choose to execute this
agreement;
b. Approval of the final Mitigation Plan
C. Delivery of the financial assurance described in paragraph 25 of
this MBI;
d. Recordation of the preservation mechanism described in paragraph 24 of
this MBI, as well as a title opinion covering the property acceptable to the
Corps;
Additionally, the Sponsor must complete the initial physical and biological
improvements to the bank Site pursuant to the Mitigation Plan no later than the first full
growing season following initial debiting of the Bank.
22. Subject to the Sponsor's continued satisfactory completion of all required
success criteria and monitoring, additional mitigation credits will be available for sale by
the Sponsor on the following schedule:
10% after first year, if interim success measures are met (25% of total)
10% after second year, if interim success measures are met (35% of total)
10% after third year, if interim success measures are met (45% of total)
15% after fourth year, if interim success measures are met (60% of total)
15% after fifth year, if interim success measures are met (75% of total)
or
25% after fifth year once overall success criteria has been met
(100% of total)
The above schedule applies only to the extent that the Sponsor documents survival
and growth of planted vegetation and attainment of wetland/stream hydrology as described
under the success criteria in the monitoring section of the Mitigation Plan. The final 25%
of credits will be available for sale only upon a determination by the MBRT of functional
success as defined in the Mitigation Plan.
23. The Sponsor shall develop accounting procedures reasonably acceptable to
the MBRT for maintaining accurate records of debits made from the Bank. Such
procedures shall include the generation of a report by the Sponsor showing credits used at
the time they are debited from the Bank, which the Sponsor shall provide within 30 days of
the debit to each member of the MBRT. In addition, the Sponsor shall prepare an annual
report, on each anniversary of the date of execution of this agreement, showing all credits
used, and the balance of credits remaining, to each member of the MBRT, until such time
as all of the credits have been utilized, or this agreement is otherwise terminated. All
reports shall identify credits debited and remaining by type of credit (e.g., restoration,
creation), and shall include for each reported debit the Corps Action ID number for the
permit for which the credits were utilized.
5
Proper Disposition
24. (a) The Sponsor shall grant a perpetual conservation easement, in the
form attached hereto in Appendix G. The sponsor currently holds a perpetual easement on
the property. A copy of the Easement is attached. In addition, the property is secured for
the purposes of creating wetland habitat through a Promissory Note and an executed first
lien Deed of Trust held by the North Carolina Department of Transportation (NCDOT)
for the purposes of insuring that such property is used for a Wetlands Bank to provide
wetlands mitigation for NCDOT needs. The permanent easement on the property will be
conveyed to the Piedmont Land Conservancy as soon as a title opinion is prepared and the
easement is recorded. The sponsor will retain the responsibility for the five-year
monitoring and maintenance period, or until success criteria standards have been met.
On March 12, 2002, the Board of Directors of the Piedmont Land Conservancy approved
acceptance of a permanent easement on the property. A copy of the letter, dated March
15, 2002 accepting the easement is attached.
A copy of the draft easement currently being used in negotiations between the Sponsor and
Piedmont Land Conservancy is attached. The Sponsor's legal counsel and the Corps'
Office of General Counsel developed this draft easement. The Sponsor shall also deliver a
title opinion reasonably acceptable to the Corps covering the mitigation property. The
property shall be free and clear of any encumbrances that would conflict with its use as a
mitigation site, including, but not limited to, any liens that have priority over the recorded
preservation mechanism.
(b) NCDOT agrees to subordinate its existing First Lien Deed of Trust
on the mitigation property, by executing and recording the form of Subordination attached
hereto as Appendix H, at such time as Sponsor grants and records the perpetual
conservation easement referred to in Paragraph 24(a).
Financial Assurances
25. The Sponsor shall provide financial assurances as described in Appendix F
(First Lien Deed of Trust, Promissory Note, Performance Bonds and Payment Bonds
attached).
26. In the event that the Sponsor defaults on its obligations to perform
construction activities called for in the Mitigation Plan, NCDOT agrees to exercise its
rights under the construction performance bond to ensure, to the maximum extent possible
consistent with the terms of the Mitigation Agreement entered into between NCDOT and
the Sponsor on April 16, 2001 ("NCDOT Agreement") and the construction performance
bond, that the construction activities covered by the construction performance bond are
completed. Consistent with the NCDOT Agreement, NCDOT will require that the
Sponsor maintain the construction performance bond in an amount sufficient to cover the
remaining construction activities, subject to periodic adjustment as provided in the
NCDOT Agreement.
6
27. The parties acknowledge that NCDOT is under contract with the Sponsor
to pay the Sponsor monies totaling $75,000.00 for Sponsor's performance of monitoring,
maintenance, remediation, and reporting called for in the Mitigation Plan for the wetlands
portion of the project. In addition, the Sponsor has provided NCDOT a performance
bond in the amount of $1,144,000 and a payment bond in the amount of $390,000 for the
stream restoration portion of the project. According to the NCDOT Agreement, a portion
of the aforementioned funds will be paid to the Sponsor after the Sponsor successfully
completes the monitoring, maintenance, remediation and reporting for the previous year.
In the event that the Sponsor defaults on its obligations to perform monitoring,
maintenance, remediation and reporting activities called for in the Mitigation Plan,
NCDOT agrees to ensure that the monitoring, maintenance, remediation and reporting
activities called for by the Mitigation Plan are completed.
Long-term Mamement
28. The Sponsor shall implement the long-term management measures
described in the Mitigation Plan, following construction (grading, stabilization seeding, and
planting).
Miscellaneous
29. Any agency participant may terminate its participation in the MBRT with
notice in writing to all other parties to this agreement. Termination shall be effective seven
(7) days from placing said notices in the United States mail. Member withdrawal shall not
affect any prior or future sale of credits and all remaining parties shall continue to
implement and enforce the terms of this MBI. Except for termination as described above,
this agreement may be modified only with the written agreement of all remaining parties to
this agreement at the time of the modification.
30. Any delay or failure of Bank Sponsor shall not constitute a default
hereunder if and to the extent that such delay or failure is primarily caused by any act,
event or conditions beyond the Sponsor's reasonable control and significantly adversely
affects its ability to perform its obligations hereunder including, without limitation: (i) acts
of God, lightning, earthquake, fire, landslide, drought, hurricane, storm, flood, or
interference by third parties; (ii) condemnation or other taking by any governmental body;
(iii) change in applicable law, regulation, rule, ordinance or permit condition, or the
interpretation or enforcement thereof; (iv) any order, judgment, action, inaction or
determination of any federal, state or local court, administrative agency or government
body; or (v) the suspension or interruption of any permit, license, consent, authorization or
approval. If the performance of the Bank Sponsor is affected by any such event, Bank
Sponsor shall give written notice thereof to the MBRT as soon as is reasonably practicable.
If such event occurs before the final availability of all credits for sale, the Sponsor shall take
remedial action to restore the property to its condition prior to such event, in a manner
sufficient to provide adequate mitigation to cover credits that were sold prior to such delay
or failure to compensate for impacts to waters, including wetlands, authorized by
7
Department of the Army permits. Such remedial action shall be taken by the Sponsor, only
to the extent necessary and appropriate, as reasonably determined by the MBRT.
31. No third party shall be deemed a beneficiary hereof and no one except the
signatories hereof, their successors and assigns, shall be entitled to seek enforcement
hereof.
32. This MBI constitutes the entire agreement between the parties concerning
the subject matter hereof and supersedes all prior agreements or undertakings.
33. In the event any one or more of the provisions contained in this MBI are
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability will not affect any other provisions hereof, and this MBI shall be
construed as if such invalid, illegal or unenforceable provision had not been contained
herein.
34. This MBI shall be governed by and construed in accordance with the laws
of North Carolina and the United States as appropriate.
35. This MBI may be executed by the parties in any combination, in one or
more counterparts, all of which together shall constitute but one and the same instrument.
36. The terms and conditions of this MBI shall be binding upon, and inure to
the benefit of the parties hereto and their respective successors.
37. This MBI may be executed in one or more counterparts, each of which will
be considered an original, and all of which will be considered one and the same instrument.
38. All notices and required reports shall be sent by regular mail to each of the
parties at their respective addresses, provided below:
Sponsor.
American Wetlands & Natural resource Exchange Corporation
Attn: Lamar Beasley
11876 Sunrise Valley Drive
Suite 200
Reston, VA 20191
Corps:
Ms. Jean Manuele
U.S. Army Corps of Engineers
Regulatory Division
6S08 Falls of the Neuse road
Suite 120
Raleigh, NC 276165
EPA:
Ms. Kathy Matthews
U.S. Environmental Protection Agency
980 College Station Road
Athens, Ga. 30605
FWS.
Ms. Marella Buncick
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa StreetPost
Asheville, North Carolina 28801
NRCS:
Ms. Mary Combs
State Conservationist
Natural Resources Conservation Service
4405 Bland Road
Suite 20S
Raleigh, NC 27609
NCWRC:
Mr. Frank McBride
North Carolina Wildlife Resources Commission
1721 Mail Service Center
Raleigh, NC 27699-1721
NCDWQ:
Mr. John Dorney
Division of Water Quality
North Carolina Department of Environment and Natural Resources
Parkview Building - Suite 250
2321 Crabtree Blvd.
Raleigh, NC 27604
NCDOT.
Mr. William D. Gilmore
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, NC 27699-1548
9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The Fisher River Mitigation Bank In Surry County, North
Carolina":
U.S. Army Corps of Engineers:
By:
Date:
Sponsor:
By:
Date:
See following page for additional Mitigation Review Team Members signatures.
10
See proceeding page for U.S. Army Corps of Engineers and Sponsor signatures.
U.S. Environmental Protection Agency
By: Date:
U.S. Fish and Wildlife Service:
By:
N.C. Division of Water Quality:
By:
N.C. Wildlife Resources Commission:
By:
N.C. Department of Transportation
(solely for purposes of Paragraphs 24(b), 26 and 27)
By:
Date:
Date:
Date:
Date:
11
List of Appendices
Appendix A. Deep Creek Final Mitigation Plan;
Appendix B: Property Survey and Legal Description;
Appendix C: Map - Geographic Service Area;
Appendix D. Construction Costs;
Appendix E: Maintenance and Monitoring Costs;
Appendix F. Form of Financial Assurance;
Appendix G: Form of Preservation Mechanism (Copy of Deed & Draft Conservation
Easement)
Appendix H: Subordination of Deed of Trust
12
Deep Creek Wetlands Mitigation Bank
Appendix A: Deep Creek Wetlands Mitigation Bank
The following Mitigation Plan describes the Administrative, Technical, and
Operational provisions of the project.
13
Deep Creek Wetland Mitigation Bank
Mitigation Plan
A. Administrative Provisions
The Deep Creek Wetland Mitigation Bank is proposed as a Private-Commercial Bank,
which will be operated as a Debit Bank and will offer wetland and stream restoration
credits, primarily for wetland and stream impacts by the North Carolina Department of
Transportation in the upper Yadkin River basin (Cataloging Unit # 03040101). An
easement is currently owned by American Wetlands and Natural Resources Exchange
Corporation (American Wetlands). The wetland mitigation effort will involve
approximately 42.5 acres, and approximately 5,540 linear feet of stream restoration within
a larger tract of about 70.745 acres.
Easement ownership will remain with American Wetlands during the minimum five-year
monitoring and maintenance period at which time the intent will be to transfer the
easement to an acceptable land conservancy organization.
Discussions and meetings have been conducted with a number of resource agencies in the
process of developing the Mitigation Plan. Representatives from the US Army Corps of
Engineers (USACOE), USDA - Natural Resource Conservation Service, USDI - Fish and
Wildlife Service, and NCDENR - Wildlife Resources Commission and Division of Water
Quality, have visited the site.
B. Technical Provisions
Location
The Deep Creek Mitigation Bank is located along Deep Creek, a tributary of the Yadkin
River in Forbush Township, Yadkin County, North Carolina. The property is located in
Sub-basin 02, Hydrologic Unit 22. This is the highest priority Sub-basin as assigned by the
North Carolina Wetlands Restoration Program and the second highest priority Hydrologic
Unit within the Sub-basin.
Land Use
The Deep Creek Mitigation Bank site consists of 70.745 acres. The land has most recently
been in cultivation, with corn having been produced on an annual basis. Hydric soils on
the site exist in one contiguous unit of 30.4 acres on the south portion of the site. There
are 12.1 additional acres of wetland creation proposed, resulting in 42.5 total acres of
wetlands. In addition, there are approximately 4,526 linear feet of existing channelized
and dredged stream channel that have been functionally reduced to linear drainage ditches.
These channelized and dredged stream channels will be restored, resulting in
approximately 5,540 linear feet of restoration.
These lands are classified as Prior Converted Wetlands, and this is supported by the
ditching system that is in place. The original classification of the site was very likely swamp
hardwood. These systems are more fully described in the vegetation section.
The land use in this portion of the County is primarily agricultural, with some rural,
residential home sites located on the higher elevations on the drainage divides adjacent to
State maintained roads. At the present time there are no zoning regulations in place
pertaining to Forbush Township; however, there are Subdivision and Watershed
Ordinances governing the development of subdivisions and other developments that might
impact the overall conditions of the watershed. For example, no subdivision is permitted
on lots less than 30,000 square feet unless authorized through a variance. The Watershed
Ordinances governs storm water run-off, and other factors affecting water quality. Any
development must be in compliance with these Ordinances. In discussions with the County
Zoning and Planning Office, they indicated there was very little development in this
Township. The landowner from which the Easement was acquired does not have any plans
for development of his adjacent property at this time. Should his plans change in the
future, the County Planning, Zoning, and Ordinances will apply. One adjacent landowner
on the northwest portion of the property has indicated he intends to continue farming for
the next few years, but it his long-term desire to plant the land in trees. In summary, with
the existing County controls in place, the direction the County is heading with their land-
use policies, and the known adjacent landowner objectives for the use of their properties,
the risk from incompatible land use as affecting the wetlands mitigation bank are minimal.
Geomorphic Position
The site occupies a broad flood plain and fluvial terrace position of about 730 feet in
elevation. Soil parent material is fine-textured alluvium deposited by the Deep Creek-
Yadkin River system. Elevation of the flood plain is about 2-4 feet above the base of the
small, unnamed tributary that runs through the site. The proposed restoration area is
nearly level (sloping at less than 1.0% toward Deep Creek) with little topographic
variation.
Soil Characteristics
Soils on the site are described in the following inventory:
Wehadkee Series Poorly-drained, fine-loamy, mixed,
thermic, Typic Fluvaquent
Chewacla Series Somewhat poorly drained, fine-
loamy, mixed, thermic Fluvaquentic
Dystrochrept
The Wehadkee Series, a Hydric Soil, comprises about 30.4 acres of the site, and represents
the potential wetland restoration area. The Chewacla Series is adjacent to the Wehadkee
2
Series downstream and represents potential wetland creation area. Soils are better drained
nearer to Deep Creek.
Site Hydrology
Drainage on the site is to the north toward Deep Creek. Runoff from approximately 0.9
square mile in one tributary and 1.4 square mile in another, converges on site. This runoff
and site precipitation provide input to surface and groundwater on-site. Two natural
tributaries drain toward the site from the south. These tributaries have been dredged and
channelized where they pass through the site toward Deep Creek, as part of agricultural
site development. The broad, flat area of Wehadkee soils has been ditched to facilitate
agricultural operations. The ditches are shallow and have partially filled-in, thus reducing
their effectiveness. Wetland hydrology can be effectively restored by filling the drainage
system and restoring the channelized streams to natural channel geometry. There is
potential for at least 5,540 linear feet of stream restoration within the proposed mitigation
area.
A water budget has been developed for the site which addresses inputs and outputs to and
from the system and is described below in Implementation Methods-Hydrology.
The site will provide mitigation for impacts in Cataloging Unit #03040101, with the
possibilities of negotiating to mitigate impacts in the adjoining Cataloging Units.
Vegetation
The proposed mitigation portion of the site is dominantly agricultural fields, currently in
corn stubble from the previous season. The channels and ditches on site have tree and
shrub species along the banks. The open field portion is surrounded by bottomland
hardwood forest on the west and south. Typical canopy species include water oak, willow
oak, green ash, yellow-poplar, sycamore, red maple, elm, etc. Sub-canopy species include
maple, alder, willow, silky dogwood, etc.
Habitat
Existing site habitat is comprised of: (a) cover, nesting, and travel areas along ditches, (b)
some open land feeding area, and (c) the large adjacent areas of bottomland hardwood
forest.
Diversity on site is low and habitat is somewhat broken by the large open fields.
Development of a bottomland hardwood system in the open field areas would result in a
large contiguous swamp forest allowing greater connectivity to Deep Creek and habitat for
bottomland species. Examples of species which would benefit from a large swamp forest
system include; Raccoon, Gray Fox, White-tailed Deer, Bobcat, Wood Ducks, and Wild
Turkey.
3
Proposed Mitigation Types
The intent of the mitigation effort is to develop a Palustrine Forested Wetland (Cowardin),
Bottomland Hardwood Forest Wetland (NCDEHNR 1996 Field Guide Report No. 96-01).
This will be done by restoring wetland hydrology to the hydric soil areas, as well as
developing wetland hydrology in the near-hydric areas. The reference sites for this project
are a suite of three areas immediately adjacent to the mitigation area (see site map for
location). The reference areas are described below.
The following table lists the proposed mitigation components:
Restoration (1:1) 30.4 acres 30.40 credits
Creation (3:1) 12.1 acres 4.03 credits
Stream Restoration 5,540 linear feet
TOTAL (Wetlands) 42.5 acres 34.43 credits
Reference Site
S?rr
The reference site for the project is a suite of three areas immediately adjacent to the
mitigation site (see accompanying map) which are also Palustrine Forested Wetlands
(Cowardin), Headwater Forest Wetlands (NCDEHNR 1996 Field Guide Report No. 96-
01). The areas have been visited by the USACOE and have been deemed to be acceptable.
The reference areas are in a similar (slightly lower) geomorphic position and soil type and
represent the target vegetative condition.
Vegetation at the reference site is dominantly old-growth bottomland hardwood species
such as; Willow Oak (Quercus phellos), Water Oak (Quercus nigra), American Elm (Ulmus
Americana), River Birch (Betula nigra), Tulip Poplar (Liriodendron tulipifera), and Green
Ash (Fraxinus pennsylvanica)
It is apparent that the reference site has been, and will continue to be, wetter than the
conditions at the restoration site. Level, arable land is a minor portion of the landscape in
the foothill regions and is therefore in high demand as agricultural land. Nearly all of that
type of land in the area has been drained and farmed in the past. Only those areas which
are difficult to drain and farm were left out of production, such as these lower
(approximately 1.0 foot lower than adjacent proposed site) and slightly concave areas
which are saturated for a greater portion of the year. This presents a problem in finding a
representative reference site and correlating reference site hydrology with a restoration site.
This is true of the proposed restoration site. It is likely that the original hydrology at the
restoration site was not as wet as the reference site.

