20160980 Ver 2_BPDP FINAL_w_Appendices_20171206

Bank Parcel Development Plan
Meadow Spring Mitigation Site
Johnston County, North Carolina

Neuse River Basin

HUC 03020201

Prepared By:

November 2017
Bank Sponsor: EBX-Neuse I, LLC,

302 Jefferson Street, Suite 110
Raleigh, NC 27605
919-829-9909
Meadow Spring Parcel Development Package
Buffer/Nutrient Offset Site ii November 2017
Table of Contents
1 INTRODUCTION .............................................................................................................................. 3
1.1 Parcel Location ............................................................................................................................. 3
1.2 Parcel Overview............................................................................................................................ 3
2 PROJECT AREA – EXISTING CONDITIONS ............................................................................. 5
2.1 Physiography ................................................................................................................................ 5
2.2 Soils .............................................................................................................................................. 5
2.3 Existing Vegetation Communities ................................................................................................ 8
2.4 Wetlands ....................................................................................................................................... 8
2.5 Threatened and Endangered Species ............................................................................................ 9
2.6 Environmental and Cultural Constraints .................................................................................... 10
2.7 FEMA Floodplain/Floodway Mapping ...................................................................................... 10
3 RIPARIAN RESTORATION & ENHANCEMENT PLAN ........................................................ 10
3.1 Riparian Restoration and Enhancement Activities & Parcel Preparation .................................. 10
3.2 Planting Plan ............................................................................................................................... 11
3.3 Easement Boundaries and Fencing ............................................................................................. 12
4 MONITORING AND MAINTENANCE PLAN ........................................................................... 12
4.1 Monitoring Protocol and Success Criteria .................................................................................. 12
4.2 Adaptive Management Plan and Parcel Maintenance ................................................................ 12
4.3 Long Term Management Plan .................................................................................................... 13
5 FINANCIAL ASSURANCE ............................................................................................................ 13
6 MITIGATION POTENTIAL .......................................................................................................... 13
7 CREDIT RELEASE SCHEDULE FOR MEADOW SPRING .................................................... 15
8 REFERENCES ................................................................................................................................. 16

APPENDIX
Appendix A– Supporting Figures
Figure 1. Service Area Map
Figure 2. Project Vicinity Map
Figure 3. Existing Conditions
Figure 4. Conceptual Design Plan for Stream Mitigation and Wetland Restoration/Enhancement
Bank Site
Figure 5. Riparian Buffer Conceptual Design and Credit Determination Map in BPDP Crediting
Area
Figure 6. USGS Topographic Map
Figure 7. Soils Map
Figure 8. National Wetlands Inventory Map
Figure 9. FEMA Map

Appendix B– Correspondence
Appendix C– Conservation Easement and Plat
Appendix D – Existing Conditions Photos (October 6, 2015)
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1 INTRODUCTION
EBX–Neuse I, LLC (EBX), an entity of Resource Environmental Solutions (RES), is pleased to provide
this Bank Parcel Development Plan (BPDP) for the Meadow Spring Riparian Buffer & Nutrient Offset
Mitigation Bank (“Parcel”). This Parcel is designed to provide riparian buffer mitigation credits for
unavoidable impacts due to development within the Neuse River Basin, United States Geological
Survey (USGS) 8-digit Hydrologic Unit Code (HUC – 03020201). In addition, it will also provide
nutrient offset credits in the 03020201 HUC, excluding the Falls Lake Watershed, for existing and
proposed development requiring such mitigation (Figure 1). This BPDP is in accordance with the
Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295, 15A NCAC 02B.0240 and the RES Neuse
Umbrella Mitigation Banking Instrument for Riparian Buffer Mitigation and Nutrient Offset Credits
(UMBI), made and entered into by EBX-Neuse I, LLC acting as the Bank Sponsor (Sponsor), and the
North Carolina Department of Environmental Quality-Division of Water Resources (DWR). Supporting
figures can be found in Appendix A. The BPDP has also been designed in concurrence with Meadow
Spring Stream Mitigation Site in the Neu-Con Stream and Wetland Umbrella Mitigation Bank (SAW#
2016-01989). The mitigation plan for the Meadow Spring Stream & Wetland Mitigation Bank has been
submitted and is in review with the Interagency Review Team (IRT).
1.1 Parcel Location
The Meadow Spring Parcel is located in Johnston County approximately three miles north of Smithfield,
North Carolina (Figure 2). The Parcel is located within Neuse River Basin USGS 14-digit HUC
03020201100050, a Targeted Local Watershed, and DWR Subbasin Number 03-04-02.
To access the Site head East on NC 70 from the Town of Wilson Mills and turn right onto Wilson Mills
Road and head south for approximately 1.5 miles. The coordinates of the site are 35.5437°N and -
78.3303°W.
1.2 Parcel Overview
When combining the Meadow Spring Stream & Wetland Mitigation Bank with the Meadow Spring
Buffer Mitigation and Nutrient Offset Bank, the conservation easement will total approximately 60.93
acres and includes one unnamed tributary to the Neuse River. The Parcel is located in an area dominated
by agricultural fields, cattle pastures and wooded areas. The majority of the Parcel is actively grazed
pasture and disturbed riparian forest. Additional land use practices including the maintenance and
removal of riparian vegetation and the relocation, dredging and straightening of onsite streams has
resulted in degraded water quality and unstable channel characteristics. The Parcel also contains an
agricultural pond has been in place for over 40 years.
The Meadow Spring Stream Mitigation Site is proposed to provide stream enhancement and restoration
on approximately 7,393 linear feet of streams and wetland restoration and enhancement on
approximately 36.53 acres of wetlands, to generate 17.02 wetland mitigation units, within the
conservation easement through a separate mitigation banking instrument with the IRT. RES does not
plan to convert any wetland mitigation credits to buffer or nutrient credit. Figure 3 shows the existing
stream channel and Figure 4 shows the proposed stream channel designs for the stream mitigation bank.
Restoration and enhancement of the Neuse riparian buffer (as defined in 15A NCAC 02B .0233) and
other riparian areas onsite are anticipated to result in immediate water quality benefits within the vicinity
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of the Parcel and will include the removal of livestock access to Parcel streams and reduction in nutrient
loads from agricultural land-uses. The riparian restoration activities within the Parcel will also result in
improved water quality within the downstream watershed. The easement is separated by an existing
power easement and three agricultural crossing. The project is divided into an upper and lower portion
by the existing power easement. The upper portion of the project includes reaches S1, S2, S4, S5, S6A
and S6B. The lower portion of the project includes reaches S7, S9, S11, S12 and S13. Stream
identifications were verified by the DWR site visit on August, 17 2016. Correspondence regarding this
determination is in Appendix B. The drainage area of the Parcel is approximately 0.59 mi². The BPDP
will only generate credit in the northern portion of the easement above the utility line (Figure 5).
The Meadow Spring Bank Parcel is being proposed to restore and enhance stream systems with their
adjacent riparian buffers and their functions and values to compensate, in appropriate
circumstances, for unavoidable riparian buffer impacts and nutrient load reduction requirements.
The buffer mitigation plan proposed on this Bank is being submitted for review under the
Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 as well as conditions specified in the
RES Neuse Riparian Buffer and Nutrient Offset Mitigation Banking Instrument. DWR staff
performed an onsite viability assessment for buffer mitigation and nutrient offset on October 18,
2016. Correspondence regarding this assessment is provided in Appendix B and dated November
4, 2016.
For purposes of the Meadow Spring Nutrient Offset & Buffer Bank, the Parcel involves restoring riparian
buffers and other riparian areas adjacent to mitigated streams onsite. All the riparian areas were assessed
by DWR during an onsite visit to determine viability for buffer mitigation and nutrient offset. During the
site visit and noted in the letter dated September 1, 2016, all riparian areas adjacent to streams associated
with the upper portion of this proposed bank were confirmed to have been in pasture for cattle grazing
(Appendix B). This upper portion includes S2, S5 and S6 and will have approximately 20.68 acres
protected with a permanent conservation easement. Of those 20.68 acres, 4.58 acres will be restored for
Neuse riparian buffer credit (which is also viable to generate nutrient credit), 1.57 acres will be restored
for nutrient offset credit (which is also viable to generate buffer credit), and 1.96 acres will be enhanced
by the removal of cattle from the streams and riparian areas for Neuse riparian buffer credit only. The
agricultural pond will be drained and incorporated into reach S6 to restore to the natural condition.
In general, riparian restoration/enhancement area widths on streams will extend out to a maximum of 100
feet from the top of bank with a minimum width of 50 feet from top of banks. Riparian buffer
enhancement credits generated on this Bank Parcel are allowed pursuant to 15A NCAC 02B .0295 (o)(6)
but cannot be used to generate nutrient offset credits. Additionally, no riparian restoration areas that are
less than 50 feet wide from top of banks can be used to generate nutrient offset credit. Therefore, the
maximum acreage of riparian restoration on this site that is able to be converted into nutrient offset credits
if needed by RES, is 6.60 acres. Figure 5 shows the Credit Determination Map and Section 6.0 provides
details of the mitigation determination on the Bank Parcel.
Areas along reaches S7 and S9 within the project are being used to generate additional stream credit for
the United States Army Corps of Engineers (USACE). As shown on Figure 4, this area is solely being
used for the generation of stream mitigation credits, and will not be used for the generation of stream
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mitigation credits, and will not be used for the generation of any other credit type (i.e. The same square
foot of buffer cannot be used to generate wetland credit, nutrient offset credits or state buffer credits).
2 PROJECT AREA – EXISTING CONDITIONS
2.1 Physiography
The Parcel is in the Rolling Coastal Plain Physiographic Province. Soils in the Coastal Plain region
formed in sediment deposits several millions of years ago by the ocean and streams; however, the
floodplains along the Neuse River consist of fairly recent deposits. These deposits are not as weathered
as the sediments in the Coastal Plain region. The site is located on the Neuse River floodplain and has a
gently rolling topography. Elevations range from 120 to 150 feet above mean sea level (NAD 27) based
upon USGS topographic mapping (Figure 6). One unnamed tributary on the Meadow Spring Bank
Parcel as well as overland flow of stormwater drain into the Neuse River. The Neuse River is classified
by DWR as NSW. The NSW is a designation for nutrient sensitive waters – intended for waters needing
additional nutrient management due to being subject to excessive growth of microscopic or macroscopic
vegetation. Natural drainage patterns throughout the watershed have been altered by cultivation and
dredging of the channels. Within the proposed mitigation area, the channels drain surface water and
groundwater from the surrounding row crop agriculture and cattle pastures. Also, as shown on the
Existing Conditions map (Figure 3), the construction of a farm pond has altered surface drainage and
placed spoil across the floodplain.
2.2 Soils
The soils within the Rolling Coastal Plain region of Johnston County formed in sediments deposited
several million years ago by the oceans and streams. The floodplains along the Neuse River consist of
relatively recent deposits of sediments that are not as highly weathered as sediments in the Coastal Plain
Region. Much of the county is well drained; however, several areas are poorly drained. The Parcel is
located within the Wehadkee-Bibb-Chewacla soil association.
The Wehadkee-Bibb-Chewacla soil association is located along major streams and creeks throughout
Johnston County. The largest mapped area of this soils association is along the Neuse River south of
Smithfield. The soils range from well to poorly drained. This soil association is located along major
streams and creeks throughout Johnston County. The largest mapped area of this soils association is
along the Neuse River south of Smithfield.
The Johnston County Soil Survey shows several mapping units across the project site. Map units include
eleven soil series (Figure 7). The upland soils found in this area of the county formed in sandy
sediments from marine and fluviomarine deposits, loamy alluvium, or clayey Coastal Plain sediments.
The upland soils at this site are on a river terrace above the active floodplain. The soil series found on
the site are described below and summarized in Table 1.

