20181457 Ver 1_Draft Mitigation Plan_20181030

ID#* 20181457 Version* 1
Select Reviewer:*
Mac Haupt
Mitigation Project Submittal -10/30/2018
Type of Mitigation Project:*
V Stream PF Wetlands r— Buffer r— Nutrient Offset
(Select all that apply)
Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No
Project Contact Information
Company/Owner:* Weyerhaeuser
Contact Name:*
Daren Pait
Project Information
Email Address:*
[e-mail]
Project Name: Craven 1 - DRAFT Mitigation Plan - Middle
Neuse UMBI
Project Type:* r DMS
F Mitigation Bank
County: Craven
Document Information
File Upload: Craven 1 - DRAFT Mitigation Plan - 2018-09-13.pdf 92.5MB
Rease upload only one RDF of the conplete file that needs to be subrritted...
Signature
Print Name:* Daren Pait
Signature:*

The Middle Neuse Stream
and Wetland Umbrella
Mitigation Bank
SPONSORED BY:
Weyerhaeuser NR Company
SUBMITTED TO:
Interagency Review Team
PREPARED BY:
AND
Prospectus
HUC 03020202
NOVEMBER 2017
Mitigation Plan - DRAFT
SEPTEMBER 2018
Craven 1 Site Mitigation Plan - DRAFT

1 The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
│ September 2018

THE MIDDLE NEUSE STREAM AND
WETLAND UMBRELLA MITIGATION BANK
Craven 1 Site Mitigation Plan – DRAFT
Middle Neuse River Basin – HUC 03020202
Craven County, North Carolina
USACE ACTION ID NUMBER:
SAW-2017-02019

Sponsor:
Weyerhaeuser NR Company
Attn: Doug Hughes
406 Cole Road
Hattiesburg, MS 39402
601 341 6054

PREPARED BY:

Attn: Daren Pait, P.E., CFM
200 South Tryon Street, Suite 200
Charlotte, NC 28202
704 319 7699
Coggin Asset Management, LLC
Attn: Daniel S. Coggin
P.O. Box 476
Amory, MS 38821
662 825 0058
This mitigation plan has been written in conformance with the requirements of the following:
Federal rule for compensatory mitigation project sites as described in the Federal Register Title 33 Navigation and Navigable
Waters Volume 3, Chapter 2, Section § 332.8 paragraphs (c)(2) through (c) (14).
The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
September 2018 │
2

TABLE OF CONTENTS
1.0 Project Introduction .......................................................................................................................................... 5
1.1 Project Description ............................................................................................................................ 5
1.2 Site Selection..................................................................................................................................... 6
1.3 Mitigation Site Location, Size, and Service Area ............................................................................... 6
1.4 Ownership ......................................................................................................................................... 7
2.0 Watershed Approach ....................................................................................................................................... 8
2.1 Watershed environmental concerns and mitigation needs ................................................................ 8
2.2 Goals and Objectives ........................................................................................................................ 8
2.3 Assurance of Sufficient Water Rights, Control of Minerals, and Access ............................................ 9
2.4 Site Protection ................................................................................................................................... 9
3.0 Site Baseline .................................................................................................................................................. 10
3.1 Existing Watershed Conditions ........................................................................................................ 10
3.2 Existing Site Conditions ................................................................................................................... 10
4.0 Functional Uplift Potential .............................................................................................................................. 13
5.0 Mitigation Plan ............................................................................................................................................... 14
5.1 Reference Site and Design Parameters .......................................................................................... 14
5.2 Mitigation Work Plan ........................................................................................................................ 14
6.0 Determination Of Credits ............................................................................................................................... 15
6.1 Stream Mitigation Credit Calculations .............................................................................................. 15
6.2 Wetland Mitigation Credit Calculations ............................................................................................ 15
7.0 Credit Release Schedule ............................................................................................................................... 16
8.0 Monitoring Plan .............................................................................................................................................. 16
8.1 Performance Standards ................................................................................................................... 16
8.2 Early Closure Provision ................................................................................................................... 16
8.3 Adaptive Management Plan............................................................................................................. 16
8.4 Post-Construction Documentation ................................................................................................... 16
8.5 Long-Term Management Plan ......................................................................................................... 17
8.6 Financial Assurances ...................................................................................................................... 17
9.0 References .................................................................................................................................................... 19

3 The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
│ September 2018

TABLES
Table 1 – Site Mitigation Potential Summary ................................................................................................................. 5
Table 2 – Wetland Mitigation Summary ......................................................................................................................... 5
Table 3 – Watershed Overview .................................................................................................................................... 10
Table 4 – Existing Wetlands ......................................................................................................................................... 12
Table 5 – Stream Mitigation Approach ......................................................................................................................... 14
Table 6 – Wetland Mitigation Approach ....................................................................................................................... 14
Table 7 – Proposed Buffer Widths ............................................................................................................................... 14
Table 8 – Proposed Stream Mitigation Credits ............................................................................................................. 15
Table 9 – Proposed Wetland Mitigation Credits ........................................................................................................... 15
Table 10 – Estimated Amount Required for Performance Bond .................................................................................. 17
Table 11 – Performance Bond Reduction Schedule. ................................................................................................... 18

The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
September 2018 │
4

APPENDICES
Appendix A – Figures
Appendix B – Photo Pages
Appendix C – NCSAM Forms
Appendix D – Wetland and Stream Data Forms
Appendix E – Conservation Easement
Appendix F – Performance Bond

5 The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
│ September 2018

PROJECT INTRODUCTION
1.1 PROJECT DESCRIPTION
The Craven 1 Mitigation Site (“C1 Site” or “Site”) is in Craven County, NC and consists of the preservation
of reaches of the Creeping Swamp stream and wetland system as well as reaches of the Polland Swamp
stream and wetland system. The proposed conservation easement also includes 126.9 acres of the
adjacent high-quality riparian wetland associated with the confluence of the two systems. This site is
proposed to be included in the Middle Neuse Stream and Wetland Umbrella Mitigation Bank (the “Middle
Neuse UMBI”). The Site is identified as having potential to help meet the compensatory mitigation
requirement for stream and freshwater wetland impacts in Hydrologic Unit Code (HUC) 03020202 of the
Neuse River Basin. It was selected based on the site’s ability to provide protection to existing high quality
aquatic resources within the Middle Neuse 8-digit HUC.
All mitigation areas within the Site will be protected in perpetuity by a conservation easement as
described in the Middle Neuse UMBI. The Site includes a conservation easement totaling 128.8 acres,
including the stream systems, riparian buffer, and riparian wetlands. The on-site perennial streams have
North Carolina Stream Assessment Method (NCSAM) ratings of High and have bank height ratios of 1.0.
Based on the opportunity to protect the confluence of the Creeping Swamp system and Polland Swamp
system this mitigation plan has been produced identifying 8,276 linear feet of stream preservation and
126.9 acres of riparian wetland preservation. Due to the high quality of existing stream system, and the
large amount of high quality riparian wetlands included in the proposed conservation easement, a credit
ratio of 7:1 is proposed for this system. No wetland credits are being claimed for the 126.9 acres of
wetland preservation, instead the sponsor prefers to receive a more favorable stream credit ratio (7:1)
due to the large area of riparian wetlands that will be preserved along the stream corridor. Tables 1 and 2
summarize the mitigation activities and credit generation from the C1 Site.
Table 1 – Site Mitigation Potential Summary
Site Reach Mitigation Approach Stream Length (ft.) Credit
Ratio SMUs
Craven 1
Creeping Swamp Preservation 2,255 7:1* 322
Polland Swamp Preservation 6,021 7:1* 860
Total stream lengths and sub-total SMU’s 8,276 1,182
TOTAL STREAM CREDITS (SMU’s) 1,182
*Note: No wetland credits are being claimed for the 126.9 acres of high quality riparian wetland preservation along
this stream system corridor. Instead of receiving wetland credits the sponsor would prefer to receive a more favorable
stream credit ratio of 7:1 and forfeit any potential wetland credits.
Table 2 – Wetland Mitigation Summary
System Adjacent to Reach Mitigation Approach Mitigation Area
(ac.)
Wetland
Mitigation
Ratio
WMU’s
W1 Creeping Swamp
and Polland Swamp Preservation 126.9 N/A* N/A*
*Note: No wetland credits are being claimed for the 126.9 acres of high quality riparian wetland preservation
proposed along this stream system corridor. Instead of receiving wetland credits the sponsor would prefer to receive
a more favorable stream credit ratio of 7:1 and forfeit any potential wetland credits.