4
Wetland hydrology in the reference areas will be monitored with three groundwater
monitoring devices (one in each area) identical to those used within the mitigation area (see
device specifications included), which will continually record (at least daily) and store data
on water levels. Data from the groundwater wells will be downloaded periodically and
depths of saturation will be recorded during each quarterly visit. Well data will be verified
by observation of water levels in hand dug auger holes at the time of data collection. This
data will be presented, along with that from the mitigation site, to the MBRT in the annual
report.
Implementation Methods
Hydrology - Grading and Structural
Restoration of wetland hydrology to the hydric soil area of the site will be accomplished by
reversing the effect of the existing drainage system and restoring the stream channels
through the site, thereby returning wetland hydrology to the majority of the site. Existing
ditches will be filled to grade and the dimension, pattern, and profile of the channelized
streams will altered to restore natural stream morphology to the channels. Refer to the
Stream Restoration section below for additional information. Additionally, a subsurface,
low-permeability trench will be constructed at the outlet end of the mitigation area (see
Site Plan). This will retard horizontal movement of groundwater toward Deep Creek. The
combination of; filling the ditches, raising the invert of the stream in its lower reaches,
creating greater channel sinuosity, and detaining groundwater outflow will return wetland
hydrology to the site.
It is often useful to develop and analyze information relative to the dynamics of water in
the natural system that is being altered. Ideally, that analysis would yield a conclusion that
would indicate the desired hydrologic situation. In this case, the desired hydrologic
conditions would support the target community of a Palustrine Forested Wetland and
comprise at least jurisdictional hydrologic criteria. Unfortunately, a satisfactory model
does not presently exist which absolutely predicts, in a natural system, the presence of
saturated (within 12" of the land surface) or inundated conditions for the required
consecutive number of days to create the desired wetland conditions. Controlled systems
(structural inlet and outlet controls) are easier to model and predict than more natural
systems. The plan for the Deep Creek site does not rely on structural outlet controls.
Typically, a review of known input and output parameters is presented to indicate that a
surplus of water could be available in the system during the growing season and therefore,
saturated conditions would be possible. At this site, hydric soils are present within the
alluvial deposits adjacent to Deep Creek, indicating that reducing (hydric) conditions have
been present in the past. The ditching of the site and testimony of local observers indicate
that the wet conditions are contemporary and that, were it not for the present drainage
system, seasonal saturated conditions would return. The hydric soils area is subject to
occasional over-bank flooding from the channels within the site as well as from Deep
Creek (which is often associated with flooding in the adjacent Yadkin river flood plain.
5
The hydric soil area on site is influenced by both surface and groundwater systems and can
be considered a combination of Surface Water and Groundwater Wetlands (Novitzki 1979,
1989) which is amenable to wetland restoration. Carter (1986) discusses wetland water
budgets in an often accepted formula:
P+SWI+GWI = ET+SWO+GWO+S
Where
P = Precipitation
SWI = Surface Water Inflow
GWI = Ground Water Inflow
ET = Evapotranspiration
SWO = Surface Water Outflow
GWO = Groundwater Outflow
S = Change in storage
Based on this formula, a spreadsheet has been developed for monthly variations in the
various system inputs and outputs and is included for reference. The following is a
summary of data and assumptions relative to the variables in the formula above:
Precipitation (P)
Data for precipitation were taken from the Soil Survey for Forsyth County, NC and are
presented as average monthly figures.
Surface Water Inflow (SWI)
Surface Water Inflow is estimated to be that portion which runs off from the adjacent
1500-acre watershed. A conservative runoff coefficient ("c" factor) of 0.10 (10% of
precipitation) is used. This is typical of forested conditions where little runoff is
anticipated. Conservative figures are being used for inputs to the system where actual data
(e.g. precipitation) is not available. The data assumes 10% of the monthly rainfall on the
1500-acre watershed runs off and is therefore available in the contiguous 42.5-acre
restoration/creation portion of the site. Obviously, a significant portion of the runoff
travels through the proposed site as channel flow. Therefore, a smaller portion of the total
runoff is assumed to be available as input to the site hydrology. Ten percent (10%) of the
SWI is assumed to contribute to site hydrology (1.3 inches per month).
Ground Water Inflow (GWI)
Since there is no data relative to ground water inflow to the restoration site from the
adjacent area, a conservative estimate is used here as well. It is reasonable to assume that a
portion of the precipitation which infiltrates to ground water in the contributing watershed
ultimately travels to the restoration site. Travel time and volume are not known, therefore
a uniform rate of flow throughout the year is being used, based on 5% of annual
precipitation in the watershed making it to the restoration area site via ground water. The
contributing watershed is 1500 acres. Total annual precipitation is 44.2 inches (2.21
6
inches represents 5% of the total). That total amount of input equates to 78.0 inches in
the contiguous 42.5-acre restoration/creation portion, or 6.5 inches per month.
Evapotranspiration (ET)
PET data from NCSU Experiment Station Bulletin 396, "Weather and Climate in North
Carolina" were used.
Surface Water Outflow (SWO)
Surface Water Outflow is estimated to be 10% of the monthly precipitation on site, based
on a "c" factor of 0.10 for forested (target community) conditions. The remainder of the
site precipitation can be expected as input (above). A majority of the runoff (90%
estimated) from the contributing watershed can be expected to travel through the site and
leave as SWO.
Ground Water Outflow (GWO)
Loss of water in the form of ground water outflow is estimated from soil drainage rates.
This rate is approximately the saturated hydraulic conductivity of the least permeable layer
within the rooting zone, or soil solum (approximately the upper four feet). This can
estimated by using 5% of the permeability of the least permeable layer within these upper
horizons. The permeability of the least permeable horizon in this profile is estimated at
0.06 in/hr. Thus 5% of that figure adjusted for 28, 30, and 31-day months gives the
drainage figure used as GWO.
Change in Storage (S)
This figure indicates excess or deficiency in the water regime on a monthly basis (does not
account for cumulative effects of surplus water from prior months). Excess water during
the growing season, particularly in areas of hydric soils, implies that wetland hydrology is
possible during that time.
Based on the data and the analysis as represented in the accompanying water balance
spreadsheet, there is excess water in the system predicted in all months of the year. These
figures show actual excess on a monthly basis and do not account for cumulative effects of
excess water from the earlier months. It appears reasonable to assume that wetland
(hydric, reducing) conditions can exist at any time of the year, depending groundwater
elevations. Groundwater elevations and surface water elevations will be raised throughout
the site by reducing the outflow (blocking ditches), the stream restoration (raising stream
channel invert) and subsurface detention of groundwater outflow. It is reasonable to
assume that saturated conditions are possible several weeks in the growing season.
Stream Restoration
The objectives of the stream mitigation project include: 1) the restoration of a meandering,
self-maintaining stream channel that will not aggrade nor degrade over time utilizing
natural channel design techniques. 2) Insure channel and stream bank stabilization by
7
utilizing grade control structures, root wads, and native vegetation (on-site transplants, live
stakes, and bare roots), in conjunction with the eradication of the current agricultural
maintenance practices. 3) Improve and create bed form diversity (riffles, runs, pools, and
glides) 4) Re-establish the historic active flood plain function and hydrology by matching
the bankfull channel with the current flood plain elevation. 5) Re-establish the historic
groundwater table elevation by raising the channel invert. 6) Re-establish a native forested
riparian plant community and remove the existing invasive exotic species located on the
site. 7) Create a diverse terrestrial and aquatic wildlife habitat area.
Based on the observed site conditions and gathered existing stream data, the channels
located on site were physically altered and obliterated for the purpose of modifying the
historic surface and groundwater hydrology. The site hydrology was modified to maximize
productive cropland acreage and improve accessibility within the fertile alluvial flood plain.
Relic channel sections observed south of the southern property line and outside of the
active agricultural fields provided evidence that the site alteration has drastically affected
site hydrology. These relic channel sections are no longer hydrologically connected to the
existing channel network and are approximately 2 to 3 feet above the existing channel
invert elevation.
The existing stream features, which transect the wetland mitigation site consist of
historically channelized and dredged stream systems that have been functionally and
characteristically reduced to linear drainage ditches. Dredging activities have lowered the
historic channel invert (bottom of the channel) elevation, subsequently lowering the
groundwater table and inducing channel degradation (head-cutting) on-site and throughout
the upstream tributaries. The channels are also in an "incised" condition were flooding
rarely or never engages the historic flood plain but are instead confined to the channel.
The physical confinement of the stormwater flows within the straightened and incised
stream channel perpetuates head-cutting and lateral channel extension due to the increased
boundary shear stress and channel slope. Increase boundary shear stress beyond the
channels' carrying capacity results in bank erosion, mass wasting, bed instability, and
increased turbidity.
Because agricultural production was the primary objective on-site, the riparian areas are
minimal and are not contiguous. The current riparian corridor rarely exceeds 25 feet in
width from the edge of the existing stream channels. Channel sections throughout the site
were periodically maintained based on field observations and interpretation of the available
site aerial photographs. The riparian zones are in specific areas cleared of all riparian
vegetation and are periodically maintained probably for the purpose of clearing debris jams
and dredging the channel bottom. Dominate tree species that were observed within the
channel and riparian areas consisted primarily of box elder (Acer negundo), red maple
(Acer rubrum), sycamore (Platanus occidentalis), green ash (Fraxinus pennsylvanica), black
willow (Salix nigra), and flowering dogwood (Cornus florida).
For the purpose of the restoration design, the existing stream channels have been divided
into three separate reaches based on the calculated drainage area. The channel originating
at the southern most tip of the property will be identified as I.,S??and will from this
point forward be referred to as the South Fork. The channel originating at the
southwestern property line will be identified as Reach 2 and 3 and will be referred to as the
West Fork. Reach 3 originates at the confluence between the West and South Forks.
Current channel lengths are 3,230 and 1,296 linear feet, respectively for a total length of
4,526 linear feet and the sinuosity is 1.06.
The restoration design for the Deep Creek Mitigation Site is based on natural channel
design principals and techniques utilizing local reference reach data and existing channel j
conditions data. Reference data utilized to develop the restorat' th
North Carolina Rural Piedmont Regional Curve (SRI 2000) ill Creek reference reach
survey data (Jelenevsky et. al.), and existing site constraints. pica pro pose ankfull
cross-sections for each channel reach are depicted in the Typical Cross-Section graphic.
The cross-sections were design based on the aforementioned references and the drainage
area.
The proposed stream design will restore a naturally meandering E/C type stream channel to
a more appropriate location-centrally within the existing flood plain as depicted in the
Stream Restoration Plan graphic. The implementation of the restoration design will result
in a riffle-pool profile that will be reinforced utilizing in-stream grade control structures
such as rock cross-vanes, J-hook vanes and root wads as depicted in Stream Restoration
Structures graphic (Rosgen 2001). These structures will be subsequently vegetated with
transplants and live stakes. Rock vanes will be installed at the head of every glide/riffle
interface and root wads will be installed at every outside meander bend as determined by
the designer during the construction phase to ensure stabilization of the stream channel
grade and banks. Erosion control matting, temporary seeding, and live stakes will be
utilized to reduce bank erosion immediately following completion of each section of
channel and provide bank stabilization.
Following the completion of the pebble counts, bar sample and entrainment calculation, it
was determined that the channel bed is actively degrading due to an increased discharge
rate within an incised, partially denuded stream channel. The increased discharge rate
results in a higher boundary shear stress which perpetuates channel degradation (head-
cutting), and widening (lateral expansion).
To prevent the current channel degradation from occurring, the grade of the designed
stream channels has been elevated so that the top of the restored channel banks will match
the adjacent flood plain elevation. This should result in a flood return interval of
approximately every 1.5 to 2 year, thereby, restoring the historically modified flood plain
functions, which include flood attenuation, storage and biological treatment. This will also
prevent the current bank erosion from perpetuating by allowing the erosive stormwater
flows that are greater than the carrying capacity of the channel to escape onto the flood
plain. Typically straightening and incised stream channel experience higher boundary
shear stresses resulting in unstable bed and banks. The channel adjustments, due to these
conditions and increased slope related to the straightening of the channel include lateral
channel extension, slumping, bank erosion, and bed instability. This design modification
should avert and minimize the current problematic erosive forces observed within the
existing incised channels.
The resulting restored stream channel will be approximately 5,540 linear feet, increasing
the overall channel length by approximately 1,000 linear feet subsequently increasing the
sinuosity to 1.5. This design is distinguished as a Priority I restoration.
9
Vegetation
The majority of the area of hydric soil will be planted with seedlings of bottomland
hardwood species. Areas where shallow inundation will occur will be planted with shrub
species and herbaceous material. The species list below describes proposed typical species.
Once structural development and grading are complete, planting will begin during the next
appropriate planting season for each type of vegetation (two-phased approach). Spring is
preferred for the herbaceous material, with fall as a second preference. For the shrub and
tree species, fall is preferred, with spring as an alternate.
Woody tree species will be planted on an 8 x 8-foot spacing. Woody shrub species will be
planted on a 6 x 6-foot spacing. Herbaceous species will be planted on a 3 x 3-foot
spacing or that area will be seeded with a wetland seed mix at 4 pounds per acre.
The following is a table of proposed species from which plant material will be selected:
Tree Species
Liriodendron tali ifera Yellow-Poplar
Ulmus americana American Elm
Celtis laevi ata Sugar-Berry
Fraxinus enns lvanica Green Ash
Quercus hellos Willow Oak
Quercus ni a Water Oak
Betula ni ra River Birch
Platanus occidentalis Sycamore
Acer ne ndo Box-elder
Populus heterophyla Swamp Cottonwood
Shrub Species
Rhododendren maximum Rhododendron
Ce halanthus occidentalis Buttonbush
Alnus serrulata Smooth Alder
Salix discolor Puss Willow
Cornus amomum Silky Dogwood
Asimina triloba PawPaw
Salix sericea Silky Willow
Herbaceous Species
Carex s Sedges
Juncus s . Rushes
Osmunda cinnamomea Cinnamon Fern
Osmunda re alis Royal Fern
Other herbaceous species as available.
10
Success Criteria
Vegetation
The success of the vegetative component will be based on the survival of canopy tree
species for a five-year monitoring period. Monitoring will occur for five years or until
success criteria is met, whichever is longer. Transect lines, with permanent markers will be
established in the field for vegetative monitoring (representative of community types). All
monitoring will occur along these observation lines throughout the monitoring period as
long as they continue to be representative of the community. Any changes to the
observation points will require the approval of the BRT. Vegetative success will be
predicated on a minimum mean density of 260, fi e-year old stems per acre surviving after
five years, all of which will be from the tang ecies list (planted or native) or as that
additionally approved by the MBRT. No single species shall comprise more than 20 % of
the surviving stems. By the end of the five-year monitoring period, vegetation in the
proposed wetland areas must meet the criteria for hydrophytic vegetation as described in
the 1987 Corps of Engineers Wetland Delineation Manual, specifically, more than 50% of
the dominant species in all strata are OBI, FACW, or FAC as listed in "National List of
Plant Species that Occur in Wetlands" - 1988 USF&W. The status of site vegetation,
relative to this criteria, will be included in annual monitoring reports.
Hydrology
Hydrologic success criteria is somewhat problematic for two reasons; 1) there is little if any
data (based on an extensive search of on-line sources, NC State University staff, other
consultants, resources agencies) to establish hydroperiod specific to bottomland wetlands in
the western Piedmont of North Carolina, and 2) the only available reference sites are
typically wetter than the target wetlands since those areas were more difficult to bring into,
and keep in, cultivation than those which were successfully drained for agricultural use.
Typically, the references are those areas which were cleared at one time and were
ultimately abandoned due to wetness problems.
Although the consultants would like to base hydrologic success criteria on some known
data from the target community, there appears to be inadequate data on which to base the
criteria. Given this situation, and the fact that the impacts for which this mitigation is
proposed are based on hydrologic criteria as described in the "Corps of Engineers
Wetlands Manual", January, 1987 (Manual), the proposed criteria for hydrologic success is
that described in the 1987 manual. The Manual states that "duration of inundation and/or
soil saturation during the growing season is more influential on the plant community than
frequency of inundation/saturation during the growing season.". Table 5 in the Manual
outlines Hydrologic Zones in Nontidal Areas. The bottom limit for duration of
saturation/inundation in wetlands in that table is 5% of the growing season. Generally, any
duration of saturation/inundation above 12.5% of the growing season is considered to have
wetland hydrology.
Since data are not available for the target community, the mid-point in the 5% - 12.5%
range, or 8.75% of the growing season, is proposed as criteria for hydrologic success at this
site. Growing season may be estimated as the average number of frost-free days. Data for
l
11
Yadkin County is based on the climatic data presented in the Yadkin County Soil Survey.
The average number of frost-free days in Yadkin County is 202. Given that, 8.75% of the
growing season is 17.675 or 18 days. Saturation to within 12 inches of the surface for 18
or more contiguous days during the growing season will be considered successful
hydrology for that year.
Long-term hydrologic success will be met when individual growing season success criteria
(as described above) is achieved for all growing seasons (during the minimum five-year
monitoring period) which are proceeded by twelve-month periods of average (44.44
inches) or greater rainfall. In years of less than average rainfall, site hydrology data will be
considered, case-by-case, relative to rainfall data and reference site hydrology data.
Stream Channel
Success criteria for stream stability will be met if, for the period of five years in conjunction
with vegetation and wetland hydrology monitoring, the stream bedform features and cross-
sections remain stable (i.e. the stream retains its enhanced Rosgen stream-type
classification).
Phasing
It is most efficient to do all construction (structural and grading) in a single phase since all
outlets and ditches need to be blocked to effectively restore the entire area. Also, the
material needed for the filling of ditches and dam construction will be obtained from the
graded areas in the creation portion.
Each area of the site with common plant types should be planted in one operation so that
desired habitat type may be encouraged and invasive species are minimized. The planting
may be done in phases by plant types (e.g. Phase I -all woody material planted in late Fall
or Winter; Phase II - all herbaceous material planted in Spring).
Potential Scheduling (example)
Project Begins Februa , 2001
Detailed Site Survey (topography) Aril, 2001
Concept Plan and Prospectus June, 2001
Development of MBRT (preliminary) August, 2001
Site Meeting with Agencies August/Sept., 2001
Detailed Mitigation Plan June, 2002
Develop MBI June, 2002
Plan Approval b USCOE/NCDWQ August , 2002
Contractor Selection September, 2002
Construction Begins* October, 2002
Grading and Structural Complete December, 2002
Install Monitoring Devices/Monitoring Begins December, 2002
12
Planting Begins (Phase I) December, 2002
Planting Complete (Phase II) May, 2003
Monitoring Phase 6/03 throu gh 12/07
Construction Supervision will include:
1) Pre-construction/planting meeting with contractor.
2) Site supervision during installation.
3) Final inspection after all site work is complete, preparation of appropriate
completion of work statement, preparation of as-built report and plan, and
documentary photos and submission of that report to the MBRT for review
within 30 days of completion.
4) Flagging of the mitigation site limits in the field, delineating between different
treatment areas.
C. Operations Provisions
Service Area
The primary service area is the upper Yadkin River area (cataloging unit #03040101) with
the possibility of negotiating the mitigation of impacts in adjoining cataloging units. The
primary service area is in the northwestern Piedmont and foothills of North Carolina and
includes portions of municipalities such as Winston-Salem, Yadkinville, Mount Airy, and
North Wilkesboro, NC. Use of the bank for projects outside the primary service area may
be proposed and considered on a case-by-case basis.
Wetland and Stream Types (debit)
The bank will supply credits for impacts to Bottomland Hardwood Forest wetland types
and stream channels. Wetland and stream impacts are common in this service area relative
to road building, large retail and industrial site development, and watershed/water supply
development.
Credit Release
Fifteen percent (15%) of the Bank's total credits shall be available for sale immediately
upon completion of all of the following:
13
a. Execution of this MBI by the Sponsor, the Corps, and other agencies eligible for
membership in the MBRT who choose to execute this agreement;
b. Approval of the final Mitigation Plan;
c. Delivery of the financial assurance described in paragraph 25 of this MBI;
d. Recordation of the preservation mechanism described in paragraph 24 of this MBI,
as well as a title opinion covering the property acceptable to the Corps;
Additionally, the Sponsor must complete the initial physical and biological improvements
to the bank site pursuant to the Mitigation Plan no later than the first full growing season
following initial debiting of the Bank.
Subject to the Sponsor's continued satisfactory completion of all required success criteria
and monitoring, additional mitigation credits will be available for sale by the Sponsor on
the following schedule:
10% after first year, if interim success measures are met (25% of total)
10% after second year, if interim success measures are met (35% of total)
10% after third year, if interim success measures are met (45% of total)
15% after fourth year, if interim success measures are met (60% of total)
15% after fifth year, if interim success measures are met (75% of total)
or
25% after fifth year once overall success criteria has been met (100% of total)
The above schedule applies only to the extent the Sponsor documents acceptable survival
and growth of planted vegetation, attainment of acceptable wetland hydrology as described
under the success criteria in the monitoring section of the mitigation plan. The final 25%
of credits will be available for sale only upon a determination by the MBRT of functional
success as defined in the mitigation plan.
Following the five-year monitoring period, the MBRT will meet to discuss final approval of
the bank. The portion of the credit release schedule which is based on the end of the first,
second, etc. successful year begins after all initial construction/restoration activities are
complete. Some construction activities, relative to site repair, may follow during the five-
year monitoring period.
Monitoring
The project site and reference sites will be monitored for a period of at least five years (or
until all success criteria are met) following initial construction of the project. This will
involve observation of three basic parameters; 1) vegetation and 2) hydrology within the
mitigation area and 3) stream channel stability within the restored reach.
14
Vegetative conditions will be evaluated relative to the number and type of living stems of
canopy tree species and the wetland occurrence status of all plant community strata at
standard sampling points within each restoration or creation unit.
Site hydrology will be evaluated during site visits as well. Groundwater monitoring devices
have been installed throughout the restoration and proposed creation areas, as approved by
the USACOE (see accompanying map), which will continually record (at least daily) and
store data on water levels. These will be capacitance-type instruments, the data from
which can be downloaded in the field (see example specifications sheet from Remote Data
Systems, Inc. included). Daily water level data can be determined and presented for
review. Any areas to be inundated, will be monitored with water depth indicators
(graduated poles). Data from the groundwater wells will be downloaded periodically and
depths of saturation and inundation will be recorded during each quarterly visit. Well data
will be verified by observation of water levels in hand dug auger holes at the time of data
collection. This data will be presented to the MBRT in the annual report.
Stream channel stability on the restored reach will be monitored on three years of a five-
year post-construction monitoring period (i.e. 1', 3rd, and 5`h years) or until success criteria
is met, whichever is the longer period of time. Channel stability will be monitored through
the use of photo reference sites (longitudinal and lateral reference photos) and a reference
reach monitoring the reach's cross-section and longitudinal profiles. If within any
monitoring year, bank stabilization is not acceptable as determined by the Corps of
Engineers, and remedial action as required by the Corps of Engineers is performed, the
five-year monitoring of the affected portion of the stream will begin again. The bank
sponsor will coordinate any remediation activities with the Corps of Engineers, Raleigh
Regulatory Branch Field Office Project Manager. A written summary report with
monitoring data and representative photographs will be submitted to the Corps of
Engineers within 60 days of completion of each monitoring event.
Site visits will be conducted quarterly by a Professional Soil Scientist or Biologist. These
visits will be made at the end of each season (around March 1, June 1, September 1, and
December 1). An annual report of conditions will be made to the MBRT at the end of
each calendar year. This report will summarize observations from the quarterly visits.
Visits may occur more often as needed (e.g. following severe weather conditions, etc.).
Any damage or other site conditions which may jeopardize the long-term success of the
project will be addressed as observed during the monitoring period. The conditions will be
described, along with proposed solution, in a report to the MBRT as soon as possible.
The monitoring phase will begin at the start of site preparation, be carried out by the
contractor, continue for a minimum of five (5) years or until success criteria are met and
will include:
1) Preparation of as-built plans and report describing completed conditions and
any modifications or variances from the original mitigation plan. This
information will be prepared and submitted within 60 days of completion of
site construction/planting and will include a detailed topographic survey by a
Registered Land Surveyor, particularly in areas where grading or other
modification to the land surface has occurred.
v?M°?ch?z
yc? ?
15
2) Quarterly inspections of vegetation from standard observation points
including, early, mid, and late growing seasons. Site vegetation conditions
along with documentary photos, will be summarized in the formal report for
that calendar year (to be submitted within 60 days of the end of the year).
Should the mid growing season site inspection indicate conditions which need
to be corrected, this will be reported in a brief letter to the MBRT, along with
the suggested remediation. This will allow time to obtain plant material and
repair and re-plant the failed areas during that following winter or spring.
3) Quarterly inspections of the site to record elevation of inundation and
saturation. Each site visit will document hydrologic conditions, including
documentary photos. Data for each year will be submitted to the MBRT in
the annual formal report, within 60 days following each calendar year.
Should any significant change or damage occur on the site (e.g. as a result of
severe weather) during the year, this will be reported as soon as possible, in
order to develop a repair and restoration plan.
4) Monitoring present and future threats to the success of the plan, including any
degrading factors such as depredation, trespassing, vandalism, or plant removal
from destructive wildlife, domestic animals, and humans. If a potentially
project threatening problem is observed, a contingency plan to rectify the
problem will be submitted to the MBRT.
Contingency Planning
A contingency plan will be developed as part of the preparation of the Mitigation Banking
Instrument. Prior to release of credits, American Wetlands shall provide evidence of
financial assurances for completion of construction, monitoring, and reporting to the
USACOE. The financial assurance will be based on the cost of doing the mitigation work.
Such work includes, but is not limited to; maintenance of hydrology monitoring devices,
sediment and erosion control, grading, planting, undesirable species control, depredation
control, human impact control, as-built surveys, and five-year monitoring. Grading
estimates include a 20% re-grading contingency and the planting plan prescribes twice the
required density of species required to meet the performance standard for survival of
desired species. Should there be any additional needs for grading or planting, such needs
will provided for from the maintenance and monitoring funds being held by NCDOT.
Work already complete includes; purchase of easement, boundary survey, topographic
survey, purchase of monitoring devices, Phase I Environmental Site Analysis,
Archaeological and Architectural review, Threatened and Endangered Species field surveys
and file research, and preliminary grading and planting plans.
16
Financial Guarantees
1. American Wetlands has provided NCDOT, and executed, a Promissory Note and
an executed and recorded first lien Deed of Trust on the property in the amount of
Five Hundred and Nineteen Thousand and Three Hundred and no/100 Dollars
($519,300.00). The Deed of Trust was recorded upon the closing of the purchase
of the easement on June 1, 2001.
2. Construction and Payment Bonds in the amount of Two Hundred and Seventy
Eight Thousand Eight Hundred and no/100 Dollars ($278,800.00) have been
secured to cover the grading and planting costs of the wetlands portion of the
project, which have been estimated to be significantly less than this amount.
3. A Performance Bond in the amount of One Million One Hundred and Forty Four
Thousand and No/100 Dollars ($1,144,000) and a Payment Bond in the amount of
Three Hundred and Ninety Thousand and No/100 Dollars ($390,000) have been
secured to cover costs of performance and payment in the delivery of 5,540 linear
feet of stream and riparian restoration
4. American Wetlands will require grading and planting contractors to provide
additional performance and payment bonds in the amount of the actual costs of
performing such work. This requirement of sub-contractors is required by
American Wetlands' bonding company.
5. Monitoring, reporting, and any necessary maintenance will be paid from funds held
by NCDOT for such purposes. These funds will be paid to American Wetlands
after notification to NCDOT and the USACOE that all monitoring and
maintenance work for the year has been accomplished, and NCDOT's approval of
such monitoring and maintenance activities. This is a contractual requirement
between American Wetlands and NCDOT.
6. American Wetlands has general liability insurance in the amount of $1,000,000 for
each occurrence, $2,000,000 for the second occurrence, and $1,000,000
environmental coverage. In addition, American Wetlands carries $1,000,000
Directors/Officers insurance.
7. Also see Appendix F. of MBI.
17
?17111
..?-;? '-
?t-< ? __ ``
1 ?? ? ? ?
mot
!'1 _ -; ? ? i a u-
•,
9
„
}
•,
--?\ 1768`\..?- f' _ !J /"` / _ \ r '? \ 1? `?, q ?!f l ?/
A'\ 0, ( -? ?; •i?
Nil