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Table 1. Parcel Mapped Soil Series
Map
Unit
Symbol
Map Unit Name Percent
Hydric
Drainage
Class
Hydrologic
Soil Group
Landscape
Setting
AaA Altavista fine sandy
loam, 0-2% slopes 9% Moderately
well C Stream terraces
AsA Augusta sandy loam,
0-2% slopes 7% Somewhat
poorly B/D Stream terraces
Bb Bibb sandy loam, 0-
2% slopes 90% Poorly A/D Floodplains
GoA Goldsboro sandy
loam, 0-2% slopes 2% Moderately
well B
Flats on marine
terraces, broad
interstream divides
on marine terraces
McB Marlboro-Cecil
complex, 2-8% slopes 0% Well B
Broad interstream
divides on marine
terraces, ridges on
marine terraces
NoA Norfolk loamy sand,
0-2% slopes 5% Well A
Flats on marine
terraces, broad
interstream divides
on marine terraces
NoB Norfolk loamy sand,
2-6% slopes 5% Well A
Flats on marine
terraces, broad
interstream divides
on marine terraces
Ra Rains sandy loam, 0-
2% slopes 90% Poorly B
Carolina bays on
marine terraces,
broad interstream
divides on marine
terraces, flats on
marine terraces
Ro Roanoke loam, 0-2%
slopes 100% Poorly C/D
Depressions on
stream terraces,
backswamps on
stream terraces
WaB Wagram loamy sand,
0-6% slopes 5% Well A
Broad interstream
divides on marine
terraces, ridges on
marine terraces