The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
September 2018 │
6

1.2 SITE SELECTION
As part of the Middle Neuse UMBI, the C1 Site is proposed to provide compensatory mitigation for
permitted impacts within the Middle Neuse watershed (HUC 03020202). The larger Neuse River Basin
has been a focal point for water quality concerns for almost three decades due to sediment disturbances
in upstream rural development as well as nutrient loading from upstream agricultural land use.
Development within this basin is predicted to increase—especially with the proposed Kinston Bypass
construction, which will likely increase development around the proposed interchanges. As such, the C1
Site aims to provide protection to high quality aquatic habitat in this sensitive region through conserving
aquatic resources in the Middle Neuse. The C1 Site was identified as a strong candidate for mitigation
offset based on its value as a preserved high-quality wetland and stream system. The following criteria for
locating sites was used for identifying this preservation site and is originally outlined in the prospectus
document produced for this Site:
· Access—Potential sites must have permanent, deeded access.
· Proximity to Impacts—Potential sites must be within the 8-digit HUC in which impacts are
anticipated to occur.
· Watershed Impact—Restoring, enhancing, and protecting a potential site must contribute to the
overall improvement of the watershed in which it is found.
· Habitat Connectivity—Potential sites must contribute to creating larger, contiguous conservation
properties to help support habitat diversity, quality, and stability.
· Sufficient Water Rights/Resources—Potential sites must have sufficient water rights/resources to
sustain restored, enhanced, and/or protected wetlands and streams.
· Mineral Rights—The Bank Sponsor must own/control the surface mineral rights, including gravel,
sand, salt, and coal.
1.3 MITIGATION SITE LOCATION, SIZE, AND SERVICE ARE A
The Craven 1 Mitigation site is in Craven County, North Carolina, at 35.4018° North, -77.1910° East (see
Figure 1). The Site is approximately 7 miles Northwest of Vanceboro, and may be accessed from Pollard
Swamp Rd, approximately 2.5 miles West of highway 17. The Site has a proposed conservation
easement of 128.8-acres and includes the preservation of 8,276 linear feet of perennial stream channels
and preservation of 126.9 acres of adjacent riparian wetlands.
The Site is in the Creeping Swamp sub-basin of the Middle Neuse River Basin (HUC 030202020403) and
the Middle Atlantic Coastal Plain Ecoregion (Figure 1). HUC 03020202 is situated downstream of both
HUC 03020201, which contain the greater municipal growth areas around Raleigh and Durham, and HUC
03020203, which includes Smithfield, Goldsboro, Farmville and other heavily agricultural areas. The local
Creeping Swamp sub-basin is predominantly timber production with some agriculture, with very little
commercial, industrial, or residential development currently existing.
The C1 Site, as a mitigation site under the framework of the Middle Neuse Umbrella Mitigation Bank
(“Bank”), is proposed to produce credits that will be used to offset permitted impacts to aquatic resources
within the Bank’s service area. The service area associated with the C1 Site is defined as the United
States Geological Survey (USGS) 8-digit HUC within which the Site is located - the Middle Neuse 02 HUC
(HUC 03020202).

7 The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
│ September 2018

1.4 OWNERSHIP
BANK OWNER, SPONSOR, AND LONG-TERM STEWARD
Weyerhaeuser NR Company
Contact: Doug Hughes
Address: 406 Cole Road
Hattiesburg, MS 39402
Phone: [phone]
Email: [e-mail]
As the landowner, Weyerhaeuser NR Company will provide access to the property for establishment
(including granting the conservation easement), operation, management of the Site, and long-term
management of the property within the framework of the Middle Neuse UMBI. The owner will retain all
rights and responsibilities of ownership subject to the terms of the conservation easement (included as
Appendix E), which shall be placed on the property prior to the first release of mitigation credits.
As the Bank Sponsor, Weyerhaeuser NR Company maintains the rights to permit, develop, maintain, and
operate the Middle Neuse Bank and its associated sites, including the C1 Site, in accordance with the
terms of the Middle Neuse UMBI and this Mitigation Plan, and subject to the terms and conditions of the
conservation easement that will be established over the property.
As the long-term steward, Weyerhaeuser NR Company will be responsible for maintenance of the Site’s
aquatic resources as described in the Long-Term Management Plan, in Section 8.5 of this document.
Long-term stewardship responsibilities will begin at the end of the bank’s operational phase (after all
credits are released and sold) and continue in perpetuity.
CONSERVATION EASEMENT HOLDER
The conservation easement will be held by Unique Places to Save, a 501 (c)(3) nonprofit conservation
organization located in North Carolina. A copy of the conservation easement document is included as
Appendix E.

The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
September 2018 │
8

WATERSHED APPROACH
2.1 WATERSHED ENVIRONMENTAL CONCERNS AND MITIGATION NEEDS
The Middle Neuse River Basin (HUC 03020202) has been significantly impacted by agricultural land
uses, extensive ditching, and lack of riparian buffer. Development within this basin is predicted to
increase, especially with construction of the Kinston Bypass. This bypass will increase mobility in the area
and spur development around proposed interchanges, likely creating additional impacts to the area. The
Middle Neuse River Basin (HUC 03020202) consists of 1,008 square miles with more than 340 miles of
stream and is primed for significant local growth. Between the five counties that make up the watershed
(Beaufort, Craven, Lenoir, Pitt, and Wayne Counties), Pitt County is forecasted to grow by 5.8% by 2020,
and Wayne County is expected to grow by 4.1%**. Overall, the Middle Neuse watershed is expected to
see 2.4% growth by 2020. The C1 Site represents a valuable opportunity to permanently protect the
confluence of two high quality stream and riparian wetland systems within this watershed, offering long-
term protection to essential habitat and aquatic resources as growth and development come to the area.
The Site’s goals and objectives described below are consistent in addressing the major stressors
identified in the 2010 Neuse River Basin Restoration Priorities (RBRP) document produced by the North
Carolina Department of Mitigation Services (NCDMS).
**https://files.nc.gov/ncosbm/demog/countygrowth_2020.html
2.2 GOALS AND OBJECTIVES
WATERSHED SCALE GOALS
The Neuse RBRP 2010 document produced by the NCDMS spells out the Middle Neuse Basin
restoration and protection goals. Applicable goals stated are as follows:
· Promote nutrient and sediment reduction in agricultural areas by restoring and preserving
wetlands, streams, and riparian buffers.
· Continue targeted implementation of projects under the Nutrient Offset and Buffer programs, as
well as focusing Department of Transportation (DOT)-sponsored restoration in areas where they
will provide the ecosystem’s most functional improvement.
Preservation of the C1 Site system addresses these specific RBRP goals by preventing the disturbance
of this high-quality system as a small portion of the overall Middle Neuse UMBI. Protection of this site is
being implemented now to prevent any future development that could come to the area or that could
occur as part of the development that may be spurred by the Kinston Bypass and associated roadway
improvements.
SITE-SPECIFIC OBJECTIVES
· Preserve channel reaches to provide a contiguous riparian corridor throughout the site to allow
connectivity between both stream and wetland systems.

9 The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
│ September 2018

2.3 ASSURANCE OF SUFFICIENT WATER RIGHTS, CONTROL OF
MINERALS, AND ACCESS
Sufficient water rights exist to support the long-term sustainability of the Site. There are no "severed"
rights on the property.
2.4 SITE PROTECTION
In accordance with Section X (Site Protection) found in the Middle Neuse UMBI, the Bank Sponsor,
Weyerhaeuser NR Company, plans to protect the site by applying a conservation easement. A copy of
the conservation easement document is included as Appendix E.

The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
September 2018 │
10

SITE BASELINE
3.1 EXISTING WATERSHED CONDITIONS
There are two separate named systems proposed for mitigation as part of the C1 Site (Creeping Swamp
and Polland Swamp). The watershed for the Creeping Swamp system includes the proposed Beaufort
56B and 56C sites (proposed as a separate Mitigation Plan within the Middle Neuse UMBI). The
watershed for the Polland Swamp system includes the Beaufort 56A site. Silviculture and proposed
stream and wetland mitigation are the primary land uses within the watersheds of both systems.
Watershed summary information and drainage areas for each separate system are provided in the table
below and a map showing drainage areas is included as Figure 6.
Table 3 – Watershed Overview
Level IV Ecoregion 63e Mid-Atlantic Flatwoods
River Basin Neuse
USGS 8-digit Hydrologic Unit 03020202
USGS 12-digit Hydrologic Unit 030202020403
DWR Sub-Basin 03-04-09
Project Drainage Area
Creeping Swamp at Confluence 8,978 Ac
Polland Swamp at Confluence 2,857 Ac
These watersheds sit within the Carolina Flatwoods Ecoregion (Level IV), which occur in the nearly level
coastal plain with frequently high-water tables and large areas of poorly drained soil. While the
watersheds currently are occupied by significant plantations of loblolly pine forests, the large areas of
loamy, organic soils historically were home to significant biological diversity compared to the Mid-Atlantic
Flatwood region to the north. Preserving headwater systems is especially valuable to the health and
water quality of the watershed because of its shallow topography. This preservation site seeks to
preserve a significant portion of the stream and wetland downstream of the three Beaufort 56 Site
systems which include restoration, enhancement, and preservation (the Beaufort 56 Site is included as a
separate Mitigation Plan within the Middle Neuse UMBI).
3.2 EXISTING SITE CONDITIONS
SURFACE WATER CLASSIFICATION
Creeping Swamp and Polland Swamp are class C waters with designations of nutrient sensitive (NSW)
and swamp (Sw). Polland Swamp is a tributary to Creeping Swamp, which is a tributary to Clayroot
Swamp, a 303(d)-listed stream. Both channels, when they enter the Site, are second order streams.
SITE SOILS
The on-site soils are derived from deposits on marine terraces within the Level IV Mid-Atlantic Flatwoods
in the Coastal Plain. These soils were deposited between the Pliocene and Pleistocene epochs, where
ocean levels were high enough to form flat terraces across the coast of North America and deposit
marine sands, silts, and clays. The on-site soils are described by site section and soil type below. The
soils that occur on-site are presented in Figure 4 and hydric soils are shown in Figure 5.