'
59
5yj

\\ Z

4421
.1
' efts
1 \ _3
'A? `\„? v }? r?^"'•'`.?'_-`.R-a y ( ! // s, 74lii'V
jr'' ??. `, I :fir .? 1 `, ,?\ r /.•?\ T +-F, ??_??°- ,? j
21,
00
\?^? ? ? 'j ??` ?? ?? ?\ t ? ?? II (? \1 `??\? (? J1 - ?'?^'`??il J ??• ti, (?? • d 4 f?-f,?\:. `?? _?,,J / ?'rl '?? `\1
LJ

'
'?? '?? ?`'? __''?'i • ?{ L-- o 'L3k+V em
4
r?\

) Yrs. 1
17
.

1-7 t
C
.?.??'?v????•?I ??Rzl?_---••7??.?'w ?% 1 ?• f? ,r~\? ?? ?\?,?? ?'?a ?7? ? ?? ? ?.I'??-: r?te.ll9'? ••t!?

7* W

Name: FARMINGTON Location: 036° 05'19.7" N 080° 31'18.7" W
Mate: 6/20/2002 Caption: DEEP CREEK WETLAND MITIGATION PLAN
kale: 1 inch equals 2000 feet YADKIN COUNTY
copyngnt (c) 1997, Maptecn, inc.
• • ?
421
s -
SR 1570
4 p
a SITE ' z
II ?
I ? o
, SR 1001
_
VICINITY MAP NOT TO SCALE
O o ?.
L?
r? -
?.\ B,Idge
t 8
--? ''----_ III
II (I(
r ' ICI
1 v
\ ? Il'
' I III
I
I I
I
I ?
\ ?I I
I
1 l 1
i
I
I
RESTORATION
DESIGN BY:
Soil & Environmental Consultants, PA
11010 x- Roo Raw • PAwo, m& Cw%. 27614 . Phooc (919)94&M • Fa (919)8469167
6',7a2 AMERICAN WETLANDS DEEP CREEK WETLAND MITIGATION PLAN TOPOGRAPHY
YADKIN COUNTY, NC
PF BON PIPE FO -? _ 7u
Ps WON PIPE SET \ N
BF IRON ROD FOM \ I
WS WON ROD SET - -
\ 0 Lt. S.
42;
RAS RAYROAO SPBE S _
P-N YASONR'/ NAIL O
W umltt Pale
R TM%I OF WAY \
A ARC 1eN0111
__ i ssa ?c SR 1570
SITE a
N 02.29.26-W 1 `
o
63.84'\\ t
/2 \ A
L
/ / / ? 8 .s my 8 ? ... \\\ 1 // SR 1001 ? ?
VICINITY MAP NOT TO SCALE
l2 L= ?? /
Pro Dosed 2 t. /? '9116 7/2 /RS
R /W Easemeh
/
__ 11 I' Sa IRON FOUND
` ? % z ses -----
rm /
' Aaa \
?' :°T 6 8 112" IRS /
1/ lR /2' IRS x4a 0 A
42
Q w 112'IRS0 Sou t h
- GRAPHIC SCALE
/R L41 112' IRS p
Deep =
1 " 300'
,-?I/ Creek
N 300 0 300 600
William R. Hording, Jr.\ \ ^ - =M
db 79, pg. 212 v ) n.,osad, z
8

i l 1%?' /RS

t A 1 1' ET
Al A COR fR IE m'
:

/??
. R/W UN C ROUG//
7 EA M NT.
?
? _

6sf TN D
UND IES F IN
'
20-
OF-W Y CO TIN .9 AC.t,

it

\ 11
? 1` o'

70. 5 A I I
\
?
u
II
? ,? i
I I
I W. M. Harding
Revocable Trust
db 92, pg. 608

314- IRS AT BA Q?? I \
LEANING 1-7/4' \
4- /RS
_ N 08'01'31"
132.9
3/4' IRS

N 10 8'44"E
3/?" 128 f
10
/ 3/4' /RS \ 8
J) 3
M
II3a
M x? a N /
//2" /RS
_ 13'23'22"W 59.80'
110 W /RS
S 38'19'49"W 78.71'
112-IRS
(1 S 58'45'33"W 111.84'
11 I /? 518" /RS
Course Bearing Olstanoe
L7 N 79'1 05 W 141.64
L2 N 820340 W 182.68
L3 N 793859 W 197.
L4 N 807325 W 250.12
L5 N 84'4805 W 173.39
L6 N 79-02'02- W 115.78
L7 N 70804 W 91.02
L8 N B01726' W 24.12
L9 N 24'15'46' W 117.91
L10 N W38`45* E 41.3
L11 S 24'1546 E 143.48
L12 S 80'17'2C E 13.73
L13 S 7848'47 E 91.24
L14 S 79'02'02' E 114.73
L15 S 84'48 05 E 173.18
L16 S 80'1325 E 251.02
717 S 7W38'59' E 197.45
L18 S 82ro3 40 182. 4
L19 5 791 OS E 137.70
L20 S 01'4429 E 20.48
CALLS L-1 THROUGH L20 ARE FOR THE LINES AROUND
THE PROPOSED 20-FT. RIGHT-OF-WAY.
\ THE BOUNDARIES OF THE 20-FT. RIGHT-OF-WAY CONTAIN 0.597 AC.t /
BMge South
IRS
` Deep
\ Proposed 20-ft. R/W\\
Creek
Proposed 10-ft. Temporary
L73 L74 Construction Easement 1
7 us _
L6 `' 1116
8 ma 1 LS j/ L4 ? III
/R[ 1/2' /RF I LIB I I I
r. /RF 112' /RF L3 Lis
1/2"/RF Ir
112-111
S 6017'26'E 57.22' /RF U Io
I 1/2'/RF IiI
I
157'
Ar T 77.57
/ III
1'314' /RS ! III,
„ ? ,..nom
'' 6'44'28"W ? I i I?
U7 57.28' II Id
C = ti SR 1570 IiI
O Dinkins
Bottom
,:P 5O1- III
Road III
?• i i+ L,/ff<'F3•
1 1/2' W
r ?'? 'ate
n 1 ' ??, 1 1
I ? 1 z
I;. ?4.
I ? aza
1 +
I 8 MI. E-SE'ly OF THk/Q6;WTER OF THE TOWN OF YADKINVILLE
® HYDRIC SOILS 30.4 AC. BASE MAP PROVIDED BY:
I PROMDEO BY, SOIL @ ENVIRONMENTAL CONSULTANTS. PA
VERTICAL DATUM:
G4AN/IE ASSUMED
MONUMENT
FOUND
Hollor & Associates, PA
SURVEYORS
104 NORTH JACKSON STREET PO BOX 656YAOKINVILLE, NC 27055
336-679-8033 (FAX) 336-679-6604
nEU) PERWNNEL
TRB,MAN.TRS,MKH
7R
PROJECT: 3258.1-01C
DRANK BY
Lu>1 e"r ate, s."
DRAWING NO.: 3258P2.DWG
P"G6 Toooo+n" SHEET NO. 1 of 1
C
GO- Bearing Distance
L21 N 85'40 03 E 220.19
L22 5 7453 21 E 177.92
L23 5 672332 E 166.92
L24 S 64543 E 206.48
L25 S 76'3004 E 195.10
L26 S 55'440 E 86.83
L27 S 257742 E 209.87
L28 S 172334 W 189.89
629 S 1009 SO E 96.02
Coupe Bearing Distonae
L31 N 241546 W 219.55
L32 N 10456 E 102.82
L33 N 0246 4 W 209.39
L34 N 03106'40" W 204.33
135 N 03-21'30" W 103.75
L36 N 13'48 02 W 103.41
L37 N /3 54 W 119.22
L38 N 230 00 W 244.31
L39 N 415559 W 91.04
L40 S 86-0526 W 402.69
L41 S 66'05'26" W 178.47
L42 N 86'05'26" E 177.97
L43 N 860526 E 412.44
L44 S 4155 59 E 104.1
L45 S 2307 00 E 249.3p -
L46' S 13.3054 E 12163
L47 S 13'48 02 E 105.18
L48 S 0321 30 E 105.62
L49 S 03'06'40" E 204.43
L50 S 02'46'47" E 210.12
L51 S 010456 W 98.99
L52 S 241546 E 178084

LOW-PERMEABILITY
SUBSURFACE DAM
(SEE SECTION)
WETLAND CREATION AREA
11.1 ACRES
J/4" /RS AT
LEAN/NC 1-1,
J ?
/4' IRS
N 10 8'44"E
J " /RS

ZI. r
:9/4" IRS
N 08.01'31"
` 132.9
?.G J/4" IRS
-Al
J/.4p0/RS
j 314" /RS \N YS
1
N
rn
1/2
z"/Rs
13.23'22"W 59.80'
I " IRS
S 38.19'49"W 78.71'
1/2" IRS
S 5845'33"W 111.84'
5/9" IRS
By
_ YY_ 8-17-02
0- AMERICAN WETLANDS
=rry ` /i?
THE BOUNDARIES OF THE 20-FT. RIGHT-OF-WAY CONTAIN 0,597 AC.t
Bridge //