Altavista fine sandy loam. This is a very deep, moderately to well-drained soil that occurs on stream
terraces of the Coastal Plain. They formed in old loamy alluvium derived from igneous and metamorphic
rock, and generally occur on slopes between 0-3%. Runoff is negligible and permeability is moderate.
Major uses are cropland. Altavista fine sandy loam occurs along the southeast boundary of the proposed
easement throughout most the wetland area.
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Augusta sandy loam. This is a very deep, somewhat poorly drained soil that occurs on stream terraces
of the Southern Piedmont and Upper Coastal Plain. They formed in loamy alluvial sediments, and
generally occur on slopes between 0-2%. Runoff is negligible and permeability is moderate. Major us is
cropland. Augusta sandy loam occurs along the northwest end of the of the planned wetland and near the
southern reach of the stream.
Bibb sandy loam. This is a very deep, poorly drained soil found on flood plains of the Coastal Plain.
Slopes are generally less than 2%. Soils formed in stratified sandy alluvium and have very slow runoff
with moderate permeability. The water table is generally within 8 inches of the surface for six to eleven
months of the year. Bibb sandy loams occurs along the northernmost reach of the easement; it can also
be found in small patches around the project Site.
Goldsboro sandy loam. This is a very deep, moderate well-drained soil that occurs on marine terraces
and uplands of the lower to upper Coastal Plain. They formed in marine and fluviomarine deposits, and
generally occur on slopes between 0-10%. Runoff is negligible to medium and permeability is moderate.
Major uses are cropland. Goldsboro sandy loam occurs along the middle of the easement and is scattered
along the project vicinity.
Marlboro- Cecil complex. Marlboro consists of very deep, well-drained soil that occurs on the smooth
uplands of the Coastal Plain. They formed in clayey Coastal Plain sediments, and generally occur in
slopes 0-15%. Runoff is medium and permeability is moderate. Major uses are cropland. Cecil consists
of very deep, well-drained soil that occurs on ridges and side slopes of the Piedmont uplands. They
formed in residuum weathered from felsic, igneous and high-grade metamorphic rocks of the Piedmont
uplands, and generally occur on slopes between 0-25%. Runoff is medium to rapid and permeability is
moderate. Major uses are cultivation, pasture, and forest. Marlboro-Cecil complex is found outside of
the easement area in the surrounding cultivated plots.
Norfolk loamy sand. This is a very deep, well-drained soil that occurs on interfluves and side slopes of
the Coastal Plain. They formed in marine or fluviomarine deposits, and generally occur on slopes
between 0-10%. Runoff is negligible to medium and permeability is moderate. Major uses are cropland.
Norfolk loamy sand is found along the floodplains of the northwestern stream reaches.
Rains sandy loam. This is a very deep, poorly drained soil that occurs on crests of the Coastal Plain.
They formed in loamy and sandy marine deposits, and generally occur on slopes between 0-2%. Runoff
is low and permeability is moderate. Major uses are forest and cropland. Rains sandy loam occurs along
the area just north of the easement and along the stream reaches extending out from the site easement.
Roanoke loam. This is a very deep, poorly drained soil that occurs on terraces and drainageways of the
piedmont and the upper and middle Coastal Plain. They formed in clayey fluvial sediments, and
generally occur on slopes between 0-2%. Runoff and permeability are slow to very slow. Major uses are
woodland. Roanoke loam occurs along the left floodplain of the southernmost reach of the conservation
easement.
Wagram loamy sand. This is a very deep, somewhat excessively drained soil that occurs on the
interfluves and side slopes of the upper and middle Coastal Plain. The formed in marine and
fluviomarine deposits, and generally occur on slopes between 0-15%. Runoff is negligible to medium
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and permeability is moderate. Major uses are cropland. Wagram loamy sand occurs along the right
stream bank and floodplain of the northernmost reach in the easement.
2.3 Existing Vegetation Communities
Current land use in the vicinity of the project is primarily actively grazed pasture and forest. There are
low-density residential lots, maintained vegetation, and two lane roads also present in the area
surrounding the project. The site viability letter from DWR in Appendix B provides details on land-uses
within the riparian areas on the site.
Forested riparian areas have been intermittently cattle-grazed and lack a well-developed understory and
shrub strata. The areas most closely resemble a disturbed Coastal Plain small stream swamp and are
dominated by hardwoods and loblolly pine (Pinus taeda). Canopy species include loblolly pine,
blackgum (Nyssa biflora), red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), and various
oaks (Quercus spp.). Sub-canopy species include sweet bay magnolia (Magnolia virginiana) and the
main herbaceous species are giant cane (Arundinaria gigantea), Japanese stiltgrass (Microstegium
vivenium), dogfennel (Eupatorium capillifolium) and in the wetter areas, soft rush (Juncus effusus),
awlfruit sedge (Carex stipata), and netted chainfern (Woodwardia areolata).
Riparian Vegetation
The project consists of one unnamed tributary that runs through the project and drains directly to the
Neuse River. In general, all or portions of the project reaches do not function to their full potential.
Current conditions demonstrate significant habitat degradation as a result of impacts from agriculture,
historic land uses, and water diversion. Having been channelized in the past, some of the streams do not
access their floodplains as frequently as they naturally would have prior to agricultural operations. A
farm pond has also altered surface drainage and placed spoil across the floodplain. The pond will be
removed and restore the floodplain to its natural state. In most cases, the riparian buffer is in poor
condition where much of the riparian buffer is devoid of trees or shrubs and active pasture is directly
adjacent to both banks of the existing channel. Reach S6 has a dense privet providing full canopy that is
expected to be treated and removed as part of stream restoration work. Habitat along the majority of the
restoration reaches is poor in that there is little woody debris or overhanging vegetation for fish cover or
protection for other aquatic species.
2.4 Wetlands
The United States Fish and Wildlife Service (USFWS) National Wetland Inventory Map (NWI) depicts
three wetland areas within the site (Figure 8). There is a pond mapped as PUBHh (Palustrine
Unconsolidated Bottom Permanently Flooded Diked/Impound) on the west end of the project. There are
two large wetland areas mapped on the east end of the project as PSS1C (Palustrine Scrub-Shrub Broad-
Leaved Deciduous Seasonally Flooded) and PFO1C (Palustrine Forested Broad-Leaved Deciduous
Seasonally Flooded).
A wetland delineation was performed in November 2016. Wetland boundaries were delineated using
current methodology outlined in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual
(DOA 1987) and Regional Supplement to the U.S. Army Corps of Engineers Wetland Delineation
Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0) (U.S. Army Corps of Engineers 2010). A
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jurisdictional determination request was sent to the USACE on January 2, 2017. The jurisdictional
wetland boundaries are depicted on Figure 3. As stated above and shown in Figure 4, wetland
restoration and enhancement is being proposed on approximately 36.53 acres of wetlands, to generate
17.02 wetland mitigation units, through a separate mitigation banking instrument with the IRT.
However, RES does not plan to convert any wetland mitigation credits to buffer or nutrient credit
2.5 Threatened and Endangered Species
Plants and animals with a federal classification of endangered (E) or threatened (T) are protected under
provisions of Sections 7 and 9 of the Endangered Species Act of 1973, as amended. The USFWS
database (accessed 11 May 2016) lists four endangered species for Johnston County, North Carolina:
Red-cockaded woodpecker (Picoides borealis), Tar River spinymussel (Elliptio steinstansana), Dwarf
wedgemussel (Alasmidonta heterodon) and Michaux’s sumac (Rhus michauxii). The Bald eagle
(Haliaeetus leucocephalus) is protected under the Bald and Golden Eagle Protection Act (BGPA) and
prohibits take of bald and golden eagles. No protected species or potential habitat for protected species
was observed during preliminary site evaluations.
In addition to the USFWS database, the NC Natural Heritage Program (NHP) GIS database was
consulted to determine whether previously cataloged occurrences of protected species are mapped within
one mile of the project Site. Results from NHP indicated that there are six known occurrences within a
one-mile radius of the project area. The NHP database shows an occurrence of Kidney Sedge (Carex
reniformis) historically mapped in 1949. Also within the Neuse River the database has documented
occurrences of the Triangle floater (Alasmidonta undulata), Eastern lampmussel (Lampsilis radiate), and
Roanoke slabshell (Elliptio roanokensis) which were mapped in 2005 and 2010. The fifth occurrence is
the Two-spotted Skipper which is a species of butterfly. The occurrence was mapped on the other side of
the Neuse River in 2000. The last occurrence is the Oak Toad which was last observed in 1969. Based
on initial site investigations, no impacts to federally protected species are anticipated as a result of the
proposed project.
The proposed project offers some potential to greatly benefit the downstream water quality within the
Upper Neuse sub-basin. A letter from the USFWS dated November 3, 2016 indicated that minimal
adverse impacts to fish and wildlife resources are expected as part of the project and that the proposed
project could greatly benefit the downstream water quality. USFWS encouraged the catching and
removing of non-native fish that currently reside in the pond onsite that is proposed for removal, prior to
breaching the dam and connecting this feature with the tributary system to reduce impacts to native
aquatic species downstream. Documentation is included in Appendix B.