11 The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
│ September 2018

Craven 1 Soils
Leaf Silt Loam
Leaf Silt Loam (La) soils predominantly exist on terraces that form on broad interstream divides and
consist of clayey marine deposits. The profile is made up of 0 to 6 inches of silt loam, a depth from 6 to 67
inches of clay, and a final depth from 67 to 80 inches of clay loam (end of profile). This soil type is poorly
drained and trends with a 0-2% slope. It has a hydric rating of 90. Leaf soil occurs on-site in the lower
portion of the Polland Swamp reach.
Lenoir Silt Loam
Lenoir silt loam soils are poorly drained and form on marine terraces and in broad interstream divides.
The soil has a very low hydric rating, with a water table between 1 and 3 feet below the surface and
significantly varying hydraulic conductivity. The soil profile consists of a layer down to 8 inches
predominantly of loam, followed by a layer down to 63 inches of clay. The final layer is from 63 to 80
inches below the surface consisting of sandy clay.
Masontown Mucky Fine Sandy Loam and Muckalee Sandy Loam
Masontown Mucky and Muckalee Sandy Loam soils have a hydric rating of 70 and a high hydraulic
conductivity throughout the soil profile. Soils are formed from sandy and loamy alluvium deposits in
stream floodplains. The typical profile contains sandy loam from the ground surface to 80 inches below.
Roanoke Fine Sandy Loam / Silt Loam
Roanoke Fine Sandy Loam soils form in the back swamps of stream terraces from clayey alluvium
derived from erosion of igneous and metamorphic rock sources. These soils are hydric, with a hydric
rating of 90. A typical soil profile consists of 15 inches of loam, followed by clay from a depth of 15 to 41
inches, and a final layer of loam from 41 inches to 80 inches down. NOTE: do to two soil survey servicing
the site, a conflict over the delineation of Roanoke Fine Sandy Loam vs Roanoke Silt Loam has occurred.
The soil descriptions differ only in the soil profile, for which the Roanoke Silt Loam is described as having
a layer of loam from 0 to 7 inches below the soil surface, followed by silty clay loam from 7 to 14 inches,
clay from 14 to 54 inches, and sandy loam from 54 inches to 80 inches.
Byars Loam
Byars Loam is a hydric soil with a hydric rating of 90. The soil forms on flats from clayey marine deposits.
The typical profile has a highly variable hydraulic conductivity, from moderately low to moderately high,
and consists of two distinct layers, the first being a layer of loam from 0 to 10 inches below the ground
surface, and the second being a layer of clay from 10 to 80 inches.
Lenoir Loam
Lenoir loam soils are poorly drained and form on marine terraces and in broad interstream divides. The
soil has a low hydric rating, with a water table between 1 and 3 feet below the surface and significantly
varying hydraulic conductivity. The soil profile consists of a layer down to 8 inches predominantly of loam,
followed by a layer down to 63 inches of clay. The final layer is from 63 to 80 inches below the surface
consisting of sandy clay.

The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
September 2018 │
12

BASELINE STREAM CONDITIONS
Descriptions of each existing reach condition are outlined below. Figure 6 provides drainage area
acreages for each reach and Table 1 provides existing lengths. Additionally, representative photos are
included in Appendix B.
Craven 1

Creeping Swamp
The perennial stream channel that is named Creeping Swamp flows north to south through the Site and
the proposed conservation easement includes 2,255 of existing stream channel along this system. The
existing channel is shallow and is well connected to its adjacent riparian buffer and riparian wetland with
native hardwood species and cypress knees located adjacent to the channel and throughout the riparian
wetland. The stream channel is well connected to its floodplain, has high quality habitat features, and
there is no observed evidence of ditching within the adjacent riparian wetland. Bank height ratios remain
close to 1.0 throughout the reach. Low bank heights, dense woody vegetation and root systems, as well
as the extensive available floodplain storage volume ensure that shear stress remains low throughout this
system during flood events. The channel scores High on the North Carolina Stream Assessment Method
(NC SAM) forms. Photos of this system can be found in Appendix B of this report.
Polland Swamp
The perennial stream channel that is named Polland Swamp flows north to south through the site and the
proposed conservation easement includes 6,021 of existing stream channel along this system. The
existing channel is shallow and is well connected to its adjacent riparian buffer and riparian wetland with
native hardwood species and cypress knees located adjacent to the channel and throughout the riparian
wetland. The stream channel is well connected to its floodplain, has high quality habitat features, and
there is no observed evidence of ditching within the adjacent riparian wetland. Bank height ratios remain
close to 1.0 throughout the reach. Low bank heights, dense woody vegetation and root systems, as well
as the extensive available floodplain storage volume ensure that shear stress remains low throughout this
system during flood events. The channel scores High on the North Carolina Stream Assessment Method
(NC SAM) forms. Photos of this system can be found in Appendix B of this report.
BASELINE WETLAND CONDITIONS
All areas within the Craven 1 site boundaries have been field reviewed and existing wetlands have been
delineated. Data forms are included in Appendix D. The table below provides an overview of wetland
resources on the Site. Figure 5 shows existing hydric soils and Figure 7 shows the jurisdictional areas as
delineated adjacent to Creeping Swamp and Polland Swamp. The presence of wetlands on each of these
systems is dependent on floodplain connectivity and overland flow. These existing wetlands are high
quality wetlands with little to no observed impacts.
Table 4 – Existing Wetlands
Site Wetland Area Wetland Type Wetland
Acreage
Craven 1 W1 Riparian Wetland 126.9 Ac.

13 The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
│ September 2018

FUNCTIONAL UPLIFT POTENTIAL
Based on the NC SAM rating of High, low bank height ratios, and high quality of the existing stream and
wetland system, the stream channel and its riparian floodplain are proposed for preservation. The
conservation easement proposed for this system is expansive and includes a large portion of adjacent
riparian wetlands as well as reaches of the existing channels (see Figure 9).

The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
September 2018 │
14

MITIGATION PLAN
5.1 REFERENCE SITE AND DESIGN PARAMETERS
No reference stream reach research was necessary for the development of the proposed preservation of
Creeping Swamp and Polland Swamp.
5.2 MITIGATION WORK PLAN
STREAM MITIGATION WORK PLAN
The C1 Site is contained within a proposed 128.8-acre conservation easement. The site contains
approximately 8,276 linear feet of perennial stream preservation and 126.9 acres of riparian wetlands.
A summary of the mitigation approach and lengths for each reach is provided in the table below.
Table 5 – Stream Mitigation Approach Summary
Site Reach Mitigation
Approach Length (ft.)
Craven 1
Creeping Swamp Preservation 2,255
Polland Swamp Preservation 6,021

WETLAND MITIGATION WORK PLAN
The C1 Site includes the preservation of 126.9 acres of riparian wetland within the proposed 128.8-acre
conservation easement.
Table 6 – Wetland Mitigation Approach Summary
System Adjacent to Reach Mitigation Approach Mitigation Area (ac.)
W1 Creeping Swamp and Polland Swamp Preservation 126.9

BUFFER WIDTHS
See Figure 9 for average proposed buffer widths and to see the proposed conservation easement. The
following table also lists the average buffer width for each stream.
Table 7 – Proposed Buffer Widths
Site Reach Proposed
Length
Average Left
Buffer width (ft)
Average Right
Buffer width (ft)
Craven 1
Creeping Swamp 2,255 500 150
Polland Swamp 6,021 60 150

15 The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
│ September 2018

DETERMINATION OF CREDITS
6.1 STREAM MITIGATION CREDIT CALCULATIONS
Proposed stream mitigation ratios and credits are included in the table below.
Table 8 – Proposed Stream Mitigation Credits
Site Reach Mitigation Approach Stream Length (ft.) Credit
Ratio
SMUs
Craven 1

Creeping Swamp Preservation 2,255 7:1* 322
Polland Swamp Preservation 6,021 7:1* 860
Total stream lengths and sub-total SMU’s 8,276 1,182
TOTAL STREAM CREDITS (SMU’s) 1,182
*Note: No wetland credits are being claimed for the 126.9 acres of high quality riparian wetland preservation along
this stream system corridor. Instead of receiving wetland credits the sponsor would prefer to receive a more favorable
stream credit ratio of 7:1 and forfeit any potential wetland credits.

6.2 WETLAND MITIGATION CREDIT CALCULATIONS
Proposed wetland mitigation ratios and credits are included in the table below. These credits are based
on the delineated areas as included in Figure 9.
Table 9 – Proposed Wetland Mitigation Credits
System Adjacent to Reach Mitigation Approach Mitigation Area
(ac.)
Wetland
Mitigation
Ratio
WMU’s
W1 Creeping Swamp
and Polland Swamp Preservation 126.9 N/A* N/A*
*Note: No wetland credits are being claimed for the 126.9 acres of high quality riparian wetland preservation along
this stream system corridor. Instead of receiving wetland credits the sponsor would prefer to receive a more favorable
stream credit ratio of 7:1 and forfeit any potential wetland credits.

The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
September 2018 │
16

CREDIT RELEASE SCHEDULE
In accordance with the guidance provided by the Wilmington USACE all stream and wetland mitigation
credits associated with the preservation portion of the overall Middle Neuse UMBI should be released
upon completion of the six criteria listed below:
1) Execution of the MBI or UMBI by the Sponsor and the USACE
2) Approval of the final Mitigation Plan
3) The mitigation bank site must be secured
4) Delivery of the financial assurances described in the Mitigation Plan
5) Recordation of the long-term protection mechanism and title opinion acceptable to the USACE
6) Issuance of the 404-permit verification for construction of the site, if required.
MONITORING PLAN
According to the Wilmington District Stream and Wetland Compensatory Update (dated October 24,
2016), visual monitoring should be conducted annually until project closeout for the purpose of ensuring
that no activities are occurring that are in violation of the restrictions included in the preservation
mechanism prior to the Site being transferred to the long-term steward. Visual monitoring will be
conducted per the guidelines stated in that document.
8.1 PERFORMANCE STANDARDS
Success will be identified through the annual visual monitoring as described in the Wilmington District
Stream and Wetland Compensatory Update (dated October 24, 2016). Performance standards will be
based on ensuring that no activities are occurring that are in violation of the restrictions included in the
preservation mechanism prior to the site being transferred to the long-term steward after project closeout.
8.2 EARLY CLOSURE PROVISION
If at year 5 the Site has demonstrated through monitoring that mitigation activities have been successful
without concerns identified, the Sponsor may propose to terminate monitoring of the Site and forego
monitoring requirements of year 6 and 7.
8.3 ADAPTIVE MANAGEMENT PLAN
In the event the mitigation site or a specific component of the mitigation site fails to achieve the necessary
performance standards as specified in this Mitigation Plan, the sponsor shall notify the members of the
IRT and work with the IRT to develop contingency plans and remedial actions.
8.4 POST-CONSTRUCTION DOCUMENTATION
No post-construction as-built documentation is required for preservation sites.
Annual Monitoring reports will be provided to the Wilmington District USACE for review no later than April
1st of the year following the visual monitoring activity.