/RS South
` Deep
\
\ Proposed 20-ft. R/W \\\ Creek
'\ Proposed 10-ft. Temporary
Construction Easement
13
4,14
- ?? L75
7 L6 - ?L16
1.5 - L17 I11
1/2" /RF
"
112" lRF LJ 09
1
/RF
1/2" /RF
112" /RF T/ I
S 8017'26"E 57.22' 112" IRF f L/ to
I
/
I
112-
W II
III
/
1/1-/RF I'I
4 EXISTING DITCHES AND Ar 17.57' III
j J14 IRS
CHANNELIZED STREAMS TO BE IIf>
-
'
" FILLED TO ADJACENT GRADE I
I
h
cn 6
44
28
W
57.28' C
I lv
I
0 o ti SR 1570 I
i
I
N
Dinkins
03
Bottom III
Road Ill
? 1 rma - - -_ I, I
I III
112' /,?F'
II
1'I \? WETLA I D RESTORATION ARE,.?i....."...I...4%%,
N ' 30.4 CRES
?.?• ,K?•W I.J V Vile' ??o
0813
I a.Lh.L....L.. B e a
RESTORATION
DESIGN BY:
' Soil & Environmental Consultants, PA
IIOIO R-Ri4v Rod • RWd8k j4.* C-U- 21614. phm¢ BI9) 8"4900 . I- (919)9169167
rwx cn.lcr..."
DEEP CREEK WETLAND MITIGATION PLAN
YADKIN COUNTY, NC PLAN VIEW
U)
K
0
o?
Za
rnD
-rn
0-i
7u rn
-0Q
rn0
rn c
W a]
rn
(0.
U) D
i?E
O?
WATER FLOW
V
O
n
D
Z
rn
f j .............. ... "o
<?z
z f77
14" It
C) r
-A 0i
o o4=
?
z , ..... .u......•???,r yC
rn p
n r?tl °w...n.....e...n
?• :g
1 N
0 70 "e
?po c)
Z 'r ere e 1a?as *?O?° ®®
n " m
e
rn ) ro Nts? :>
c
F= 23
;Jim
J ?
Z
n ITT
c n ''}l
tG
C AJ<r`X ?i(n
tp TX1%u c1 -70
n
z
C) D ''
0 ?
000111% r000111% rn 70
70 Q
T ?rn ?o U? N
W =y =rn D
ZI: 70
(71 rn n
0
C) (
C) Z ] i
rn
rn
rn
70
N ON rn
r- rn
D r
n
03 rn
? ?
n X rn
W
U
v
N
rn
D
0
Z
rn

n
Do
0
c/)
rc/)
V
^m
\J/
1
i0
D
Z
0
Z
0
G
rn
Z
0
rn
O
- X
0
rn
N ?
?03
Zn
D?
?0
c? 70
C) rn
G7
713rn
N
rn
C)
0
c
0
U)
O
U)
D

oC)
?
-
= U)
C)

2 N

rn
rn
U -

0
0
X
?, = N
Z
3
rn <
O <0
r
Torn c
O U rn
ern
< Q
? rn
? v
Z
?<u?
C)
o =
,D
0 r
o :I
N
c Q
o
0
70
D
D
Z
Z
rn
r
WATER FLOW
r
D
Z
m

z
O
0
N
9
5'-0"
r
C `? o
00 C
Do m
n Do
K
0m
my
0 00
>r
O
C)
D
Z
rn
W
O
Z
N
rn
D
G?
r1
RESTORATION
DESIGN BY:
•
Soil & Environmental Consultants, PA
11010Ravin Ridge Ro.d • R.WANonh C-i.27614 • F6"a:(919)8465900 • Fu:(919)8469467
-S..IEC-
e-1 ", - II 11? DEEP CREEK WETLAND MITIGATION PLAN III FARM ROAD II ?°"' II
ey w Jm? „? AMERICAN WETLANDS YADKIN COUNTY, NC CHANNEL CROSSING PLAN
s
570
SIT-
Z
Y
iR 7001
NOT TO SCALE

VNEL
600
iii?

I
i
I=
'v
?I
11
11
II
III
1
III
ants, PA
• F¢ (919)8168167
I- ? ? N. 82 II AMERICAN WETLANDS I DEEP CREEK WETLAND MITIGATION PLAN II PLAN VIEW III ??
YADKIN COUNTY, NC
_ _ . wv?rBmdFC.cm
D
m
C7
D
z
m
F-
D
Z
C7
m
m
m
C)
Dm
p m
Z ?
OD
Z ?
m
z cn
n ?
O
D
O
z
C
n
C
m

4
'n
rn
CA 00
so cn O
z?
9 eb
k
?p
?p
o

D
D
z
rn
N
0
? w W
O

Z

o.•
g
2;
..
..
.. --•------------ - . -------- -------

Z4-
WATER FLO
c
' F

M.
I?h --- - ---- ------

'?? lull
9
II '
T??c O F

.
?` ? 8 ? ? ? ° p
7?
?
N•
. 70 F
Y DT z
p1 f
I
I
D y'
. L 1

rn
'r 0

rn
D U ?'

Z
s
FQ g

n
70
O
N
N
N
rn(?
Q
7u
O Q
O
?
rn
z

F D

rn

Ag
`
?
I a

2

8 ? -

-rN
y O O??

za

``?t??iiir?rrrrr? ?,?? C "?
r`
,,,••,??, O,%L4
•
•••iN•rr•••
••.••
•e(B6 Cana •.?0? r ,:'?4/ `9Z: S
•
m 00
ng _ °?° n
-0 6
00 0
?? ••••p•• 1f ? ? ?rrruglntNrrM
AMERICAN WETLANDS
DEEP CREEK STREAM RESTORATION
WEST AND SOUTH FORK TYPICAL CROSS-SECTIONS
FLOODPLAIN
FLOODPLAIN
SOUTH FORK-REACH I
BANKFULL WIDTH 14 FEET
2.5 5.0 7.5 10.0 12.5
2.5
5.0
.0
RIFFLE MAX DEPTH 2.0-2.5 FT
CROSS-SECTIONAL AREA 21.0 FT 2
AVE. DEPTH 1.5 FT
K DEPTH 3.3-3.75 FT
CTIONAL AREA 30.5 FT 2
TH 2.0-2.2 FT
WEST FORK-REACH 2 \i
BANKFULL WIDTH 16 FEET
0 2.5 5.0 7.5 1 .0 2
2.5
5.0
7.5
R
C
AVE. DEPTH 1.8 FT
4
POOL MAX DEPTH 3.5
CROSS-SECTIONAL AREA
AVE. DEPTH 2.5 FT
i
0 FT
40.0-45.0 FT z
WEST FORK-REACH 3
i< BANKFULL WIDTH 18 FEET
0 2.5 5.0 7 5 10 0 12 5 7 5 20 0
2.%
5.C
7.5
RIFFLE
CROSS-
AVE. DE
E
POOL MAX
CROSS-SECTIO
AVE. DEPTH
N
5 20.0
IFFLE MAX DEPTH 2.5-2.75 FT
ROSS-SECTIONAL AREA 26.0 FT 2
MAX DEPTH 2.5-3.0 FT
ECTIONAL AREA 32.5 FT'
PTH 1.8 FT
PTH 4.0-4.5 FT
AL AREA 47.0 FT2
2.5-3.0 FT
-- o
42,
? s
_ SR 1570
J ?
SITE
i
? o
- ? ? SR ,oa,
,s
+.. VICINITY MAP NOT TO SCALE
J
O ++ It
I\

J ?

I
I
it
11
I?I>
II
I?I
It I
RESTORATION
DESIGN BY:
M Soil & Environmental Consultants, PA
110(0 R- Ride Bad - RddA N*dh aa? 27614 - pima (919)94&5 0 - Ps (919)8969167
-S.WBCmm
M. -2-2 II AMERICAN WETLANDS III DEEP CREEK WETLAND MI,I NATION PLAN III MITIGATION TYPES III ?? II
F By 1_.. YADKIN COUNTY
MITIGATION TYPES
WETLAND RESTORATION AREA
30.4 ACRES
WETLAND CREATION AREA
12.1 ACRES
RESTORED STREAM CHANNEL
5,540 LINEAR FEET

Bridge ,
I=,
E ITE ImBy 'Na s 11 AMERICAN WETLANDS III DEEP CREYADKEN MITYT,IGAT

NC ION PLAN ?I ST E=F MONiTORSNG WELDLS III I

? \ m ?? ? us. 421 I
o
GO 1*? co N 00 r ? 00 10 10 M
LA of Ln co O O 't to 'IT of of
-46 to 4 4 6 6 6 16 .p tl N

N
to M 00 ?T Co V r a 10 N
r r r r r r N N O O r
r r r r r r r r r r r r
00

Z
M
Q r

J
Q
r
O

?n ?n ?n ?n ?n ?n ?n v7
co
,o o 10 ,o 10 10 ,o o 10 10 10 ,o N
3
c?
3 M M M M M M C7 M C7 M M M
y r r r r r r r r r r r r ?
M M Cl) M ?' M M N C7
y
y
O? 'o M N M N o% 'o N ?T
tq ^ 00 00 CT M M .O 00 1O N
a m i v s o
c r to 10 r*l i 10 t et m ch ?

N V' M 10 C

i Ci C
7 M `Q Ci M N M
v
i O O O O C5
O O O O O O O O eC
10 1O
1
0 10 CO
3 N O N N .- Cl! N 17 N N Cl!
U? N N N N N N N N N N N N 10
N
P < N M M 00 1l Ci O N h n
W O N Cl) of 'Q C7 C N
M

z
m
m
z
d
>
u J
LL a a
f 4 ul z °

Deep Creek Wetlands Mitigation Bank
Appendix B: Property Survey and Legal Description
The property survey and legal description are attached. The project site is in Yadkin
County, North Carolina, and is located south of US Highway 421, approximately 2,000
feet west of the Yadkin River, west of Dinkins Bottom Road. The proposed Bank is
located in sub-basin 02, Hydrologic Unit 11 in the Yadkin River Basin, USGS Cataloging
Unit #03040101.
L G ND -?

- 200 0 200

` 400 600
CARL -
entomin or mg, r
axr- - -_GRAPHIC SCALE - FEET
-
s 421
and
'"?D 9ee Ann H. Holland
db 98, pg. 717
.n maw
718
db 98 -
?? - - - -
- SEAL
L-2840
Air ;
°.?t

,sm
@
. pg.
182
E db 79 - o .
, pg.
S
- r 1 n SITE
i
ue4• r/>'Rs 1
f` 1

Related Projects; L21
122
)74es \
` \\\
1 //
2316.1-95C
?/ ?3 r/a•R3 .
1 ?\
1 /
/
/, .
1 1
\ ?? srt ,oo,
VICINITY MAP NOT

Pro osed 0-f r/1.9¢s
R Ea6en,ent a `?\
)n• ? e <u=ll!> w.6 um .<...> 1• a . PnpuuN w.m.K s«.e..r ..e v u o<.Pm6 {< we
? wu<9 a ..Weal.{enm
]el. _ ev a d0o1' urk s Ywv. PL9-Ye40
ffi G sa ROW 4W/A9
)/Y' / _ _ _ _ _ - L W ma w v^»e: te?.l a<.. <ea.r mr.u9•e.w<e ?m?'o<?t eW=.9r
?: v«awea a <w<« . t..w 1
Aud Nul W V plul .u P«M^4 m 6e<xesnw .la !..7-]0 u <m.neW. Du W
a=yba tl{9{..e?fKat<. Ye11<..u,<<<,,,,avyymbe
N 1W+ j,?'Ty a I 3001.' Ynik K H9Oer. PLY-YBIO
v )?•? / REPa w OFFICER
t n•R9 G // L 9uduW Otlbu= a Y6el0A Ceml>. vurury WK au
r/Y 4es L4] r my « Pp{ le uk,A lklr «aN«W9 Y e1WN m«V .0 et<tutnr> ruqu4w«1u l9r =«nNN6
r?•Rr L.: UO South
r/>' 4Ps
r/>' 9er L41 ,/?• Rs q .V4' ?S Deep Y<W<u DYk.r -
Z SIRENIr? Creek c2WrMcAMON OF AFPROV- OF PI.ANND9O BOARD
0 1 ealNlpp r.WW<W =11= e e? N rW C<~r<Ilw.?.1V, W. ?ao?mUne of iueG vlue«.
N o ° it .W>. « w a<1.a m m. mleel.. a ue PPIUW09 uA91a9 seers W =e99re.e e9 {De pleleae lM
R W kew eppssM 6> ae YedWA Ceu9t> MW el Wtlr sw1.r m«Wr a
William R. Harding, Jr. .ed _, lar ne«eae h u» oew J w TudNn C«K0 L9WC a D..e..
do 79, pg. 212 R Easement
l qy ?a.Dm.a YW Win enwv 1-.1 -1
lenen
NO Ceur.u Bear ln9 Dlelen<e a<ee In9 Oi-
4 0 J 0.19
r/j-0y1. .....
a) Al LYAP6T)P K)1/E
m ?. ???? a OS w 19] > Y6 6' 0 ; ,96.to
CD
01-4 10-R. .90YI/.WH' INAdOCw °
ME p0UND4tlE 011M4 20iT. 9t .0] Y) ? 43
r/j•Rr • gIGM-K-WAY COwrAW 0.906 Mt. ?, t9 1 '09 0
)43.16 Cwree 9enr,n0 Oeulaneu
m___--. _ 70.745 AC.t t]Y 102-401-17-1
.]9- W. M. Hording
Revocable Trust
db 92, pg. 608
Benjamin H. Harding, Jr. '
en9 ?
r/> ^r Ann H. Holland o
db 98, pg. 717
1
db 98, pg. 718 _
;t
0
db 79, pg. 182
J
J

Proposed
Benjamin H. Hording. Jr. and
rC
Ann H. Holland s
db 98, pg. 717 r/4' Rs
db 98, pg. 718 N 0601*31"E
db 79, pg. 182 132.91'
a/.•sc;
V4• e
r/4• Rr
N 10'18'44"E
101.57' II
]/4' 49r C
,?.• 4C9
-M
rnwr nur a
D ?'ISY AM• ? ? l1
sp6wA r/?•4m* r/Y•.Wr J
Vi' 4Yi
Propoeed
]/4•-
• m Yadkin County
h S 764428W db 392, pg. 518
o 157.28' plot bk. 7, pg. 164
N
m f?S A
1/4•

1 )n•aF I
g
1
I
I
Hickory Ridge Associates
i
of Yadkin, L.L.C.