Table 2. Federally Protected Species in Johnston County
Common Name Scientific name Federal
Status
Habitat
Present
Record
Status
Vertebrate:
Red-cockaded woodpecker Picoides borealis E No Current
Bald eagle Haliaeetus leucocephalus BGPA Yes Current
Invertebrate:
Tar River spinymussel Eliptio steinstansana E No Current
Dwarf wedgemussel Alasmidonta heterodon) E No Current
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Common Name Scientific name Federal
Status
Habitat
Present
Record
Status
Vascular Plant:
Michaux’s Sumac Rhus Michauxii E No Current
E = Endangered; BGPA = Bald and Golden Eagle Protection Act
2.6 Environmental and Cultural Constraints
Environmental and cultural resources include historic and archeological resources located in or near the
project parcel. RES has evaluated the Parcel’s existing and future conditions of cultural resources to
determine potential project impacts. The evaluation focused primarily on the presence of hazardous
materials, utilities and restrictive easements, rare/threatened/endangered species or critical habitats,
cultural resources, and the potential for hydrologic trespass. A review of the North Carolina State
Historic Preservation Office (SHPO) GIS Web Service database did not reveal any listed or potentially
eligible historic or archeological resources in the proposed project area. No architectural structures or
archeological artifacts have been observed or noted during surveys of the site for restoration purposes.
In a letter dated November 28, 2016, in response to the Public Notice for this project, the SHPO stated
that they were, “aware of no historic resources which would be affected by the project”. Correspondence
is provided in Appendix B.
2.7 Federal Emergency Management Agency (FEMA) Floodplain/Floodway Mapping
Reaches S7, S9, S11 and S12 are located within the FEMA 100-year floodplain (Zone AE) but outside of
the floodway of the Neuse River (Figure 9). The adjacent land use will not be affected by the proposed
design, and no detrimental impacts are expected beyond the easement limits. RES will verify final FEMA
coordination in the permitting phase of the project.
3 RIPARIAN RESTORATION & ENHANCEMENT PLAN
3.1 Riparian Restoration and Enhancement Activities & Parcel Preparation
The current land uses adjacent to the streams purposed for buffer restoration and enhancement are
primarily composed of forested and non-forested pasture which are actively grazed by livestock. But
also includes, row-crops, maintained lawns, and hardwood forests. Riparian restoration and enhancement
adjacent to streams are shown in Figures 4 and 5, and were approved by the DWR in their letter dated
November 4, 2016 and is attached in Appendix B. All restoration and enhancement activities will begin
from the tops of the stream banks and extend outward a maximum of 200’ perpendicular to the stream
channel. The restoration of plant communities within the Parcel will not only provide stabilization and
improve water quality within the easement limits, but also provide ecological benefits to the entire
watershed. Vegetation within riparian buffers can vary depending on disturbance regime and adjacent
community types, so the protected buffer easement will be planted with appropriate native species
observed in the surrounding forest and species known to occur in similar environments. In forested
areas, the buffer restoration areas will be determined based on whether there are less than 25 percent of
the tree canopy cover and a lack of dense growth of smaller woody stems (i.e. shrubs or saplings) and
enhancement areas will be determined as being higher than 25 percent but lower than the what is deemed
appropriate for the location in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC
02B .0295 (b)(12), 15A NCAC 02B .0295 (b)(4). For ephemeral stream reach S4, buffer restoration will
occur in the non-forested riparian area whereas buffer enhancement will occur in the forested areas (15A
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NCAC 02B .0295 (o)(7). All riparian restoration and enhancement activities will commence in
concurrence with the stream mitigation activities and not before. Therefore, the mitigation area where
riparian restoration is being performed may be altered slightly depending on the approval of the Stream
Mitigation Plan for the Stream Mitigation Bank. Restoration activities based on the design approach will
include meandering the proposed channel within the natural valley, backfilling the existing stream,
reconnecting the channel to its floodplain, removing the existing dam embankment (the pond) and
restoring hydrology to historically drained wetlands. Diffused flow will be maintained throughout the
mitigated riparian areas. The riparian restoration areas will be surveyed and information will be provided
in the As-Built report.
Enhancement will also occur in areas of grazing adjacent to the stream in accordance with the
Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 (o)(6). Where livestock are present, RES
will install cattle exclusion fencing to exclude access to riparian areas and their associated streams. All
fencing will be installed to NRCS specifications.
All riparian restoration areas will be planted from top of bank back at least 50’ from the stream with bare
root tree seedlings on an 8 by 8-foot spacing to achieve an initial density of 680 trees per acre. The
buffered channels will provide water quality and habitat functions within the sensitive Neuse River
watershed, such as nutrient and sediment removal, filtration of runoff, and improved aquatic and
terrestrial habitat. Some areas adjacent to the forested areas may require maintenance due to the rapid
regeneration of some species, such as red maple (Acer rubrum) and sweetgum (Liquidambar
styraciflua).
3.2 Planting Plan
Revegetation of the site where riparian restoration is being performed will meet the performance
standards outlined in the Rule 15A NCAC 02B .0295. This includes treating invasive species growth
and planting at least 4 native hardwood bare root trees planted at a density to ensure a density of 260
stems per acres at the completion of monitoring. No one tree species will be greater than 50% of the
established stems. Coastal Plain Small Stream Swamp will be the target community type and will be
used for all areas within the project. The community is defined by Schafale and Weakely (1990). The
initial planting of bare root trees will occur in winter 2017 or during stream restoration work whichever
comes last. Tree species specified for planting on the Meadow Spring Site are shown in Table 3.
Table 3. Meadow Spring Site Tree Planting List
Common Name Scientific Name Indicator Growth
Rate
Bald Cypress Taxodium distichum OBL rapid
Black gum Nyssa biflora OBL moderate
Oak, Overcup Quercus lyrata OBL moderate
American sycamore Platanus occidentalis FACW rapid
Oak, Swamp Chestnut Quercus michauxii FACW moderate
Oak, Willow Quercus phellos FACW rapid
River Birch Betula nigra FACW rapid
Pawpaw Asimina tribola FAC moderate