17 The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
│ September 2018

8.5 LONG-TERM MANAGEMENT PLAN
Land use and property boundaries along with this proposed Mitigation Plan were designed to minimize
long-term management conflicts. As a result, the potential for hydrologic and boundary conflicts have
been minimized. The Sponsor has identified Unique Places to Save (a 501 (c)(3) entity) as the grantee of
the conservation easement deed. The Bank Sponsor will serve as long-term steward of the site. The
recorded conservation easement deed will ensure the protection of the project in perpetuity. The site-
protection instrument is provided in Appendix E.
8.6 FINANCIAL ASSURANCES
In accordance to Section IX (Financial Assurances) found in the Middle Neuse UMBI, the Bank Sponsor
shall provide financial assurances in the form of a Performance Bond to the IRT sufficient to assure
completion of all mitigation work, required reporting and monitoring, and any remedial work required.
Financial assurances shall be payable at the direction of the USACE to its designee or to a standby trust.
Financial assurances structured to provide funds to the USACE in the event of default by the Bank
Sponsor are not acceptable. A financial assurance must be in the form that ensures that the USACE
receives notification at least 120 days in advance of any termination or revocation.
The amount of the Performance Bond shall be based on costs to implement the Site through monitoring.
The Performance Bond shall be in place prior to the first credit release. Since the Bank Sponsor is
developing six other mitigation sites simultaneously with this Site, the Bank Sponsor is proposing the use
of one Performance Bond to cover all seven mitigation sites. Thus, the costs that are detailed in the table
below include the construction and monitoring costs for all seven mitigation sites.
Table 10 – Estimated Amount Required for Performance Bond
Activity Cost
Site Prep Mechanical Rip $5,854.73
Site Prep Disking (to remove any remaining planting beds) $8,131.57
Site Prep Chemical Application (If needed) $5,529.47
Site Prep Prescribed Burn (if needed) $2,276.84
Planting Labor and Seedlings (bottomland hardwood restoration and
enhancement areas)
$76,255.00
Stream Construction Work (in-stream and riparian buffer work) $2,948,651.06
As-built Report $133,440.00
Annual Monitoring $1,232,323.43
Total Estimated Amount of Performance Bond $4,412,462.10

The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
September 2018 │
18

The USACE will review the as-built and annual monitoring reports to evaluate the success of the
ecological restoration. Success will be evaluated based on the Site’s adherence to performance
standards specified in Section 8.1. As performance standards are met, the Bank Sponsor will request a
reduction in the amount of the performance bond based on the reduction schedule provided in below. The
reduction schedule assumes that all seven sites will meet all performance standards on an annual basis.
Table 11 – Performance Bond Reduction Schedule.
Activity Reduction Amount (%) Reduction Amount ($) Bond Amount
Establishment of Performance Bond N/A N/A $4,412,462.10
USACE approval of As-Built Report 65% $2,868,100.37 $1,544,361.74
USACE approval of Year 1 Monitoring 5% $220,623.11 $1,323,738.63
USACE approval of Year 2 Monitoring 5% $220,623.11 $1,103,115.53

USACE approval of Year 3 Monitoring 5% $220,623.11 $882,492.42
USACE approval of Year 4 Monitoring 5% $220,623.11 $661,869.32
USACE approval of Year 5 Monitoring 5% $220,623.11 $441,246.21
USACE approval of Year 6 Monitoring 5% $220,623.11 $220,623.11
USACE approval of Year 7 Monitoring 5% $220,623.11 $0.00
Total 100% $4,412,462.10
A copy of the proposed Performance Bond is attached as Appendix F.

19 The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
│ September 2018

REFERENCES
Sweet, W. V. & Geratz, J. W. Bankfull Hydraulic Geometry Relationships and Recurrence Intervals for
North Carolinas Coastal Plain. Journal of the American Water Resources Association 39, 861–
871 (2003).
Doll, Barbara A., A.D. Dobbins, J. Spooner, D.R. Clinton and D.A. Bidelspach, Hydraulic Geometry
Relationships for Rural North Carolina Coastal Plain Streams, NC Stream Restoration Institute,
Report to N.C. Division of Water Quality for 319 Grant Project No. EW20011, www.ncsu.edu/sri.
11 pp. (2003).
Russell, Periann 2008. Mapping Headwater Streams: Intermittent and Perennial Headwater Stream
Model Development and Spatial Application. Final Report for Federal Highway Administration
Contract Feasibility Study WBS: 36486.4.2. January 28, 2008.
US Army Corps of Engineers Wilmington District (2003), Stream Mitigation Guidelines, April 2003.
North Carolina Division of Mitigation Services (NCDMS). 2014. Stream and Wetland Mitigation Monitoring
Guidelines. North Carolina Department of Environmental Quality, Raleigh, North Carolina.
Harman, W.A., G.D. Jennings, J.M. Patterson, D.R. Clinton, L.A. O’Hara, A. Jessup, R. Everhart. 1999.
Bankfull Hydraulic Geometry Relationships for North Carolina Streams. N.C. State University,
Raleigh, North Carolina.
Harmon, W., R. Starr, M. Carter, K. Tweedy, M. Clemmons, K. Suggs, C. Miller. (2012) A Function-Based
Framework for Stream Assessments and Restoration Projects. US Environmental Protection
Agency, Office of Wetlands, Oceans, and Watersheds, Washington, DC EPA 843-K-12-006. .
North Carolina Division of Water Resources (NCDWR). 2016a. River Basin Classification Schedule
(online). Available: https://deq.nc.gov/river-basin-classification-schedule [August 01, 2018]. North
Carolina Department of Environmental Quality, Raleigh.
North Carolina Division of Environmental Quality (NCDEQ). Surface Water Classifications.
http://portal.ncdenr.org/web/wq/ps/csu/classifications Raleigh, NC.
North Carolina Stream Functional Assessment Team. (NC SFAT 2015). N.C. Stream Assessment Method
(NC SAM) User Manual. Version 2.1.
North Carolina Wetland Functional Assessment Team. (NC WFAT 2010). N.C. Wetland Assessment
Method (NC WAM) User Manual. Version 4.1.
Rosgen, D. 1996. Applied River Morphology. Wildland Hydrology (Publisher). Pagosa Springs, Colorado
Rosgen, D.L. 1994. A classification of natural rivers. Catena 22:169-199.
North Carolina Floodplain Mapping Program. Floodplain Mapping Information System.
http://floodmaps.nc.gov/FMIS/Default.aspx Raleigh, NC.
United States Department of Agriculture (USDA). 2018. Web Soil Survey (online). Available:
http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx.
The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
September 2018 │
20

United States Department of Agriculture (USDA). 1960. Soil Survey of Craven County, North Carolina.
Soil Conservation Service.
The Stream Stats web program for North Carolina. Available online at:
https://water.usgs.gov/osw/streamstats/north_carolina.html
National Land Cover Database 2011. [Online WWW]. Available URL: https://www.mrlc.gov/nlcd2011.php
United States Geological Survey (USGS) National Land Cover Dataset 1992. [Online WWW]. Available
URL: https://www.mrlc.gov/nlcd1992.php
United States Fish and Wildlife Service (USFWS), 6-8-2015. Endangered Species, Threatened Species,
Federal Species of Concern and Candidate Species, Craven County, NC. Available online at:
http://www.fws.gov/raleigh/species/cntylist/Craven.html
Harman, W.A., G.D. Jennings, J.M. Patterson, D.R. Clinton, L.O. Slate, A.G. Jessup, J.R. Everhart, and
R.E. Smith. 1999. Bankfull hydraulic geometry relationships for North Carolina streams. Wildland
Hydrology. AWRA Symposium Proceedings. D.S. Olsen and J.P. Potyondy, eds. American Water
Resources Association. June 30-July 2, 1999. Bozeman, MT.
Gridded Soil Survey Geographic (gSSURGO) Database for North Carolina. United States Department of
Agriculture, Natural Resources Conservation Service. Available online at
https://gdg.sc.egov.usda.gov/. (FY2016 release date).
North Carolina Department of Transportation. 2003. Reference Reach Database. In publication.
North Carolina Division of Mitigation Services. 2010. Neuse River Basin Restoration Priorities. NC
Department of Environmental Quality. Raleigh, NC.
North Carolina Division of Mitigation Services. 2010. Neuse River Basin Restoration Priorities. NC
Department of Environmental Quality. Raleigh, NC.
North Carolina Natural Heritage Program (NHP), 2009. Natural Heritage Element Occurrence Database,
Craven County, NC.