parcel two of I
1 db 447, pg. 423 1
J/I' K] I
1
I 1
I
I
1
I ?
Benjamin H. Harding, Jr.
o and
N Ann H. Holland
r/Y•4er db 98, pg. 717
S 13'23'22'W 59.80'db 98, pg. 718
Vi-4es db 79, pg. 182
S 3619'49'W 78.71
n' 4es
S 56'45'33'W 111.84'
s/a•4n
South
l\ \\ Deep
\?\l Creek
`11
x
1/>' 4Tr 111
r/Y• wW ?I II
Ar vsr I ? I
I11?
SR 157011
Dinkins it
Bottom I?I
Road vi
I
II
11
Plat of Survey for
Proposed Conservation Easement
for
Benjamin H. Harding, Jr.
and
Ann H. Holland
FORBUSH TOSP., YADKIN CO., NC
5845(00) 86 8693
" w`r-srv a mr rAWrtn or rrt roW. a rinwrmu6
,o, m 9rxso6 smm ro wx w r6ac.+WU-6. ac nDss
]J6-eM-eO.U 64?n »e-eh-ee04
PROJECT: 3258.1-OlC
DRAWING NO.: 3258PI.DWC
SHEET NO. 1 of 1_
c..ls =-, m6DUew uo 4PE ? u,YS wwuro \ /
l,f P6WOSm Afi. 11?Cnr?-W ?/
Deep Creek Wetlands Mitigation Bank
Appendix C. Map - Geographic Seruice Area
The primary service area is the upper Yadkin River area (cataloging unit #03040101) with
the possibility of negotiating the mitigation of impacts in adjoining cataloging units. The
primary service area is the northwestern Piedmont and foothills of North Carolina and
includes portions of municipalities such as Winston Salem, Yadkinville, Mount Airy, and
North Wilkesboro, NC. Use of the bank for projects outside the primary service area may
be proposed and considered on a case-by-case basis.
A. J1
? I
0 t, CV5 -. g7
L)
< o ® ?'? T 1? ?>
° ° ° J°f C C ° r ..
s •! ,? //// •
1 Y ? s l o= r,e
o j r e r o L
r C.
I Cd
= n ffYw??ri
VW0 ` Da I a
• r? •rk Y e
•a
•° h ?rJ t nO• O? 1 0 ` /o
°
.I
CD
C J
ti
lo- 0
8
U t ? , Pq? - 3 R
1 O °
I ? O
IL t,, ` go 10
CIO 10
O V4
0
?1 t
L 'b ? z r Z °
1 1 r ?•? ?d' Fa • O
• • j
q O z V
1 O P'W" t) ° 1°ot K. I
?? T ° Y ° 64 ? O C"r O
O '
1 ??? of i , •`? °
l y c3he ( o
R1
•r I
C Y 10 0
0I IK
0 05
° °
> ?r R
alt
T O
F
tons 0
(Of's e,
=e j •? p- i oar !
?
o ;.? O ??1 E sS t ova' ?
Lbw % +? •
(ems ?{ ° t
0. k1u?Dar'f a • • 3 •
N
-.d L10
I • C _ 4
10 f
1 ? ? -? 1 0 `.,
^w7S 9 q •
° 1 it B: a c
f 4
O S - pa tr i i `fee.Q> o
py p 00
-
4 _ L a for ° CO
0-0 ft
b E j O n O
o .?
w
Deep Creek Wetlands Mitigation Bank
Appendix D: Construction Costs
Final costs of construction and planting will be determined through a competitive process
and the ability of the contractor to provide sufficient performance bonding. The estimates
that follow are more than sufficient to cover actual costs based on the Mitigation Plan and
estimates furnished by the consultants. They are:
Wetlands Restoration
Construction - Includes all earth movement, filling ditches and grading - $ 118,800
Planting - Includes planting and seeding of the site twice - 160,000
Sub-Total $ 278,800
Stream and Riparian Restoration
Construction - Includes all earth movement, relocation of stream - $ 350,000
channel and structures
Planting - Includes planting and seeding - 40,000
Sub-Total $ 390,000
Total - $ 668,800
Deep Creek Wetlands Mitigation Bank
Appendix E. Maintenance and Monitoring Costs
Based on the Mitigation Plan, the estimated costs for maintenance and monitoring for
wetlands restoration through the year 2006 are $75,000. This does not include the costs
of purchase and installation of monitoring devices, which occurred in August 2001, or the
costs for reading and recording data beginning at this time. These costs take into
consideration that the construction estimates are higher in order to provide for any
modifications that might be needed following the first year of construction, and that
planting and seeding costs reflect enough to plant and seed the site twice should there be a
need.
The estimated costs for maintenance and monitoring of the stream and riparian restoration
through the year 2006 are $120,000.
Deep Creek Wetlands Mitigation Bank
Appendix F. Form of Financial Assurance
American Wetlands and Natural Resources Exchange Corporation (Sponsor) has provided
North Carolina Department of Transportation (NCDOT), and executed, a Promissory
Note and an executed and recorded first lien Deed of Trust on the property in the amount
of Five Hundred and Nineteen Thousand and Three Hundred and No/100 Dollars
($519,300.00). The Deed of Trust was recorded upon closing of the purchase of the
easement on June 1, 2001.
Construction and Payment Bonds in the amount of Two Hundred and Seventy-Eight
Thousand Eight Hundred and No/100 Dollars ($278,800.00) have been secured to cover
the cost of grading and planting of the wetlands. The actual costs are estimated to be
significantly less than projected in the bonding level. Copies of the Performance and
Payment Bonds are attached.
In addition, a Performance Bond in the amount of One Million One hundred and Forty
Four Thousand and No/100 Dollars ($1,144,000), and a Payment Bond in the amount
Three Hundred and Ninety Thousand Dollars and No/100 Dollars ($390,000) have been
secured to cover the cost of performance and payment in the delivery of S,SOO linear feet
of stream and riparian restoration. Copies of the Performance and Payment bonds are
attached.
Maintenance and monitoring costs for the wetlands restoration, and creation will be paid
from funds held by NCDOT for such purposes. These funds will be paid to the Sponsor
after notification to NCDOT and the USACOE that all monitoring and maintenance work
for the year has been accomplished, and NCDOT's approval of such monitoring and
maintenance activities. These funds are to be released annually over the next five years
upon meeting the conditions set forth above. This is a contractual requirement between
the Sponsor and NCDOT.
The Performance and Payment Bonds as described above for stream and riparian
restoration provide financial assurances that the needed monitoring, and maintenance work
will be performed are attached.
Much of the work to be covered by financial assurances has already been completed. This
includes site design; topographic and boundary surveys; purchase of the easement;
purchase and installation of hydrology monitoring devices; and preparation of the erosion
control plan. The Performance Bond covers more than the actual cost of grading and
planting of the wetlands restoration area.
The Sponsor has general liability insurance in the amount of $1,000,000 for each
occurrence, $2,000,000 for subsequent occurrences, and $1,000,000 of environmental
coverage. In addition, the Sponsor carries $1,000,000 of Director/Officers liability
insurance.
Vtt?
t
R0526
SATISFACTION: The debt secured by the
within Deed of Trust together with the note(s)
secured thereby has been satisfied in full.
This the day of
200
Signed:
P0164
2: 5 U
C;- ED c. c
?
Recording Time, Book and Page
Tax Lot No.:
Parcel Identifier No.
County on the day of , 200 by
Mail.afwr recording to: North Carolina Department of Transportation, Project Analysis &
Exiviroumentai Analysis Branch, Room 462, Trans. Building, P.O. Box 25201, Raleigh, NC
27611 - Ami: Beth Harmon
Prepared By: Alan G. Dexter, Parker Poe Adams & Bernstein, L.L.P., Three First IJnion
Center, 401 S. Tryon St_, Ste. 3000, Charlotte, NC 28202
Brief Descrrption For 'Me Index.
Harding Site
`'erified by
NORTH CAROLINA DEED OF TRUST
THIS DEED OF TRUST is made this I_ day of rl n p , 200.1-, by and between:
AMERICAN NVE--rJ-A.NDS &
:NA-,rURAI: RIPS OURCES
EXCHA-NNG:E CORPORATION,
Ea
Color.; % cornorad n
Add.Te3s:
9625 Stuveyor Ct.
Suite 3.-0
?Manassas, VA 20110
FRF• LMMI AR
A8:1STAM ATTORNEY GENERAL
c/o NC DOT
HIGHWAY BUILDING
1 SOUTH WILMINGTON ROAD
RALEIGH, NC 27699
NORTH CAROLTNA
DEPARTMENT OF
TRANSPO ATI0, N
Address: Address:
Project Analysis & Euvircz rnental
Analysis Branch
Room 462, Trans. Building
P.O. Box 25201
Raleigh, NC 27611
R6526 ?P0165
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation
or partnership.
The designation Grantor, Trustee and Beneficiary as used herein shall include said parties, their heirs, successors
and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
WI TNESSETH, That whereas Beneficiary has paid Grantor and Grantor is indebted to Beneficiary in the
principal sum of Five Hundred Nineteen Thousand, Three Hundred and No/100 Dollars ($519,300.00) as
evidenced by a Promissory Note of even date herewith, pursuant to the Mitigation Agreement entered into between
Grantor and Beneficiary on the 16 day of Apr i 1 .2001 (the "Contract").
NOW, THEREFORE, as security for Grantor's indebtedness, Grantor's performance of the obligations
under the Contract, and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor has
bargained, sold, given, granted and conveyed and does by these presents bargain, sell, give, grant and convey to said
Trustee, his heirs or successors, and assigns, the parcel(s) of land situated in the City of N/A ,
Forbush Township, Yadkin County, North Carolina (the "Premises"), and more particularly
described as follows:
See FXIIIBIT A, a[rached hereto and incorporated herein by this reference.
TO HAVE AND TO HOLD said Premises with all privileges and appurtenances hereunto belonging, to
said Trustee, hens, successors, and assigns forever, upon the trusts, terms and conditions, and for the uses hereinafter
set forth.
If the Grantor shall pay the Note secured hereby or fiM all of its obligations under the terms of the Contact
for the Contract's duration, together with any future amendments or extensions, then this conveyance shall be null
and void and may be canceled of record at the request and expense of Grantor and the Now shall be marked satisfied
by Beneficiary. If, however, there shall be any material default under any of the terms, obligations or conditions of
the Contract or this Deed of Trust, that is not cured within the time period provided in the Note or Contract, then
it shall be lawful for and the duty of Trustee, upon request of Beneficiary, to sell the land herein conveyed at public
auction for cash, after giving notice of hearing as to commencement of foreclosure proceedings and obtaining such
findings or leave of court as may then be required-by law and giving such notice and advertising the time and place
of such sale in such manner as may then be-provided by law, and upon such and any resales and upon compliance
with the law then relating to foreclosure proceedings under power of sale to convey tide to the purchaser in as full
and ample manner as the Trustee is empowered. The Trustee shall be authorized to retain an attorney to represent
him in such proceedings. Any foreclosure on the Premises will reduce Grantor's liability under the Contract, Note
and this Deed of Trust by $519,300.
The Trustee's commission upon foreclosure, or the commencement of foreclosure without completion, shall
be based on Trustee's actual time and expenses incurred at reasonable and normal hourly rates without regard to any
statutory presumptions. The Trustee's commission shall also be based upon attorne}?s fees upon foreclosure, or the
commencement of foreclosure without completion, based on the attorney's actual time and expenses incurred at
reasonable and normal hourly rates without regard to any statutory presumptions.
And the said Grantor does hereby covenant and agree with Trustee as follows:
R 8 5 2 6 P0166
1. INSURANCE. Grantor shall keep all improvements on said land, now or hereafter erected, constandy
insured for the benefit of the Beneficiary against loss by fire, windstorm and such other casualties and contingencies,
in such manner and in such companies and for such amounts, not less than that amount necessary to pay the sum
secured by this Deed of Trust, and as may be satisfactory to the Beneficiary. Grantor shall purchase such insurance,
pay all premiums therefor, and shall deliver to Beneficiary such policies along with.evidence of premium payment
as long as the obligations under the Note or Contract remain unfulfilled. If Grantor fails to purchase such insurance,
pay premiums therefor or deliver said policies along with evidence of payment of premiums thereon, then
Beneficiary, at i-tsoption, may purchase such insurance. All proceeds from any insurance so maintained shall be
applied to the repair or reconstruction of any improvements located upon the Property.
2. TAX'S, ASSESSMENTS, CHARGES. Grantor shall pay all taxes, assessments and charges as may
be lawfully levied against said Premises within thirty (30) days after the same shall become due. If Grantor fails to
so pay all taxes, assessments and charges as herein required, then Beneficiary may pay the same and the amounts so
paid shall be added to the principal of the Note secured by this Deed of Trust.
3. ASSIGNMENT OF RENTS AND PROFITS. Grantor assigns to Beneficiary, in the event of default
and completion of foreclosure, all rents and profits from the land and any improvements thereon, and authorizes
Beneficiary to enter upon and take possession of such land and improvements, to rent same, at any reasonable rate
of rent determined by Beneficiary.
4. PEAL RELEASE. Grantor shall not be entitled to the partial release of any of the above described
property unless a speck provision providing therefor is included in this Deed of Trust. In the event a partial release
provision is included in this Deed of Trust, Grantor must strictly comply with the terms thereof. Notwithstanding
anything herein contained, Grantor shall not be entitled to any release of property unless Grantor is not in default
and is in full compliance with all of the terms and provisions of the Note, Contract, and this Deed of Trust.
5. WASTE. The Grantor covenants that he will keep the Premises herein conveyed in as good order,
repair and condition as they are now, reasonable wear and tear excepted, and will comply with all governmental
requirements respecting the Premises or their use, and that he will not commit or permit any waste.
6. CONDEMNATION. In the event that any or all of the Premises shall be condemned and taken under
the power of eminent domain, Grantor shall give immediate written notice to Beneficiary.
an easement in
7. WARRAIN-M. Grantor covenants with Trustee and Beneficiary that he is seized of/the Premisesx
xxxxxxxxx, has the right to convey the same easement.: that tide is marketable and free and clear of all
encumbrances, and that he will warrant and defend the title against the lawful claims of all persons whomsoever,
except for the exceptions hereinafter stated. Tide to the property hereinabove described is subject to the following
exceptions:
See EXHIBITB , attached hereto and incorporated herein by this refemnce.
8. SUBSTITUTION OF TRUSTEE. Grantor and Tr?t ?c?venafrt Qnh Wee to and with Beneficiary
that in case the said Trustee, or any successor trustee, shall die, become incapable of acting, renounce his trust, or
for any reason the Beneficiary desires to replace said Trustee, then the Beneficiary may appoint, in writing, a trustee
to take the place of the Trustee, and upon the probate and registration of the same, the trustee thus appointed shall
succeed to all rights, powers and duties of the Trustee.
9. [RESERVED]
10. [RESERVED]
11. INDEMNM. If any suit or proceeding be brought against the Trustee or Beneficiary or if any suit or
proceeding be brought which may affect the value or title of the Premises, Grantor shalt defend, indemnify and hold
harmless and on demand reimburse Trustee or Beneficiary from any loss, cost, damage or expense reasonably
incurred.
12. WAIVERS. Grantor waives all rights to require marshaling of assets by the Trustee or Beneficiary. No
delay or omission of the Trustee or Beneficiary in the exercise of any right, power or remedy arising under the
Contract, Note or this Deed of Trust shall be deemed a waiver of any default or acquiescence therein or shall impair
or waive the exercise of such right, power or remedy by Trustee or Beneficiary at any other time.
13. CIVIL ACTION. In the event that the Trustee is named as a party to any civil action as Trustee in. this
Deed of Trust, the Trustee shall be entitled to employ an attorney at law, including himself if he is a licensed attorney,
to represent him in said action and the reasonable attorney's fee of the Trustee, based on said attorney's actual time
incurred at reasonable and normal hourly rates without regard to any statutory presumption, shall be paid by the
Beneficiary.
14. PRIOR LIENS. Default under the terms of any instrument secured by a lien to which this Deed of
Trust is subordinate shall constitute default hereunder.
15. [RESERVED]
IN WITNESS WHEREOF, the Grantor has causefl tRhs'ZAamerlt A L y executed imder seal, the
miay and year fust above written.
GRANTOR:
AMERICAN WETLANDS & NATURAL
RESOURCES EXCHANGE CORPORATION,
a Colorado corporation
k
-s;
By.
r 9 R? r , ,'+ Its: le? i?J,71
R
yr4 J
1 411,410,
ACCEPTED BY:
STATE OF NORTH CAROLINA DEPARTMENT OF
,Yi v?j tui x f'.r
'r0 TRA A ON
John B.
By: Willi son, Jr. MANAGER OF RIGHT OF WAY
T.
SECRETARY TO THE BOARD OF TRANSPORTATION AND
aCUSTODI OF THE S OF THE DEPARTMENT OF TRANSPORTATION
APPROVED AS TO FORM:
ROY COOPER
Attorney General
Assistant
Attorney General
NORTH CAROLINA WAKE COUNTY
This the rR day of Sv t41_= 2001, personally appeared before me, Jot= e _cRe c./f11'a.
Notary Public of said County and State, TAnAa.v t eeryW6, who being by me duly sworn, says that s/he knows
the Seal of the Department of Transportation and is acquainted with John B. Williamson, Jr., who is manager of
Right-of-Way of the Division of Highways of said Department, and that s/he, the said TA??1 B d car v..?tG • is
the Secretary to the Board-of Transportation. and--Custodian of the Seal of the Department of Transportation, and
saw said Manager of Right of Way sign the foregoing instrument, and that she, the said Secretary to the Board of
Transportation and Custodian of the Seal of the Department of Transportation, affixed said seal to said instrument
and signed her name in attestation of the execution thereof in the presence, of said Manager of Right of Way.
lid and N tarial Seal, the 6 r' day of J r( lr , 2041.
NOTARY PUBLIC
1l J".
7

R8526 P0169
STATE OF NORTH CAROLINA
COUNTY OF _EoRS Y T
I g ov 49 , a Notary Public for the above State and County, hereby certify that
4A,7+ a r eAs a personally came before me this day and acknowledged that he/silois
t es t` e n?- o AMERICAN WETLANDS & NATURAL RESOURCES EXCHANGE
CORPORATION, a Colorado corporation, and that he/ she as pt e c Zol pej- , being authorized to do so,
executed the foregoing on behalf of corporation.
WITNESS my hand and official seal, this the I day of TaA&, 200 -1.
M commission Expes: IP G =Notafy EAL
ah Carolina
ORSYTH (NOTARY SEAL]
Notary Public
NORTH CAROLINA, Wla COl! _ y
foregoAce cat of
csrtifted e c
fVlary J. i a-Lon
Register of Deeds Qe p>?ssI Oster eeds
- z
EXH1-6vv- A
88526 P0170
(A-20297E; 5845 00 86 8693) BEING a perpetual right and easement for the construction,
operation, monitoring, and maintenance of wetlands by the American Wetlands and Natural
Resources Exchange Corporation, Grantee herein, or by its agents, successors and assigns,
said wetlands easement to encumber the lands of described below:
BEING LOCATED in Forbush Township, Yadkin County, North Carolina, and
being that tract of real property containing 70.745 acres, more or less, shown as
"70.745 AC..±" on that plat of survey entitled "Plat of Survey for Proposed
Conservation Easement for Benjamin H. Harding, Jr. and Ann H. Holland
recorded in Plat Book. 8, Page 448 Yadkin County Registry, to which reference
is made for a more complete description.
TOGETHER WITH the following:
(1) a non-exclusive utility easement and a non-exclusive right of
way easement of ingress, egress and regress twenty (20) feet in .
width to be appurtenant to and to run with that tract of real
property containing 70.745 acres, more or less, shown as
"70.745 AC. ±" on that plat of survey entitled "Plat of Survey
for Proposed Conservation Easement for Benjamin H. Harding,
Jr. and Ann H. Holland recorded in Plat Book 8, Page 448
Yadkin County Registry, to which reference is made for a more
complete description, said easement being more particularly
described as follows:
(A-20296 RW over A-20184;5855 00 08 4202) Being that non-
exclusive utility easement and that non-exclusive right of way
easement of ingress, egress and regress over and across that way
20 feet in width shown as "Proposed 20-ft. R/W" on that plat of
survey entitled "Plat of Survey for Benjamin H. Harding, Jr. Ann
H. Holland" as recorded in Plat Book 8 at page 429 of the
Yadkin County Registry, which plat is incorporated herein by
reference.
- z
(2} a temporary construction easement ten (10) feet in width said
easement being more particularly described as follows:
(A-20296 TCE over A-20184;5855 00 08 4202) Being that
temporary construction easement shown as "Proposed 10-ft.
Temporary Construction Easement" on that plat of survey entitled
"Plat of Survey for Benjamin H. Harding, Jr. Ann H. Holland"
as recorded in Plat Book 8 at page 429 of the Yadkin County
Registry, which plat is incorporated herein by reference. This
temporary construction easement shall terminate upon the-
completion of the construction of the said roadway.
R8526 P0171
SUBJECT TO AND RESERVING HOWEVER anon-exclusive
utility easement and a non-exclusive right of way easement of
ingress, egress and regress to be appurtenant to and to run with
that tract described in that deed from the United States of
America to B. H. Harding and wife Blanche B. Harding recorded
in Book 79, at. Page 182 Yadkin County Registry, to which
reference is made for a more complete description (save and
except that tract described in deed recorded in Book 497, Page
206 Yadkin County Registry to which reference is made for a
more complete description) and to be appurtenant to and to run.
with that tract described in that deed from the United States of
America to William R. Harding and wife Marian N. Harding
recorded in Book 79, at Page 212 Yadkin County Registry, to
which reference is made for a more complete description (save
and except those tracts described in deeds recorded in Book 78,
Page 322 and Book 270, Page 654 Yadkin County Registry to
which reference is made for a more complete description) over
and across that way 20 feet in width, described as follows:
(A-20297 RW over; 5845 00 86 8693)
Being that non-exclusive utility easement. and that non-exclusive right of
way easement of ingress, egress and regress over and across that way 20
feet in width shown as "Proposed 20-ft. RIW Easement" over and
within that 70.745 acre tract, more or less, on that plat of survey
entitled "Plat of Survey for Proposed Conservation Easement for
Benjamin H. Harding, Jr. and Ann H. Holland recorded in Plat Book 8,
Page 448 Yadkin County Registry, to which reference is made for a
more complete description,

M: \B HH\WETLANDS\Abstract\A-20297

$519,300
PROMISSORY NOTE
Yadkin C ountz, J.C.
June 1 , 2001
FOR VALL E RECFIVED the undersigned maker (Makerl of this Promissory Note CNotel jointly and severally, protnis" to
pay to the North Carolina Department of Transportation MCDOID or order, the principal stem of Five Hundred Nineteen
Thousand and Three Hundred an•1 No/ 100 DOLLARS (5519,300). This Note is made pursuant to a certain contract with
N(,DOT dated the 16 day of April 2001 to provide wu:dand mitigation credits to NCDOT (the 'Miter atwn Contract'.
Arcordingdy, the principal shall be d= and payable on demand within 30 days of written notice to Maker, except as follows:
If American Wetlands & Natural Resources Exchange Corporation (Makes') shall well and truly perform and firldr?l all the
undertakings, covenants. terms, conditions and agreements of the Mitigation Contract (including any modifications
thereof) then the derr-,and shall be void; otherwise to have firll force acrd effect.
In the evert a default in the -Maker's performance under the Mitigation Contract or default under the ten s of any instrument
securing this Now, and such default is not cu>r+ed according to the terms of the lion Contract, the holder may without further
notice, declare the principal sum at once due and payable. Failure to exercise this option shall not r. onstituute a waiver of the right
to etcreze the same at any other titre.
This Vote is secured by Deed of Trust dated June . 1, 2001 recorded on June _ 2001 in the Yadkin County Register
of Deeds and executed by.Lmerican VVedauds & Natural Resources Exchange Corporation, with respect to the following propem:
See attached Exhibit A.
'I :Nis shall be non-recourse as to the Maker. At the option of the Maker, the sok remedy of the holder for am bre. Its of
the obligations evidenced by this Now may be against the property alone as is described in the Deed of Trust and not agaimt any
other asset(s) of the Malmr. The failure of holder to exercise any such right or remedy shall not be a warner or release of such rights
or reinedies or the right to exercise any of them at another time.
The 'Note shall be governed and construed in accordance with the laws of the State of North Carolina.
Ltii TEE TTIMONY W1iF.REOF, each corporate maker has caused this iastrvment to be executed is its corporate rwrw by
iv; President, all by order of its Board of Directors first duly given, the day and year first above written.
AMERICAN WET ANDS & NA't'i.7RAL
RESOURCE EXCHANGE CORPORATIUrl
Br. f -
Its: /' -
M710=4