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3.3 Easement Boundaries and Fencing
Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and
adjacent properties. Boundaries may be identified by cattle fence, marker, bollard, post, tree-blazing, or
other means as allowed by site conditions and/or conservation easement. Boundary markers disturbed,
damaged, or destroyed will be repaired and/or replaced on an as needed basis. The easement boundary
will be checked annually as part of monitoring activities and the conditions as well as any maintenance
performed will be reported in the annual monitoring reports to DWR.
4 MONITORING AND MAINTENANCE PLAN
4.1 Monitoring Protocol and Success Criteria
Riparian buffer vegetation monitoring will be based on the CVS-EEP Protocol for Recording
Vegetation Level 1-2 Plot Sampling Only Version 4.0. Annual vegetation monitoring will occur each
year for a minimum of five (5) years and will be conducted during the fall season with the first year
occurring at least 5 months from initial planting. As part of the stream mitigation plan, nineteen
monitoring plots will be installed a minimum of 100 m2 in size, and will cover at least two percent of the
planted mitigation area for the Stream Mitigation Bank, seven of these plots will be randomly placed
throughout the planted riparian buffer and nutrient offset mitigation area and will be representative of
the riparian buffer restoration areas. And eleven of these plots will be placed within areas where RES is
seeking wetland restoration. There will be plots within the riparian buffer that are measuring success of
both the riparian area and the wetland areas. Those measuring success of just the buffer areas where
buffer credit is being sought, will be provided in the Monitoring reports. The following data will be
recorded for all trees in the plots: species, height, planting date (or volunteer), and grid location. All
stems in plots will be flagged with flagging tape. Photos will be taken from all photo points each
monitoring year and provided in the annual reports. Visual inspections and photos will be taken to
ensure that enhancement areas are being maintained and compliant. The measures of vegetative success
for the Parcel will be the survival of at least 4 native hardwood tree species, where no one species is
greater than 50% of the established stems, established at a density of at least 260 planted trees per acre at
the end of Year 5. Native volunteer species may be included to meet the performance standards as
determined by DWR. Invasive and noxious species will be monitored and controlled so that none
become dominant or alter the desired community structure of the site.
RES must monitor the stream mitigation bank for a minimum of seven years, or until IRT approval.
Therefore, plots placed within riparian restoration areas that are outside of the mitigation area for buffer
and nutrient offset credits will be monitored in accordance with the monitoring protocol in the Meadow
Spring Stream Mitigation Plan.
4.2 Adaptive Management Plan and Parcel Maintenance
Adaptive measures will be developed or appropriate remedial actions taken if in the event that the site,
or a specific component of the site, fails to achieve the defined success criteria. Remedial actions will be
designed to achieve the success criteria specified in this BPDP, and will include identification of the
causes of failure, remedial design approach, work schedule, and monitoring criteria that will take into
account physical and climatic conditions.
Meadow Spring Parcel Development Package
Buffer/Nutrient Offset Site 13 November 2017
Initial plant maintenance may include a one-time mowing, prior to initial planting to remove undesirable
species. If mowing is deemed necessary by RES during the monitoring period, RES must receive
approval by the DWR prior to any mowing activities to ensure that no buffer violations have been
performed. Failure to receive approval to mow within the Neuse buffer, as defined in 15A NCAC 02B
.0233, by the DWR could result in Neuse buffer violations and violations of the conservation easement.
If necessary, RES will develop a species-specific control plan.
4.3 Long Term Management Plan
EBX–Neuse I, LLC (EBX), acting as the Bank Sponsor, will record a Conservation Easement with the
Johnston County Register of Deeds Office for this site. The Conservation Easement will be assigned to
the North Carolina Wildlife Habitat Foundation (NCWHF). All monitoring activities, including periodic
inspections of the site to ensure that restrictions required in the Conservation Easement are upheld, are
the responsibility of EBX-Neuse I, LLC until the Bank Parcel is transferred to the NCWHF. Endowment
funds required to uphold the Meadow Spring Bank Parcel conservation easement in perpetuity shall be
negotiated prior to site transfer to the NCWHF.
The Bank Sponsor will ensure that the Conservation Easement has allowed for the implementation of an
initial monitoring phase, which will be developed during the design phase and conducted by the Bank
Sponsor. The Conservation Easement will allow for yearly monitoring and, if necessary, maintenance of
the Site during the initial monitoring phase. These activities will be conducted in accordance with the
terms and conditions of the RES Neuse Riparian Buffer and Nutrient Offset Umbrella Mitigation
Banking Instrument made and entered into by EBX-Neuse I, LLC and DWR.
5 FINANCIAL ASSURANCE
The Sponsor will provide financial assurances in the form of Performance Bonds sufficient to assure
one-hundred percent (100%) completion of all mitigation work, required reporting and monitoring, and
any remedial work required. Financial assurances will be payable at the direction of the DWR to its
designee or to a standby trust. Financial assurances structured to provide funds to the DWR in the event
of default by the Bank Sponsor are not acceptable. The initial performance bond will be in the amount of
at least $150,000 and shall be able to cover 100% of the costs associated with construction of the
riparian restoration areas. The monitoring bond shall be in the amount of at least $100,000 and shall be
able to cover 100% of the costs associated with the monitoring and maintenance of the riparian
restoration areas for five years.
Performance bonds for monitoring shall be renewed to cover the next years monitoring period, with
confirmation of renewal provided to DWR with each annual monitoring report when applicable. DWR
reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of
bond renewals when applicable.
6 MITIGATION POTENTIAL
The Meadow Spring Mitigation Bank presents 60.93 acres of permanent conservation easement in
Johnston County, North Carolina. While this easement also encompasses areas for the Meadow Spring
Stream and Wetland Mitigation Bank, the purpose of the Meadow Spring Buffer & Nutrient Offset Bank
Meadow Spring Parcel Development Package
Buffer/Nutrient Offset Site 14 November 2017
is to generate Neuse riparian buffer mitigation and nutrient offset credits. Once finalized a conservation
easement and final recorded plat are provided in Appendix C.
The width of the buffer/nutrient credit generation area will begin at the most landward limit of the top of
bank or the rooted herbaceous vegetation and extend landward to a distance of 200 feet. Wetland
mitigation is also being generated throughout the Site. There will be no overlap of credit generation
between wetland and riparian crediting areas.
This Bank has the potential to generate approximately 4.58 acres (199,505 ft2) of riparian buffer
restoration credits on existing non-forested pasture, 1.96 acres (29,621 ft2) of buffer enhancement
credits, and 1.57 acres (3,568.64 lbs) of nitrogen nutrient offset credits. The riparian buffer mitigation
credits generated will service Neuse buffer impacts within the USGS 8-digit HUC 03020201 of the
Neuse River Basin. The Nitrogen nutrient offsets generated will service nutrient load reduction
requirements where payments are authorized in 15A NCAC 02B .0240 within the USGS 8-digit HUC
03020201, excluding the Falls Lake Watershed. The Sponsor will maintain 3 credit ledgers. One ledger
will account for buffer Restoration credits, one ledger will account for buffer Enhancement credits, and
one will account for Nitrogen nutrient offset credits. All mitigation credit assets shall be shown on these
credit ledgers. The total potential mitigation credits that the Meadow Spring Bank will generate are
summarized in Table 4; Figure 5.
Table 4. Meadow Spring Bank Parcel Credit Summary
Riparian Buffer Credit
Riparian
Zone
Credit
Type
Mitigation
Type Acreage
Credit
per Acre
(ft2)
Ratio
Mitigation
Assets
(ft2)
0-50'
Riparian
Buffer Restoration 2.07 43,560 1:1 90,169
Riparian
Buffer Enhancement 0.73 43,560 1:2 15,899
51-100'
Riparian
Buffer Restoration 2.88 43,560 1:1 125,453
Riparian
Buffer Enhancement 0.32 43,560 1:2 6,970
101-
200'
Riparian
Buffer Enhancement 0.91 43,560 1:6 6,607
Total Restoration 4.95 215,622 ft²
Total Enhancement 1.96 29,476 ft²
Nutrient Offset Credit
Zone Credit
Type
Mitigation
Type Acreage
Credit
Per Acre
(lbs)
Ratio
Mitigation
Assets
(lbs)
0-100' Nitrogen Restoration 0 2,273.02 N/A 0.00
101-
200' Nitrogen Restoration 1.65 2,273.02 N/A 3,750.48
Total Nitrogen Offsets 1.65 3,750.48 lbs

Meadow Spring Parcel Development Package
Buffer/Nutrient Offset Site 15 November 2017
The Sponsor may use the 4.58 acres (199,505 ft2) of riparian restoration generated on the non-forested
pasture for either Neuse riparian buffer credits or Nitrogen nutrient offset credits, but not both. The
Sponsor must submit a written request and receive written approval from DWR prior to any credit
conversions and transfers to the buffer and nutrient offset credit ledgers. With each conversion and
transfer request submitted to the DWR, the Sponsor will provide all updated credit ledgers showing all
transactions that have occurred up to the date of the request.
7 CREDIT RELEASE SCHEDULE FOR MEADOW SPRING
Table 3.0 - Credit Release Schedule for Riparian Buffer and Nutrient Offset Credits
Task Project Milestone
% Credit
Available for Sale
1
Instrument and BPDP Approved by DWR, Conservation Easement
Recorded and Financial Assurance Posted 20
2
Mitigation Site Earthwork, Planting and Installation of Monitoring
Devices Completed 20
3 Monitoring Financial Assurance Posted and Approval of As-Built Report 10
4 Monitoring Report #1: Approved by the DWR** 10
5 Monitoring Report #2: Approved by the DWR** 10
6 Monitoring Report #3: Approved by the DWR** 10
7
Item B (1) of Section X in this Instrument has been completed and
approved by DWR. 5

No remaining credits will be released until the conservation easement has
been assigned to an approved land trust or stewardship
8 Monitoring Report #4: Approved by the DWR** 5
9
Monitoring Report #5: Approved by the DWR** and final site visit by
DWR has been conducted 10
Total 100%
** DWR Approval provided upon a determination that the site is meeting success criteria contained within
this BPDP

Meadow Spring Parcel Development Package
Buffer/Nutrient Offset Site 16 November 2017
8 REFERENCES
Environmental Laboratory. (1987). "Corps of Engineers Wetlands Delineation Manual," Technical
Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS
North Carolina Department of Environment and Natural Resources (NCDENR). 2009. “Neuse River
Basinwide Water Quality Plan.” Division of Water Quality. http://
http://portal.ncdenr.org/web/wq/ps/bpu/basin/neuse/2009. (October 2013).
NCDENR. 2010. “N.C. Wetland Assessment Method User Manual Version 4.1.” N.C. Wetland
Functional Assessment Team.
NC Environmental Management Commission. 2014. Rule 15A NCAC 02B.0295 - Mitigation Program
Requirements for the Protection and Maintenance of Riparian Buffers.
Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina,
Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation,
NCDENR, Raleigh, NC.
U.S. Army Corps of Engineers (USACE). 2010. Regional Supplement to the Corps of Engineers
Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0), ed. J. S. Wakeley,
R. W. Lichvar, and C. V. Noble. ERDC/EL TR-10-20. Vicksburg, MS: U.S. Army Engineer Research
and Development Center.

APPENDIX

Appendix A. Supporting Figures

Figure 1. Service Area Map
Figure 2. Project Vicinity Map
Figure 3. Existing Conditions
Figure 4. Conceptual Design Plan for Stream Mitigation and Wetland
Restoration/Enhancement Bank Site
Figure 5. Riparian Buffer Conceptual Design and Credit Determination Map in BPDP
Crediting Area
Figure 6. USGS Topographic Map
Figure 7. Soils Map
Figure 8. National Wetlands Inventory Map
Figure 8. FEMA Map

^_
Sources: Esri, HERE, DeLorme, USGS, Intermap, INCREMENT P, NRCan, EsriJapan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), MapmyIndia,NGCC, © OpenStreetMap contributors, and the GIS User Community
0 105
Miles
Figure 1 - Service Area M ap
Meadow Spring Mitigation Site
Johnston County, North Carolina
Legend
Buffer Service Area - HUC 03020201
Nutrient Service Area - HUC 03020201 excluding Falls Lake Watershed
©Document Path: C:\Users\aprickett\Dropbox (RES)\@RES GIS\Projects\NC\Meadow Spring (bank site)\MXD\BPDP\Figure 1 - Service Area - MS.mxdMeadow Spring Mitigation Site
Sources: Esri, HERE, DeLorme, USGS, Intermap, INCREMENT P, NRCan, EsriJapan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), MapmyIndia,NGCC, © OpenStreetMap contributors, and the GIS User Community
0 21 Miles
©Document Path: C:\Users\aprickett\Dropbox (RES)\@RES GIS\Projects\NC\Meadow Spring (bank site)\MXD\BPDP\Figure 2 - Vicinity - MS.mxdLegend
Proposed Easement
TLW - 03020201100050
Meadow Spring
Mitigation Site Latitude: 35.5437° N Longitude: -78.3303° W
Figure 2 - Vicinity Map
Meadow Spring Mitigation Site
Johnston County, North Carolina
S7
S6BS6A
S
1
1
S
2
S9S4S1
S5S13
S8
S
1
2
NC Center for Geographic Information & Analysis
0 700350
Feet
Legend
Streams
Ephemeral D rainage
Ditches
Existing Wetlands
Existing Pond
Proposed Easement - 60.93 Ac.
©Document Path: C:\Users\aprickett\Dropbox (RES)\@RES GIS\Projects\NC\Meadow Spring (bank site)\MXD\BPDP\Figure 3 - Existing - MS.mxdPowerlineEasement
Figure 3 - Existing Conditions Map
Meadow Spring Mitigation Site
Johnston County, North Carolina
WG
W HWI
WBWF-AWF-B
WE
WD
S6A
S7S11S9S
2
S
1
S13S5S12
S6B
S7NCCGIA
©
0 400200
Feet
Figure 4 - 404 Mitigation Conceptual
Johnston County, North Carolina
REFERENCE
1.) Topographic imagery from U.S.G.S.
2.) Horizontal Datum is NAD83 UTM Z15N.
3.) The parcel data information/property boundaries depicted on this map is for prospect assessment purposes only. It is not to be used as final boundaries.
Date: 11/8/2017 Drawn by: ATP
Checked by: JRM
Document Path: C:\Users\aprickett\Dropbox (RES)\@RES GIS\Projects\NC\Meadow Spring (bank site)\MXD\BPDP\Figure 4 - 404 Concept - MS -11x17.mxdLegend
Proposed Easement
Ditches (to be plugged)
Top of Bank
100'
200'Stream Mitigation
Restoration
Enhancement I
Enhancement IIEnhancement III
PreservationWetland Mitigation
Re-establishment, 1:1
Re-establishment, 2:1
Rehabilitation, 1.5:1
Enhancement, 3:1
Preservation, No Credit
S6B
S6A
S
2
S4S
1
S50 300150
Feet
Figure 5 - Buffer Conceptual Design
Meadow Spring Mitigation Site
Johnston County, North Carolina
©Document Path: C:\Users\aprickett\Dropbox (RES)\@RES GIS\Projects\NC\Meadow Spring (bank site)\MXD\BPDP\Figure 5 - Buffer Concept - MS.mxdLegend
Proposed Easem entProposed Wetland MitigationTop of Ba nk O ffset sTop of Bank50'100'200'Buffe r Cre ditingBuffer Restoration (0-50')Buffer Restoration (51-100')Buffer Enhancement (0-50')Buffer Enhancement (51-100')Buffer Enhancement (101-200')Nutrient O ffset (0-100')Nutrient O ffset (101-200')
BPDP Crediting Area
Riparian Zone Credit Type Mitigation Type Acreage Credit per Acre Ratio Mitigation Assets (ft2)
Ripari an
Buffer Restoration 2.07 43,560 1:1 90,169
Ripari an
Buffer Enhance me nt 0.73 43,560 1:2 15,899
Ripari an
Buffer Restoration 2.88 43,560 1:1 125,453
Ripari an
Buffer Enhance me nt 0.32 43,560 1:2 6,970
101-200'Ripari an
Buffer Enhance me nt 0.91 43,560 1:6 6,607
4.951.96
Zone Credit Type Mitigation Type Acreage Credit Per Acre (lbs)Ratio Mitigation Assets (lbs)
0-100'Nitrogen Re storati on 0 2,273.02 N/A 0.00
101-200'Nitrogen Re storati on 1.65 2,273.02 N/A 3,750.481.65
Nutrient Offset Cre dit
Riparian Buffer Credit
Total Nitroge n Offsets 3,750.48 lbs
51-100'
Total RestorationTotal Enhanceme nt 215,622 ft²29,476 ft²
0-50'
Copyright:© 2013 National Geographic Society, i-cubed
0 2,0001,000
Feet
Legend
Proposed Easement - 60.93 Ac.
Target Parcels
©Document Path: C:\Users\aprickett\Dropbox (RES)\@RES GIS\Projects\NC\Meadow Spring (bank site)\MXD\BPDP\Figure 6 - USGS - MS.mxdFigure 6 - USGS Map
Meadow Spring Mitigation Site
Johnston County, North Carolina
NoA
Ch
NoB
NoB
AsA
NoA
Bb
AsA
NnD
NoB
McB
NoA
AaA
Ro
NoB
AuA
To
NoB
NnE
Ra NnD
Ra
Ra
NoB
NoA
WaB
NoA
NoA
WaB
GoA
NoA
Ra
CoB
Ra
GoA
GoA
NnD
CeB
Bb
GeB
Ra
W
GoA
Ch
NoA
BnA
W
W
W
Ch
W
VrA
GoA
Ch
NC Center for Geographic Information & Analysis
0 700350
Feet
Le ge nd
Proposed Easement - 60.93 Ac.
Non-hydric Soil
Soil with Hydric Inclusions
Hydric Soil
Water
©Document Path: C:\Users\aprickett\Dropbox (RES)\@RES GIS\Projects\NC\Meadow Spring (bank site)\MXD\BPDP\Figure 7 - Soils - MS.mxdFigure 7 - Soils Map
Meadow Spring Mitigation Site
Johnston County, North Carolina
PSS1C
PFO1C
PSS1C
PFO1F
PFO1C
PFO1C
PFO1C
PSS1FPUBHh
R2UBH
PFO1A
PFO1C
R2UBH
PFO1C
PUBHh
PFO1F
PFO1A
PSS1C
PUBHx
PUBHh
PFO1A
PFO1C
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community
0 700350
Feet
Legend
Proposed Easement - 60.93 Ac.
Existing Streams
NWI Wetlands
©Document Path: C:\Users\aprickett\Dropbox (RES)\@RES GIS\Projects\NC\Meadow Spring (bank site)\MXD\BPDP\Figure 8 - NWI - MS.mxdFigure 8 - National W etlands Inventory Map
Meadow Spring Mitigation Site
Johnston County, North Carolina
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community
0 700350
Feet
Legend
Proposed Easement - 60.93 Ac.
FEMA Zone AE, Floodway
FEMA Zone AE, 100 Yr. Floodplain
©Document Path: C:\Users\aprickett\Dropbox (RES)\@RES GIS\Projects\NC\Meadow Spring (bank site)\MXD\BPDP\Figure 9 - FEMA - MS.mxdFigure 9 - FEMA Map
Meadow Spring Mitigation Site
Johnston County, North Carolina

Appendix B. Correspondence

Appendix C. Conservation Easement and Plat
Note: This appendix will be updated as the easement deeds and plats become available.

MODEL CONSERVATION EASEMENT

January 18, 2001
Rev’d October 16, 2002
Rev’d August, 2003

Model Conservation Easement for use in preserving mitigation property. Language in
italics is instructional, and should be deleted when site-specific Conservation Easement
is prepared.

PERMANENT CONSERVATION EASEMENT

THIS CONSERVATION EASEMENT (“Conservation Easement”) made this
____ day of __________________, 200_ by and between ________________________,
(“Grantor”) and ____________________________________ (Grantee).

The designation Grantor and Grantee as used herein shall include said parties,
their heirs, successors and assigns, and shall include singular, plural, masculine, feminine
or neuter as required by context.

RECITALS

WHEREAS, Grantor owns in fee simple certain real property situated, lying and
being in _______________________ County, North Carolina, more particularly
described in Exhibit A attached hereto and incorporated herein (“Property”);

WHEREAS, Grantee is [either a public body of this state, an agency of the United
States, or 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 in its natural state, which includes the following natural
communities: [describe by wetland and/or stream type, as well as any associated buffers
or upland communities]. The purpose of this Conservation Easement is to maintain
wetland and/or riparian resources and other natural values of the Property, and prevent
the use or development of the Property for any purpose or in any manner that would
conflict with the maintenance of the Property in its natural condition.

[ For use when the mitigation is offered for impacts of a single individual or
general permit use] WHEREAS, the preservation of the Property is a condition of
Department of the Army permit Action ID ______________ issued by the Wilmington
District Corps of Engineers, required to mitigate for unavoidable stream and/or wetland
impacts authorized by that permit. Grantor and Grantee agree that third-party rights of
enforcement shall be held by the U.S. Army Corps of Engineers, Wilmington District
(Corps, to include any successor agencies), and that these rights are in addition to, and do
not limit, the rights of enforcement under said permit.

[Alternate paragraph for use when the conservation easement supports a
mitigation bank] WHEREAS, the preservation of the Property is required by a Mitigation
Banking Instrument for the [Name of Bank], Department of the Army Action ID [Action
ID number for the 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. Grantor and Grantee agree that third-party rights of
enforcement shall be held by the U.S. Army Corps of Engineers, Wilmington District
(Corps, 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 heirs, successors
and assigns, forever and in perpetuity a Conservation Easement of the nature and
character and to the extent hereinafter set forth, over the Property described on Exhibit A,
together with the right to preserve and protect the conservation values thereof, as follows:

ARTICLE I.
DURATION OF EASEMENT

This Conservation Easement shall be perpetual. This conservation Easement is an
easement in gross, runs with the land and is enforceable by Grantee against Grantor,
Grantor’s personal representatives, heirs, successors and assigns, lessees, agents and
licensees.

ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES

Any activity on, or use of, the Property inconsistent with the purpose of this
Conservation Easement is prohibited. The Property shall be preserved in its natural
condition and restricted from any development that would impair or interfere with the
conservation values of the Property.

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, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.

D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Property are prohibited.

E. Vegetation. There shall be no removal, burning, destruction, harming, cutting
or mowing of trees, shrubs, or other vegetation on the Property.

F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the property; nor enlargement or modification to existing roads, trails or walkways.

G. Signage. 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.

H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or other
materials on the Property is prohibited.

I. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Property, except to restore natural topography or drainage patterns.

J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or alteration
of the restored, enhanced, or created drainage patterns. In addition, diverting or causing
or permitting the diversion of surface or underground water into, within or out of the
easement area by any means, removal of wetlands, polluting or discharging into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.

K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Easement shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.

L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited. [The Corps
will generally allow the use of vehicles on existing roads provided those roads are
identified by reference to a recorded map showing their location, configuration, and
size.]

M. Other Prohibitions. Any other use of, or activity on, the Property which is or
may become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems, is
prohibited.

ARTICLE III
GRANTOR’S 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 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.

[For use when mitigation work (approved or required restoration, creation, or
enhancement)is to be done on the property]Notwithstanding the foregoing Restrictions,
Grantor reserves for Grantor, its successors and assigns, the right to construct wetland
and stream mitigation on the Property, in accordance with the [describe mitigation plan
by title, date and permit action id if a single mitigation site; if a mitigation bank, include
the language “detailed mitigation plan approved in accordance with the Mitigation
Banking Instrument for the__________________________________Mitigation Bank.]

ARTICLE IV.
GRANTEE’S RIGHTS

The Grantee or its authorized representatives, successors and assigns, and the
Corps, 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.

ARTICLE V
ENFORCEMENT AND REMEDIES

A. To accomplish the purposes of this Easement, Grantee is allowed to prevent
any activity on or use of the Property that is inconsistent with the purposes of this
Easement and to require the restoration of such areas or features of the Property that may
be damaged by such activity or use. Upon any breach of the terms of this Conservation
Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify
the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of
such notice to correct the conditions constituting such breach. If the breach remains
uncured after 30 days, the Grantee may enforce this Conservation Easement by
appropriate legal proceedings including damages, injunctive and other relief.
Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice,
to obtain a temporary restraining order, injunctive or other appropriate relief if the breach
of the term of this Conservation Easement is or would irreversibly or otherwise
materially impair the benefits to be derived from this Conservation Easement. The
Grantor and Grantee acknowledge that under such circumstances damage to the Grantee
would be irreparable and remedies at law will be inadequate. The rights and remedies of
the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights
and remedies available to Grantee in connection with this Conservation Easement. The
costs of a breach, correction or restoration, including the Grantee’s expenses, court costs,
and attorneys’ fees, shall be paid by Grantor, provided Grantor is determined to be
responsible for the breach. The Corps shall have the same right to enforce the terms and
conditions of this easement as the Grantee.

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, 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. Warranty. Grantor warrants, covenants and represents that it owns the
Property in fee simple, and that Grantor either owns all interests in the Property which
may be impaired by the granting of this Conservation Easement or that there are no
outstanding mortgages, tax liens, encumbrances, or other interests in the Property which
have not been expressly subordinated to this Conservation Easement. Grantor further
warrants that Grantee shall have the use of and enjoy all the benefits derived from and
arising out of this Conservation Easement, and that Grantor will warrant and defend title
to the Property against the claims of all persons.

B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this
Conservation Easement in any deed or other legal instrument that transfers any interest in
all or a portion of the 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 of 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 Corps.

C. Assignment. The parties recognize and agree that the benefits of this
Conservation Easement are in gross and assignable provided, however that the Grantee
hereby covenants and agrees, that in the event it transfers or assigns this Conservation
Easement, the organization receiving the interest will be a qualified holder under N.C.
Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee
further covenants and agrees that the terms of the transfer or assignment will be such that
the transferee or assignee will be required to continue in perpetuity the conservation
purposes described in this document.

D. Entire Agreement and Severability. This instrument sets forth the entire
agreement of the parties with respect to the Conservation Easement and supersedes all
prior discussions, negotiations, understandings or agreements relating to the Conservation
Easement. If any provision is found to be void or unenforceable by a court of competent
jurisdiction, the remainder shall continue in full force and effect.

E. Obligations of Ownership. Grantor is responsible for any real estate taxes,
assessments, fees, or charges levied upon the Property. Grantor shall keep the Property
free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall
not be responsible for any costs or liability of any kind related to the ownership,
operation, insurance, upkeep, or maintenance of the Property, except as expressly
provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with
federal, state or local laws, regulations and permits that may apply to the exercise of the
Reserved Rights.

F. Extinguishment. In the event that changed conditions render impossible the
continued use of the Property for the conservation purposes, this Conservation Easement
may only be extinguished, in whole or in part, by judicial proceeding.

G. Eminent Domain. Whenever all or part of the Property is taken in the exercise
of eminent domain so as to substantially abrogate the Restrictions imposed by this
Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time
of such taking to recover the full value of the taking, and all incidental and direct
damages due to the taking.

H. Proceeds. This Conservation Easement constitutes a real property interest
immediately vested in Grantee. In the event that all or a portion of this Property is sold,
exchanged, or involuntarily converted following an extinguishment or the exercise of
eminent domain, Grantee shall be entitled to the fair market value of this Conservation
Easement. The parties stipulate that the fair market value of this Conservation Easement
shall be determined by multiplying the fair market value of the Property unencumbered
by this Conservation Easement (minus any increase in value after the date of this grant
attributable to improvements) by the ratio of the value of this easement at the time of this
grant to the value of the Property (without deduction for the value of this Conservation
Easement) at the time of this grant. The values at the time of this grant shall be the values
used, or which would have been used, to calculate a deduction for federal income tax
purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or
ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner
consistent with the purposes of this Conservation Easement.

I. Notification. Any notice, request for approval, or other communication
required under this Conservation Easement shall be sent by registered or certified mail,
postage prepaid, to the following addresses (or such address as may be hereafter specified
by notice pursuant to this paragraph):

To Grantor:
[Name, address and fax number]

To Grantee:
[Name, address and fax number]

To the Corps:
[Name, address and fax number]

J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this
Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a
reasonable period of time after the occurrence of one of these events Grantee fails to
make an assignment pursuant to this Conservation Easement, then the Grantee’s interest
shall become vested in another qualified grantee in accordance with an appropriate
proceeding in a court of competent jurisdiction.

K. Amendment. This Conservation Easement may be amended, but only in a
writing signed by all parties hereto, and provided such amendment does not affect the
qualification of this Conservation Easement or the status of the Grantee under any
applicable laws, and is consistent with the conservation purposes of this grant.

L. [For use if there is a document describing the current condition of the
property. The language provided is applicable if there is a mitigation plan that
accurately describes the current condition and uses of the property. If there is not such a
plan, another document we agree is accurate and can be identified and is in our files can
be referenced.]Present Condition of the Property. The wetlands, scenic, resource,
environmental, and other natural characteristics of the Property, and its current use and
state of improvement, are described in Section ___, Appendix B of the Mitigation Plan,
dated ________________, prepared by Grantor and acknowledged by the Grantor and
Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee
have copies of this report. It will be used by the parties to assure that any future changes
in the use of the Property will be consistent with the terms of this Conservation
Easement. However, this report is not intended to preclude the use of other evidence to
establish the present condition of the Property if there is a controversy over its use.

TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for
the aforesaid purposes.

IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.

[Signatures of the Grantor and Grantee in appropriate form]
Appendix D. Existing Conditions Photos (October 6, 2015)
Appendix D. Existing Conditions Photos (October 6, 2015)
Reach S1. 10/06/2015 Reach S1. 10/06/2015
Reach S2. 10/06/2015 Reach S2. 10/06/2015
Reach S3. 10/06/2015 Reach S4. 10/06/2015
Reach S5. 10/06/2015 Reach S6. 10/06/2015
Reach S6. 10/06/2015 General conditions along Reach S7. 10/06/2015
General channel conditions along Reach S7.
10/06/2015
Reach S8. 03/09/2015
Reach S9. 10/06/2015 Reach S9. 10/06/2015
Reach S10. 10/06/2015 Reach 11. 10/06/2015
Reach S12. 05/10/2016 Reach S13. 10/06/2015