21 The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
│ September 2018

Appendix A
Figures

±
Craven 1
Figure 1
Vicinity Map
Middle Neuse Stream and Wetland Umbrella Mitigation Bank
Prepared For:Prepared By:
Legend
Conservation Easement
County Boundary
12-Digit HUC
8-Digit HUC
Cr
a
v
e
n

C
ou
n
t
y
Be
a
u
f
o
r
t

C
o
u
n
t
yPitt County0 1 2
Miles
±
0 1,500 3,000 Feet
Craven 1
Figure 2
USGS Topographic Map
Middle Neuse Stream and Wetland Umbrella Mitigation Bank
Prepared For:Prepared By:
Legend
Conservation Easement
Weyerhaeuser Properties
user: dawn.salley
date: 9/5/2018
time: 12:01:00 PM
Craven 1
Figure 3
Historic Aerials
Middle Neuse Stream and Wetland Umbrella Mitigation Bank
Prepared For:Prepared By:
Legend
Conservation Easement 0 5,0002,500
Feet
1993 Aerial1958 Aerial
1977 Aerial 2010 Aerial
Legend
Conservation Easement
±
0 1,500 3,000 Feet
Craven 1
Figure 4
NRCS Soil Survey - Craven, Pitt County
Middle Neuse Stream and Wetland Umbrella Mitigation Bank
Prepared For:Prepared By:
user: dawn.salley
date: 9/5/2018
time: 12:03:35 PM
Le
Le
Ba
CrA
GoA
Ly
To
La
GoA
GoA
GoA
GoA
Tr
Ct
GoA
Le
CrB
CrA
Tr
Pa
GoA
La
Ly
La
Ra
La
GoA
Le
La
To
CrB
Le
Le
GoA
GoA
Le
GoA
CrB
La
GoA
Le
CrB
MM
To
CrB
MM
Le
AuB
To
Le
Le
Le
La
MM
Le
Le
NoA
To
GoA
To
GoA
Ro
Ra
CrB
La
Ly
Le
LoA
ExB
AyB
CrA
ExA
ExB
ExA
By LoA
ExA
ExB
CrB
LoA
By
Ro
CrB2
LoA
ExB
By
ExA
LoA
WaB ExA
LoA
Ro
ExA
ExA
LoA
By
CrA
CrB2
CrB
CrB2
Le
LoA
LoA
By
ExA
LoALoA
LoA
LoA
Ro
LoA
AyA
LoA
ExB
CrA
CrB2
CrB
ExA
ExA
ExB
CrA
Le
CrA
ExB
ExB
ExA
GoA
AyA
CrB2
Me
Me
Me
Me
Ra
Ra
CrB
CrB
LoA
LoA
Legend
Conservation Easement
±
0 1,500 3,000 Feet
Craven 1
Figure 5
Hydric Soils Map
Middle Neuse Stream and Wetland Umbrella Mitigation Bank
Prepared For:Prepared By:
Map unit
symbol Map unit name Hydric
Rating
CrB Craven fine sandy loam, 1 to 4 percent slopes 6
Ct Croatan muck 90
GoA Goldsboro fine sandy loam, 0 to 2 percent
slopes 5
La Leaf silt loam 90
Ly Lynchburg fine sandy loam 7
Ra Rains fine sandy loam, 0 to 2 percent slopes,
Atlantic Coast Flatwoods 92
To Tomotley fine sandy loam 91
Tr Torhunta sandy loam 90
AuB Autryville loamy sand, 0 to 6 percent slopes 2
Le Lenoir silt loam 8
MM Masontown mucky fine sandy loam and
Muckalee sandy loam, frequently flooded 70
NoA Norfolk loamy fine sand, 0 to 2 percent slopes 0
Ro Roanoke fine sandy loam 90
AyA Aycock fine sandy loam, 0 to 1 percent slopes 0
By Byars loam 90
LoA Lenoir loam, 0 to 1 percent slopes 8
user: dawn.salley
date: 9/5/2018
time: 12:18:26 PM
Legend
Conservation Easement
Stream Contributing Watershed
USGS NHD Flowline
±
0 1 2 Miles
Craven 1
Figure 6
Watershed Map
Middle Neuse Stream and Wetland Umbrella Mitigation Bank
Prepared For:Prepared By:
Reach 1 Drainage Area
Downstream: 8,978 Acres
Reach 2 Drainage Area
Downstream: 2,857 Acres
user: dawn.salley
date: 9/5/2018
time: 12:19:05 PM
±
0 1,500 3,000 Feet
Craven 1
Figure 7
Existing Conditions
Middle Neuse Stream and Wetland Umbrella Mitigation Bank
Prepared For:Prepared By:
Legend
Conservation Easement
Weyerhaeuser Properties
USGS NHD Flowline
Delineated Feature (Jurisdictional)
Wetland
user: dawn.salley
date: 9/5/2018
time: 12:18:25 PM
±
0 1,500 3,000 Feet
Prepared For:Prepared By:
Legend
Conservation Easement
Mitigation Approach
Preservation
Elevation
Value
High : 60
Low : 20
Craven 1
Figure 8
LiDAR Elevations
Middle Neuse Stream and Wetland Umbrella Mitigation Bank
user: dawn.salley
date: 9/5/2018
time: 5:56:46 PM
±
0 1,500 3,000 Feet
Craven 1
Figure 9
Proposed Mitigation
Middle Neuse Stream and Wetland Umbrella Mitigation Bank
Prepared For:Prepared By:
Legend
Conservation Easement
Weyerhaeuser Properties
Mitigation Approach
Stream Preservation
Wetland Preservation
Creeping Swamp Stream System (2,255 LF) - Proposed
preservation. Proposed average buffer width of 500'
on left side of the channel and 150' on right side of
the channel.
Conservation Easement: 128.8 Acres
user: kyle.halchin
date: 9/6/2018
time: 4:38:11 PM
Polland Swamp Stream System (6,021 LF).
Proposed preservation. Proposed average
buffer width of 260' and minimum width of
50' on each side.
The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
September 2018 │
22

Appendix B
Photo Pages

Photo 2 – Craven 1 – Creeping Swamp
Photo 3 – Craven 1 – Polland Swamp Photo 4 – Craven 1 – Polland Swamp
Photo 1 – Craven 1 – Creeping Swamp

23 The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
│ September 2018

Appendix C
NCSAM Forms

Notes of Field Assessment Form (Y/N)
Presence of regulatory considerations (Y/N)
Additional stream information/supplementary measurements included (Y/N)
NC SAM feature type (perennial, intermittent, Tidal Marsh Stream)
(4) Floodplain Access
(4) Wooded Riparian Buffer
(4) Microtopography
(3) Stream Stability
(4) Channel Stability
(4) Sediment Transport
(4) Stream Geomorphology
(2) Stream/Intertidal Zone Interaction
(2) Longitudinal Tidal Flow
(2) Tidal Marsh Stream Stability
(3) Tidal Marsh Stream Geomorphology
(1) Water Quality
(2) Baseflow
(2) Streamside Area Vegetation
(3) Upland Pollutant Filtration
(3) Thermoregulation
(2) Indicators of Stressors
(2) Aquatic Life Tolerance
(2) Intertidal Zone Filtration
(1) Habitat
(2) In-stream Habitat
(3) Baseflow
(3) Substrate
(3) Stream Stability
(3) In-stream Habitat
(2) Stream-side Habitat
(3) Stream-side Habitat
(3) Thermoregulation
(2) Tidal Marsh In-stream Habitat
(3) Flow Restriction
(3) Tidal Marsh Stream Stability
(4) Tidal Marsh Stream Geomorphology
(3) Tidal Marsh In-stream Habitat
(2) Intertidal Zone Habitat
Overall HIGH
HIGH
HIGH
NA
HIGH
HIGH
HIGH
NA
NA
HIGH
HIGH
HIGH
HIGH
HIGH
NA
NA
NA
NA
HIGH
HIGH
(3) Tidal Marsh Channel Stability
(3) Streamside Area Attenuation
Function Class Rating Summary
(1) Hydrology
NA
HIGH
HIGH
HIGH
HIGH
NA
NO
HIGH
Stream Site Name Weyerhaeuser - C1 - Creeping Swamp Date of Evaluation
HIGH
(4) Tidal Marsh Channel Stability
HIGH
HIGH
NA
NA
NA
NA
HIGH
NC SAM Stream Rating Sheet
Accompanies User Manual Version 2.1
NA
HIGH
USACE/
All Streams
NCDWR
Intermittent
NA
NA
(2) Flood Flow
J . Hartshorn/Kimley-Horn
J une 13, 2017
YES
YES
NO
Perennial
(2) Baseflow
Stream Category Assessor Name/Organization
HIGH
Ia4
Notes of Field Assessment Form (Y/N)
Presence of regulatory considerations (Y/N)
Additional stream information/supplementary measurements included (Y/N)
NC SAM feature type (perennial, intermittent, Tidal Marsh Stream)
(4) Floodplain Access
(4) Wooded Riparian Buffer
(4) Microtopography
(3) Stream Stability
(4) Channel Stability
(4) Sediment Transport
(4) Stream Geomorphology
(2) Stream/Intertidal Zone Interaction
(2) Longitudinal Tidal Flow
(2) Tidal Marsh Stream Stability
(3) Tidal Marsh Stream Geomorphology
(1) Water Quality
(2) Baseflow
(2) Streamside Area Vegetation
(3) Upland Pollutant Filtration
(3) Thermoregulation
(2) Indicators of Stressors
(2) Aquatic Life Tolerance
(2) Intertidal Zone Filtration
(1) Habitat
(2) In-stream Habitat
(3) Baseflow
(3) Substrate
(3) Stream Stability
(3) In-stream Habitat
(2) Stream-side Habitat
(3) Stream-side Habitat
(3) Thermoregulation
(2) Tidal Marsh In-stream Habitat
(3) Flow Restriction
(3) Tidal Marsh Stream Stability
(4) Tidal Marsh Stream Geomorphology
(3) Tidal Marsh In-stream Habitat
(2) Intertidal Zone Habitat
Overall
NC SAM Stream Rating Sheet
Accompanies User Manual Version 2.1
HIGH
HIGH
USACE/
All Streams
NCDWR
Intermittent
NA
NA
(2) Flood Flow
J . Hartshorn/Kimley-Horn
J une 13, 2017
YES
YES
YES
Perennial
(2) Baseflow
Stream Category Assessor Name/Organization
HIGH
Ia3
Stream Site Name Weyerhaeuser - C1 - Pollard Swamp Date of Evaluation
HIGH
(4) Tidal Marsh Channel Stability
HIGH
HIGH
NA
NA
NA
NA
HIGH
(3) Tidal Marsh Channel Stability
(3) Streamside Area Attenuation
Function Class Rating Summary
(1) Hydrology
NA
HIGH
HIGH
HIGH
HIGH
NA
NO
HIGH
NA
NA
NA
NA
HIGH
HIGH
HIGH
HIGH
HIGH
HIGH
HIGH
HIGH
HIGH
NA
NA
HIGH
MEDIUM
HIGH
HIGH
HIGH
The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
September 2018 │
24

Appendix D
Wetland and Stream Data Forms

WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coastal Plain Region
Projecysite: Cilylcounty: C V&"" Sampling Date: 9/23/19
Applicant/Ownec �. State; /�f i Sampling Point: _W I -up
Investigator(s) AA Section, Township, Range:
Landform (hillslope, terrace, etc): Local relief (concave, convex, none): Slope (%):
Subregion (LRR or MLRA): Lat: Long; Datum:
Soil Map Unit Name:
NWI classification:
Are climatic! hydrologic conditions on the site typical for this time of year? Yes 47 No (If no, explain in Remarks.)
Are Vegetation , Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No
Are Vegetation Soil or Hydrology naturally problematic? (If needed. explain any answers in Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes No
Hydric Soil Present? Yes No
Wetland Hydrology Present? Yes No
Remarks:
i trz�n 0(, a ►tads( to
HYDROLOGY
Is the Sampled Area
within a Wetland? Yes No
w,
Wetland Hydrology Indicators:
Primary Indicators (minimum of one is required: check all that apply)
Surface Water (Al)
_ Aquatic Fauna (893)
High Water Table (A2)
_ Marl Deposits (1315) (LRR U)
Saturation (A3)
_ Hydrogen Sulfide Odor (Cl)
Water Marks (61)
_ Oxidized Rhizospheres along Living Roots (C3)
Sediment Deposits (B2)
— Presence of Reduced Iron (C4)
Drift Deposits (B3)
Recent Iron Reduction in Tilled Soils (C8)
Algal Mat or Crust (84)
Thin Muck Surface (C7)
Iron Deposits (B5) _
_ Other (Explain in Remarks)
Inundation Visible on Aerial Imagery (B7)
Water -Stained Leaves (139)
Field Observations:
Surface Water Present? Yes NoDepth
(inches):
Water Table Present? Yes No
Depth (inches):
t
Surface Soil Cracks (B6)
Sparsely Vegetated Concave Surface (BS)
Drainage Patterns (B10)
Moss Trim Lines (1316)
Dry -Season Water Table (C2)
_ Crayfish Burrows (C8)
Saturation Visible an Aenal imagery (C9)
Geomorphic Position (132)
Shallow Aquitard (D3)
FAC -Neutral Test (D5)
Sphagnum moss (08) (LRR T, U)
Saturation Present? Yes No Depth (inches): Wetland Hydrology Present? Yes No
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if
Remarks:
N'0 iAJ kmAi� t(T,
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Tree Stratum (Plot size: 3O 5 )
1. JA QY_�
2.
3.
4,
5.
6,
7,
8.
Sampling Point:
Absolute Dominant Indicator Dominance Test worksheet:
°/a Cover -Species? Status Number of Dominant Species
That Are OBL, FACW, or FAC: (A)
Total Number of Dominant
Species Across All Strata: (B)
Percent of Dominant Species
That Are OBL, FACW, or FAC: Q` (AB)
e index wo
Total %Cover of; MultiplVby:
OBL species x 1 =
FACW species x 2 =
FAC species
= Total Cover
50% of total cover:
20% of total cover:
Sapling/Shrub Stratum (Plot size:r7' )
x 5 =
1PoAa r
�_ rAc. j
2. �3u )jmw ares 41 -Or
3.
4.
5.
6.
7.
8.
107'0 = Total Cover
50% of total cover:
20% of total cover: 'fib
Herb Stratum (Plot size:
70
2. b0 -e- %1 W4 v._
N C�i6l
3,--�--
4.
5.
6.
7.
8.
9.
10.
11.
12.
=Total Cover
50% of total cover: D% 20% of total cover: IVA
Woody Vine Stratum (Plot size:' )
1. J
L
2, V\`J-
Yom(,
3.�
4.
5.
= Total Cover
50% of total cover: �.�Io
20% of total cave r: ' o
Remarks: (If observed, list morphological adaptations below).
Total Number of Dominant
Species Across All Strata: (B)
Percent of Dominant Species
That Are OBL, FACW, or FAC: Q` (AB)
e index wo
Total %Cover of; MultiplVby:
OBL species x 1 =
FACW species x 2 =
FAC species
x 3 =
FACU species
x 4 =
UPL species
x 5 =
Column Totals:
(A)
Prevalence Index = BIA=
_ 1 - Rapid Test for Hydrophytic Vegetation
2 - Dominance Test is >50%
_ 3 - Prevalence Index is 53.0'
_ Problematic Hydrophytic Vegetation' (Explain)
(B)
'Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub -Woody plants, excluding vines, less
than 3 in. DBH and greaterthan 3.28 ft (1 m) tall.
Herb --All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 R tall.
Woody vine -All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present? Yes . No
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0

SOIL
Sampling Point:
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of Indicators.)
Depth Matrix Redox Features
(inches) Color (moist) °10 Color (moist) % Typ - Loc'
o-' ( 7-
7.Aa-
o
Texture Remarks
`AV- av✓'
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Indicators for Problemat€c Hydric Soils':
Histosol (Al)
_ Polyvalue Below Surface (S8) (LRR S, T, U)
_ 1 cm Muck (A9) (LRR O)
_ Histic Epipedon (A2)
_ Thin Dark Surface (S9) (LRR S, T, U)
_ 2 cm Muck (A10) (LRR S)
Black Histic (A3)
_ Loamy Mucky Mineral (F1) (LRR O)
_ Reduced Vertic (1`18) (outside MLRA 150A,13)
_ Hydrogen Sulfide (A4)
_ Loamy Gieyed Matrix (F2)
_ Piedmont Floodplain Soils (F19) (LRR P, S, T)
_ Stratified Layers (A5)
_ Depleted Matrix (F3)
Anomalous Bright Loamy Soils (F20)
_ Organic Bodies (A6) (LRR P, T, U)
_ Redox Dark Surface (F6)
(MLRA 1538)
_ 5 cm Mucky Mineral (A7) (LRR P, T, U)
_ Depleted Dark Surface (F7)
_ Red Parent Material (TF2)
_ Muck Presence (A8) (LRR U)
_ Redox Depressions (F8)
_ Very Shallow Dark Surface (TF1 2)
1 cm Muck (A9) (LRR P, T)
_ Mart (1`10) (LRR U)
_ Other (Explain in Remarks)
Depleted Below Dark Surface (All)
_ Depleted Ochric (F11) (MLRA 151)
Thick Dark Surface (Al 2)
_ Iron -Manganese Masses (F12) (LRR O, P, T)
31ndicators of hydrophytic vegetation and
Coast Prairie Redox (Al 6) (MLRA 150A)
_ Umbric Surface (F13) (LRR P, T, U)
wet€and hydrology must be present,
_ Sandy Mucky Mineral (S1) (LRR O, S)
_ Delta Ochric (F17) (MLRA 151)
unless disturbed or problematic.
Sandy Gleyed Matrix (S4) _ Reduced Vedic (Fl 8) (MLRA 150A, 1506)
Sandy Redox (S5) _ Piedmont Floodplain Soils (F19) (MLRA 149A)
_ Stripped Matrix (S6) _ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D)
_ Dark Surface (S7) (LRR P, S, T, U)
Type:
Depth (inches):
Hydric Soil Present? Yes No
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0

WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region
ProjecUSlte: 6jM,,rem � City/County: Sampling Date_ 23
ApplicantlOwner: -k 6J., L22-�- _ �_ State: tJ C. Sampling Point: W l-W61-
Investigator(s) t A -5V5 /rX LQ Section, Township, Range:
Landform (hillslope, terrace, etc.): rriye ZV'Q-, St�V''A0 Local relief (concave, convex, none): In0V`-9 - Slope (%) -0--L-11L&
Subregion (LRR or MLRA): Lat: Long; Datum:
Soil Map Unit Name: NWI classification:
Are climatic! hydrologic conditions on the site typical for this time of year? Yes 4-- No (If no, explain in Remarks.)
Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No
Are Vegetation , Soil , or Hydrology naturally problematic? (It needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophylic Vegetation Present?Yes No 1s the Sampled Area
Hydric Soil Present? Yes No within a Wetland? Yes No
Wetland Hydrology Present? Yes No
Remarks:
t,J1 i5 a r� r1V'e �s�cvu� lowlv�a� ects tD {- �✓tk6
HYDROLOGY
Primary indicators tminimum of one is renuired: check all that apply)
Surface Water (Al)
_ Aquatic Fauna (813)
]� High Water Table (A2)
'\
_ Marl Deposits (B115) (LRR U)
Saturation (A3)
Hydrogen Sulfide Odor (C1)
— Water Marks (81)
_ Oxidized Rhizospheres along Living Roots (C3)
— Sediment Deposits (B2)
Presence of Reduced Iron (C4)
Drift Deposits (83)
_ Recent Iron Reduction in Tilled Soils (C6)
_ Algal Mat or Crust (64)
_ Thin Muck Surface (C7)
Iron Deposits (35)
Other (Explain in Remarks)
y- Inundation Visible on Aerial Imagery (137)
Water -Stained Leaves (89)
Fiefd Observations:
Surface Water Present? YesNo
r
Depth (inches): T�
Water Table Present? Yes
No Depth (inches): 41 A�e- --
Surface Soil Cracks (136)
_ Sparsely Vegetated Concave Surface (68)
4
Drainage Patterns (1310)
7^� Moss Trim Lines (B 113)
Dry -Season Water Table (C2)
Crayfish Burrows (C8)
_ Saturation Visible on Aerial Imagery (Cg)
Geomorphic Position (D2)
_ ShallowAquitard (03)
FAC -Neutral Test (D5)
Sphagnum moss (D8) (LRR T, U)
Saturation Present? Yes 4— No Depth (inches): 5y Wetland Hydrology Present? Yes No
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0

VEGETATION (Four Strata) — Use scientific names of plants.
Absolute Dominant Indicator p�
Tree Stratum (Plot size: t ) ecies? Status
1.S o� a k QA 6Q ,� C,&,
2." I
3. 5 Apr -A N
4.
5.
G.
7.
8.
-Total Cover
50% of total cover: � Ie 20% of total cover: t �o
Ac,
tS V Ogt ,
J_ fA
7.
8.
Total Cover ' 1
50% of total cover: �0 20% of total cover:
Herb Stratum (Plot size:L )
1.
2, r i� Asn
3. t_
5,
6.
7.
Multiply by:
8.
x 1 =
9.
fA)
10,
�y
`
11.
1 (8)
12.
x 5 =
That Are OL, FCor FAC:
B3L, FAW,
Total Cover
50% of total cover:
22 t 20% of total cover; q °(0
Woody Vine Stratum (Plot size: t7
)
1.
f�
2. Io"Oy .rA
3. .��,w3��CaCL
4.
5,
= Total Cover
50% of total cover:
4, COIL) 20% of total cover: 3bw
Remarks: (If observed, list morphological adaptations below).
Sampling Point:
Dominance Test worksheet:
Multiply by:
Number of Dominant Species
x 1 =
That Are OBL, FACW, or FAC:
fA)
Total Number of Dominant
�y
`
Species Across All Strata:
1 (8)
Percent of n# Species
x 5 =
That Are OL, FCor FAC:
B3L, FAW,
(�)
Prevalence Index worksheet;
Total % Cover of:
Multiply by:
OBL species
x 1 =
FACW species
x 2 =
FAC species
x 3 =
FACU species
x 4 =
UPL species
x 5 =
Column Totals:
(A) (B)
Prevalence Index = B/A =
Hydrophytic Vegetation Indicators:
1 - Rapid Test for Hydrophytic Vegetation
2 - Dominance Test is }50%
_
-Prevalence Index is 53.0'
Problematic Hydrophytic Vegetation' (Explain)
'Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
nttions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub - Woody plants, excluding vines, less
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
Herb - All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 it tall.
Woody vine --All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present? Yes No
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0

SOIL
Sampling Point:
Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) _ % Color (moist) % Twe Loc Texture Remarks
oux L/ ton
lodf IC90
U
luf /00
'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand_ Grains, location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Si
Histosol (Al)
_ Polyvalue Below Surface (38) (LRR S, T, U)
_ 1 cm Muck (A9) (LRR 0)
Histic Epipedon (A2)
_ Thin Dark Surface (59) (LRR S, T, U)
_ 2 cm Muck (Al 0) (LRR S)
_ Black Histic (A3)
_ Loamy Mucky Mineral (F1) (LRR O)
_ Reduced Vertic (F18) (outside MLRA 150A,B)
_ Hydrogen Sulfide (A4)
_ Loamy Gleyed Matrix (F2)
— Piedmont Floodplain Soils (F19) (LRR P, S, T)
Stratified Layers (A5)
�L Depleted Matrix (173)
_ Anomalous Bright Loamy Soils (F20)
_ Organic Bodies (A6) (LRR P, T, U)
Redox Dark Surface (176)
(MLRA 15313)
_ 5 cm Mucky Mineral (A7) (LRR P, T, U)
4Depleted Dark Surface (177) _
Red Parent Material (TF2)
" Muck Presence (A8) (LRR U)
_ Redox Depressions (F8) `
Very Shallow Dark Surface (TF1 2)
— 1 cm Muck (A9) (LRR P, T)
_ Mari (Flo) (LRR U) —
Other (Explain in Remarks)
_ Depleted Below Dark Surface (Al 1)
_ Depleted Ochdc (Fl 1) (MLRA 1511)
— Thick Dark Surface (Al 2)
_ Iron -Manganese Masses (F12) (LRR 0, P, T)
31ndicators of hydrophytic vegetation and
__,_ Coast Pre iria Redox (Al 6) (MLRA 150A)
___, Umbric Surface (1713) (LRR P, T, U)
wetland hydrology must be present,
— Sandy Mucky Mineral (Si) (LRR O, S)
„ Delta Ochric (F 17) (MLRA 151)
unless disturbed or problematic.
_ Sandy Gleyed Matrix (S4) ,_,_, Reduced Vertic (Fl B) (MLRA 150A, 15013)
_ Sandy Redox (S5) _ Piedmont Floodplain Soils (Fl 9) (MLRA 149A)
_ Stripped Matrix (S6) ` Anomalous Bright Loamy Soils (1520) (M LRA 149A, 153C, 153D)
Dark Surface (S7) (LRR P, S, T, U)
Restrictive Layer (if observed):
Type:
Depth (inches):
Remarks:
Hydric Soil Present? Yes JA No
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region –Version 2.0

25 The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
│ September 2018

Appendix E
Conservation Easement Documents

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

SPACE ABOVE THIS LINE FOR RECORDER’S USE

PERMANENT CONSERVATION EASEMENT

THIS CONSERVATION EASEMENT (“Conservation Easement”) made this
day of , 201_ 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 (the “Property”);

WHEREAS, Grantee is a charitable, not-for-profit or educational corporation,
association, or trust qualified under § 501 (c)(3) and § 170 (h) of the Internal Revenue
Code, the purposes or powers of which include one or more of the purposes (a) – (d)
listed below;

(a) retaining or protecting natural, scenic, or open-space aspects of real
property;
(b) ensuring the availability of real property for recreational, educational,
or open-space use;
(c) protecting natural resources;
(d) maintaining or enhancing air or water quality.

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: add or delete as appropriate: wetlands, streams and riparian
buffers. The purpose of this Conservation Easement is to maintain streams, wetlands
and riparian resources and other natural values of approximately ___acres, more or
less, and being more particularly described in Exhibit B attached hereto and
incorporated fully herein by reference (the “Conservation Easement Area”), and
prevent the use or development of the Conservation Easement Area for any purpose
or in any manner that would conflict with the maintenance of its natural condition.
WHEREAS, the restoration, enhancement and preservation of the Conservation
Easement Area is a condition of the approval of the Mitigation Banking Instrument
(MBI) and Mitigation Plan for the ___________ Mitigation Bank, Department of the
Army (DA) Action ID Number SAW-_____________, entitled “Agreement to Establish
the ____________ Mitigation Bank in the _________ River Basin within the State of
North Carolina”, entered into by and between ___________ acting as the Bank Sponsor
and the Wilmington District Corps of Engineers (Corps), in consultation with the North
Carolina Interagency Review Team (IRT). The __________ Mitigation Site has been
approved by the Corps for use as a mitigation bank to compensate for unavoidable
stream and wetland impacts authorized by DA permits.

WHEREAS, Grantor and Grantee agree that third-party rights of enforcement
shall be held by the U.S. Army Corps of Engineers, Wilmington District (“Third-Party,” to
include any successor agencies), and may be exercised through the appropriate
enforcement agencies of the United States, and that these rights are in addition to, and
do not limit, the rights of enforcement under the Department of the Army instrument
number SAW- _____________ (“Mitigation Banking Instrument”), or any permit or
certification issued by the Third-Party.

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 Conservation Easement Area
described on Exhibit B, together with the right to preserve and protect the conservation
values thereof, as follows:

ARTICLE I.
DURATIONOF 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 Conservation Easement Area inconsistent with
the purpose of this Conservation Easement is prohibited. The Conservation
Easement Area shall be preserved in its natural condition and restricted from any
development that would impair or interfere with the conservation values of the
Conservation Easement Area.

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 Conservation Easement Area 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 Conservation
Easement Area.

C. Industrial, Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any rights of passage for such purposes are
prohibited.

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

E. Vegetation. There shall be no removal, burning, destruction, harming,
cutting or mowing of trees, shrubs, or other vegetation in the Conservation Easement
Area except as provided in the Mitigation Plan. Mowing of invasive and herbaceous
vegetation for purposes of enhancing planted or volunteer trees and shrubs approved
in the Mitigation Plan is allowable once a year for no more than five consecutive years
from the date on page 1 of this Conservation Easement, except where mowing will
negatively impact vegetation or disturb soils. Mowing activities shall only be performed
by ___________ and shall not violate any part of Item L of Article II.

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

G. Signage. No signs shall be permitted on or over the Conservation Easement
Area, except the posting of no trespassing signs, signs identifying the conservation
values of the Conservation Easement Area, signs giving directions or proscribing rules
and regulations for the use of the Conservation Easement Area and/or signs identifying
the Grantor as owner of the Conservation Easement Area.

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 Conservation Easement Area 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 Conservation Easement Area, except to restore natural topography or
drainage patterns. For purposes of restoring and enhancing streams and wetlands
within the Conservation Easement Area, ___________is allowed to perform grading,
filling, and excavation associated with stream and wetland restoration and
enhancement activities as described in the Mitigation Plan and authorized by
Department of the Army Nationwide Permit 27.

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 other than for
temporary or occasional access by the Enter Sponsor Name, the Grantee, its
employees and agents, successors, assigns, and the Corps for purposes of
constructing, maintaining and monitoring the restoration, enhancement and
preservation of streams, wetlands and riparian areas within the Conservation
Easement Area..

M. Other Prohibitions. Any other use of, or activity on, the Conservation
Easement Area which is or may become inconsistent with the purposes of this grant,
the preservation of the Conservation Easement Area 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 Conservation Easement Area
for all purposes not inconsistent with this Conservation Easement, including, but not
limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights
of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement
Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement
Area, 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.

Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its
successors and assigns, including __________ acting as the Bank Sponsor, the right to
construct and perform activities related to the restoration, enhancement, and
preservation of streams, wetlands and riparian areas within the Conservation
Easement Area in accordance with the approved ___________ Mitigation Plan, and the
Mitigation Banking Instrument described in the Recitals of this Conservation
Easement.

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 and Conservation Easement Area at all
reasonable times for the purpose of inspecting the Conservation Easement Area 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, Enter Sponsor Name, and its authorized representatives,
successors and assigns, and the Corps shall also have the right to enter and go upon the
Conservation Easement Area 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, and the Corps are
allowed to prevent any activity on or use of the Conservation Easement Area that is
inconsistent with the purposes of this Easement and to require the restoration of such
areas or features of the Conservation Easement Area 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 terms 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 rights and privileges as the said Grantee to enforce the terms and
conditions of this Conservation easement.

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
Conservation Easement Area 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 Conservation Easement Area 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 Conservation Easement Area. The Grantor agrees to
provide written notice of such transfer at least sixty (60) 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 Conservation
Easement Area 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 pursuant to 33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34 et seq. and § 501 (c)(3)
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. The Mitigation Banking Instrument: MBI
with corresponding Mitigation Plan, and this Conservation Easement 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, except
those incurred after the date hereof, which are expressly subject and subordinate to the
Conservation Easement. 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. Long-Term Management. If livestock operations will be maintained on the
property, Grantor is responsible for all long-term management activities associated
with fencing to ensure livestock do not have access to the Protected Property. These
activities include the maintenance and/or replacement of fence structures, as deemed
necessary by the Grantee, to ensure the aquatic resource functions within the
boundaries of the Protected Property are sustained.

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

H. Eminent Domain. Whenever all or part of the Conservation Easement Area
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.

I. Proceeds. This Conservation Easement constitutes a real property interest
immediately vested in Grantee. In the event that all or a portion of the Conservation
Easement Area 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 as determined at the time of the
extinguishment or condemnation.

J. 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 Sponsor:

To the Corps:
US Army Corps of Engineers
Wilmington District Regulatory Division
69 Darlington Avenue
Wilmington, NC 28403

K. 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.

L. 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.

M. Present Condition of the Conservation Easement Area. The wetlands, scenic,
resource, environmental, and other natural characteristics of the Conservation
Easement Area, and its current use and state of improvement, are described in Section
____ of the Mitigation Plan, 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 Conservation Easement Area 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
Conservation Easement Area 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]
The Middle Neuse Stream and Wetland Umbrella Mitigation Bank │ Craven 1 Site Mitigation Plan – DRAFT
September 2018 │
26

Appendix F
Performance Bond

Maintenance and Monitoring
Performance Bond
Bond No. Penal Sum: $
Know All Men By These Presents,
That we, [name] of [address] (hereinafter called the Principal), as Principal, and [bonding
company] with an office at [address], a corporation duly organized under the laws of the State of
[state] (hereinafter called the “Surety”), as Surety, are held and firmly bound unto the U.S. Army
Corps of Engineers, Wilmington District, (hereinafter called the “USACE”) and the [name
and address of party that will receive the funds in the event of default], (hereinafter called
the “Obligee”), up to the maximum penal sum of [amount] Dollars ($ amount) (hereinafter
called the “Maximum Penal Sum”), for the payment of which we, the Principal and the Surety,
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, the Principal has entered into the Middle Neuse Stream and Wetland Umbrella
Mitigation Banking Instrument (hereinafter called the “MBI”) with the USACE, dated the
_______ day of __________, ___________, which includes the Final Mitigation Plan for the
[name of mitigation site] (the “FMP”) to ensure that aquatic resources within the boundaries of
the mitigation site will be [enter appropriate activities (ex. restored, enhanced, monitored).]
WHEREAS, the principal promised to deliver to the USACE and the Obligee a Bond substantially
in the form hereto upon completion and compliance with construction and other criteria of the
UMBI, FMP, and permits.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that this Bond will
not be released in whole or in part until the Principal receives written verification from the
USACE that the conditions for release in the FMP have been fully met. If the above bounden
Principal shall meet the final performance standards as defined in the FMP, then this obligation
shall be null and void; otherwise it shall remain in full force and effect. This bond is subject to
the following conditions:
1) This bond shall remain in full force and effect for a period of [number] years. [If the bond
will be reduced on an annual basis, include the following statement and fill in the columns
below.] The Maximum Penal Sum of this bond may be reduced by the USACE, by these
scheduled amounts:
Year Reduction Revised Penal Sum
1 $ $
2 $ $
3 $ $
4 $ $
5 $ $
6 $ $
7 $ $
2)USACE shall issue a full and final release of this Bond when the [enter event. Ex:
construction activities are complete and/or seven year monitoring period is complete; all
monitoring reports have been submitted and have been approved by the USACE; and the
success criteria identified in the FMP have been achieved and approved by the USACE.]
This Bond shall not be released in whole until the Principal receives written verification from the
USACE that all the conditions for release have been satisfied.
3)If any payment under this Bond, as set forth in subsection 4 (b) below, is made, then the
outstanding penal sum of the Bond shall be reduced by the corresponding amount of such
payment. Notwithstanding anything contained herein to the contrary, the aggregate liability of
the Surety is limited to the Maximum Penal Sum stated above, regardless of the number or
amount of claims brought against this bond and regardless of the number of years this bond
remains in effect. The USACE shall issue a full and final release of this Bond and any and all of
Surety’s obligations hereunder when Surety has tendered payment in whole, or in parts equal to
the aggregate sum, of the Maximum Penal Sum of this Bond.
4)The Surety’s obligation under this Bond shall arise after the USACE has notified the
Principal of their failure to abide by, or cure default conditions related to, the terms and
conditions of the FMP. Upon notice of the Principal’s default under the FMP, the Surety, in its
sole discretion and notwithstanding any of the provisions of the above, shall remedy the
Principal’s default by taking action under 4) a) or 4) b) below. In the event that the Surety either
fails to respond to USACE’s notice of default within thirty (30) business days of receipt of said
notice, or fails to honor Surety’s commitments under this bond to the full satisfaction of the
USACE, then Surety shall remedy such default in accordance with subsection 4) c) below:
a) Remedy the default of the Principal to the full satisfaction of the USACE by a
reasonable date determined by the USACE; or
b)Immediately tender to the Obligee, that portion of the Maximum Penal Sum that the
Obligee determines, in their discretion, is due and owing and necessary to remedy the
default. If payment is tendered to the Obligee under this subsection, the Obligee shall
immediately become a Surety or Sureties to this Bond, or
c)In the event that the Surety fails to respond within thirty (30) business days to the
USACE’s notice of default, or to honor commitments to the full satisfaction of the
USACE under paragraph a) or b) of this section within a reasonable time to be
determined by the USACE, the remaining portion of the Maximum Penal Sum may, at
the election of the Obligee, immediately become due and owing and paid to the Obligee.
The Obligee under this paragraph shall immediately become a Surety or Sureties under
this bond for the remaining term of the bond.
5) Surety shall have no obligation to the Principal, USACE, the Obligee, or any other person
or entity for any loss suffered by the Principal, USACE, the Obligee, or any other person or
entity by reason of acts or omissions which are or could be covered by the Principal’s
general liability insurance, products liability insurance, completed operations insurance or any
other insurance. Under no c ircumstance shall the USACE be responsible to arbitrate any
insurance claims made, declined or disputed under this Bond.
6)The Surety hereby waives notification of amendments to the UMBI, permits, applicable
laws, statutes, rules, and regulations, and agrees that no such amendment shall in any way
alleviate its obligation on this Bond.
NOTWITHSTANDING ANYTHING CONTAINED IN THE AGREEMENT TO THE
CONTRARY, THE LIABILITY OF THE PRINCIPAL AND SURETY UNDER THIS BOND IS
LIMITED TO THE TERM BEGINNING THE DAY OF , 20 , AND
ENDING THE DAY OF , 20 . AND
ANY EXTENSIONS OR RENEWALS OF THE REFERENCED AGREEMENT SHALL BE
COVERED UNDER THIS BOND ONLY WHEN CONSENTED TO IN WRITING BY THE
SURETY. IT IS FURTHER AGREED THAT THE REFUSAL BY THE SURETY TO EXTEND
THE TERM OF THIS BOND SHALL NOT CONSTITUTE A DEFAULT BY THE
PRINCIPAL, AND SHALL NOT GIVE RISE TO A CLAIM OR DEMAND AGAINST THE
SURETY UNDER THIS BOND.
In accordance with 33 C.F.R. § 332.3(n)(5), the Surety shall provide the USACE and the Obligee
written notification at least 120 days in advance of termination, revocation, or modification of
this Bond.
No right of action shall accrue on this bond to or for the use of any person or corporation other
than the USACE or the Obligee named herein, or their successors or assigns.
The above-bounden parties have executed this instrument under their several seals, dated this
____ day of ______________, 2016, the name and corporate seal of each corporate party being
affixed and these presents duly signed by its undersigned representative, pursuant to authority of
its governing body.
Principal: Weyerhaeuser NR Company
By:
[enter name and title]
Surety: [bond company]
By:
Attorney-in-Fact
Obligee: [name of person to receive
funds]
By:
Director or Acting Director