Form OC- 13
SECTION 307 FORM OF PERFORMANCE BOND
Date of Contract: March 29,2001
Date of Execution: March 29, 2001
Name of Principal: American Wetlands & Natural Resource Exchange Corp.
(Contractor)
Name of Surety: Hartford Fire Insurance
Name of Contracting Body: North Carolina Dept. of Transportation
Amount of Bond : $278,800
Proj ect : Harding; S1Lc prepartion and planting
(Site Preparation and Site Planting costs only, per Section 411)
KNOW ALL. MEN BY THESE PRESENTS, that we, the principal and surety above
named, are held and firmly bound unto the above named contracting body, hereinafter called
the contracting body, in the penal sum of the amount stated above for the payment of which
sum well and truly to be made, we bind, ourselves, our heirs, executors, administrators, and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal
entered into a certain contract with the contracting body, identified as shown above and hereto
attached:
NOW, THEREFORE, if the principal shall well and truly perform and fulfill all the
undertakings, covenants, terms, conditions and agreements for the Site Preparation and Site
Planting costs of said contract during the original term of said contract and any extensions
thereof that may be granted by the contracting body, with or without notice to the surety, and
during the life of any guaranty required under the contract, and shall also well and truly
perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any
and all duly authorized modifications the Site Preparation and Site Planting costs of sail
contract that may hereafter be made, notice of which modifications to the surety being; hereby
waived, then, this obligation to be void; otherwise to remain in full force and virtue.
IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under
their several seals on the date indicated above, the name and corporate seal of each corporate party
being hereto affixed and these presents duly signed by its undersigned representative, pursuant to
authority of its governing body.
Executed in 2
counterparts.
Witness: &AX (it19 46X American Wetlands & Natural Resource Exchange
Contractor: (Trade or Corporate Corp.
Name)
i
c7MG, , By: ,
(Proprietorship or Partnership) J./-'Ca-mar easley
Attest: (Corporation) Title: President
(Owner, Partner, or Corp.
Pres. or Vice Pres. only)
By:
Title : Corp • Secretar•,
(Corp. Sec. or Asst. Sec.
only)
(Corporate Seal%
Witness: Counter igned:
ohn Anderson
(N.C. Licensed Resident Agent)
Thomas Rutherfoord,Inc.
6230 Fairview Road,Ste.300
Charlotte,NC 28213
Name and Address-Surety Agency
Hartford Fire insurance
8711 University E. Dr.
Hartford Fire Insurance
(Surety Company)
By:
Title: Frank C. Roddey,Jr.
(Attorney in Fact)
(Surety Corporate Seal)
Charlotte,NC 28213
Surety Company Name and N.C.
Regional or Branch Office Address
Hartford, Connecticut
POWER OF ATTORNEY
Know all men by these Presents, That HARTFORD FIRE INSURANCE
COMPANY, a corporation duly organized under the laws of the State of Connecticut, and
having its principal bffice in the City of Hartford, County of Hartford. State of Connecticut,
does hereby make, constitute and appoint
Thomas U. Rutherfoord, Jr., George B. Wilson. Ill
Frank C. Roddey, Jr., Patricia L. Lewis
of
Alexandra, Virginia
its true and lawful Attorney(s)-in fact, with full power and authority to each of said
Attorney(s)-in-Fact, in their separate capacity if more than one is named above, to sign,
execute and acknowledge any and all bonds and undertakings and other writings obligatory in
the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of
persons holding. places of public or private trust; guaranteeing the performance of contracts
other than insurance policies; guaranteeing the performance of insurance contracts where
surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds
and undertakings required or permitted in all actions or proceedings or by law allowed, and to
bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if
such bonds and undertakings and other writings obligatory in the nature thereof were signed
by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and
attested by one other of such Officers, and hereby ratifies and confirms all that its said
Attorney(s)-in-Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of the By-Laws of HARTFORD FIRE
INSURANCE COMPANY, ("the Company") as amended by the Board of Directors at a
meeting duly called and held on May 13, 1999, as follows:
ARTICLE: IV
SECTION 8. The President or any Vice-President or Assistant Vice President acting
with any Secretary or Assistant Secretary, shall have power and authority to appoint, for
purposes only of executing and attesting bonds and undertakings and other writings
obligatory in the nature thereof, one or more resident Vice President, resident Assistant
Secretaries and Attorneys-in-Fact and at any time to remove any such resident Vice-
President, Resident Assistant Secretary, or Attorney-in-Fact, and revoke the power and
authority given to him.
SECTION 11. Attorneys-in-Fact shall have power and authority, subject to the terms
and limitations of the power of attorney issued to them, to execute and deliver on behalf of
the Company and to attach the seal of the Company thereto any and all bonds and
undertakings, and other writings obligatory in the nature thereof, and any such instrument
executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by
an Executive Officer and sealed and attested by one other of such Officers.
RPs lved, that 'tie signatures of such Officers and the seal of the Company may be
affixed to any such power of attorney or to any certificate relating thereto by facsimile, and
any such power of attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified
by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the
future with respect to any bond or undertaking to which it is attached.
Form S-3507-8 VA (HF) Printed in U.S.A.

In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these
presents to be signed by its Assistant Vice-President, and its corporate seal to be hereto
affixed, duly attested by its Assistant Secretary, this 14th day of May, 1999.
Attest: 1u? HARTFORD FIRE INSURANCE COMPANY
Qf?E "ling,,
CQ 7R TL
f? .yam/ ;SEAL
WPk
Paul A. Bergenholtz, Assistant Secretary Robe( L. Post, Assistant Vice President
STATE OF CONNECTICUT
ss.
COUNTY OF HARTFORD I On this 14th day of May, A.D. 1999, before me personally came Robert L. Post, to me
known, who being by me duly sworn, did depose and say: that he resides in the County of
Hartford, State of Connecticut; that he is the Assistant Vice-President of HARTFORD FIRE
INSURANCE COMPANY, the corporation described in and which executed the above
instrument; that he knows the seal of the said corporation; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by order of the Board of Directors of
said corporation and that he signed his name thereto by like order.
STATE OF CONNECTICUT
SS.?
COUNTY OF HARTFORD
CERTIFICATE M, C__ E+p.. 3-10. %0.
I, the undersigned, Assistant Vice President of HARTFORD FIRE INSURANCE
COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and
attached POWER OF ATTORNEY remains in full force and has not been revoked; and
furthermore, that Article Article IV, Sections 8 and 11 of the By-Laws of HARTFORD FIRE
INSURANCE COMPANY, set forth in the Power of Attorney, are now in force.
Signed and sealed at the City of Hartford. Dated the 29th day of March 2001.
QFWE
SEAL c
J. Dennis Lane, Assistant Vice President

uviw ..V . ? U.,.)l1J JC.II V
-bi-m OC-!0
SECTION 308 FORM OF PAYMENT BOND
Date of Contract
Date of Execution:
Name of Principal:
(Contractor)
Name of Surety:
Name of Contracting Body:
Amount of Bond
Project:
March 29,2001
March 29,2001
Amercian Wetlands & Natural Resource Exchange Corp.
Hartford Fire Insurnace
North Carolina Dept of Transportation
278,800
Harding Site prepartion and planting.
(Site Preparation and Site Planting costs only, per Sectior. 413)
KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above
named, are held and firmly bound unto the above named contracting body, hereinafter called
the contracting body, in the penal sum of the amount stated above for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal
entered into a certain contract with the contracting body identified as shown above and hereto
attached:
NOW, THEREFORE, if the principal shall promptly make payment to all persons
supplying labor/material in the prosecution of the Site Preparation and Site Planting costs work
provided for in said contract, and any and all duly authorized modifications of the Site
Preparation and Site Planting costs of said contract that may hereafter be made, notice of which
modifications to the surety being hereby waived, then this obligation to be void; otherwise to
remain in full force and virtue.
IN WITNESS WHEREOF, the above-bounden parties have executed this instrument
under their several seals on the date indicated above, the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Executed in
counterparts.
Witness: American Wetlands & Natural Resource Exchange
Contractor: (Trade or Corporate Name) Corp.
By: _
(Proprietorship or Partnership) Lamar Beasley
.fittest: (Corporation.) Title: President
(Owner, Partner, or Corp. Pres. Or Vice Pres. Only)
Pres. or Vice Pres. only)
By:
Title: Corporate Secretary
(Corp. Sec. or Asst.
Sec. only)
(Corporate Seal)
Witness:
tersigned:
tt John Anderson
(N.C. Licensed Resident Agent)
Thomas Rutherfoord,Inc.
6230 Fairview Road,Suite 300
Charlotte,NC 28210
Name and Address-Surety Agency
Hartford Fidelity and Bonding
8711 University E. Dr.
Charlotte,:IC 28213
Hartford Fire Insurance
(S rety Company)
By: 1 L e 1
Title: Frank C. Roddey,Jr .
(Attorney in Fact)
(Surety Corporate Seal)
Surety Company Name and N.C.
Regional or Branch Office Address
Hartford, Connecticut
POWER OF ATTORNEY
Know all men by these Presents, That HARTFORD FIRE INSURANCE
COMPANY, a corporation duly organized under the laws of the State of Connecticut, and
having its principal office in the City of Hartford, County of Hartford, State of Connecticut,
does hereby make, constitute and appoint
Thomas D. Rutherfoord, Jr., George B. Wilson. lli
Frank C. Roddey, Jr., Patricia L. Lewis
of
Alexandra, Virginia
its true and lawful Attorney(s)-in-Fact, with full power and authority to each of said
Attorney(s)-in-Fact, in their separate capacity if more than one is named above, to sign,
execute and acknowledge any and all bonds and undertakings and other writings obligatory in
the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of
persons holding. places of public or private trust; guaranteeing the performance of contracts
other than insurance policies; guaranteeing the performance of insurance contracts where
surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds
and undertakings required or permitted in all actions or proceedings or by law allowed, and to
bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if
such bonds and undertakings and other writings obligatory in the nature thereof were signed
by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and
attested by one other of such Officers, and hereby ratifies and confirms all that its said
Attorney(s)-in-Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of the By-Laws of HARTFORD FIRE
INSURANCE COMPANY, ("the Company°) as amended by the Board of Directors at a
meeting duly called and held on May 13, 1999, as follows:
ARTICLE IV
SECTION 8. The President or any Vice-President or Assistant Vice President acting
with any Secretary or Assistant Secretary, shall have power and authority to appoint, for
purposes only of executing and attesting bonds and undertakings and other writings
obligatory in the nature thereof, one or more resident Vice President, resident Assistant
Secretaries and Attorneys-in-Fact and at any time to remove any such resident Vice-
President, Resident Assistant Secretary, or Attorney-in-Fact, and revoke the power and
authority given to him.
SECTION 11. Attorneys-in-Fact shall have power and authority, subject to the terms
and limitations of the power of attorney issued to them, to execute and deliver on behalf of
the Company and to attach the seal of the Company thereto any and all bonds and
undertakings, and other writings obligatory in the nature thereof, and any such instrument
executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by
an Executive Officer and sealed and attested by one other of such Officers.
Resnived, that the signatures of gvch Officers and the seal of the Company TI-lay be
affixed to any such power of attorney or to any certificate relating thereto by facsimile, and
any such power of attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified
by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the
future with respect to any bond or undertaking to which it is attached.
Form S-3507-8 VA (HF) Printed in U.S.A.
v..
In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these
presents to be signed by its Assistant Vice-President, and its corporate seal to be hereto
affixed, duly attested by its Assistant Secretary, this 14th day of May, 1999.
Attest: HARTFORD FIRE INSURANCE COMPANY
ofwe
?oP
;SEAL
Paul A. Bergenholtz, Assistant Secretary Rober L. Post, Assistant Vice President
STATE OF CONNECTICUT
55.
COUNTY OF HARTFORD ) . I
On this 14th day of May, A.D. 1999, before me personally came Robert L. Post, to me
known, who being by me duty sworn, did depose and say: that he resides in the County of
Hartford, State of Connecticut; that he is the Assistant Vice-President of HARTFORD FIRE
INSURANCE COMPANY, the corporation described in and which executed the above
instrument; that he knows the seal of the said corporation; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by order of the Board of Directors of
said corporation and that he signed his name thereto by like order.
STATE OF CONNECTICUT
SS.
COUNTY OF HARTFORD '"V PAk
CERTIFICATE M. Comum Eayep L o. b, mo.
1, the undersigned, Assistant Vice President of HARTFORD FIRE INSURANCE
COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and
attached POWER OF ATTORNEY remains in full force and has not been revoked; and
furthermore, that Article Article IV, Sections 8 and 11 of the By-Laws of HARTFORD FIRE
INSURANCE COMPANY, set forth in the Power of Attorney, are now in force.
Signed and sealed at the City of Hartford. Dated the 29th day of March 2001.
OP
o`wE
SEAL .m
0
'?°OinFON
J. Dennis Lane, Assistant Vice Piesident

t
Form OC-13
SECTION 387 FORM OF PERFORMANCE BOND
Date of Contract : March 15, 2002
Date of Execution: March 15, 2002 ? .... -- -
Name of Principal : American Wetlands & Natural Resources Exchange. Corporation
(Contractor)
?..
Name of Surety: Hartford Fire Insurance C,p?pgank_._. --
Aiame of Contracting SodY: North Carolina Department of TransnoEt""n
AtgOLt[iL of Bond' one Million One Hundred and fourty-four thousand dollars ,M,04
Project : Supplement...#.j o the jiarding Site --
KNOW ALL MEN BY THESE PRESENTS, than we. the principal and surety above awned,
are held and firmly bound uato the above named contracting body,1weinaftcr called the contracting
body, in the penal sum of the amount stated above for tlt>r payment of which sum well and truly to be
-.Ae . band, ourselves, our heirs, executors, administrator, and successom jointly and severally.
flaniy by these Pleseots.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered
info a certain contract with the contracting body, identified as shown above and hereto artic?-
NOW, 'fIiEREFtNtE, if the primcipal rW Well and truly perform anal f lffil all the
undettakmgs, coven Rts, terms, aond ko and apvetztcm of said contract during the oth*W term of
cxtertsions thereof that may be granted by t1w contracting body, with or without
Saul contract and dusty - the life of any p ?y requircd under the canuact, and shall also
wen and the rfb rm and dM all the undem*ingscov?s• tt:r m. condkions and aremaimts of
a and truly pe horiaed modifications of said contract that tray hereafter be made, notice of which
and a0' duly
n&fifk*iotis to the surety ? be' Eby waived, tben, this ob%ation to be void; otherwise to reank
in lull force and virtue.
IN wiTNESS WHEREOF. the above-bounden path have executed this instrument
their s "nd seals on the date indicated above, the name and corporate scat of each corporare
being bmto affixed and these presents duly signed by its undersigtcd rWc-scraanve, pursu
authority of its governing body.
Executed in
2
counterparts
Witness . ' American Wetlands & Natural Resources Exchange Cor oratti
' v{ Contractor: (Trade or Corporate
Name)
r ;
i44T.tfE?f'S P BY : f '?--- -? •
(Proprietors zp or Partnership)
?i9?TME?4.
Attest: (Corporation) Title: Z%-=.,.o T -
(owner, Partner, or Cc
Pres. or Vice Pres. only
BY:
C..?/. `J F?•?cr
Title:
(Corp. Sec. or Asst. Sec.
only)
Witness:
Countersigned:
a Garruto
(N. C. L o asR utherfoordt Agent) Inc.
6230 Fairview Road, Suite 300
Charlotte, NC 28213
Name an?i Tess-Surety Agency
Hartford Fire Insurance Company
8711 University East Dr.
Charlotte, NC 28213
Surety company Name an N.C.
Regional or Branch office Address
(Corporate Seal)
Hartford Fire Insurance Company
(surety Company)
By :
Title: Frank C. Roddey, Jr.
Attorney in Fact
(Surety Corporate Seal)
HARTFORD FIRE INSURANCE COMPANY
Hartford, Connecticut
POWER OF ATTORNEY
Know all men by these Presents, That HARTFORD FIRE INSURANCE
COMPANY, a corporation duly organized under the laws of the State of Connecticut, and
having its principal office in the City of Hartford, County of Hartford. State of Connecticut,
does hereby make, constitute and appoint
Thomas D. Rutherfoord, Jr., George B. Wilson, 111
Frank C. Roddey, Jr., Patricia L. Lewis
of
Alexandra, Virginia
its true and lawful Attomey(s)-in-Fact, with full power and authority to each of said
Attomey(s)-in-Fact, in their separate capacity if more than one is named above, to sign,
execute and acknowledge any and all bonds and undertakings and other writings obligatory in
the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of
persons holding places of public or private trust; guaranteeing the performance of contracts
other than insurance policies; guaranteeing the performance of insurance contracts where
surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds
and undertakings required or permitted in all actions or proceedings or by law allowed, and to
bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if
such bonds and undertakings and other writings obligatory in the nature thereof were signed
by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and
attested by one other of such Officers, and hereby ratifies and confirms all that its said
Attomey(s)-in-Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of the By-Laws of HARTFORD FIRE
INSURANCE COMPANY, ("the Company") as amended by the Board of Directors at a
meeting duly called and held on May 13, 1999, as follows:
ARTICLE IV
SECTION 8. The President or any Vice-President or Assistant Vice President acting
with any Secretary or Assistant Secretary, shall have power and authority to appoint, for
purposes only of executing and attesting bonds and undertakings and other writings
obligatory in the nature thereof, one or more resident Vice President, resident Assistant
Secretaries and Attorneys-in-Fact and at any time to remove any such resident Vice-
President, Resident Assistant Secretary, or Attorney-in-Fact, and revoke the power and
authority given to hire.
SECTION 11. Attomeys-in-Fact shall have power and authority, subject to the terms
and limitations of the power of attorney issued to them, to execute and deliver on behalf of
the Company and to attach the seal of the Company thereto any and all bonds and
undertakings, and other writings obligatory in the nature thereof, and any such instrument
executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by
an Executive Officer and sealed and attested by one other of such Officers.
Resolved, that the signatures of such Officers and the seal of the Company may be
affixed to any such power of attorney or to any certificate relating thereto by facsimile, and
any such power of attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company and any such power, so-executed and certified
by facsimile signatures and facsimile seal shalt be valid and binding upon the Company in the
future with respect to any bond or undertaking to which it is attached.
In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these
presents to be signed by its Assistant Vice-President, and its corporate seal to be hereto
affixed, duly attested by its Assistant Secretary, this 14th day of May, 1999
Attest: HARTFORD FIRE INSURANCE COMPANY
FqE
SEAL. ,..
o..noa
Paul A. Bergenholtz, Assistant Secretary Rober L. Post, Assistant Vice President
STATE OF CONNECTICUT
Ss.
COUNTY OF HARTFORD
On this 14th day of May, A.D. 1999, before me personally came Robert L. Post, to me
known, who being by me duly sworn, did depose and say: that he resides in the County of
Hartford, State of Connecticut; that he is the Assistant Vice-President of HARTFORD FIRE
INSURANCE COMPANY, the corporation described in and which executed the above
instrument; that he knows the seal of the said corporation; that the seat affixed to the said
instrument is such corporate seal; that it was so affixed by order of the Board of Directors of
said corporation and that he signed his name thereto by like order.
0.. w.+
STATE OF CONNECTICUT 9 1??
SS. AVILA
Vwr. r.ol,c
COUNTY OF HARTFORD
CERTIFICATE
I, the undersigned, Assistant Vice President of HARTFORD FIRE INSURANCE
COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and
attached POWER OF ATTORNEY remains in full force and has not been revoked; and
furthermore, that Article Article IV, Sections 8 and 11 of the By-Laws of HARTFORD FIRE
INSURANCE COMPANY, set forth in the Power of Attorney, are now in force.
Signed and sealed at the City of Hartford. Dated the
SEAL
ato
day of 2002-
a?
/J, 'G.?
J. Dennis Lane, Assistant Vice President

Form OC-1 0
SECTION 308 FORM OF PAYMENT BOND
Date of Contract : March 15, 2002 ? - -

pate
of
Execution :
March
35, --
2002
Name of Principal : American Wetlands & Natural Resource ,Exc (tan a Cor oration
(Contractor)
Hartford Fire Insurance Company
Name of Surety: -
Name of contracting Body: North Carolina Department of 'Tans ortatio?,
-
Amount of Bond: Three Hundred and Ninety-thousand arti ' 's`? JU. )00.00)
Project: Supplement #1 of the Harding Site construction _
BY THESE PRESENTS, that we, the principal and surety above named
KNOW ALL MEN herenssflcr eat>cd the careractinl
to bi
arc held and fmnty bound unto the above named contracting ?i t•of which sum well a he
body, in the penal SUM of the amount stated above for the payme
nude, we bind ourseh+es, our heirs. executors, administrators, and successors, job* and sevetaIIY
fly by thegC Pmts-
THE CONDITION OF THIS OBLIGATION IS SUCH, that shown abDVC anted hcrctohed?et+et
into a certain contrect ?wrth the contract g body Mod as
NOW, THEREFOR44if the 004W shall p )y make, sy"M to an PCMo? lYM!
n of the work provided fdr in =_ contract. and any and ai! duh
t t may bereafter be made, notice of which modification
in contract tha
authorized the surety mod being hereby waived. then this obligation to be void; otherwise to remain in full fora
to
and Virtm•
IN WITNESS W OF• the above-bounden patties Inve executed this inetrumcS mule
t and corporate seal of each corporate paM
their severe( seals on the date indicated doly s1pied by its undetstwd representative. p u
being hereto a?ccd and these ptescn>s
authority of its governing body.
2 co=tCq*"S
Executed in
/ & Natural Resource Exchan a Cor oration
ratg
witness: ;O/ ` L Z''American Wetlands
_ Contraidzor: (Trade or Corpo
Name)
(p oprietorsh p or partners vi-
Attest: (Corporation)
?- . ?.Jd?
i
r? Title; -'per, partner, or Corp.
pres. or. Slice Pres. only)
Title:
(Corp. Sec. or ASAt.
See. only)
(Corporate Seal)
Witness:
ti
Countersigned;
Ra Garruto ent}
(N. C . L certsed Res dent Ag
Thomas Rutherfoord, Inc.
6230 Fairview Road, Suite 300
Charlotte, NC 28213
Natpe an ess-Surety Agency
Hartford Fire Insurance company
8711 University East Dr.
Charlotte, NC 28213
Surety Company same and N.C.
Regional or Branch office Address
Hartford Fire Insurance Company
(Surety Company)
?.
Hy :
Title: Frank C. Rod ey, Jr.
(Attorney in Fact)
(Surety Corporate Seal)
HARTFORD FIRE INSURANCE COMPANY
Hartford, Connecticut
POWER OF ATTORNEY
Know all men by these Presents, That HARTFORD FINE INSURANCE
COMPANY, a corporation duly organized under the laws of the State of Connecticut, and
having its principal office in the City of Hartford, County of Hartford. State of Connecticut,
does hereby make, constitute and appoint
Thomas D. Rutherfoord, Jr., George B. Wilson, 111
Frank C. Roddey, Jr., Patricia L. Lewis
of
Alexandra, Virginia
its true and lawful Attomey(s)-in-Fact, with full power and authority to each of said
Attomey(s)-in-Fact, in their separate capacity if more than one is named above, to sign,
execute and acknowledge any and all bonds and undertakings and other writings obligatory in
the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of
persons holding places of public or private trust; guaranteeing the performance of contracts
other than insurance policies; guaranteeing the performance of insurance contracts where
surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds
and undertakings required or permitted in all actions or proceedings or by law allowed, and to
bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if
such bonds and undertakings and other writings obligatory in the nature thereof were signed
by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and
attested by one other of such Officers, and hereby ratifies and confirms all that its said
Attomey(s)-in-Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of the By-Laws of HARTFORD FIRE
INSURANCE COMPANY, ("the Company") as amended by the Board at Directors at a
meeting duly called and held on May 13, 1999, as follows:
ARTICLE IV
SECTION 8. The President or any Vice-President or Assistant Vice President acting
with any Secretary or Assistant Secretary, shall have power and authority to appoint, for
purposes only of executing and attesting bonds and undertakings and other writings
obligatory in the nature thereof, one or more resident Vice President, resident Assistant
Secretaries and Attorneys-in-Fact and at any time to remove any such resident Vice-
President, Resident Assistant Secretary, or Attorney-in-Fact, and revoke the power and
authority given to him.
SECTION 11. Attomeys-in-Fact shall have power and authority, subject to the terms
and limitations of the power of attorney issued to them, to execute and deliver on behalf of
the Company and to attach the seal of the Company thereto any and all bonds and
undertakings, and other writings obligatory in the nature thereof, and any such instrument
executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by
an Executive Officer and sealed and attested by one other of such Officers.
Resolved, that the signatures of such Officers and the seal of the Company may be
affixed to any such power of attorney or to any certificate relating thereto by facsimile, and
any such power of attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company and any such power, so-executed and certified
by facsimile signatures and facsimile seal shalt be valid and binding upon the, Company in the
future with respect to any bond or undertaking to which it is attached.
In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these
presents to be signed by its Assistant Vice-President, and its corporate seal to be hereto
affixed, duly attested by its Assistant Secretary, this 14th day of May, 1999
Attest: HARTFORD FIRE INSURANCE COMPANY
'Poe
O
SEAL:
* o WP
e
a,.rtc?
Paul A. Bergenholtz, Assistant Secretary Rober L. Post. Assistant Vice President
STATE OF CONNECTICUT
SS.
COUNTY OF HARTFORD
On this 14th day of May, A.D. 1999, before me personally came Robert L. Post, to me
known, who being by me duly sworn, did depose and say. that he resides in the County of
Hartford, State of Connecticut; that he is the Assistant Vice-President of HARTFORD FIRE
INSURANCE COMPANY, the corporation described in and which executed the above
instrument; that he knows the seal of the said corporation; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by order of the Board of Directors of
said corporation and that he signed his name thereto by like order.
STATE OF CONNECTICUT
SS.
COUNTY OF HARTFORD IeN'1 P.M.
VOYf. Hl?CERTIR E NTE !p C_.anL,p .luny 10. 20.
1, the undersigned, Assistant Vice President of HARTFORD FIRE INSURANCE
COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and
attached POWER OF ATTORNEY remains in full force and has not been revoked; and
furthermore, that Article Article IV, Sections 8 and 11 of the By-Laws of HARTFORD FIRE
INSURANCE COMPANY. set forth in the Power of Attorney, are now in force.
Signed and sealed at the City of Hartford. Dated the
SEAL
ls*-dayof 2002-
J, Dennis Lane. Assistant Vice President

Deep Creek Wetlands Mitigation Bank
Appendix G: Form of Preservation Mechanism
The sponsor currently holds a perpetual easement on the property. A copy of the
Easement is attached. In addition, the property is secured for the purposes of creating
wetland habitat through a Promissory Note and an executed first lien Deed of Trust held
by the North Carolina Department of Transportation (NCDOT) for the purposes of
insuring that such property is used for a Wetlands Bank to provide wetlands mitigation for
NCDOT needs. The permanent easement on the property will be conveyed to the
Piedmont Land Conservancy as soon as a title opinion is prepared and the easement is
recorded. The sponsor will retain the responsibility for the five-year monitoring and
maintenance period, or until success criteria standards have been met.
On March 12, 2002, the Board of Directors of the Piedmont Land Conservancy approved
acceptance of a permanent easement on the property. A copy of the letter, dated March
15, 2002 accepting the easement is attached.
A copy of the draft easement currently being used in negotiations between the Sponsor and
Piedmont Land Conservancy is attached. The Sponsor's legal counsel and the Corps'
Office of General Counsel developed this draft easement.
EASEMENT AGREEMENT ("AGREEMENT")
BETWEEN
BENJAMIN H. HARDING, JR. AND WIFE BEIRNE M. HARDING
AND ANN H. HOLLAND AND HUSBAND DENNIS HOLLAND
AND
AMERICAN WETLANDS AND NATURAL RESOURCES EXCIIANGE
CORPORATION
FOR
CREATION, OPERATION, MONITORING AND MAINTENANCE OF
WETLANDS HABITAT
This Agreement is made the 1st day of June 2001, by and between Benjamin 11.
Harding, Jr. and wife, Beirne M. Harding and Ann H. Holland and husband, Dennis Holland
("Grantors"), and American Wetlands and Natural Resources Exchange Corporation, a
Colorado corporation ("American Wetlands").
WHEREAS, American Wetlands wishes to construct, operate, monitor and maintain in
accordance with plans to be developed and approved by the U.S. Army Corps of Engineers
("the Corps")70.745 acres of wetlands habitat on Grantors' real property located in Forbush
Township, Yadkin County, North Carolina (the "Wetlands Project").
WHEREAS, American Wetlands wishes to operate the -Wetlands Project as a "wetlands
bank", or similar entity in order to create and sell credits to persons who must satisfy
requirements of Section 404 permits issued by the Corps to mitigate impacts resulting from
construction and similar activities that disturb jurisdictional wetlands in the vicinity of the
Wetlands Project, and
WHEREAS, Grantors are prepared to grant to American Wetlands, on terms and
conditions set forth herein, a perpetual easement in the said property where no such easements
currently exist, and to ensure that any existing easements are not in conflict and would permit
American Wetlands to have non-exclusive access to and from, construct, operate; monitor and
maintain the Wetlands Project, in total in accordance with the Corps-approved deiign plan.
NOW, THEREFORE, it is agreed as follows:
1. For the consideration described in the Option Agreement, dated February 7, 2000,
between the parties and other good and valuable consideration, Grantors, for themselves, and
their heirs, successors, and assigns, hereby grant and convey to American Wetlands a
perpetual non-exclusive easement on and across those portions of Grantors' property described
on Exhibit "A" attached hereto and incorporated herein by reference and consisi.ing of 70.745
acres ("the Wetlands Easement Acreage"); to have non-exclusive access over that easement
r
1
described in paragraph 6 herein, to and from, and to construct, operate, monitor, and maintain
wetlands habitat and the "Wetlands Project".
2. Grantors expressly warrant and represent that they are the exclusive fee simple
owners of the Wetlands Easement Acreage, and that the Wetlands Easement Acreage is free
from any and all encumbrances, claims, demands, mortgages, liens, and liabilities, excepting
those of record as of the date of execution of this Agreement. Grantors further warrant and
represent that they will assign any riparian water rights they might hold, and will not take any
action to divert or to put to other uses water necessary for the non-exclusive access to and
from, or the construction, operation, monitoring, and maintenance of the Wetlands Project.
3. American Wetlands shall be entitled to improve, excavate, fill, ditch, tunnel, plant,
revegetate, or otherwise alter the Wetlands Easement Acreage, as may be necessary, for the
creation, operation, and maintenance of the Wetlands Project thereon, as long as the same is
done in accordance with the Corps-approved design plan and in compliance with all applicable
statutes, ordinances, case law, and regulations. Grantors will permit American Wetlands to
construct over that easement described in Paragraph 6 herein non-exclusive access to or upon
to Wetlands Easement Acreage as may be necessary to create the Wetlands Project, and from
time to time as may be necessary to operate, monitor, and maintain the Wetlands Project.
The cost of the construction of this access shall be the sole responsibility of American
Wetlands. This access shall allow American Wetlands permanent non-exclusive access for
ingress, egress and regress from Dinkins Bottom Road to the Wetlands Easement Acreage over
that easement described in Paragraph 6 herein.
4. American Wetlands and its contractors and subcontractors shall conduct all of their
activities in connection with construction of the Wetlands Project so as to minimize to the
extent practicable, disturbance to Grantors' property and ecosystem thereon. Notwithstanding
anything to the contrary herein, American Wetlands shall not construct any buildings,
structures or roadg on the Wetlands Easement Acreage or elsewhere on Grantors' property,
except the three (3) monitoring sites, without the prior written consent of Grantors. The
location of all buildings, structures or roads shall be agreed upon between the parties and shall
be specified by the parties in writing. American Wetlands shall ensure that all of Grantors'
property not utilized for the Wetlands Project, including without limitation, all approaches to
the Wetlands Easement Acreage, are restored, or otherwise left in a manner satisfactory to
Grantors, following construction of the Wetlands Project.
5. American Wetlands shall have no right to and shall not use any portion of the
Wetlands Easement Acreage for any purpose other than creation, operation, monitoring, and
maintenance of wetlands habitat thereon.
6. Grantors shall provide non-exclusive access for American Wetlands and its
contractors and subcontractors to or across Grantors' property as may be necessary for
construction, operation, monitoring and maintenance of the Wetlands Project. The location
and condition of this access shall be as is described in the Right-of-Way Easement Agreement
as is set forth in Record Book 521, Page 441, Yadkin County Registry and Grantors convey to
2
Grantee, its successors and assigns, the non-exclusive utility easement and the nun-exclusive
right-of-way easement of ingress, egress and regress (including the 10 foot temporary
construction easement) described in Record Book 521, Page 441. Access and monitoring shall
include the installation, operation, and maintenance of up to three (3) water monitoring sites
each of approximately three feet by three feet in size (3' x 3') in the adjacent hardwood
bottom, and access by foot to take necessary occasional measurements. The precise location
of the monitoring sites will be agreed upon between the parties.
7. American Wetlands agrees to construct a farm road across the Wetlands Acreage to
replace the existing farm road across the Wetland Acreage. The farm road to he constructed by
American Wetlands shall:
a. run over and across that way 20 feet in width shown as "Proposed 20-ft. R/W
Easement" over and within that 70.745 acre tract, more or less, on that plat of
survey entitled "Plat of Survey for Proposed Conservation Easement for
Benjamin H. Harding, Jr. and Ann H. Holland recorded in Plat Book 8, Page
448 Yadkin County Registry, to which reference is made for a more complete
description;
b. be constructed to the same standards and width as the existing farm road;
c. provide either culverts or bridges, at the option of American Wetlands, to
cross any ditches or streams over which the road runs.
American Wetlands shall complete the construction of said road and culverts and
bridges no later than the date upon which the existing farm road across the Wetlands Acreage
becomes unuseable as the result of the construction of the wetlands.
Upon the completion of the construction of the farm road and bridges or culverts,
American Wetlands shall have no obligation for any maintenance of either the farm road, the
bridges or the culverts.
8. Grantors shall reasonably cooperate with American Wetlands and its contractors and
subcontractors in the construction, operation, monitoring, and maintenance of the Wetlands
Project. Grantors reserve the right to enter upon and use the Wetlands Easement Acreage,
insofar as not inconsistent with American Wetlands' use thereof for the Wetlands Project, and
consistent with the Corps-approved activities on such Wetland Projects.
9. American Wetlands shall require each of its contractors and subcontractors to
indemnify and hold harmless Grantors, and any and all persons or other entities related to or
affiliated in any way with Grantors, from and against any and all claims, demands, losses,
expenses, and liabilities whatsoever, arising in whole or in part from the presence or actions of
said contractor or subcontractor on Grantors' property; provided, however that American
Wetlands shall have no obligation to indemnify Grantors or any other person with respect to
3
any claim, demand, loss, expense, or liability resulting in whole or in part from reckless or
intentionally wrongful acts or omissions by Grantors or anyone acting on Grantors' behalf.
10. American Wetlands shall carry and retain in force, liability insurance in the amount
of not less than $1.0 million, covering claims, demands, or liabilities asserted in any way with
Grantors, resulting from or related to construction, operation, monitoring, or maintenance of
the Wetlands Project. American Wetlands shall maintain all workman's compensation
insurance as required by law, and shall cause its contractors and subcontractors to do the same.
11. American Wetlands may assign all or any part of its rights or obligations under this
Agreement.
GRANTEES
AMERICAN WETLANDS AND NATURAL
RESOURCES EXCHANGE CORPORATION
BY: 0.
Title ,??,a6VT
GRANTORS
(SEAL)
Harding, Jr.
I
( 111-1 (/ (SEAL)
eirne M. Harding
P A Ak.. 401A (SEAL)
Ann H. Holland
ez A&,wui (SEAL)
Dennis Holland
4
STATE OF NORTH CAROLINA
COUNTY OF YADKIN
On this l !A day of _ M..t._ , 2001, personally appeared
before me, the undersigned officer, a Notary Public in and for said County and State, J.
LAMAR BEASLEY, who acknowledged himselflberseif'to be the Presideni of American
Wetlands & Natural Resources Exchange Corporation, a Colorado corporation, and that lie/444-
as such officer, being authorized to do so, executed the foregoing instrument 1701• the purposes
therein contained by signing the name of the corporation by himself/herself as President
thereof.
In Witness Whereof, I hereunto set my hand and official seal.
tni'tt, WL-vLa Q,_
Notary Public
My Commission Expires: 4,1 '2j

XJJ
+t
w?
5
STATE OF NORTH CAROLINA
COUNTY OF YADKIN
1,i,v,?Qra,;??y a Notary Public of _ County,
do hereby certify that BENJAMIN H. HARDING, JR,
BEIRNE M. HARDING, ANN H. HOLLAND and DENNIS HOLLAND all appeared
before me this day and acknowledged the execution of the foregoing instrument.
2001. WITNESS MY HAND and official seal, this the 1'-day of
?_.
My Commission Expires: "-' 13 - 0
NORTH CAROLINA
YADKIN COUNTY
w?
L"s
'"
The foregoing certificate of is certified to be
correct. This instrument and this certificate are duly registered at the time and date and in the
book and page shown on the first page hereof.
Mary J. Madison, Register of Deeds
of Yadkin County, North Carolina
by:
otary Public
6
Assistant/ Deputy
EXHIBIT "A"
TO
EASEMENT AGREEMENT BETWEEN BENJAMIN H. HARDING, JR. AND WIFE
BEIRNE M. HARDING AND ANN H. HOLLAND AND HUSBAND DENNIS
HOLLAND AND AMERICAN WETLANDS AND NATURAL RESOURCES
EXCHANGE CORPORATION FOR CREATION, OPERATION, MONITORING AND
MAINTENANCE OF WETLANDS HABITAT
(A-20297E; 5845 00 86 8693) BEING a perpetual right and easement for the construction,
operation, monitoring, and maintenance of wetlands by the American Wetlands and Natural
Resources Exchange Corporation, Grantee herein, or by its agents, successors and assigns,
said wetlands easement to encumber the lands of described below:
BEING LOCATED in Forbush Township, Yadkin County, North Carolina, and
being that tract of real property containing 70.745 acres, more or less, shown as
"70.745 AC. ±" on that plat of survey entitled "Plat of Survey for Proposed
Conservation Easement for Benjamin H. Harding, Jr. and Ann H. Holland
recorded in Plat Book 8, Page 448 Yadkin County Registry, to which reference
is made for a more complete description.
TOGETHER WITH the following:
(1) a non-exclusive utility easement and a non-exclusive right of
way easement of ingress, egress and regress twenty (20) feet in
width to be appurtenant to and to run with that tract of real
property containing 70.745 acres, more or less, shown as
"70.745 AC. ±" on that plat of survey entitled "Plat of Survey
for Proposed Conservation Easement for Benjamin H. Harding,
Jr. and Ann H. Holland recorded in Plat Book 8, Page 448
Yadkin County Registry, to which reference is made for a more
complete description, said easement being more particularly
described as follows:
(A-20296 RW over A-20184;5855 00 08 4202) Being that non-
exclusive utility easement and that non-exclusive right of way
easement of ingress, egress and regress over and across that way
20 feet in width shown as "Proposed 20-ft. R/W" on that plat of
survey entitled "Plat of Survey for Benjamin H. Harding, Jr. Ann
H. Holland" as recorded in Plat Book 8 at page 429 of the
Yadkin County Registry, which plat is incorporated herein by
reference.
(2) a temporary construction easement ten (10) feet in width said
easement being more particularly described as follows:
(A-20296 TCE over A-20184;5855 00 08 4202) Being that
temporary construction easement shown as "Proposed 10-ft.
Temporary Construction Easement" on that plat of survey entitled
"Plat of Survey for Benjamin H. Harding, Jr. Ann H. Holland"
as recorded in Plat Book 8 at page 429 of the Yadkin County
Registry, which plat is incorporated herein by reference. This
temporary construction easement shall terminate upon the
completion of the construction of a wetlands habitat on 70.745
acres of Grantors' real property described above (the "Wetlands
Project") or two (2) years from the date of this Agreement,
whichever shall first occur.
SUBJECT TO AND RESERVING HOWEVER a non-exclusive
utility easement and a non-exclusive right of way easement of
ingress, egress and regress to be appurtenant to and to run with
that tract described in that deed from the United States of
America to B. H. Harding and wife Blanche B. Harding recorded
in Book 79, at Page 182 Yadkin County Registry, to which
reference is made for a more complete description (save and
except that tract described in deed recorded in Book 497, Page
206 Yadkin County Registry to which reference is made for a
more complete description) and to be appurtenant to and to run
with that tract described in that deed from the United States of
America to William R. Harding and wife Marian N. Harding
recorded in Book 79, at Page 212 Yadkin County Registry, to
which reference is made for a more complete description (save
and except those tracts described in deeds recorded in Book 78,
Page 322 and Book 270, Page 654 Yadkin County Registry to
which reference is made for a more complete description) over
and across that way 20 feet in width, described as follows:
(A-20297 RW over; 5845 00 86 8693)
Being that non-exclusive utility easement and that non-exclusive right of
way easement of ingress, egress and regress over and across that way 20
feet in width shown as "Proposed 20-ft. RIW Easement" over and y
within that 70.745 acre tract, more or less, on that plat of survey
entitled "Plat of Survey for Proposed Conservation Easement for
Benjamin H. Harding, Jr. and Ann H. Holland recorded in Plat Book 8.,
Page 448 Yadkin County Registry, to which reference is made for a
more complete description,
M:\BHH\WETLANDS\Abstract\A-20297
03/2U/02 , I.VLO 1/:UZ 1'Aa UUIUU44 t'Ll.
Lamar Beasley
American Wetlands
9625 Surveyor Court, Suite 330
Manassas, VA 20110
March 15, 2002
Dear Lamar:
W_-J U U 4
PIEDMONT
CONSERVANCY
I am pleased to report to you, that at the March 12, 2002 Board of Directors meeting of
the Piedmont Land Conservancy (PLC), the following actions were taken regarding the
two proposed projects submitted by American Wetlands for consideration: (1) The Board
approved accepting an easement on the 100-acre Ring Tract located along the Fisher
River in Surry County with the understanding that it is the intent of American Wetlands
to donate this parcel in fee-simple to the Conservancy at the end of the designated
monitoring period, when the mitigation project has been deemed a success by the Army
Corps of Engineers; and (2) the Board of Directors approved accepting an easement on
the 70.745-acre Harding Tract located along Deep Creek, a tributary of the Yadkin River,
in Yadkin County. The approval of these two projects was contingent upon the following
conditions:
1) American Wetlands would provide a list of references to the Piedmont Land
Conservancy which cite previous projects completed by the organization and our
check of these references is satisfactory;
2) American Wetlands will agree in writing to donate the Ring Tract to PLC and
make contribution to the Stewardship Endowment Fund to provide
support for the long-term monitoring and management responsibilities the
Conservancy incurs by accepting these two projects; and
3) American Wetlands will cover any remaining transactional costs associated with
project.
We are excited to have this opportunity to work with American Wetlands on these
projects. Please call us at your convenience to discuss any questions that you may have
regarding the above contingencies and the next steps in the process.
Sincerely.
/9(? S
Palmer Smith McIntyre
Executive Director
Po. BOX 4025 • GREEMS MO, NORTH GAROUNA 27404-4025 0 336 6910088 0 FAX [phone] • V.,ov.piedmonttand.org
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this __ day of
,200_ by and between AMERICAN WETLANDS & NATURAL RESOURCE. EXCHANGE
CORPORATION, ("Grantor") and the PIEDMONT LAND CONSERVANCY ("Grantee").
The designation Grantor and Grantee as used herein shall include said parties, their successors
and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Surry
County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein
("Pro
WHEREAS. Grantee is a nonprofit corporation or trust whose purpose is the conservation of
property, and is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121-
35;
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value
of the Property, which includes the following natural communities: Palustrine Forested Wetlands
consisting of a bottomland hardwood forest, associated buffers and uplands through succession from an
agriculture community (former agriculture fields) to a Mesic Mixed Hardwood Forest. The purpose of
this Conservation Easement is to (i) maintain wetland and/or riparian resources and other natural values
of the Property aver the creation and restoration of the wetlands by Grantor, and (ii) prevent the use or
development of the Property for any purpose or in any manner that would conflict with the maintenance
of the Property in its natural condition after Grantor has created and restored the wetland and/or riparian
resources of the Property.
WHEREAS, the preservation of the Property is required by the Mitigation Banking Instrument
for the Fisher River Wetlands Mitigation Bank. The Mitigation Bank is intended to be used to
compensate for unavoidable stream and/or wetland impacts authorized by permits issued by the
Department of the Army and 401 Water Quality Certifications issued by the North Carolina Division of
Water Quality. Grantor and Grantee agree that third-party rights of enforcement shall be held by the LI.S.
Army Corps of Engineers, Wilmington District (collectively, the "Third-Party", to include any successor
agencies), and that these rights are in addition to, and do not limit, the rights of the parties to the
Mitigation Banking Instrument.
NOW, THEREFORE, for and in consideration of the covenants and representations contained
herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby
acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its
successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and
to the extent hereinafter set forth, over the Property described on Exhibit A, together with the right to
preserve and protect the conservation values thereof, as follows:
ARTICLE 1.
582334-6
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is an easement in
gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's successors and assigns,
lessees, agents and licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purpose of this Conservation
Easement is prohibited. Once Grantor has created and restored the wetland and/or riparian resources of
the Property, then the Property shall be preserved in its natural condition and restricted from any
development that would impair or interfere with the conservation values of the Property.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the
natural features of the Property or any introduction of non-native plants and/or animal species is
prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home,
asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit,
line pier landing, dock or any other temporary or permanent structure or facility on or above the Property.
C. Industrial, Commercial and Residential Use. Industrial and/or commercial activities,
including any right of passage used in conjunction with commercial or industrial activity, are prohibited
on the Property. Residential use of the Property is prohibited.
D. Agricultural Grazing and Horticultural Use. Agricultural, grazing, and horticultural use
of the Property is prohibited.
E. Ve e tation. There shall be no removal, burning, destruction, harming, cutting or mowing
of trees, shrubs, or other vegetation on the Property.
F. Siaaae. No signs shall be permitted on or over the Property, except the posting of no
trespassing signs, signs identifying the conservation values of the Property, signs giving directions or
proscribing rules and regulations for the use of the Property and/or signs identifying the Grantor as owner
of the Property and Grantee as the holder of Conservation Easement on the Property.
G. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any
placement of underground or aboveground storage tanks or other materials on the Property is prohibited.
H. Mineral Use Excavation Dredging. There shall be no grading, tilling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials,
582334-G 2
and no change in the topography of the land in any manner on the Property, except to restore natural
topography or drainage patterns.
1. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with
water control structures or devices, or disruption or alteration of the restored, enhanced, or created
drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground
water into, within or out of the easement area by any means, removal of wetlands, polluting or
discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
3. Development Rights. No development rights that have been encumbered or extinguished
by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme
or cluster development arrangement or otherwise.
K. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt-bikes, all-terrain vehicles, cars and trucks is prohibited.
Notwithstanding anything contained herein to the contrary, so long as Grantor is creating,
restoring, maintaining or preserving wetland and/or riparian resources in a manner acceptable to the U.S.
Corps of Engineers as set forth in the Mitigation Banking Instrument approved by the Third-party, the
obligations set forth in this Conservation Easement shall not restrict the actions of the Grantor or its
authorized representatives, successors and assigns.
ARTICLE Ili.
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs, successors or
assigns, the right to continue the use of the Property for all purposes not inconsistent with the Mitigation
Banking instrument and this Conservation Easement, including, but not limited to, the right to quiet
enjoyment of the Property, the rights of ingress and egress, the right to hunt, fish, and hike on the
Property, the right to sell, transfer, gift or otherwise convey the Property, in whole or in part, provided
such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this
Conservation Easement.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and the Third-party, shall
have the right to enter the Property at all reasonable times for the purpose of inspecting said Property to
determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying with
the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee shall also
have the right to enter and go upon the Property for purposes of making scientific or educational
observations and studies, and taking samples. The easement rights granted herein do not include public
access rights.
582334-G 3
Notwithstanding the foregoing, the Grantee shall have no right to interfere with the Grantor's
creation, restoration, maintenance or preservation of wetlands and/or riparian resources pursuant to the
Mitigation Banking Instrument.
ARTICLE V.
ENFORCEMENT AND REMEDIES
A. Upon any breach of the terms of this Conservation Easement by the Grantor, its agents,
successors, or assigns, which comes to the attention of the Grantee, the Grantee or the Third-party may
institute a suit to enjoin such violation and if necessary, to require the restoration of the Property to its
prior condition at the Grantor's expense.
B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the
right to Grantee to enforce the same in the event of a subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to
bring any action against Grantor for any injury or change in the Property resulting from causes beyond the
Grantor's control or as a result of the creation, maintenance or restoration of wetlands and/or riparian
resources, including, without limitation, fire, flood, storm, war, acts of God or third parties, except
Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to life, damage to Property or harm to the
Property resulting from such causes.
ARTICLE VI.
MISCELLANEOUS
A. Title. The Grantor warrants, covenants and represents that Grantor is the sole owner and
is seized of the Property in fee simple and has good right to make, declare and impose the aforesaid
Conservation Easement; the Property is free and clear of any and all encumbrances, except the described
easements leases, restrictions, and rights of way of record set forth in Exhibit B attached hereto, and that
Grantor will warrant and defend title to the same against the claims of all persons claiming through
Grantor.
B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or other legal instrument that transfers any interest in all or a portion of the
Property. The Grantor agrees to provide written notice of such transfer at least thirty (30) days prior to the
date of the transfer. The Grantor and Grantee agree that the terms of this Conservation Easement shall
survive any merger or the fee and easement interests in the Property or any portion thereof and shall not
be amended, modified or terminated without the prior written consent and approval of the Third-party.
C. Assignment. The parties recognize and agree that the benefits of this Conservation
Easement are in gross and assignable; provided, however, that the Grantee hereby covenants and agrees,
that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest
will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq., and the Grantee further covenants and
agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be
5823344) 4
required to continue in perpetuity the conservation purposes described in this document.
D. Entire Agp meet and Severability. This instrument sets forth the entire agreement of the
parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations,
understandings or agreements relating to the Conservation Easement. If any provision is found to be void
or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and
effect.
TO HAVE AND TO HOLD, the said rights and easements perpetually unto Grantee for the
aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year
first above written.
GRANTOR: AMERICAN WETLANDS & NATURAL
RESOURCE EXCHANGE CORPORATION
By:
STATE OF
COUNTY OF
Its:
J, Lamar Beasley
President
1, , a Notary Public for the above State and County, hereby certify that
J. Lamar Beasley personally came before me this day and acknowledged that he is President of
AMERICAN WETLANDS & NATURAL RESOURCE EXCHANGE CORPORATION, a Colorado
corporation, and that he as President, being authorized to do so, executed the foregoing on behalf of the
corporation.
WITNESS my hand and official seal, this the day of , 200 _.
My commission expires:
[Notary Seal]
Notary Public
582334-6 5
GRANTEE: PIEDMONT LAND CONSERVANCY
By:
Name:
Its:
STATE OF _
COUNTY OF
1,
a Notary Public for the above State and County, hereby certify that
personally came before me this day and acknowledged that he is
of the PIEDMONT LAND CONSERVANCY, a
and that he, being authorized to do so, executed the foregoing on behalf of
the
WITNESS my hand and official seal, this the day of , 200__•
My commission expires:
[Notary Seal]
Notary Public
382334-6 6
Deep Creek Mitigation Bank
Appendix H. Subordination of Deed of Trust
STATE OF NORTH CAROLINA
SUBORDINATION OF DEED OF TRUST
COUNTY OF
THIS SUBORDINATION OF DEED OF TRUST (the "Subordination") is made and entered
into this day of , 20_, by FRED LAMAR, Esq. as Trustee under Deed of Trust
from AMERICAN WETLANDS & NATURAL RESOURCES EXCHANGE CORPORATION
("Grantor") recorded June 1, 2001 in Book 526, Page 164, Yadkin County Registry ("NCDOT
Deed of Trust").
For valuable consideration, the receipt of which is hereby acknowledged, Trustee agrees
that from and after the date hereof, the NCDOT Deed of Trust shall be subordinate to the Perpetual
Conservation Easement from Grantor to Piedmont Land Conservancy recorded in Book ,
Page , Yadkin County Registry ('Basement"), such that a foreclosure of the NCDOT Deed of
Trust shall not affect the priority, operation or continued validity of the Easement.
IN WITNESS WHEREOF, Trustee has executed this Subordination under seal for the
purposes set forth above.
TRUSTEE:
STATE OF NORTH CAROLINA
COUNTY OF
Fred Lamar
(SEAL)
I, , a Notary Public for the County and State
aforesaid, certify that Fred Lamar, Trustee personally came before me this day and acknowledged
the execution of the foregoing instrument.
WITNESS my hand and official stamp or seal, this day of , 20_
Notary Public
My Commission Expires:
[NOTARY SEAL]
20
r'

March 30, 2007
Ms Jean Manuele
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of Neuse Road, Suite 120
Raleigh, NC 27615
Re: Deep Creek Mitigation Bank
Yadkin County, North Carolina
Year Four Monitoring Report
USACE Action ID 200121095
Dear. Ms. Manuele:
We have reviewed the Year Four Monitoring Report for the above-referenced site, prepared by Soil &
environmental Consultants, P.A. (S&EC). Our comments are as follows:
Wetland Restoration
On average, the site met the success criteria for vegetative density, but some of the monitoring
plots (D2, D4, D7, D 12) did not meet criteria individually. Overall, the site did not meet success
criteria for vegetative diversity, since nearly 1/2 of surviving stems are American sycamore, . -
Certain plots, such as D11, indicate decreasing diversity as planted species die and are replaced
by less desirable volunteers, such as red maple. In the next monitoring report, please document
vegetation species and counts for all plots during all monitoring years. Provide separate tables
for planted and volunteer vegetation. This will allow for evaluation of the density and diversity
of the developing wetland plant community.
Stream Restoration
W A TF9 Michael F. Easley, Governor
p
Q G Secretar
Ross Jr
Willi
G
\
G} r7 .,
am
.
y
North Carolina Department of Environment and Natural Resources
p .? Alan W. Klimek, P.E. Director
Division of Water Quality
• Based on the graphs, site hydrology appears to be highly variable with some gauges showing
long periods of standing water (D4, D5, D6) and others showing long periods without saturation
(D1, D3 & 3A). In the next monitoring report, please provide data detailing the maximum
number of consecutive days of saturation for all gauges in all monitoring years.
• It is noted that physical stream channel monitoring, as outlined in the approved mitigation plan,
is to be performed every other year, as was not performed this year.
Nor hCarolina
lttF r'911f
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportun4/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Ms. Manuele
U.S. Army Corps of Engineers.
Deep Creek Mitigation Bank - Yr. 4 Monitoring Report
Page 2 of 2
With respect to the biological monitoring, the negative shift in the biotic index values for the site
is disappointing. It is hoped that by curtailing the beaver activities, a shift back to more
intolerant species will occur.
Please feel free to contact Eric Kulz or Tammy Hill at [phone] if you have any questions
regarding this project.
Sincerely,
Cyndi B. Karoly, Program Manager
401 Oversight and Express Review Program
cc: File Copy (Eric Kulz)
Central Files
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands
None Carolina
?tumliff
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper