20140044 Ver 1_Mitigation Plans_20140312

To: Eric Kulz, NC DWR
From: Heather Smith, Project Manager, EEP
RE: Revised Draft Final Mitigation Plan
Hofler
EEP Project #: 95355
Chowan 03010203, Gates County
Date: March 10, 2014
Here are two hardcopies of the Draft Final Mitigation Plan for the Hofler Wetland Restoration Project for
your review. This document was posted on the EEP Portal, March 6, 2014. Please forward to the
appropriate DWR Field Representative for their review.

MITIGATION PLAN
Hofler Property
Gates County, North Carolina
EEP Project ID #: 95355
EEP Contract #: 004628
Chowan River Basin
CU 03010203
USACE Action ID #: SAW- 2012 -01393
Prepared for:
i
0systoll
I -AA i(It, A&A
NC Department of Environment and Natural Resources
Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699 -1652
RECEIVED
, i 0 2014
ECOSYSTEM
EN P"� CEMENT PRGGRAM

MITIGATION PLAN
Hofler Property
Gates County, North Carolina
EEP Project #: 95355
EEP Contract #: 004628
Chowan River Basin
CU 03010203
USACE Action ID #: SAW- 2012 -01393
Prepared for:
rN
F�as'.Ysteni
f'hf)GRAM
NC Department of Environment and Natural Resources
Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699 -1652
Prepared by:
AL BEMARL E RES TORA TIONS
WETLAND RESTORATION,
STREAM RESTORATION, &
WILDLIFE HABITAT CREATION
Albemarle Restorations, LLC
P.O. Box 176 — Fairfield, NC 27826
p (252) 333 -0249 f (252) 926 -9983
August, 2013
Revised March, 2014
NCEEP Mitigation Template version 2.0 101112010

EXECUTIVE SUMMARY
This mitigation plan has been written ►n 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)
• NCDENR Ecosystem Enhancement Program In -Lieu Fee Instrument signed and dated July
28, 2010
These documents govern NCEEP operations and procedures for the delivery of compensatory mitigation
The North Carolina Department of Environment and Natural Resources Ecosystem Enhancement
Program has selected 27 acres situated on 345 19 acres of the property owned by S &M Farms, LLC for
this full delivery contract, for wetland restoration to fulfill a portion of the Request for Proposals (RFP)
Full Delivery Project Chowan River Basin, RFP 16- 004103 The RFP and subsequent contract(s) awarded
by EEP provide compensatory wetland mitigation within the Chowan River Basin Cataloging Unit
03010203 Albemarle Restorations, LLC entered into a contract with the State of North Carolina on
May 24, 2012 to deliver 23 non - riparian wetland mitigation units on the Hofler project site An option to
purchase a conservation easement on the project area was recorded on the 27 acres encompassing this
project on August 11, 2011 at the Gates County Tax Office and is provided in Appendix A
Albemarle Restorations, LLC proposes to create 23 acres of non - riparian Wetland Mitigation Units on the
Hofler Property located within the northeast quadrant of the intersection between Water Swamp Road
and Silver Springs Road, in Gates County, North Carolina The Hofler Property is in the Bennett's Creek
local watershed (USGS Cataloging Unit 03010203040040), which is currently listed as "supporting" as
noted in the 2007 Chowan River Basinwide Water Quality Plan
The site consists of a rectangular tract of land that has been ditched and drained for agricultural
production since at least 1938 (Exhibits F, G, H) The site contains hydric soils and is currently a cotton
field Two ditches located along the eastern and western project limits drain the site from south to north
into a feeder ditch which flows directly into Lassiter Swamp, upstream of Merchants Mill Pond No
remnant wetland communities exist on site and no impacts to wetlands or riparian buffers will occur
due to the restoration project
NCEEP Mitigation Template version 2 0 10/1/2010

Table of Contents
1 RESTORATION PROJECT GOALS AND OBJECTIVES
5
2 SITE SELECTION
7
2 1 Directions to Site
7
2 2 Site Selection
7
2 10 Site Photographs (Exhibit 1)
16
3 SITE PROTECTION INSTRUMENT
17
3 1 Site Protection Instrument Summary Information
17
4 BASELINE INFORMATION
19
4 1 Project Watershed Summary Information
19
4 2 Wetland Summary Information
19
4 3 Regulatory Considerations
19
5 DETERMINATION OF CREDITS
20
6 CREDIT RELEASE SCHEDULE
21
7 MITIGATION WORK PLAN
23
7 1 Target Stream Type(s), Wetland and Plant Communities
23
7 2 Design Parameters
23
7 3 Narrative of Data Analysis
24
8 MAINTENANCE PLAN
26
9 PERFORMANCE STANDARDS
27
10 MONITORING REQUIREMENTS
28
11 LONG -TERM MANAGEMENT PLAN
30
12 ADAPTIVE MANAGEMENT PLAN
30
13 FINANCIAL ASSURANCES
31
14 OTHER INFORMATION
31
14 1 DEFINITIONS
31
14 2 REFERENCES
31
NCEEP Mitigation Template version 2 0 10/1/2010

1. RESTORATION PROJECT GOALS AND OBJECTIVES
EEP develops River Basin Restoration Priorities to guide its restoration activities within each of the state's
54 cataloging units. RBRPs delineate specific watersheds that exhibit both the need and opportunity for
wetland, stream and riparian buffer restoration. These watersheds are called Targeted Local Watersheds
(TL Ws) and receive priority for EEP planning and restoration project funds.
The 2009 Chowan River Basin Restoration Priorities identified the Bennett's Creek Watershed (HUC:
030102040040) as a Targeted Local Watershed (Chowan River Basin Restoration Priorities May 2009).
The watershed is characterized by 72% forested and 22% agricultural area with 18% of the TLW's
streams unbuffered.
The 2009 Chowan River Basin RBRP identified nutrients and sediment loading in addition to streambank
erosion as major stressors within this TLW. The Hofler Property Project was identified as a wetland and
riparian restoration opportunity to improve water quality, hydrology, and terrestrial wildlife and
anadromous fish habitat within the TLW. The primary objective of this project is to restore the site to a
wetland complex representative of the surrounding Hardwood Flats and Non - Riverine Swamp Forest
wetland communities.
The project goals address stressors identified in the TLW and include the following:
Goals outlined by the EEP in the "Chowan River Basin Restoration Priorities ":
• Implementing stream and wetland restoration projects that reduce sedimentation, nutrient
pollution and surface runoff
• Working with local landowners to protect and restore watersheds through restoration and
preservation projects
• Restore and protect sensitive aquatic resources by improving habitat and species diversity
through the restoration of wetlands, streams and riparian buffers
Goals specific to the Bennett's Creek TLW:
• Reduce sediment and nutrient loading from agricultural runoff
• Improve downstream anadromous fish habitat and onsite wildlife habitat
• Restore groundwater and surface water hydrology in heavily ditched areas
• Increase unfragmented forest areas by restoring forested wetlands and riparian buffers
• Restore natural drainage patterns where appropriate
The project goals will be addressed through the following project objectives:
• Enhance water quality by providing shading from forest cover, which will reduce thermal
impacts associated with excess algae growth and decreased dissolved oxygen concentrations
• Slow runoff rates and provide storage and desynchronization of overland flow before it reaches
Lassiter Swamp, located directly north of the project, by restoring the wetland complex
NCEEP Mitigation Template version 2.0 101112010
5

• Provide nutrient attenuation and uptake by restoring dense vegetation interspersed with
shallow diffuse flows, thus improving downstream habitat
• Provide minimal earthwork and disturbance, as determined through preliminary site analyses,
to the area to accomplish designed wetland topography
• Impact existing ecological communities as little as possible No remnant wetland communities
exist on site and no impacts to wetlands or riparian buffers will occur due to the restoration
project
NCEEP Mitigation Template version 2 0 10/1/2010

2. SITE SELECTION
2.1 Directions to Site
The proposed project, Hofler Property, consists of 27.0 acres situated on a 345.19 acre property located
within the northeast quadrant of the intersection between Water Swamp Rd. and Silver Springs Rd. in
the central region of Gates County, NC (Exhibit A). More specifically, the project lies approximately 2.40
miles west- southwest of the town of Sunbury, 6 miles east of the town of Gatesville, 6.3 miles north of
the town of Mintonsville, and within 0.50 miles south of the Merchants Mill Pond State Park (Exhibit A).
The site can be accessed by heading south on Route 32 from the town of Sunbury then taking a right
onto Sliver Springs Road. The project is located on the right hand side approximately 2 miles west of the
intersection with Route 32.
2.2 Site Selection
The site has been chosen for various reasons including but not limited to: location in the Bennetts Creek
TLW (HUC: 03010203040040), adjacent to Merchants Mill Pond State Park (MMPSP) and ease of
restoration. Approximately 30% of the TLW is designated as Significant Natural Heritage Area including
Merchants Mill Pond State Park (2009 Chowan River Basin Restoration Priorities).
As with most agricultural lands within this watershed, prior - converted wetlands have been extensively
ditched and drained thus lowering the local water table and diminishing aquatic habitat and water
quality. The site drains from south to north to an unnamed tributary of Lassiter Swamp due to ditching
and Bennetts Creek upstream of Merchants Mill Pond. In its current condition, the site is actively
farmed for cotton, corn, soybeans and wheat. The project area along with the surrounding areas has
undergone expansive hydrologic alterations and excessive sediment and nutrient inputs from
agricultural production. As a result, the lowering of local water tables, and in some cases, the complete
elimination of ground and surface water interaction has occurred leading to water quality degradation.
Site photographs taken during the preliminary site analysis are provided in Exhibit I. Historic aerial
photographs from 1938, 1958, 1981 (Exhibits F, G, H) are also provided to help demonstrate that land
use has remained constant while drainage patterns have been continuously altered to provide adequate
drainage for agricultural production.
An in depth soil investigation was completed in August of 2011 by a state certified soil scientist which
documents the existence of hydric soils within the entire project area. A soil report, soil boring logs, and
a reference map are provided in Appendix C.
The plant species chosen for the project will be native to the area, and an emphasis will be placed on
installing species that will provide a viable, yearlong food source for a wide range of animal and plant
species. The nearby forested wetlands and swamps are home to wild turkeys, bear, whitetail deer,
raccoon, squirrel, fox, migrating waterfowl, and a wide variety of amphibian and reptile species. The
project is intended to provide food and habitat.
NCEEP Mitigation Template version 2.0 101112010
7

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ALBEMARLE RESTORATIONS, LLC EXHIBIT B HOFLER PROPERTY
WETLAND RESTORATION, PROJECT ID: 95355
STREAM RESTORATION, CONTRACT # 004628
& WILDLIFE HABITAT CREATION WATERSHED MAP CHOWAN RIVER BASIN li'cosysrey„
e0. BOX 176 FAlPfIE�D NC 27826 CHOCOWINITY CREEK TLW
(252)333 -0249 FAx[phone] (HUC: 03010203040040)

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Parcel Boundary
Project Limits
® Drainage Area
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Feet Copyright:© 2013 National Geographic Society, i -cubed
ALBEMARLE RESTORATIONS, LLC
EXHIBIT C SCALE: 1 inch = 500 feet
HOFLER PROPERTY
WETLAND RESTORATION, PROJECT ID: 95355
DRAINAGE MAP
STREAM RESTORATION, CONTRACT # 004628 r-'
& WILDLIFE HABITAT CREATION CHOWAN RIVER BASIN
P0, BOX 116FAIRFIELD, NC 22826 BENNE17S CREEK BASIN
i'.ccny�teilt
(252)333 -0249 F4A" (2s2)926 -998.3 (HUC: 03010203040040)

5
ti
Legend
r Parcel Boundary
Project Limits
ALBEMARLE RESTORATIONS, LLC
WETLAND RESTORATION,
STREAM RESTORATION,
& WILDLIFE HABITAT CREATION
P.O. BOX 176 FAIRFIELD, NC 27826
(252)333 -0249 FAX [phone]
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w' .� ` -;� �� � .i ` ,_�►i �. „„�Y- �. }'- �.,��" `.:.may. _
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EXHIBIT F
SCALE: 1 inch = 500 feet
HOFLER PROPERTY
HISTORICAL
PROJECT ID: 95355
~
CONTRACT # 004628
CONDITIONS
CHOWAN RIVER BASIN
Nxfem
BENNETTS CREEK TLW
Illl t`liit'It
1981
(HUC: 03010203040040)

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ALBEMARLE RESIvr «1 i)uNS, LLC
WETLAND RESTORATION,
STREAM h VA DUFF HABITAT CREATION
P.O. BOX 176 • FAMMED, NC 27825
(252) &%3 -0249 • FAX [phone]
EXHIBIT H
HISTORICAL
CONDITIONS
1938
LEGEND
Parcel Boundary
Project Limits
Scale: N.T.S.
HOFLER PROPERTY
PROJECT ID:
CONTRACT # 004620462 8
CHOWAN RIVER BASIN
[AMS
BENNETTS CREEK TLW
Y ,
(HUC:03010203040040)
" "'

2.10 Site Photographs (Exhibit 1)
k+ .
wx
Photo # 1: Drainage ditch (eastern) looking North towards
Merchant Millpond State Park (MMSP) at junction with field
ditch (August, 2011).
NCEEP Mitigation Template version 2.0 101112010
Photo #4: Drainage ditch facing North showing water
movement South demonstrating topographic "bowl" feature
(August, 2011).
16

3. SITE PROTECTION INSTRUMENT
3.1 Site Protection Instrument Summary Information
The land required for the construction, management and stewardship of this mitigation project includes
portions of the following parcels. A copy of the land protection instrument(s) is included in the
appendices.
When available, the recorded document(s) will be provided. Appendix A contains the template
documents that will be completed once the conservation easement is recorded.
All site protection instruments require 60 -day advance notification to the Corps and the State prior to any
action to void, amend, or modify the document. No such action shall take place unless approved by the
State.
NCEEP Mitigation Template version 2.0 10/1/2010
17
Landowner
PIN
County
Site Protection
Instrument
Deed Book and
Page Number
Acreage
Protected
Parcel A
S &M Farms, LLC
0600422
Gates
Conservation
Gates County Tax
27.0 AC
Easement
Office, Register of
Deeds, Deed
Book 286, page
306 (option to
purchase)
When available, the recorded document(s) will be provided. Appendix A contains the template
documents that will be completed once the conservation easement is recorded.
All site protection instruments require 60 -day advance notification to the Corps and the State prior to any
action to void, amend, or modify the document. No such action shall take place unless approved by the
State.
NCEEP Mitigation Template version 2.0 10/1/2010
17

I
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ALBEMARLE RESTORATIONS, LLC
EXHIBIT J
WETLAND RESTORATION,
STREAM RESTORATION,
SITE PROTECTION
EC.TION
& WILDLIFE HABITAT CREATION
i'Ai)�y�lelrl
BENNETTS CREEK BASIN
INSTRUMENT FIGURE
P.O. BOX 176 FAIRFIELD, NC 27826
(252)333 -0249 FAX [phone]
71
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Legend
Hofler Property
Easement Boundary
� F
_ -y
ALE: 1 inch = 1,000 feet
HOFLER PROPERTY
PROJECT ID: 95355
CONTRACT # 004628
CHOWAN RIVER BASIN
i'Ai)�y�lelrl
BENNETTS CREEK BASIN
(HUC:03010203040040)

4. BASELINE INFORMATION
Project information
Project name
HOFLER PROPERTY
County
GATES
Project Area (ac)
27.0 AC
Project Coordinates (Lat and Long)
+36° 25'48.44", -76° 39' 10.91"
4.1 Project Watershed Summary Information
Physiographic province
INNER COASTAL PLAIN
River basin
CHOWAN RIVER BASIN
USGS Hydrologic Unit 8 -digit 03010203
USGS Hydrologic Unit 14 -digit 1 03010203040040
DWQSub -basin
BENNETTS CREEK LOCAL WATERSHED
Project Drainage Area (acres)
103.8
Project Drainage Area Percentage of Impervious Area
5%
CGIA Land Use Classification
2.01.01.07 Annual Row Crop Rotation
4.2 Wetland Summary Information
Parameters
Wetland 1
Wetland 2
Wetland 3
Size of Wetland (acres)
23.0
Wetland Type (non- riparian, riparian riverine or riparian non-
riverine)
Non - riparian
Mapped Soil Series
BnA & PnA
Drainage Class
Poorly drained &
very poorly drained
Soil Hydric Status
Hydric
Source of Hydrology
Surface and Ground
Hydrologic Impairment
44.8' to 155.2'
Native Vegetation Community
Pasture /Crop
Percent Composition of Exotic Invasive Vegetation
N/A
4.3 Regulatory Considerations
Regulation
Applicable?
Resolved?
Supporting
Documents
Waters of the United States — Section 404
YES
YES
Appendix B
Waters of the United States — Section 401
YES
YES
Appendix B
Endangered Species Act
NO
YES
Appendix B
Historic Preservation Act
NO
YES
Appendix B
Coastal Zone Management Act (CZMA)/ Coastal Area
Management Act (CAMA)
NO
YES
Appendix B
FEMA Floodplain Compliance I
NO
YES
I Appendix B
Essential Fisheries Habitat I
NO
YES I
Appendix B
NCEEP Mitigation Template version 2.0 10/1/2010
19

5. DETERMINATION OF CREDITS
Mitigation credits presented in these tables are projections based upon site design. Upon completion of
site construction the project components and credits data will be revised to be consistent with the as-
built condition.
Hofler Property, Gates County
EEP Project Number: 95355; EEP Contract Number: 004628
Mitigation Credits
Stream
Riparian wetland
Non- riparian
wetland
Buffer
Nitrogen
Nutrient
Offset
Phosphorous
Nutrient
Offset
Type
R
RE
R
RE
R
RE
Totals
23.0
Project Components
Project
Component
or Reach ID
Stationing /Location
Existing
Footage /Acreage
Approach
(PI, PH etc.)
Restoration
or
Restoration
Equivalent
Restoration
Footage or
Acreage
Mitigation
Ratio
Wetland 1
23 acres
Restoration
23 acres
1:1
Component Summation
Restoration Level
Stream
(linear feet)
Riparian Wetland
(acres)
Non - riparian
Wetland (acres)
Buffer
(square feet)
Upland
(acres)
Riverine
Non -
riverine
Restoration
23.0
NCEEP Mitigation Template version 2.0 101112010
20

6 CREDIT RELEASE SCHEDULE
All credit releases will be based on the total credit generated as reported by the as -built survey of the
mitigation site. Under no circumstances shall any mitigation project be debited until the necessary DA
authorization has been received for its construction or the District Engineer (DE) has otherwise provided
written approval for the project in the case where no DA authorization is required for construction of the
mitigation project. The DE, in consultation with the Interagency Review Team (IRT), will determine if
performance standards have been satisfied sufficiently to meet the requirements of the release schedules
below. In cases where some performance standards have not been met, credits may still be released
depending on the specifics of the case. Monitoring may be required to restart or be extended, depending
on the extent to which the site fails to meet the specified performance standard. The release of project
credits will be subject to the criteria described as follows:
Forested Wetlands Credits
Monitoring
Year
Credit Release Activity
Interim
Release
Total
Released
0
Initial allocation — see requirements below
30%
30%
1
First year monitoring report demonstrates performance standards are being met
10%
40%
2
Second year monitoring report demonstrates performance standards are being met
10%
50%
3
Third year monitoring report demonstrates performance standards are being met
10%
60%
4
Fourth year monitoring report demonstrates performance standards are being met
10%
70%
5
Fifth year monitoring report demonstrates performance standards are being met;
Provided that all performance standards are met, the IRT may allow the NCEEP to
discontinue hydrologic monitoring after the fifth year, but vegetation monitoring
must continue for an additional two years after the fifth year for a total of seven
ears.
10%
80%
6
Sixth year monitoring report demonstrates performance standards are being met
10%
90%
7
Seventh year monitoring report demonstrates performance standards are being
met, and ro ect has received close -out a roval
10%
100%
Initial Allocation of Released Credits
The initial allocation of released credits, as specified in the mitigation plan can be released by the NCEEP
without prior written approval of the DE upon satisfactory completion of the following activities:
a. Approval of the final Mitigation Plan
b. Recordation of the preservation mechanism, as well as a title opinion acceptable to the USACE
covering the property
c. Completion of project construction (the initial physical and biological improvements to the
mitigation site) pursuant to the mitigation plan; Per the NCEEP Instrument, construction means
that a mitigation site has been constructed in its entirety, to include planting, and on os -built
report has been produced. As -built reports must be sealed by an engineer prior to project
closeout, if appropriate but not prior to the initial allocation of released credits.
d. Receipt of necessary DA permit authorization or written DA approval for projects where DA permit
issuance is not required.
NCEEP Mitigation Template version 2.0 10/1/2010
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Subsequent Credit Releases
All subsequent credit releases must be approved by the DE, in consultation with the IRT, based on a
determination that required performance standards have been achieved For stream projects a reserve of
15% of a site's total stream credits shall be released after two bank full events have occurred, in
separate years, provided the channel Is stable and all other performance standards are met In the event
that less than two bank full events occur during the monitoring period, release of these reserve credits
shall be at the discretion of the IRT As projects approach milestones associated with credit release, the
NCEEP will submit a request for credit release to the DE along with documentation substantiating
achievement of criteria required for release to occur This documentation will be Included with the
annual monitoring report
NCEEP Mitigation Template version 2 0 10/1/2010
22

7. MITIGATION WORK PLAN
The mitigation plan will include studies of nearby swamp run systems which will be used as "reference"
systems.
7.1 Target Stream Type(s), Wetland and Plant Communities
Reference data was collected from adjacent unaltered wetland systems including the Hardwood Flats
adjacent to Lassiter Swamp to utilize as a grading template for design. Vegetation will be chosen to
create diverse wetland communities including Hardwood Flats and Non - Riparian Swamp Forest (NC
WAM Version 4.1). In selecting vegetation, we evaluated reference wetland areas adjacent to the site
and "Dominant Plants for Major Wetland Types" published by the North Carolina Department of
Environment Water Quality Section. Species chosen will be native to the area with an emphasis placed
on installing species that will provide a viable, yearlong food source for a wide range of animal and plant
species. The adjacent forested wetlands and swamps are home to wild turkeys, bear, whitetail deer,
raccoon, squirrel, fox, migrating waterfowl, and a wide variety of amphibian and reptile species. The
project is intended to provide food, habitat, and travel corridors to complement and enhance the
existing ecosystem. The project easement boundaries will be surveyed and clearly marked according
guidelines developed by EEP and sheet B -1 of the Mitigation Plan set.
7.2 Design Parameters
The goal of the proposed restoration plan is to restore a prior converted nonriparian wetland system.
The restoration plan, provided in Appendix D, calls for the restoration of 23.0 acres of non - riparian
wetlands within the project area. Restoration will balance cut and fill with minimal grading (average of
0.2 foot). In areas where the field crowns, the elevation will be lowered to 33.8 feet. Lowering the
ground elevation to 33.8 feet will minimize excess cut while creating a uniform ground surface elevation
to evenly distribute surface hydrology and providing a sustained hydroperiod at or within 12" of the soil
surface. An in -depth soil investigation revealed a presence of soils capable of supporting wetlands just
below the soil surface. Results of this soil analysis can be found in Appendix C.
Hydrologic Modifications: The site contains two ditches located along the eastern and western project
limits that drain from south to north into a feeder ditch which flows directly into the Lassiter Swamp
portion of Merchants Mill Pond. Hydrologic modifications on site include filling in existing drainage
ditches, installing ditch plugs at outlets and removing field crowns. Grading methods will restore various
hydrologic regimes ranging from shallow inundated areas to intermittently saturated conditions and
restore diffuse flow patterns through what will ultimately be a forested wetland. The proposed wetlands
have been designed to replicate the natural hydrology of nearby reference wetlands. The seasonally
high water table historically found on the site will maintain saturated soils throughout significant
periods during the growing season. Previous wetland mitigation for non - riparian wetlands approved by
the Corps for a similar landscape position to this project were used to develop the hydrologic success
criteria of 6% or greater. Therefore, non - riparian wetlands with 6% or greater hydroperiods will be
considered successful based on the analysis of annual water budgets for the site (see 7.3 Data Analysis).
NCEEP Mitigation Template version 2.0 10/1/2010
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Plant Community Restoration: The plant species chosen for the project are native to the area, with an
emphasis on species that will provide habitat and a viable, yearlong food source for a wide range of
animal and plant species. The project is intended provide food and habitat to complement and enhance
the existing ecosystem. Hydrophytic species shown on the planting plan were selected to create a
diverse forested wetland community. Invasive and exotic species will not be planted on the site. Any
invasive or exotic species found on the site will be removed through physical or chemical means during
the planting phase. In selecting vegetation, we have considered reference non - riparian wetland areas
adjacent to the site and "Dominant Plants for Major Wetland Types" published by the North Carolina
Department of Environment Water Quality Section. Sheet P -2 contains detailed planting and seeding
schedules for the site.
Soil Retention: Soils found in the project area currently exhibit hydric characteristics and will remain.
Large woody debris encountered within the project area will be placed throughout the restored
wetlands to add variety to soil conditions and encourage diversity of volunteer species.
7.3 Narrative of Data Analysis
Annual Water Budget: An annual water budget was used to model existing hydrology in terms of
hydrologic inputs and outputs in order to calculate the change in monthly storage. Historic climate data
from the NOAA's National Climatic Data Center was used. Temperature and precipitation data was
obtained from the Elizabeth City station (GHCND:USC00312719), located approximately 30 miles to the
southeast of the project site, the closest station with the longest recording period. Precipitation data
was reviewed and three years were selected to represent a dry (1995), typical (1984) and wet (1996)
year.
Existing Conditions: Inputs into the water budget were precipitation, surface water, and groundwater.
Precipitation data for the three representative years was analyzed and used in the water budget.
Surface water inputs were calculated using the USDA Soil Conservation Service runoff coefficient
equation (USDA, SCS 1986). Groundwater inputs likely exist but have not been quantified and therefore
are assumed to be zero as a conservative estimate. Outputs into the water budget include potential
evapotranspiration, surface water and ground water. Potential evapotranspiration was calculated by the
Thornthwaite method using mean monthly air temperature for the representative years chosen.
Surface water output was assumed to be equal to surface water inputs since no surface storage is
present and existing ditches divert water off site. A mean monthly total change in storage was
determined by subtracting outputs from inputs. A maximum wetland water volume of 4.32 inches was
calculated based on the specific yield of 0.12 for 36 inches for both soils on site (PnA and BnA).
The resulting hydrograph and chart (Appendix C) show a seasonal variation for the dry, average and wet
years. The model shows the majority of hydrologic inputs occur in the late winter -early spring months
and summer months for the wet and average years. The dry year also peaks with hydrologic input
during the late winter -early spring months but then drops off for the remainder of the growing season
and year. The site begins to lose saturation in the upper twelve inches during late summer and into the
fall season. It is clear from the model and resulting graph that the existing ditches exert a large
influence on the site's ability to store water and thus keeps the site from achieving wetland hydrology
within the upper twelve inches.
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Proposed Conditions A modified water budget was developed to analyze the effect of restoration
efforts on the site's hydrology Calculations for wetland water volume used the same methodology as
described above To estimate the influence on surface roughening and microtopography, an additional
2 4 inches of hydrologic capacity was added to the model Surface water outflows are predicted to be
zero as the existing drainage ditches will be filled and surface water will be retained onsite Based on
the proposed conditions, the budget shows the site achieving jurisdictional wetland hydrology during
portions of the early Spring (March) and summer months for the average and wet years when compared
to the existing conditions The dry year remains relatively the same for both existing and proposed
conditions which is an indicator the site may or may not be vulnerable to drought conditions
Based upon this analysis, the proposed wetland hydrology will attain jurisdictional hydrology for a
period of 12 -15 days, which equates to 6% or greater of the growing season Therefore a 6% or greater
hydropenod has been chosen as the hydrology design parameter based on the completed water budget
Lateral Effect Analysis Lateral Effect Analysis (Version 2 7) was performed on the site to determine the
draw down effect of the existing ditches Lateral Effect is the width of hydrologic interference, caused by
an adjacent ditch, which is drained such that it no longer satisfies the wetland hydrologic criterion The
lateral effect differed between soil types due largely to differing hydraulic conductivities The Lateral
Effect Manual associated with the program used suggests, when drainable soil porosity is unknown, to
use a value between 0 035 and 0 04 Evaluations using both the 0 035 and 0 04 values were conducted
and compared Soil type PnA has a wider lateral effect than BnA (Appendix C — Lateral Effect Analysis)
Hydrologic interference is also dependent on ditch depth where increased ditch depth increased width
of lateral effect Lateral effect ranged from 44 8 feet (soil BnA, ditch depth of 2 ft) to 155 2 ft (soil PnA,
ditch depth of 4 feet)
Existing Ditches Ditch depth generally increases along the flow length, causing the lateral effect
to widen in the direction of flow (south to north) Filling the existing ditches will return the
ground water elevation to pre -ditch elevations within the highlighted lateral effect areas
(Appendix C — Lateral Effect Analysis)
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8. MAINTENANCE PLAN
NCEEP shall monitor the site on a regular basis and shall conduct a physical inspection of the site a
minimum of once per year throughout the post- construction monitoring period until performance
standards are met. These site inspections may identify site components and features that require routine
maintenance. Routine maintenance should be expected most often in the first two years following site
construction and may include the following:
Component /Feature
Maintenance through project close -out
Wetland
Routine wetland maintenance and repair activities may include securing of
loose coir matting and supplemental installations of live stakes and other
target vegetation within the wetland. Areas where stormwater and
floodplain flows intercept the wetland may also require maintenance to
prevent scour.
Vegetation
Vegetation shall be maintained to ensure the health and vigor of the
targeted plant community. Routine vegetation maintenance and repair
activities may include supplemental planting, pruning, mulching, and
fertilizing. Exotic invasive plant species shall be controlled by mechanical
and /or chemical methods. Any vegetation control requiring herbicide
application will be performed in accordance with NC Department of
Agriculture (NCDA) rules and regulations.
Site Boundary
Site boundaries shall be identified in the field to ensure clear distinction
between the mitigation site and adjacent properties. Boundaries may be
identified by fence, marker, bollard, post, tree - blazing, or other means as
allowed by site conditions and /or conservation easement. Boundary
markers disturbed, damaged, or destroyed will be repaired and /or
replaced on an as needed basis.
Utility Right -of -Way
Utility rights -of -way within the site may be maintained only as allowed by
Conservation Easement or existing easement, deed restrictions, rights of
way, or corridor agreements.
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9. PERFORMANCE STANDARDS
Wetland Hydrology Performance Standards
1. Wetland hydrology data must consistently document an appropriate soil wetness condition
(hydroperiod) has been re- established for all areas proposed for wetland mitigation.
Regulatory guidance and procedures were used to develop appropriate hydrologic success
criteria for the non - riparian wetland areas to be restored. Non - riparian wetland flats with 6
percent or greater hydroperiods will be considered successful. If the data fail to support this
conclusion in any area(s) proposed for wetland mitigation after 7 years of monitoring,
additional monitoring may be required, or the area(s) may be deemed to be unacceptable
for generation of compensatory wetland credit.
2. The growing season for the determination of hydrologic success was developed from the
WETS Table for Hertford County, NC (Mufreesboro), which is on a similar latitude as the
project site. Growing season dates are determined to be from March 9 through November
6, a range of 243 days. The minimum successful hydroperiod for the site would therefore be
between 12 -15 consecutive days.
Planted Vegetation Performance Standards
1. At least 320 three year -old planted stems /acre must be present after year three. At year
five, density must be no less than 260 five year -old planted stems /acre. At year 7, density
must be no less than 210 seven year -old planted stems /acre.
2. Planted vegetation must average 10 feet in height in each plot at year 7 in sites located in
the coastal and piedmont counties and 8 feet in height in each plot at year 7 in the
mountain counties (as defined in the USACE 2003 SMGs). If this performance standard is
met by year 5 and stem density is trending toward success (i.e., no less than 260 five year -
old stems /acre) monitoring of vegetation on the site may be terminated provided written
approval is provided by the USACE in consultation with the North Carolina Interagency
Review Team (NCIRT).
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10 MONITORING REQUIREMENTS
Monitoring Reports will be submitted to EEP by December 1st of the year in which the monitoring was
conducted. In the unlikely event that the success criteria are not being achieved during the seven -year
minimum monitoring period, with permission from EEP, corrective measures including re- grading,
replanting, removal of certain species, etc. will be performed.
Annual monitoring data will be reported using the EEP monitoring template. The monitoring report shall
provide a project data chronology that will facilitate an understanding of project status and trends,
population of EEP databases for analysis, research purposes, and assist in decision making regarding
project close -out.
Required
Parameter
Quantity
Frequency
Notes
Visual Wetland
Entire site
Semi - annual
Entire site will be monitored twice
Monitoring
annually
Groundwater
Quantity and location of gauges
annual
Four (4) groundwater monitoring gauges
Hydrology
will be determined in
with data recording devices will be
consultation with EEP
installed on site; the data will be
downloaded on a monthly basis during
the growing season
Vegetation
Quantity and location of
Monitoring Years
Vegetation will be monitored at nine (9)
vegetation plots will be
1, 2, 3, 5, and 7
plots using the Carolina Vegetation
determined in consultation with
Survey (CVS) protocols
EEP
Exotic and nuisance
Entire site
Semi - annual
Locations of exotic and nuisance
vegetation
I
I vegetation will be mapped and treated
Project boundary
Project boundary
Semi - annual
Locations of fence damage, vegetation
damage, boundary encroachments, etc.
will be mapped
General Stream and Wetland Monitoring Requirements
1. Site monitoring for all stream and /or wetland mitigation projects shall occur for seven full years
(post construction) except in those circumstances provided for in this document where specific
monitoring activities may be terminated as early as five years. If performance standards have
not been met by year seven, additional monitoring may be required to ensure that a site is
relatively stable with respect to anthropogenic or natural effects and that the target community
is established on the site or the site (or portions of the site) may be deemed to be unacceptable
for generation of compensatory mitigation credit.
2. Seven years of monitoring are not required for stream and /or wetland preservation reaches or
areas which are subject to Monitoring Level 3 requirements of the USACE 2003 SMGs.
3. Success criteria as provided in the mitigation plan or in the permit conditions must be restated
verbatim in the monitoring report.
4. Monitoring reports shall be completed for all seven years and provided to the Ecosystem
Enhancement Program (EEP) for review by December 1 of each year that the site is required to
be monitored. This is to ensure that any remedial action that may be necessary can be
accomplished during the next planting season. Failure to provide monitoring reports by this
deadline may result in additional monitoring.
5. Vegetation monitoring standards shall apply to all stream and /or wetland mitigation projects.
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Visual Wetland Monitoring Requirements
1 Visual monitoring of all wetland restoration and /or enhancement areas shall be conducted 2
times per year and a minimum of 5 months apart, in each of the required 7 years of post -
construction monitoring Visual monitoring shall include walking throughout the entire site
to identify and document areas of low stem density or poor plant vigor, invasive species,
encroachments, indicators of livestock access, or other areas of concern
2 The results of the visual assessment shall be included in a plan view of the project
identifying the location of each area of concern, along with a written assessment and
photographic documentation of the area Once an area of concern has been identified, that
same feature shall be reassessed on all subsequent visual assessments Photographs should
be taken from the same location year -to -year to document progression of the problem The
monitoring reports shall identify all areas of concern and recommended courses of action,
which may include continued monitoring, repair or other remedial action
Groundwater Gauge Location and Data Collection Requirements
1 Due to the size and extremely flat nature of the site in addition to the uniformity of the soil
profiles described in Appendix C, well density shall be one per five acres (or 4 wells) The wells
will be located to assess subsurface water levels at various elevations on the site planned as
seasonally saturated or temporarily flooded Groundwater elevation data collected from each
monitoring well will be presented relative to the ground surface elevation at the well location in
graph form
2 Monitoring of hydrology on the restoration site will be completed using semi - continuous
recording water level loggers suspended in two -inch PVC monitoring wells placed 15 -20 inches
into the ground Monitoring wells will be constructed, installed, tested, maintained, read, and
interpreted in accordance with the Engineer Research and Development Center's technical note
05 -02 (Wetlands Regulatory Assistance Program) dated June, 2005
3 Groundwater gauge data shall be collected and reported to EEP in each of the 7 years (post -
construction) of monitoring At a minimum, data shall be collected (continuously) through the
entirety of the growing season in the county(ies) the project is located
Vegetation Planting Monitoring Requirements
1 Permanent plots to sample vegetation shall be randomly located in each of the target
communities Plot sizes for the determination of stem density and vigor (height) shall be a
minimum of 0 02 acre in size, and should typically be square or rectangular
2 Vegetation monitoring plots shall make up a minimum of 1% of the planted portion of the site
with a minimum of 9 plots
3 Upon initial establishment of vegetation plots (baseline /year 0), the plot corners shall be
Marked in accordance with CVS Protocol
4 Within each plot, vegetation data collected will be in accordance with CVS Protocol
5 Vegetation plots shall be monitored for 7 years, with monitoring events occurring in years 1, 2,
3, 5, and 7 If supplemental monitoring occurs, results may be considered towards meeting
performance standards
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11. LONG -TERM MANAGEMENT PLAN
Upon approval for close -out by the Interagency Review Team (IRT) the site will be transferred to a third
party for long term management as described in EEP's In Lieu Fee Instrument. This party shall be
responsible for periodic inspection of the site to ensure that restrictions required in the conservation
easement or the deed restriction document(s) are upheld. Endowment funds required to uphold
easement and deed restrictions shall be negotiated prior to site transfer to the responsible party.
12. ADAPTIVE MANAGEMENT PLAN
Upon completion of site construction EEP will implement the post- construction monitoring protocols
previously defined in this document. Project maintenance will be performed as described previously in
this document. If, during the course of annual monitoring it is determined the site's ability to achieve site
performance standards are jeopardized, EEP will notify the USACE of the need to develop a Plan of
Corrective Action. The Plan of Corrective Action may be prepared using in -house technical staff or may
require engineering and consulting services. Once the Corrective Action Plan is prepared and finalized
EEP will:
1. Notify the USACE as required by the Nationwide 27 permit general conditions.
2. Revise performance standards, maintenance requirements, and monitoring requirements as
necessary and /or required by the USACE.
3. Obtain other permits as necessary.
4. Implement the Corrective Action Plan.
S. Provide the USACE a Record Drawing of Corrective Actions. This document shall depict the
extent and nature of the work performed.
The Hofler mitigation site is planned and designed to be self- sustaining over time, but some active
management or maintenance may be necessary to ensure the long -term sustainability of the restoration
effort. The adaptive management approach involves analysis of monitoring results to identify potential
problems occurring on the site and the identification and implementation of measures to rectify those
problems. Remedial actions may include but are not limited to mechanized earth -work or supplemental
planting in the event areas of the site do not fulfill the vegetative success criteria. Prior to initiating any
remedial actions, the proposed measures will be submitted to the USACE for review and approval.
Performance and functioning of the mitigation site may be affected by various causative factors — both
natural and human - induced. Natural hazards may include fire, flood, erosion, invasive species, and /or
excessive herbivory. Human errors may include design flaws, construction deviation, and /or inadequate
planting coverage. To minimize these potential problems, the following strategies may be employed:
• If deer herbivory appears to be jeopardizing the survivorship of planted species, discussions with
appropriate agencies will be initiated to determine an appropriate course of action.
• Construction errors will be identified early via the as -built report which will contain topographic
survey data. If it appears as though there errors jeopardize the integrity of the project, then
appropriate remedial action(s) will be identified and submitted to the USACE for concurrence
prior to implementation.
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• Planting errors in spacing density or coverage will be avoided by careful coordination with
planting crews. An account of planted stems will be provided with the as -built report.
• If monitoring indicates a potential design flaw, remediation options will be reviewed with
permitting agencies.
'13 FINANCIAL ASSURANCES
Pursuant to Section IV H and Appendix 111 of the Ecosystem Enhancement Program's In -Lieu Fee
Instrument dated July 28, 2010, the North Carolina Department of Environment and Natural Resources
has provided the U.S. Army Corps of Engineers Wilmington District with a formal commitment to fund
projects to satisfy mitigation requirements assumed by EEP. This commitment provides financial
assurance for all mitigation projects implemented by the program.
14. OTHER INFORMATION
14.1 DEFINITIONS
Morphological description —the stream type; stream type is determined by quantifying channel
entrenchment, dimension, pattern, profile, and boundary materials; as described in Rosgen, D. (1996),
Applied River Morphology, 2nd edition
Native vegetation community — a distinct and reoccurring assemblage of populations of plants, animals,
bacteria and fungi naturally associated with each other and their population; as described in Schafale,
M.P. and Weakley, A. S. (1990), Classification of the Natural Communities of North Carolina, Third
Approximation
Project Area - includes all protected lands associated with the mitigation project
14.2 REFERENCES
Faber - Langendoen, D., Rocchio, J., Schafale, M., Nordman, C., Pyne, M., Teague, J., Foti, T., Comer, P.
(2006), Ecological Integrity Assessment and Performance Measures for Wetland Mitigation.
NatureServe, Arlington, Virginia.
Lindenmayer, D.B., and J.F. Franklin. (2002), Conserving forest biodiversity: A comprehensive multiscoled
approach. Island Press, Washington, DC.
North Carolina Division of Water Resources, Water Quality Programs. (2007), Chowan River Basinwide
Water Quality Plan. Retrieved from http: / /portal.ncdenr.org/ web /wq /ps /bpu /basin /chowan /2007
NCEEP Mitigation Template version 2.0 10/1/2010
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North Carolina Ecosystem Enhancement Program (2011), Monitoring Requirements and Performance
Standards for Stream and /or Wetland Mitigation
Peet, R K, Wentworth, T S , and White, P S (1998), A flexible, multipurpose method for recording
vegetation composition and structure Castanea 63 262 -274
Rosgen, D (1996), Applied River Morphology, 2nd edition, Wildland Hydrology, Pagosa Springs, CO
Schafale, M P and Weakley, A S (1990), Classification of the Natural Communities of North Carolina,
Third Approximation, NC Natural Heritage Program, Raleigh, NC
US Army Corps of Engineers Wilmington District (2003), Stream Mitigation Guidelines, April 2003
Young, T F and Sanzone, S (editors) (2002), A framework for assessing and reporting on ecological
condition Ecological Reporting Panel, Ecological Processes and Effects Committee EPA Science Advisory
Board Washington, DC
NCEEP Mitigation Template version 2 0 10/1/2010
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APPENDIX A

Filed 08/11/2011 09 33 58 AM
SHARON G HARRELL, Register of Deeds
Gates Countv, NC
return: Ed Temple
BOOK 293 PAGE 441 (5)
Wni. 1111111111111111111111 Y
record: $26.00
PURCHASE OPTION AGREEMENT
THIS PURCHASE OPTION dated July 20, 2011, is given by S & M Farms, LLC (hereinafter
referred to as "SELLER ") to Albemarle Restorations, LLC (hereinafter referred to as "AGENT ")
SELLER is the owner of one parcel of real property located in Gates County, North Carolina,
(hereinafter referred to as "PROPERTY ") that is identified as Tax Parcel # 0600422, totaling 345 19
acres, in the Gates County Tac Office and Deed Book 286, Page 306, Plat Book 3, Page 150 in the
Gates County Register of Deeds
AGENT desires to obtain an option to purchase the right to restore, enhance and/or create up to
27 acres of wetlands, but no less than 22 acres on the PROPERTY for mitigation and/or habitat
conservation purposes, and to secure the protection in perpetuity of wetlands through the recordation of
a conservation easement by the SELLER in the Land Records of Gates County, North Carolina, on the
terms set forth below.
In consideration of the stun of ONE DOLLAR ($1.00) paid by the AGENT to the SELLER, and
for other good and valuable; consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree to the following:

I Grant of Option. SELLER grants to AGENT first option to purchase the right to restore,
enhance and/or create up to 27 acres of wetlands, but no less than 22 acres on the PROPERTY for
mitigation and/or habitat conservation purposes, and to secure the protection in perpetuity of said
wetlands through the recordation of a conservation easement by the SELLER in the Land Records of
Gates County, North Carolina, subject to the terms and conditions set forth below The AGENT may
exercise this option to purchase the rights and conservation easement(s) on the PROPERTY in varying
amounts over the time frame of this option agreement. In the event of acceptance of this Option in part
or in total by AGENT, SELLER agrees as follows.
a. That SELLER will allow AGENT, its subcontractors, employees, agents or assigns, the right
to enter in and upon the PROPERTY to proceed with construction of the necessary wetland
restoration, enhancement and/or creation including, but not limited to, analyzing, collection of
data, surveying and constructing and planting of the mitigation site(s).
b . That SELLER will allow AGENT, its subcontractors, employees or agents or assigns, the
right to enter in and upon the PROPERTY at reasonable times and upon reasonable advance
notice for a period of seven (7) years from the date of completion of the mitigation to inspect,
construct, replant, replace, maintain and repair the mitigation site. AGENT will save and hold
SELLER harmless from damages associated with AGENT'S performance of the design,
construction, and monitoring of the proposed wetland mitigation project on the PROPERTY,
until such time as the mitigation project has been approved as successful and complete by the
North Carolina Ecosystem Enhancement Program (NC EEP) or their assigns
2. Time. The AGENT'S option to purchase the easement(s) must be exercised in writing by AGENT
on or before March 4, 2013. If the option to purchase is not exercised on or before that date, this
option to purchase shall automatically cease and terminate, neither party shall have any further rights
hereunder, at law or in equity, and this Agreement shall be null and void, all without further action or

documentation by either party.
3 Manner. The AGENT shall deliver to the SELLER written intent to exercise this option once the
property is accepted by the NC EEP or their assigns, together with the Conservation Easement set forth
in Exhibit A SELLER shall then execute and deliver the Conservation Easement to the AGENT for
review by the State of North Carolina (STATE) Once approved by the STATE, the AGENT shall
record the Conservation Easement and be reimbursed by the NC EEP, at which time the exchange of
purchase monies between SELLER and AGENT shall take place at an agreed upon time and place.
The purchase price under this option shall be Five Thousand Dollars($5,000.00) per acre. The actual
number of acres purchased shoal be determined by survey. The failure of the SELLER to execute and
return a fully executed copy of the Conservation Easement to the AGENT shall not affect the
enforceability of this Agreement and this Agreement shall be binding upon and enforceable against the
SELLER. The AGENT is solely responsible for all costs associated with the survey, transfer and
recording of said Conservation Easement
4. Rights and Obli atio is of the Parties if the Option is Exercised In the event that AGENT
exercises this option to purchase within the time and in the manner herein before provided, then
thereafter the rights and obligations of the parties with respect to the Conservation Easement shall be
governed by the terms and conditions contained in the Conservation Easement.
5. Tune of the Essence. 'Time shall be of the essence of this Option Agreement
IN WITNESS WHEREOF the parties have duly executed this Agreement and affixed their seals as of
the date set forth above
SELLER:
S & M Farms, LLC
By (SEAL)

James Myron Hoffer, Jr, Member
By: A, (SEAL)
Bernard Sidney Hofler, Jr., Member
AGENT.
Albemarle Restorations, LLC
By: EAL)
Edmund R. Temple, Jr., member /manager
STATE OF NORTH CAROLIWA,
COUNTY OF G qbe s
Choy axi
I, Lisa- & vnLrn , a Notary Public for s' hid County and State, do hereby
certify that James Myron Hofler, Jr , a member of S & M Farms, a limited liability company,
personally appeared before me this day and acknowledged the due execution of the foregoing
instrument.
Witness my hand and official seal, this the a s day of
My Commission expires- 0 -L 9613 T A
• a0 iq� _
Notav� � Public v►�u�- rY���UB l�C' V
:s �_
0
STATE OF NORTH CAROLINA, V C0v�,.k`
COUNTY OF a l e.s
CF,owan
I, i s a rLM , a Notary Public for s )kd County and State, do hereby
certify that Bernard Sidney boiler, Jr , a member of S & M Farms, a limited liability company,
personally appeared before me this day and acknowledged the due execution of the foregoing
instrument.
Witness my hand and official seal, this the l S� day ofQt
My Commission expires- 0 � - A $ - a f 3

````1111111+++ ',
P B 6yi`
O L4
:O A
ti 01300 V
'� ++11111111
STATE OF NUIRH C OLllNA,
COUNTY OF
Nothry Public
Lisa. 6 61 rum
I, 4, �Cl*-) _, a Notary Public for said County and State, do hereby
certify that Edm d emple, Jr., a member /manager of Albemarle Restorations, LLC, a limited
liability company, personally appeared before me this day and acknowledged the due execution of the
foregoing instrument on behalf of the company.
Witness my hand and official seal, this the Vday of , �
My Commission expires:
too A TOZ'��s4
• , J
� • ® �o • r
,. r
18101881 lost0o

STATE OF NORTH CAROLINA DEED OF CONSERVATION EASEMENT
AND RIGHT OF ACCESS PROVIDED
PURSUANT TO
FULL DELIVERY
MITIGATION CONTRACT
COUNTY
SPO File Number:
EEP Project Number:
Prepared by Office of the Attorney General
Property Control Section
Return to NC Department of Administration
State Property Office
1321 Mail Service Center
Raleigh, NC 27699 -1321
THIS DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS, made
this day of , 20_, by Landowner name goes here
, ( "Grantor "), whose mailing address is Landowner address goes here , to the State of
North Carolina, ( "Grantee "), whose mailing address is State of North Carolina, Department of
Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699 -1321 The
designations of 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
WITNESSETH:
WHEREAS, pursuant to the provisions of N C Gen Stat § 143 -214 8 et seg , the State
of North Carolina has established the Ecosystem Enhancement Program (formerly known as the
Wetlands Restoration Program) within the Department of Environment and Natural Resources
for the purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland
and riparian resources that contribute to the protection and improvement of water quality, flood
prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities, and
NCEEP Full Delivery Conservation Easement Template adopted 5 July 2012
Page 1 of 11

WHEREAS, this Conservation Easement from Grantor to Grantee has been negotiated,
arranged and provided for as a condition of a full delivery contract between ( insert name and
address of full delivery contract provider ) and the North Carolina Department of Environment and
Natural Resources, to provide stream, wetland and/or buffer mitigation pursuant to the North
Carolina Department of Environment and Natural Resources Purchase and Services Contract
Number
WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation
- ; Easement pursuant to N C Gen Stat § 121 -35, and
WHEREAS, the Department of Environment and Natural Resources and the United
States Army Corps of Engineers, Wilmington District entered into a Memorandum of
Understanding, (MOU) duly executed by all parties on November 4, 1998 This MOU
recognized that the Wetlands Restoration Program was to provide effective compensatory
mitigation for authorized impacts to wetlands, streams and other aquatic resources by restoring,
enhancing and preserving the wetland and riparian areas of the State, and
WHEREAS, the Department of Environment and Natural Resources, the North Carolina
Department of Transportation and the United States Army Corps of Engineers, Wilmington
District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in
Greensboro, NC on July 22, 2003, which recognizes that the Ecosystem Enhancement Program
is to provide for compensatory mitigation by effective protection of the land, water and natural
resources of the State by restoring, enhancing and preserving ecosystem functions, and
WHEREAS, the Department of Environment and Natural Resources, the U S Army
Corps of Engineers, the U S Environmental Protection Agency, the U S Fish and Wildlife
Service, the North Carolina Wildlife Resources Commission, the North Carolina Division of
Water Quality, the North Carolina Division of Coastal Management, and the National Marine
Fisheries Service entered into an agreement to continue the In -Lieu Fee operations of the North
Carolina Department of Natural Resources' Ecosystem Enhancement Program with an effective
date of 28 July, 2010, which supersedes and replaces the previously effective MOA and MOU
referenced above, and
WHEREAS, the acceptance of this instrument for and on behalf of the State of North
Carolina was granted to the Department of Administration by resolution as approved by the
Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina,
on the 8`h day of February 2000, and
WHEREAS, the Ecosystem Enhancement Program in the Department of Environment
and Natural Resources, which has been delegated the authority authorized by the Governor and
Council of State to the Department of Administration, has approved acceptance of this
instrument, and
WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being
in Township, County, North Carolina (the "Property "), and being
NCEEP Full Delivery Conservation Easement Template adopted 5 July 2012
Page 2 of 1 1

more particularly described as that certain parcel of land containing approximately
acres and being conveyed to the Grantor by deed as recorded in Deed Book at Page
of the County Registry, North Carolina, and
WHEREAS, Grantor is willing to grant a Conservation Easement and Right of Access
over the herein described areas of the Property, thereby restricting and limiting the use of the
areas of the Property subject to the Conservation Easement to the terms and conditions and
purposes hereinafter set forth, and Grantee is willing to accept said Easement and Access Rights
The Conservation Easement shall be for the protection and benefit of the waters of if known
insert name of stream, branch, river or waterway here
NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and
restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and
conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation
Easement along with a general Right of Access
The Conservation Easement Area consists of the following
Tracts Number containing a total of acres as shown on the plats
of survey entitled "Final Plat, Conservation Easement for North Carolina Ecosystem
Enhancement Program, Project Name , SPO File No , EEP Site No
, Property of ," dated , 20_ by name
of surveyor, PLS Number and recorded in the County, North
Carolina Register of Deeds at Plat Book Pages
See attached "Exhibit A ", Legal Description of area of the Property hereinafter referred to as the
"Conservation Easement Area"
The purposes of this Conservation Easement are to maintain, restore, enhance, construct,
create and preserve wetland and/or riparian resources in the Conservation Easement Area that
contribute to the protection and improvement of water quality, flood prevention, fisheries,
aquatic habitat, wildlife habitat, and recreational opportunities, to maintain permanently the
Conservation Easement Area in its natural condition, consistent with these purposes, and to
prevent any use of the Easement Area that will significantly impair or interfere with these
purposes To achieve these purposes, the following conditions and restrictions are set forth
I. DURATION OF EASEMENT
Pursuant to law, including the above referenced statutes, this Conservation Easement and
Right of Access shall be perpetual and it shall run with, and be a continuing restriction upon the
use of, the Property, and it shall be enforceable by the Grantee against the Grantor and against
Grantor's heirs, successors and assigns, personal representatives, agents, lessees, and licensees
II. GRANTOR RESERVED USES AND RESTRICTED ACTIVITIES
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The Conservation Easement Area shall be restricted from any development or usage that
would impair or interfere with the purposes of this Conservation Easement Unless expressly
reserved as a compatible use herein, any activity in, or use of, the Conservation Easement Area
by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement
Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee
Any rights not expressly reserved hereunder by the Grantor, including the rights to all mitigation
credits, including, but not limited to, stream, wetland, and riparian buffer mitigation units,
derived from each site within the area of the Conservation Easement, are conveyed to and belong
to the Grantee Without limiting the generality of the foregoing, the following specific uses are
prohibited, restricted, or reserved as indicated
A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational
uses, including hiking, bird watching, hunting and fishing, and access to the Conservation
Easement Area for the purposes thereof
B. Motorized Vehicle Use. Motorized vehicle use in the Conservation Easement Area is
prohibited except within a Crossing Area(s) or Road or Trail as shown on the recorded survey
plat or as specifically allowed within a fence maintenance zone as described in section D or
a Road or Trail described in section H
The Grantor reserves the right, for himself, his successors and assigns, to operate motorized
vehicles within Crossing Area(s) described on the survey recorded in Plat Book ,
Page , of the County Registry as "reserved stream crossing" Said crossing
shall not exceed feet in width, and must be maintained and repaired by Grantor, his
successors or assigns to prevent degradation of the Conservation Easement Area
C. Educational Uses. The Grantor reserves the right to engage in and permit others to
engage in educational uses in the Conservation Easement Area not inconsistent with this
Conservation Easement, and the right of access to the Conservation Easement Area for such
purposes including organized educational activities such as site visits and observations
Educational uses of the property shall not alter vegetation, hydrology or topography of the site
D. Damage to Vegetation. Except within Crossing Area(s) as shown on the recorded
survey plat and as related to the removal of non - native plants, diseased or damaged trees, or
vegetation that destabilizes or renders unsafe the Conservation Easement Area to persons or
natural habitat, all cutting, removal, mowing, harming, or destruction of any trees and vegetation
in the Conservation Easement Area is prohibited with the following exception
Notwithstanding the foregoing, if there is a fence within the Conservation Easement Area, the
Grantor reserves the right to mow and maintain vegetation within 10 feet of the Conservation
Easement boundary as shown on the Survey Plat and extending along the entire length of the
fence The Grantor, his successors or assigns shall be solely responsible for maintenance of the
fence for as long as there is livestock on the Grantor's property adjacent to the Conservation
Easement Area
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-- E. Industrial, Residential and Commercial Uses. All industrial, residential and
commercial uses are prohibited in the Conservation Easement Area
F. Agricultural Use. All agricultural uses are prohibited within the Conservation Easement
Area including any use for cropland, waste lagoons, or pastureland
G. New Construction. There shall be no building, facility, mobile home, antenna, utility
pole, tower, or other structure constructed or placed in the Conservation Easement Area
H. Roads and Trails. There shall be no construction or maintenance of roads, trails,
walkways, or paving in the Conservation Easement Area with the following exception
Only roads and trails located within the Conservation Easement Area prior to completion of the
construction of the restoration project and within crossings shown on the recorded survey plat
may be maintained by Grantor, successors or assigns to allow for access to the interior of the
Property, and must be repaired and maintained to prevent runoff and degradation to the
Conservation Easement Area Such roads and trails shall be covered with pervious materials
such as loose gravel or permanent vegetation in order to minimize runoff and prevent
sedimentation
I. Signs. No signs shall be permitted in the Conservation Easement Area except
interpretive signs describing restoration activities and the conservation values of the
Conservation Easement Area, signs identifying the owner of the Property and the holder of the
Conservation Easement, signs giving directions, or signs prescribing rules and regulations for the
use of the Conservation Easement Area
J. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery, or any other material in the Conservation Easement
Area is prohibited
K. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling,
excavation, dredging, mining, drilling, hydraulic fracturing, removal of topsoil, sand, gravel,
rock, peat, minerals, or other materials
L. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting
the diversion of surface or underground water in the Conservation Easement Area No altering
or tampering with water control structures or devices, or disruption or alteration of the restored,
enhanced, or created drainage patterns is allowed All removal of wetlands, polluting or
discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides in the
Conservation Easement Area is prohibited In the event of an emergency interruption or
shortage of all other water sources, water from within the Conservation Easement Area may
temporarily be withdrawn for good cause shown as needed for the survival of livestock on the
Property
M. Subdivision and Conveyance. Grantor voluntarily agrees that no further subdivision,
partitioning, or dividing of the Conservation Easement Area portion of the Property owned by the
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Grantor in fee simple ( "fee ") that is subject to this Conservation Easement is allowed Any future
transfer of the Property shall be subject to this Conservation Easement and Right of Access and to the
Grantee's right of unlimited and repeated ingress and egress over and across the Property to the
Conservation Easement Area for the purposes set forth herein
N. Development Rights. All development rights are permanently removed from the
Conservation Easement Area and are non - transferrable
O. Disturbance of Natural Features Any change, disturbance, alteration or impairment of
the natural features of the Conservation Easement Area or any intentional introduction of non-
native plants, trees and/or animal species by Grantor is prohibited
The Grantor may request permission to vary from the above restrictions for good cause
shown, provided that any such request is not inconsistent with the purposes of this Conservation
Easement, and the Grantor obtains advance written approval from the N C Ecosystem
Enhancement Program, whose mailing address is 1652 Mail Services Center, Raleigh, NC
27699 -1652
III. GRANTEE RESERVED USES
A. Right of Access, Construction, and Inspection. The Grantee, its employees and agents,
successors and assigns, receive a perpetual Right of Access to the Conservation Easement Area
over the Property at reasonable times to undertake any activities to restore, construct, manage,
maintain, enhance, protect, and monitor the stream, wetland and any other riparian resources in
the Conservation Easement Area, in accordance with restoration activities or a long -term
management plan Unless otherwise specifically set forth in this Conservation Easement, the
rights granted herein do not include or establish for the public any access rights
B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous
vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and
prepare the soil, modification of the hydrology of the site, and installation of natural and
manmade materials as needed to direct in- stream, above ground, and subterraneous water flow
C. Signs. The Grantee, its employees and agents, successors or assigns, shall be permitted
to place signs and witness posts on the Property to include any or all of the following describe
the project, prohibited activities within the Conservation Easement, or identify the project
boundaries and the holder of the Conservation Easement
D. Fences. The Grantee, its employees and agents, successors or assigns, shall be permitted
to place fencing on the Property within the Conservation Easement Area to restrict livestock
access Although the Grantee is not responsible for fence maintenance, the Grantee reserves the
right to maintain, repair or replace the fence at the sole discretion of the Grantee and at the
expense of the Grantor, who agrees to indemnify the Grantee for any costs incurred as a result of
maintenance, repair or replacement of the fence if such costs are required to protect the
Conservation Easement Area from repeated incidents of grazing or other prohibited activities
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E. Crossing Area(s). The Grantee is not responsible for maintenance of crossing area(s),
however, the Grantee, its employees and agents, successors or assigns, reserve the right to repair
crossing area(s), at its sole discretion and to recover the cost of such repairs from the Grantor if
such repairs are needed as a result of activities of the Grantor, his successors or assigns
IV. ENFORCEMENT AND REMEDIES
A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is
allowed to prevent any activity within the Conservation Easement Area that is inconsistent with
the purposes of this Conservation Easement and to require the restoration of such areas or
features in the Conservation Easement Area that may have been damaged by such unauthorized
activity or use Upon any breach of the terms of this Conservation Easement by Grantor, the
Grantee shall, except as provided below, notify the Grantor in writing of such breach and the
Grantor shall have ninety (90) days after receipt of such notice to correct the damage caused by
such breach If the breach and damage remains uncured after ninety (90) days, the Grantee may
enforce this Conservation Easement by bringing appropriate legal proceedings including an
action to recover damages, as well as injunctive and other relief The Grantee shall also have the
power and authority, consistent with its statutory authority (a) to prevent any impairment of the
Conservation Easement Area by acts which may be unlawful or in violation of this Conservation
Easement, (b) to otherwise preserve or protect its interest in the Property, or (c) to seek damages
from any appropriate person or entity Notwithstanding the foregoing, the Grantee reserves the
immediate right, without notice, to obtain a temporary restraining order, injunctive or other
appropriate relief, if the breach is or would irreversibly or otherwise materially impair the
benefits to be derived from this Conservation Easement, and the Grantor and Grantee
acknowledge that the damage would be irreparable and remedies at law 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
B. Inspection. The Grantee, its employees and agents, successors and assigns, have the
right, with reasonable notice, to enter the Conservation Easement Area over the Property at
reasonable times for the purpose of inspection to determine whether the Grantor is complying
with the terms, conditions and restrictions of this Conservation Easement
C. Acts Beyond Grantor's Control. 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 caused by third parties, resulting from causes beyond the
Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from
any prudent action taken in good faith by the Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to life or damage to the Property resulting from such causes
D. Costs of Enforcement. Beyond regular and typical monitoring expenses, any costs
incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor,
including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions
in violation of the terms of this Conservation Easement, shall be borne by Grantor
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E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and
any forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any
breach of any term set forth herein shall not be construed to be a waiver by Grantee
V. MISCELLANEOUS
A. This instrument sets forth the entire agreement of the parties with respect to the
Conservation Easement and supersedes all prior discussions, negotiations, understandings or
agreements relating to the Conservation Easement If any provision is found to be invalid, the
remainder of the provisions of the Conservation Easement, and the application of such provision
to persons or circumstances other than those as to which it is found to be invalid, shall not be
affected thereby
B. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon
the Property 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 Upkeep of any constructed bridges, fences, or other amenities on the Property
are the sole responsibility of the Grantor 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
4 C. Any notices shall be sent by registered or certified mail, return receipt requested to the
parties at their addresses shown herein or to other addresses as either party establishes in writing
upon notification to the other
D. Grantor shall notify Grantee in writing of the name and address and any party to whom
the Property or any part thereof is to be transferred at or prior to the time said transfer is made
Grantor further agrees that any subsequent lease, deed, or other legal instrument by which any
interest in the Property is conveyed is subject to the Conservation Easement herein created
E. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive
any merger of the fee and easement interests in the Property or any portion thereof
F. This Conservation Easement and Right of Access may be amended, but only in writing
signed by all parties hereto, or their successors or assigns, if 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 purposes of the Conservation Easement The owner of the
Property shall notify the State Property Office and the U S Army Corps of Engineers in writing
sixty (60) days prior to the initiation of any transfer of all or any part of the Property or of any
request to void or modify this Conservation Easement Such notifications and modification
requests shall be addressed to
Ecosystem Enhancement Program Manager
State Property Office
1321 Mail Service Center
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E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and
any forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any
breach of any term set forth herein shall not be construed to be a waiver by Grantee
V. MISCELLANEOUS
A. This instrument sets forth the entire agreement of the parties with respect to the
Conservation Easement and supersedes all prior discussions, negotiations, understandings or
agreements relating to the Conservation Easement If any provision is found to be invalid, the
remainder of the provisions of the Conservation Easement, and the application of such provision
to persons or circumstances other than those as to which it is found to be invalid, shall not be
affected thereby
B. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon
the Property 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 Upkeep of any constructed bridges, fences, or other amenities on the Property
are the sole responsibility of the Grantor 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
C. Any notices shall be sent by registered or certified mail, return receipt requested to the
parties at their addresses shown herein or to other addresses as either party establishes in writing
upon notification to the other
D. Grantor shall notify Grantee in writing of the name and address and any party to whom
the Property or any part thereof is to be transferred at or prior to the time said transfer is made
Grantor further agrees that any subsequent lease, deed, or other legal instrument by which any
interest in the Property is conveyed is subject to the Conservation Easement herein created
E. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive
any merger of the fee and easement interests in the Property or any portion thereof
F. This Conservation Easement and Right of Access may be amended, but only in writing
signed by all parties hereto, or their successors or assigns, if 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 purposes of the Conservation Easement The owner of the
Property shall notify the State Property Office and the U S Army Corps of Engineers in writing
sixty (60) days prior to the initiation of any transfer of all or any part of the Property or of any
request to void or modify this Conservation Easement Such notifications and modification
requests shall be addressed to
Ecosystem Enhancement Program Manager
State Property Office
1321 Mail Service Center
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Raleigh, NC 27699 -1321
and
General Counsel
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
G. The parties recognize and agree that the benefits of this Conservation Easement are in
gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in
the event it transfers or assigns this Conservation Easement, the organization receiving the
interest will be a qualified holder under N C Gen Stat § 121 -34 et seq and § 170(h) of the
Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the
transfer or assignment will be such that the transferee or assignee will be required to continue in
perpetuity the conservation purposes described in this document
VI. QUIET ENJOYMENT
Grantor reserves all remaining rights accruing from ownership of the Property, including
the right to engage in or permit or invite others to engage in only those uses of the Conservation
Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not
inconsistent with the purposes of this Conservation Easement Without limiting the generality of
the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and
licensees, the right of access to the Conservation Easement Area, and the right of quiet
enjoyment of the Conservation Easement Area,
TO HAVE AND TO HOLD, the said rights and easements perpetually unto the State of
North Carolina for the aforesaid purposes,
AND Grantor covenants that Grantor is seized of said premises in fee and has the right to
convey the permanent Conservation Easement herein granted, that the same is free from
encumbrances and that Grantor will warrant and defend title to the same against the claims of all
persons whomsoever
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IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written
(SEAL)
NORTH CAROLINA
COUNTY OF
I, , a Notary Public in and for the County and State
aforesaid, do hereby certify that , Grantor, personally appeared
before me this day and acknowledged the execution of the foregoing instrument
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the
day of 120—
Notary Public
My commission expires
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Exhibit A
[INSERT LEGAL DESCRIPTION]
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APPENDIX 6

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id SAW -2013 -02062 County Gates U S G S Quad NC- MERCHANTS MILLPOND
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: S &M Farms, LLC.
Mr. Myron Hofler
Address: 539 NC 32 South
Sunbury, NC, 27979
Telephone Number. (252) 340 -1706
Size (acres) 28 Nearest Town Sunbury
Nearest Waterway Bennetts Creek River Basin Chowan. North Carolina, Virginia.
USGS HUC 3010203 Coordinates Latitude 36.431967
Longitude. - 76.653084
Location description The project area is an agricultural field located north of SR1404 approximately 3 miles west
of the town of Sunbury in Gates County, North Carolina
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, these maybe wetlands on the above described property We strongly suggest you have
this pi opet ty inspected to determine the extent of Department of the Army (DA) jurisdiction To be considered final, a
jur rsdictional determmation must be verified by the Corps This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331) If you wish, you may request
an approved JD (which may be appealed), by contacting the Corps district for fmiliet instruction Also, you may provide
new information for further consideration by the Corps to reevaluate the JD
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requuements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change m the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification
_ Thei a are waters of the U S including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344), Unless there is a change in the law or our published
regulations, this determination may be relied upon for a pei rod not to exceed five years from the date of this notification
We strongly suggest you have the wetlands on your property delineated Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner For a moi a timely
delineation, you may wish to obtain a consultant To be considered final, any delineation must be verified by the Corps
The waters of the U S including wetlands on your project area have been delineated and the delineation has been
verified by the Corps We strongly suggest you have this delineation surveyed Upon completion, this survey should be
reviewed and verified by the Corps Once verified, this stu vey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published i egulatrons, may be
relied upon for a period not to exceed five years
_ The waters of the U S including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification
X There ate no waters of the US, to include wetlands, present on the above described project area which are subject to the
permit requuements of Section 404 of the Clean Water Act (33 USC 1344) Unless there is a change m the law or our
published regulations, tlus determination may be relied upon for a per rod not to exceed five years from the date of this
notification
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_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Ai ea Management Act
(CAMA) You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808 -2808 to
determine then requirements
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311) If you have any questions regarding this
determination and/or the Corps iegulatory program, please contact Kyle Barnes at 910- 251 -4584 or
Kyle.W.Barnes(a) usace.arm .mil.
C. Basis For Determination: The 1987 Corns of Engineers Wetland Delineation Manual and the Atlantic and
Gulf Coastal Plain Regional Supplement.
D. Remarks: The site exhibited hydric soils and evidence of seasonal hydrology in the upper twelve inches of the
soils surface but lacked hvdrophytic vegetation.
E. Attention USDA Program Participants
This dehneation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request The delmeation/determmation may not be valid for the wetland conservation
provisions of the Food Security Act of 1985 If you or your tenant ai e USDA Pi ogram participants, or anticipate participation
in USDA pi ogi ams, you should request a certified wetland determination fi om the local office of the Natural Resources
Conservation Service, prior to starting work
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination foi the above described site If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331 Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request foi appeal (RFA) form If you request to appeal this
determination you must subnut a completed RFA form to the following address
US Army Corps of Engineeis
South Atlantic Division
Attn Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303 -8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 3315, and that it has been received by the Division Office within 60 days of the date of the NAP
Should you decide to submit an RFA form, it must be received at the above address by December 20, 2013
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence **
A
Corps Regulatory Official
Date October 21, 2013 Expiration Date October 21, 2018
The Wilmington Dist ict is committed to providing the highest level ofsupporl to the public To help its ensure time continue to
do so, please complete the attached cusiomw Satisfaction Szu vey or visit httn / /per2 nup usace ann)1 millsull'o, him to
complete the siovey online
Copy furnished
Albemarle Restorations, LLC.
Mr. Ed Temple
Post Office Box 206
Fairfield, North Carolina 27826

WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region
Project/Site Hofler Property City /County Gates County Sampling Date August 16, 2012
Applicant/Owner S &M Farms, LLC State NC Sampling Point
Investigator(s) Albemarle Restorations, LLC Section, Township, Range
Landform (hillslope, terrace, etc) Coastal Plain Local relief (concave, convex, none) none Slope ( %) <11%
Subregion (LRR or MLRA) LLR T Lat +36c,25'48 44" Long -76039' 10 91" Datum
Sod Map Unit Name Pantego fine sandy loam, 0 -2% slopes, Bladen loam, 0 -2% slopes NWI classification None
Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks )
Are Vegetation Sod or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No
Are Vegetation Sod 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 Is the Sampled Area
Hydric Sod Present? Yes No within a Wetland? Yes No
Wetland Hydrology Present? Yes No
Remarks
In progress
HYDROLOGY
Wetland Hydrology Indicators
Secondary Indicators (minimum of two regwred)
❑ Surface Soil Cracks (136)
❑ Sparsely Vegetated Concave Surface (B8)
Primary Indicators (minimum of one is required check all that apply)
❑
Surface Water (Al) El Aquatic Fauna (B13)
Q�r
High Water Table (A2)
--1f Marl Deposits (B15) (LRR U)
El Patterns (1310)
Saturation (A3)
1L-
1'Z Hydrogen Sulfide Odor (Cl)
g✓ Moss Trim Lines (616)
r�L_I
Water Marks (B1)
u Oxidized Rhizospheres along Living Roots (C3)
II Dry- Season Water Table (C2)
rrrL- --Jttl
Sediment Deposits (132)
Presence of Reduced Iron (C4)
✓_❑ Crayfish Burrows (C8)
Drift Deposits (63)
lQ-f
L-I Recent Iron Reduction in Tilled Sods (C6)
Saturation Visible on Aerial Imagery (C9)
_
1.1
Algal Mat or Crust (134)
❑ Thin Muck Surface (C7)
Geomorphic Position (D2)
a
Iron Deposits (65)
Other (Explain in Remarks)
Shallow Agwtard (D3)
Q
Inundation Visible on Aerial Imagery (B7)
j]✓ FAC- Neutral Test (D5)
Q
Water - Stained Leaves (B9)
❑ Sphagnum moss (D8) (LRR T, U)
Field Observations
Surface Water Present? Yes
No Depth (inches)
Water Table Present? Yes
No Depth (inches)
Saturation Present? Yes
No Depth (inches)
Wetland Hydrology Present? Yes No
includes capillary frin e
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available
Remarks
In progress
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 )
1
2
3
4
5
6
7
8
50% of total cover
Sapling /Shrub Stratum (Plot size )
1
2
3
4
5
6
7
8
50% of total cover
Herb Stratum (Plot size )
1
2
3
4
5
6
7
8
9
10
11
12
50% of total cover
Woody Vine Stratum (Plot size )
1
2
3
4
5
50% of total cover
Remarks (If observed, list morphological adaptations
In progress
Sampling Point
Absolute Dominant Indicator
Dominance Test worksheet
% 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 (A/B)
Prevalence Index worksheet
Total % Cover of Multioly by
= Total Cover
OBL species x 1 =
20% of total cover
FACW species x 2 =
_
FAC species x 3 =
FACU species x4=
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%
3 - Prevalence Index is < -3 0'
= Total Cover
❑ Problematic Hydrophytic Vegetation' (Explain)
20% of total cover
'Indicators of hydnc 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 greater than 3 28 ft (1 m) tall
Herb - AII 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
= Total Cover
20% of total cover
Hydrophytic
= Total Cover Vegetation
20% of total cover Present? Yes No
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2 0

SOIL
Sampling Point
ption (Describe to the depth needed to document the indicator or confirm the absence of indicators)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type Loc Texture Remarks
'Type C= Concentration, D= Depletion, RM= Reduced Matrix, MS= Masked Sand Grains
Hydric Sod Indicators (Applicable to all LRRs, unless otherwise noted )
n Histosol (Al)
Histic Epipedon (A2)
✓ Black Histic (A3)
D Hydrogen Sulfide (A4)
n Stratified Layers (A5)
LFJ� Organic Bodies (A6) (LRR P, T, U)
II 5 cm Mucky Mineral (A7) (LRR P, T, U)
❑ Muck Presence (A8) (LRR U)
D✓ 1 cm Muck (A9) (LRR P, T)
D✓ Depleted Below Dark Surface (A11)
2✓ Thick Dark Surface (Al2)
D Coast Prairie Redox (A16) (MLRA 150A)
✓❑ Sandy Mucky Mineral (S1) (LRR O, S)
Sandy Gleyed Matrix (S4)
Sandy Redox (S5)
✓ Stripped Matrix (S6)
❑ Dark Surface (S7) (LRR P, S, T, U)
Restrictive Layer (if observed)
Type
Depth (inches)
Remarks
In progress
2Location PL =Pore Lining, M= Matrix
Indicators for Problematic Hydnc Soils'
Polyvalue Below Surface (S8) (LRR S, T, U)
❑ 1 cm Muck (A9) (LRR O)
Thin Dark Surface (S9) (LRR S, T, U)
T
LJ 2 cm Muck (A10) (LRR S)
Loamy Mucky Mineral (F1) (LRR O)
Reduced Vertic (F18) (outside MLRA 150A,B)
Loamy Gleyed Matrix (F2)
T�-I
u Piedmont Floodplain Sods (F19) (LRR P, S, T)
Depleted Matrix (F3)
Anomalous Bright Loamy Soils (F20)
Redox Dark Surface (F6)
(MLRA 1536)
❑
Depleted Dark Surface (F7)
Red Parent Material (TF2)
-❑
Redox Depressions (F8)
Very Shallow Dark Surface (TF12)
Mari (F10) (LRR U)
]:] Other (Explain in Remarks)
Depleted Ochnc (F11) (MLRA 151)
Iron - Manganese Masses (F12) (LRR O, P, T)
3Indicators of hydrophytic vegetation and
Umbric Surface (F13) (LRR P, T, U)
wetland hydrology must be present,
Delta Ochnc (F17) (MLRA 151)
unless disturbed or problematic
Reduced Vertic (F18) (MLRA 150A, 15013)
Piedmont Floodplain Soils (F19) (MLRA 149A)
Anomalous Bright Loamy Soils (1720) (MLRA 149A, 153C, 153D)
Hydnc Sod Present? Yes No
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2 0

Albemarle Restorations, LLC
Wetland Restoration
Stream Restoration
Wildlife Habitat
December 12, 2012
Travis W Wilson
Eastern Region Highway Project Coordinator
Habitat Conservation Program
NC Wildlife Resources Commission
1718 Hwy 56 West
Creedmoor, NC 27522
Re: Hofler Property Wetland Mitigation Project (Gates County)
Fish and Wildlife Coordination Act Project Review
Dear Mr Wilson,
The purpose of this letter is to request review and comment on any possible issues that might
emerge with respect to fish and wildlife issues associated with wetland restoration work on the
above referenced project
The proposed project, Hofler Property, consists of 22 acres situated on a 345 19 acre property
located within the northeast quadrant of the intersection between Water Swamp Rd and Silver
Springs Rd in the central region of Gates County, NC More specifically, the project lies
approximately 2 40 miles west - southwest of the town of Sunbury, 6 miles east of the town of
Gatesville, 6 3 miles north of the town of Mintonsville, and within 0 50 miles south of the
Merchants Mill Pond State Park
The site has been identified for the purpose of providing in -kind mitigation for unavoidable
wetland impacts under the North Carolina Ecosystem Enhancement Program (NCEEP) The
project consists of a rectangular tract of land that has been ditched and drained for agricultural
production since at least 1938
A vicinity map (USGS) and concept plan with approximate project boundaries are enclosed to
assist with the review We thank you in advance for your timely response and cooperation
Please feel free to contact us with any questions that you may have
Sincerely,
Edmund R Temple, Jr
Principal
P O BOX 176
FAIRFIELD, NC 27826
PHONE [phone]

Albemarle Restorations, LLC
Wetland Restoration
Stream Restoration
Wildlife Habitat
December 12, 2012
North Carolina Historic Preservation Office
4617 Mail Service Center
Raleigh, NC 27699
RE: Hofler Property Wetland Mitigation Project (Gates County)
Historic Resources Project Review
Dear Sir or Madam,
We are requesting that your staff conduct a Historical Review of your Natural Heritage database
for any recorded historical or archeological resources on the above referenced project We are
requesting written concurrence that no eligible properties will be impacted as a result of this
project This request is being made to partially fulfill Federal requirements associated with the
National Historic Preservation Act, Section 106 review of the subject property
The proposed project, Hofler Property, consists of 22 acres situated on a 345 19 acre property
located within the northeast quadrant of the intersection between Water Swamp Rd and Silver
Springs Rd in the central region of Gates County, NC More specifically, the project lies
approximately 2 40 miles west - southwest of the town of Sunbury, 6 miles east of the town of
Gatesville, 6 3 miles north of the town of Mintonsville, and within 0 50 miles south of the
Merchants Mill Pond State Park The project consists of a rectangular tract of land that has been
ditched and drained for agricultural production since at least 1938
The site has been identified for the purpose of providing in -kind mitigation for unavoidable
wetland impacts under the North Carolina Ecosystem Enhancement Program (NCEEP)
I have enclosed a vicinity map (USGS) and a copy of the concept plan If there are any questions
or comments, please do not hesitate to contact this office Thank you for your time and
attention to this matter
Sincerely,
Edmund R Temple, Jr
Principal
P O BOX 176
FAIRFIELD, NC 27826
PHONE [phone]

Albemarle Restorations, LLC
Weiland Restoration
Stream Restoration
Wildlife Habitat
January 16, 2013
Mr John Hammond
Endangered Species Coordinator
US Fish and Wildlife Service, Raleigh Field Office
P 0 Box 33726
Raleigh, NC 27636 -3726
RE. Hofler Property Wetland Mitigation Project (Gates County)
Threatened and Endangered Species Project Review
Dear Mr Hammond,
This is a follow up letter which provides additional habitat analysis information and conclusions
on whether listed T &E species for Gates County will be affected by the proposed project
The proposed project, Hofler Property, consists of 22 acres situated on a 345 19 acre property
located within the northeast quadrant of the intersection between Water Swamp Rd. and Silver
Springs Rd in the central region of Gates County, NC More specifically, the project lies
approximately 2 40 miles west - southwest of the town of Sunbury, 6 miles east of the town of
Gatesville, 6 3 miles north of the town of Mintonsville, and within 0 50 miles south of the
Merchants Mill Pond State Park. The project consists of a rectangular tract of land that has been
ditched and drained for agricultural production since at least 1938
An updated T &E species list for Gates County with habitat analyses for each species based on
current on -site conditions is provided below
We thank you in advance for your timely response and cooperation Please feel free to contact
me at (252) 333 -0249 with any questions
Sincerely,
Edmund R Temple, Jr
Principal
P O BOX 176
FAIRFIELD, NC 27826
PHONE [phone]

Threatened and Endangered {T &E} Species List for Gates County
Common Name Scientific Name Federal Record Biological
Status Status Conclusion
Vertebrates
_
American alligator
Alligator missusippiens
T (S /A)
Current
No Effect
American eel
Anguilla rostrata
FSC
Current
No Effect
Atlantic sturgeon
Acipenser oxyrinchus
oxynnchus
E
Current
No Effect
Black- throated green warbler
Dendroica virens waynei
FSC
Current
No Effect
Eastern Henslow's sparrow
Ammodramus henslowu
susurrans
FSC
Current
No Effect
Rafinesque's big -eared bat
Corynorhinus rafinesquit
FSC
Historic
No Effect
Red - cockaded woodpecker
Picoides borealis
E
Current
No Effect
Southeastern myotis
Myotrs oustrorrparius
FSC
Current
No Effect
West Indian manatee
Trichechus monatus
E
Current
No Effect
Invertebrate: Vascular Plant
Grassleaf arrowhead
Sagittana weatherbiana
FSC
Historic
No Effect
Pondspice
Litsea aestivolis
FSC
Current
No Effect
Raven's boxseed
Ludwigia rovenit
FSC
Historic
No Effect
Virginia least trillium
Trillium pusillum var
Trillium
virginianum
Current
No Effect
Habitat Analyses
American alligator
American alligators inhabit fresh and brackish marshes, ponds, lakes, rivers, swamps, bayous,
canals, and large spring runs They often bask on partially submerged logs or on land next to the
water Alligators dig dens in river or lake margins or in marshes, they spend cold winter and
drought periods in the den They depend on access to air holes to survive in ice- covered ponds
The American alligator is common in all drainages of Gates County, Merchants Millpond State
Park, and Chowan River Once the project is completed, it could provide suitable habitat for
American alligators, however in its current state as cropland, no suitable habitat exist
Therefore, based on habitat requirements and an onsite review, a biological conclusion of "No
Effect' has been made
American eel
American eel is a catadromous fish found on the eastern coast of North America that lives in
fresh water and estuaries Eels are bottom dwellers and hide in burrows, tubes, snags, masses
of plants, other types of shelters They are found in a variety of habitats including streams,
rivers, and muddy or silt- bottomed lakes during their freshwater stage, as well as oceanic
waters, coastal bays and estuaries Due to the proposed project's headwater location in the
watershed and existing conditions, there is no suitable habitat for this species Therefore, a
biological conclusion of "No Effect" has been made

Atlantic sturgeon
Atlantic sturgeon are anadromous fish that spawn in freshwater in the spring and early summer
and migrate into "estuarine" and marine waters where they spend most of their lives In some
southern rivers a fall spawning migration may also occur They spawn in moderately flowing
water (46 -76 cm /s) in deep parts of large rivers Sub - adults and adults live in coastal waters and
estuaries when not spawning, generally in shallow (10 -50 m depth) near shore areas dominated
by gravel and sand substrates Due to the proposed project's headwater location in the
watershed and existing conditions, there is no suitable habitat for this species Therefore, a
biological conclusion of "No Effect" has been made
Black- throated green warbler
In southern Virginia and coastal North Carolina, black- throated green warblers are closely
associated with Atlantic white cedar Where cedar is scarce or absent, such as coastal South
Carolina, these birds are found primarily in non - alluvial forested wetlands or transitional zones
between upland and wetland Black- throated green warblers are sometimes found in small or
headwater riparian forests, but most observers suggest an association with forest stands
growing in non - alluvial muck swamp The project area is currently tilled cropland with several
degraded lateral drainage ditches Based on the habitat requirements and an onsite review,
there is no suitable habitat for this species within the project area, therefore a biological
conclusion of "No Effect" has been made
Eastern Henslow's sparrow
This species occupies ephemeral grassland habitats Specific grassland features include
unbroken patches of at least 75 acres which are part of larger tracts (at least 400 acres), native
grass species like little bluestem, prairie dropseed, blue point, and Indian grass, few woody
plants, substantial litter and old, erect grass stems, and fairly deep weed and grass growth
Periodic burning, light grazing, and controlled mowing produce these conditions Reclaimed strip
mines, fallow fields, powerline cuts, and restored prairie can also be used by this sparrow
Winter habitats include coastal grasslands, pine savannah, and pitcher plant bogs The project
area is currently tilled cropland with several lateral drainage ditches Based on the habitat
requirements and an onsite review, there is no suitable habitat for this species within the
project area, therefore a biological conclusion of "No Effect" has been made
Rafinespue's big -eared bat
This bat has a split range in North Carolina, in the southern Appalachians, and in the sandhills
and coastal plain Natural roost sites include hollow trees and caves, but throughout its range
most records of this species are from abandoned buildings. Caves and mines are used by this bat
in the upland portions of its range, including North Carolina In abandoned structures, this bat is
found in the darkest portions of the building, preferring windowless rooms such as bathrooms
and closets, but in caves, areas receiving some natural light seem preferred Sites along river
systems and other permanent bodies of water nearby old growth forests are preferred. Based
on the habitat requirements and an onsite review, there is no suitable habitat within the project
area, nor is suitable habitat likely to occur once the project is completed Therefore, a biological
conclusion of "No Effect" has been made

Red- Cockaded woodpecker
Red - Cockaded Woodpeckers (RCWs) require open stands of pine, containing trees at least 60
years old and living, in which to excavate their cavities Longleaf pines (Prnus palustrrs) are most
commonly used as cavity trees, but other species of southern pine such as loblolly pine (Prnus
toeda), are also acceptable Foraging habitat is provided in mature (greater than 30 years old)
pine and mixed pine /hardwood stands ranging from 80 to 125 acres Dense stands of
hardwoods, or pine stands with a dense hardwood understory are avoided The proposed
project area is currently tilled cropland with several lateral ditches Once restored, the project
will function as a non - riparian wetland dominated by stands of bottomland hardwoods and
pockets of emergent wetland vegetation Based on the habitat requirements and an onsite
review, there is no suitable habitat for RCWs within the project area, nor is suitable habitat likely
to occur once the project is completed. Therefore, a biological conclusion of "No Effect" has
been made
Southeastern myotis
These bats generally use buildings and other structures, mines, and hollow trees (e g , water
tupelo, black gum, water hickory, bald cypress) for spring and summer roosts Foraging habitat
is riparian floodplain forests or wooded wetlands with permanent open water These bats may
forage primarily over lakes, ponds, or slow - moving streams Based on the habitat requirements
and an onsite review, there is no suitable habitat within the project area, nor is suitable habitat
likely to occur once the project is completed Therefore, a biological conclusion of "No Effect"
has been made
West Indian Manatee
The West Indian Manatee is an endangered species which inhabits both marine and freshwater
environments Based on the habitat requirements and an onsite review, there is no suitable
habitat for Manatees within the project area, nor is suitable habitat likely to occur once the
project is completed Therefore, a biological conclusion of "No Effect" has been made
Grassleaf arrowhead
This aquatic herbaceous plant is rooted to the ground with stems and leaves emerging above
the water surface This species is commonly found in waterways, marshes, swamps, drainage
ditches, irrigation channels and rice crops in warmer temperate, sub - tropical and tropical
environments Currently, the distribution of this species is not found in this area The project
site is currently tilled cropland with several lateral ditches Once restored, the project will
function as a nonriparian depressional wetland dominated by stands of bottomland hardwoods
and pockets of emergent wetland vegetation Based on the habitat requirements and an onsite
review, there is no suitable habitat for this species within the project area, nor is suitable habitat
likely to occur once the project is completed
Pondspice
Pondspice is a rare deciduous shrub found in wet areas of the outer Coastal Plain It is endemic
to the southeastern US Coastal Plain and found nowhere else in the world It is found on
margins of swamps, limesink ponds, bay heads, small ponds, pitcher plant savannas, natural
doline ponds and to low wet woodlands This species occurs on wet, sandy or peaty, and quite
acid soils Like Lindera, it may form thickets and thus, while spotty in distribution, may be

abundant locally Based on the habitat requirements and an onsite review, there is no suitable
habitat within the project area, nor is suitable habitat likely to occur once the project is
completed Therefore, a biological conclusion of "No Effect" has been made
Raven's boxseed
This species is found in the coastal plain of Virginia, South Carolina, North Carolina, and
northeast Florida_ It is restricted to open, wet, peaty places, such as ditches and the margins of
swamps, ponds, and bogs and is considered an obligate wetland plant The project site is
currently tilled cropland with several lateral ditches Once restored, the project will function as
a non - riparian depressional wetland dominated by stands of bottomland hardwoods and
pockets of emergent wetland vegetation Based on the habitat requirements and an onsite
review, there is no suitable habitat for this species within the project area, nor is suitable habitat
likely to occur once the project is completed
Virginia least trillium
This species is a vascular plant commonly found in low, alluvial woodlands such as palustrine
forested wetlands The project site is currently tilled cropland with several lateral ditches Once
restored, the project will function as a non - riparian depressional wetland dominated by stands
of bottomland hardwoods and pockets of emergent wetland vegetation Based on the habitat
requirements and an onsite review, there is no suitable habitat for this species within the
project area, nor is suitable habitat likely to occur once the project is completed_

Albemarle Restorations, LLC
Wetland Restoration
Stream Restoration
Wildlife Habitat
March 12, 2013
North Carolina Department of Environment and Natural Resources
Ecosystem Enhancement Program
ATTN- Ms Heather Smith
1652 Mail Service Center
Raleigh, NC 27699 -1652
RE: Task 1, Coastal Zone Management Act Requirements
EEP Contract #004628, IMS# 95355
Hofler Property Site, Gates County, NC
Dear Heather.
Please find attached a revised Categorical Exclusion Form, page 7, regarding the Coastal
Zone Management Act (CZMA) question #4 for the above referenced project A
nationwide permit #27 will be required for the project and based on the North Carolina
Department of Environment and Natural Resources (NCDENER), Division of Coastal
Management (DCM) consistency concurrence letter dated March 12, 2012, to the US
Army Corps of Engineers, Wilmmgton District, all 50 Nationwide permits are consistent
with North Carolma's Coastal Management Program In the event that a nationwide
permit is not received for the mitigation project then an individual consistency
certification from NCDENR DCM will be provided-
Please call me at 252- 333 -0249 or e -mail at edtemolOt voi cony if you have any
questions or comments
Sincerely,
Edmund R Temple, Jr
Principal
P O BOX 204
GATESViLLE, NC 27938
PHONE [phone]
FAX [phone]

Is the project located in a CAMA county?
2. Does the project involve ground - disturbing activities within a CAMA Area of
Environmental Concern (AEC)?
4. Has NCDGM agreed that the project is consistent with the NG Goastal Management Lt Yes
Program? ❑ No
N/A
; -7, : +�; L: lit, I r_, on�n4�,1 R'-i3 i)nlis +' and Liribklai �'lf;, (,, EER :L.A`i
1 Is this a Yufl- delivery project?
_ _
✓
p
Yes
No
2. Has the zoning /land use of the subject property and adjacent properties ever been
❑
Yes
designated as commercial or industrial?
0
No
El
NIA
3. As a resuR of a limited Phase I Site Assessment, are there k__ nown or potential
Yes
hazardous waste sites within or adjacent to the project area?
[]✓
No
_ _ _ ___
4. As a result of a Phase I Site Assessment, are there known or potential hazardous
❑
❑
N/A
Yes
waste sites within or adjacent to the project area?
❑
No
✓[]
N/A
_ _ _
5. As a result of a Phase II Site Assessment, are there known or potential hazardous
j
Yes
waste sites within the project area?
❑
No
✓
N/A
6. Is there an approved hazardous mitigation plan? -
Yes
❑ No
N/A
National Historic PrLS£ rva €ion A,:t SSuctit Ocl
1. Are there properties listed on, or efi�ibie for listing on, the National Register of
_Yes _-
Historic Places in the project area?
✓❑moo
z. uum. ute NrupC1a wimi Suur puptnti b arlu uuCS Irrtl onr,%j nYV concur! LJ r e5
❑ No
_ Q✓ NIA
3. If the effects are adverse, have they been resolved? El Yes
❑ No
_ _ _ _ _ ✓ N/A
' "f,7l�r,'r Qr':.-.,i' .�.S3i�ta ^L','r a.t.t t+'...� Fi -.. �.,rt - .. i "5i {�.;1 !' „i,.�ir_ -r : ,;l``..l r•it +. t.; --
i 1. Is this a "lull- delivery” project? ✓ Yes -
__ ❑ No
2. Does the project require the acquisition of real estate? j Yes
❑ No
1 ❑ NIA _
3. Was the property acquisition completed prior to the intent to use federal funds? Yes
[] No
El N/A _
4. Has the owner of the property been informed: ✓ Yes
' prior to making an offer that the agency does not have condemnation authority;-and ❑ No
what the fair market value is believed to be? _ � NIA
Version 1.4, 8118/05

Appendix A
Categorical Exclusion Form for Ecosystem Enhancement
Program Projects
Version 1.4
Note; Only Appendix A should to be submitted (along with any supporting documentation) as the
environmental document.
Part
1: General •
Project
PrO eGt Name:
Hoffer Property
County Name:
Gates County
EEP Number:
953515
Albemarle Restorations, LLG
Pro ect Sponsor:
Project Contact Name:
Edmund Temple
Project Contact Address:
P.O. Box 176 Fairfield, NC 27826
Pro ect Contact E -mail:
edterriplipawl. corn
-
EP Project Manager: I Heather Smith
Project • r
The proposed project will wilt provide up to 22.0 Nun - Riparian Wetland Mitigation Units
(W MUs) in the Bennetts Creek targeted local watershed (HUC: 010 10203040040) of the
Chowan River Basin (HUC: 03010203).
For Official Use Only
Reviewed By:
Date
EEP Project Manager
Conditional Approved By:
Date
For Division Administrator
FHWA
Check this box if there are outstanding issues
Final Approval By:
Date
For Division Administrator
FHWA
6 Version 1.4, 8/18/05

Part 2: All Projects
Response
Coastal Zone Manacierrient Act CZMA
1. Is the project located in a CAMA county?
Q Yes
❑ No
2. Does the project involve ground- disturbing activities within a CAMA Area of
❑ Yes
Environmental Concern (AEC)?
No
❑ N/A
3. Has a CAMA permit been secured?
❑ Yes
❑ No
✓❑ N/A
4. Has NCDCM agreed that the project is consistent with the NC Coastal Management
❑ Yes
Program?
❑ No
✓❑ N/A
Comprehensive Environmental Response, Compensation and Liabilit Act CERCLA
1. Is this a "full- delivery" project?
✓❑ Yes
❑ No
2. Has the zoning /land use of the subject property and adjacent properties ever been
❑ Yes
designated as commercial or industrial?
❑✓ No
❑ N/A
3. As a result of a limited Phase I Site Assessment, are there known or potential
❑ Yes
hazardous waste sites within or adjacent to the project area?
[Z] No
❑ N/A
4. As a result of a Phase I Site Assessment, are there known or potential hazardous
❑ Yes
waste sites within or adjacent to the project area?
❑ No
[Z] N/A
5. As a result of a Phase II Site Assessment, are there known or potential hazardous
❑ Yes
waste sites within the project area?
❑ No
❑✓ N/A
6. Is there an approved hazardous mitigation plan?
❑ Yes
❑ No
❑✓ N/A
National Historic Preservation Act Section 106
1. Are there properties listed on, or eligible for listing on, the National Register of
El Yes
Historic Places in the project area?
✓❑ No
2. Does the project affect such properties and does the SHPO/THPO concur?
❑ Yes
❑ No
❑N/A
3. If the effects are adverse, have they been resolved?
❑ Yes
❑ No
[Z] N/A
Uniform Relocation Assistance and Real Property Acquisition Policies Act Uniform
Act
1. Is this a "full- delivery" project?
✓ Yes
❑ No
2. Does the project require the acquisition of real estate?
✓❑ Yes
❑ No
❑ N/A
3. Was the property acquisition completed prior to the intent to use federal funds?
❑ Yes
❑✓ No
❑ N/A
4. Has the owner of the property been informed:
❑ Yes
• prior to making an offer that the agency does not have condemnation authority; and
❑ No
• what the fair market value is believed to be?
❑ N/A
Version 1.4, 8/18/05

Part 3: Ground-Disturbing
Response
American Indian Reli ious Freedom Act AIRFA
1. Is the project located in a county claimed as "territory" by the Eastern Band of ❑ Yes
Cherokee Indians? ✓❑ No
2. Is the site of religious importance to American Indians?
❑ Yes
❑ No
❑✓ N/A
3. Is the project listed on, or eligible for listing on, the National Register of Historic
❑ Yes
Places?
❑ No
❑✓ N/A
4. Have the effects of the project on this site been considered?
❑ Yes
❑ No
✓❑ N/A
Antiquities Act AA
1. Is the project located on Federal lands?
❑ Yes
❑✓ No
2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects
❑ Yes
of antiquity?
❑ No
[Z] N/A
3. Will a permit from the appropriate Federal agency be required?
❑ Yes
❑ No
[Z] N/A
4. Has a permit been obtained?
❑ Yes
❑ No
❑ N/A
Archaeological Resources Protection Act ARPA
1. Is the project located on federal or Indian lands (reservation)?
❑ Yes
[Z] No
2. Will there be a loss or destruction of archaeological resources?
❑ Yes
❑ No
❑✓ N/A
3. Will a permit from the appropriate Federal agency be required?
❑ Yes
❑ No
✓❑ N/A
4. Has a permit been obtained?
❑ Yes
❑ No
0 N/A
Endangered Species Act ESA
1. Are federal Threatened and Endangered species and /or Designated Critical Habitat
❑✓ Yes
listed for the county?
❑ No
2. Is Designated Critical Habitat or suitable habitat present for listed species?
❑ Yes
✓❑ No
❑ N/A
3. Are T &E species present or is the project being conducted in Designated Critical
❑ Yes
Habitat?
✓❑ No
❑ N/A
4. Is the project "likely to adversely affect" the species and /or "likely to adversely modify"
❑ Yes
Designated Critical Habitat?
✓❑ No
❑ N/A
5. Does the USFWS /NOAA- Fisheries concur in the effects determination?
❑ Yes
❑ No
0 N/A
6. Has the USFWS /NOAA- Fisheries rendered a "jeopardy" determination?
❑ Yes
❑ No
N/A
Version 1.4, 8/18/05

Version 1.4, 8/18/05
Executive Order 13007 Indian Sacred Sites
1.
Is the project located on Federal lands that are within a county claimed as "territory"
❑ Yes
by
the EBCI?
2] No
2.
Has the EBCI indicated that Indian sacred sites may be impacted by the proposed
❑ Yes
project?
❑ No
0 N/A
3.
Have accommodations been made for access to and ceremonial use of Indian sacred
❑ Yes
sites?
❑ No
N/A
Farmland Protection Policy Act FPPA
1.
Will real estate be acquired?
Z Yes
❑ No
2.
Has NRCS determined that the project contains prime, unique, statewide or locally
Q Yes
important farmland?
❑ No
❑ N/A
3.
Has the completed Form AD -1006 been submitted to NRCS?
[Z] Yes
❑ No
❑ N/A
Fish and Wildlife Coordination Act FWCA
1.
Will the project impound, divert, channel deepen, or otherwise control /modify any
❑ Yes
water body?
✓❑ No
2.
Have the USFWS and the NCWRC been consulted?
❑ Yes
❑ No
✓❑ N/A
Land and Water Conservation Fund Act Section 6
1.
Will the project require the conversion of such property to a use other than public,
❑ Yes
outdoor recreation?
0 No
2.
Has the NIPS approved of the conversion?
❑ Yes
❑ No
❑✓ N/A
Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat
1.
Is the project located in an estuarine system?
❑ Yes
✓❑ No
2.
Is suitable habitat present for EFH- protected species?
❑ Yes
❑ No
✓❑ N/A
3.
Is sufficient design information available to make a determination of the effect of the
❑ Yes
project on EFH?
❑ No
❑✓ N/A
4.
Will the project adversely affect EFH?
❑ Yes
❑ No
❑✓ N/A
5.
Has consultation with NOAA- Fisheries occurred?
El Yes
❑ No
(Z] N/A
Migratory Bird Treat Act MBTA
1.
Does the USFWS have any recommendations with the project relative to the MBTA?
❑ Yes
0 No
2.
Have the USFWS recommendations been incorporated?
❑ Yes
❑ No
N/A
Wilderness Act
1.
Is the project in a Wilderness area?
❑ Yes
E] No
2.
Has a special use permit and /or easement been obtained from the maintaining
❑ Yes
federal agency?
❑ No
0 N/A
Version 1.4, 8/18/05

APPENDIX C

Hofler Restoration Site - Existing Conditions
Dry Year
Water Inputs
Water Outputs
Change in
Storage
Excess
Water
Wetland
Volume
1995
P
Si '
Gi
PET
So
Go
January
2.48
0.00
000
0.44
0.00
2 80
-0.75
0.00
0.00
February
5.89
0.52
0.00
0.33
0.52
2 80
2.76
0.00
2.76
March
2.96
0 1
0.00
1.18
018
2 80
-1.02
0.00
1.74
April
1.00
0.00
0.00
2.48
0.00
2 80
-4.28
0.00
0.00
May
2.47
0.05
0.00
4.01
0.05
2
-434
0.00
0.00
June
4.82
0.57
0.00
5.60
0.57
2.; C.
-3.58
0.00
0.00
July
1.06
0.00
000
6.78
0.00
2 80
-8.53
0.00
0.00
August
319
0.07
0.00
5.93
0.07
2 80
-5.53
0.00
0.00
September
4.09
0.02
000
4.20
0.02
2 80
-2.91
0.00
0.00
October
4.95
0.46
000
2.84
0.46
2 80
-0.69
0.00
0.00
November
3.04
0.01
0.00
0.82
0.01
2 80
-0 58
0.00
0.00
December
2.13
0.04
0.00
0.21
0.04
2 80
0.87
0.00
0.00
Annual Totals
50 62 1
7 26
0.00
:34.49
7.26
33.60
Avg. Year
Water Inputs
Water Outputs
Change in
Storage
Excess
Water
Wetland
Volume
1984
P
Si *
Gi
PET
So
Go
January
3.32
0.32
0.00
0.14
0.32
2 80
0.38
0.00
0.38
February
4.30
0.11
0.00
0.46
0.11
2 80
1.03
0.00
1.41
March
3.51
0.06
0.00
1.34
006
2 80
-0.63
0.00
0.78
April
5.18
0.36
0.00
310
0.36
2 80
-0.72
0.00
0.06
May
6.64
0.77
0.00
3.25
0.77
2 80
0.59
0,00
0.65
June
1.20
0.00
0.00
6.05
0.00
2 80
-7.65
0.00
0.00
July
10.91
1.68
0.00
6.65
1.68
2 80
1.47
0.00
1.47
August
4.13
1.29
0.00
5.29
1.29
2 80
-3.97
0.00
0.00
September
7.15
2.62
0.00
186
262
2 80
0.49
0.00
0.49
October
1.01
0.00
0.00
212
0.00
2 80
-3.91
0.00
0.00
November
210
0.03
0.00
1.48
0.03
2 80
-2.17
0.00
0.00
December
1 117 1
0.01
0.00
0.76
0.01
2 80
-2.38
0.00
0.00
Annual Totals 1
50 62 1
7 26
0.00
:34.49
7.26
33.60
Wet Year
Water Inputs
Water Outputs
Change in
Storage
Excess
Water
Wetland
Volume
1996
P
Si *
Gi
PET
So
Go
January
4 53
0.38
0.00
0.26
0.38
2 : =.0
1 46
0.00
1.46
February
3.05
0.00
0.00
0 36
0.00
2 80
-0.12
0.00
1.35
March
4.75
041
0.00
0.81
0.41
2 80
1.14
0.00
2.49
April
3.22
003
0.00
2.56
0.03
2 80
-2.15
0.00
0.34
May
4.20
1 006
0.00
3.97
0.06
1 2 80
-2.57
0.00
0.00
June
4.62
0.25
0.00
5.66
0.25
2 8G
-3.84
0.00
0.00
July
13.98
5.00
0.00
5 97
500
2 80
5.21
0.00
4.32
August
6.62
0.40
0.00
5.17
0.40
2 80
-1.35
0.00
2.97
September
141
0.05
0.00
4.21
0.05
2 80
-3.60
0.00
0.00
October
5.68
2.33
0.00
243
2 33
2 80
0.45
0.00
0.45
November
340
0.24
000
0 73
0.24
2 8%
-0.13
0.00
0.32
December
3.92
0.02
000
065
0.02
2 80
0.47
000
0.79
Annual Totals
61.37
9.17
0.00
32.78
9.17
33.60

Hydrologic Budget
Existing Conditions
9 —
Growing Season
March 9 - Nov. 6
8
7 -- -- -.- - - - - - -
m
t
U
C
E5
-- -
- - - -- -
0
Maximum Ca acit
4
pround Surface)
�
1
3
\
\\
2
1 \/A
1
'%\* \
G�unudace \
1 �•
�Ar _rte
Q
�eQ O boa Oeu
2.88 in. - Jurisdictional
Boundary (12" below
ground)
4.32 in - Maximum
Capacity/Soil Surface
— — Dry Year (1995)
i
-- F -- Average Year (1984)
— t — Wet Year (1996)

Hofler Restoration Site - Proposed Conditions
Dry Year
Water In uts
Water In uts
Water Out uts
Change in
Storage
Excess
Water
Wetland Volume
1995
P
Si *
Gi
PET
So
Go
January
2.48
0 0
0.00
0.44
0.00
2 80
-0.75
0.00
0.00
February
5.89
0.52
0.00
0.33
0.00
2 80
3 29
0.00
3.29
March
2 96
0.18
0.00
118
0.00
2 80
-0.84
0.00
2.44
April
1.00
0.00
0.00
2.48
0.00
2 8C
-4.28
0.00
1 0.00
May
2.47
0.05
0.00
4.01
000
2 80
-4.28
0.00
0.00
June
4.82
0.57
0.00
5.60
0.00
2 80
-3.01
0.00
0.00
July
1.06
0.00
0.00
6.78
0.00
2 80
-8.53
0.00
0.00
August
3.19
0.07
0.00
5.93
0.00
2 80
-5.46
000
0.00
September
4.09
0.02
0.00
4.20
0.00
2 80
-2.89
0.00
0.00
October
4.95
0.46
0.00
1 2.84
0.00
1 2 80
-0.23
0.00
0.00
November
3.04
0 01
0.00
0.82
0.00
2 80
-0.57
0.00
0.00
December
2.13
0.04
0.00
0.21
- --
2 30
-083
0.00
0.00
Annual Totals
1 7 26
0 00
31 49
0.00
33.60
33.60
Avg. Year
Water In uts
Water Out Uts
Change in
Storage
Excess
Water
Wetland Volume
1986
P
Si -
Gi
PET
So
Go
January
3.32
0.32
0.00
014
0.00
2 8C
0.70
0.00
0.70
February
4.30
0 11
0.00
0.46
0.00
2 80
1.15
0.00
1.84
March
3.51
0.06
0.00
1.34
0.00
2 80
-0.58
0.00
1.27
April
5.18
0.36
0.00
310
0.00
2 80
1 -0.35
0.00
0.91
May
6.64
0.77
0.00
3.25
1 0.00
2 80
1.36
0.00
2.27
June
1.20
0.00
0.00
6.05
0.00
2 80
-7.65
0.00
0.00
July
10.91
1 6
0.00
6.65
0.00
2 80
3.15
0.00
3.15
August
4.13
1.29
0.00
5.29
0.00
2 80
-2.67
0.00
0.47
September
7.15
2.62
0.00
3.86
0.00
2 80
3.12
1 0.00
3.59
October
1.01
0.00
0.00
2.12
0.00
2 80
-3.91
0.00
0.00
November
2 10
0.03
0.00
1 1.48
1 0.00
2 80
-2.14
0.00
0.00
December
1 1.17
1 0.01
0.00
0.76
0.00
2 80
-2.37
0.00
0.00
Annual Totals
1 50 62
1 7 26
0 00
31 49
0.00
33.60
33.60
Wet Year
Water In uts
Water Outputs
Change in
Storage
Excess
Water
Wetland Volume
1996
P
Si*
Gi
PET
So
Go
January
4.53
0.38
0.00
0.26
0.00
2 30
1.85
0.00
1.85
February
3.05
0.00
0.00
036
0.00
2 80
-0.12
0.00
1.73
March
4.75
0.41
0.00
0.81
0.00
2 8C
1.55
000
3.28
April
3.22
0.03
0.00
2 56
0.00
2 80
-2.12
0,001
1.16
May
4.20
1 0.06
0.00
3.97
1 0.00
2 80
-2.51
0,001
0.00
June
4.62
0.25
0.00
5.66
0.00
2 80
1 -3.59
0.00
0.00
July
13.98
5.00
0.00
5.97
0.00
2 80
10.21
2.41
4.61
August
6.62
0.40
0.00
5.17
0.00
2 80
-0.94
000
366
September
3.41
0.05
0.00
4.21
0.00
2 80
-3.55
0.00
011
October
5.68
2.33
0.00
1 2.43
0.00
2 80
2.78
0.00
2.89
November
1 3.40
1 0.24
0.00
0.73
1 0.00
2 80
0.111
0.00
3.00
December
3.92
0.02
0.00
0.65
0.00
2 80
0.491
0,001
3.49
Annual Totals
61.37
9.17
0.00
32.78
0.00
33.60
Note. An increase in capacity of 0.2 feet (2.4 inches) of surface water is assumed based on the creation of microtopography during wetland restoration.

6.72 in - Maximum
Capacity at 2.4 inches
above soil surface
Ground Surface
2.88 in. - Jurisdictional
Boundary (12" below
ground)
— • Dry Year (1995)
- - -W -- Average Year (1984)
— t — Wet Year (1996)
-- 1
Hydrologic Budget
Proposed Conditions
5
- - - - -- - -- -- — --
- ---- - - -.._ ___ - —.
Growing Season
March 9 - Nov. 6
4.5
- --
I
Maximum Capacity I \
(2.4 in. Above Ground Surface) I \
4
-
r -- -
--
,I \
I \
A
3.5
- - - --
- -- -- —
1
i
t
f
3
A.
/ 1
F
1
.5
41
,11
11
li i
1 i
1 Bblow
1
1
Ground Surface
I
I C
1 1
1
1
Jan. Feb. March
April May June July August
Sept. Oct. Nov. Dec.
6.72 in - Maximum
Capacity at 2.4 inches
above soil surface
Ground Surface
2.88 in. - Jurisdictional
Boundary (12" below
ground)
— • Dry Year (1995)
- - -W -- Average Year (1984)
— t — Wet Year (1996)
-- 1

Project Information
Project HOFLER
User CTS
Company/ Agency ECOTONE
Project Location BEAUFORT CO
Soil ID BnA
Site Parameters
State North—Carolina
County Gates
User defined T25 or Built In T25 DEFAULT
T25 value 14 2 days
User defined Conductivity or Soil Survey Conductivity SOIL SURVEY
Weighted Hydraulic Conductivity 0 3073 m/hr
Hydraulic Conductivity Data by Layer for Soil BnA_Bladen_dramed
Weighted Hydraulic Conductivity Calculated Using Average K Values
Depth to Restrictive Layer 7 5 ft
Drawable Porosity 0 035
Hydropenod 14 days
Surface Storage I in (2 5 cm)
Ditch Depth or Depth to Water Surface 2 ft - BnA
Bottom Depth in Low K m/hr
Layer 1
700
057
Layer 2
1400
057
Layer 3
6400
006
Layer 4
9000
006
Layer 5
000
000
Layer 6
000
000
Layer 7
000
000
Layer 8
000
000
Lateral Effect 44 8 ft
-------------------- - - - - --
High K m/hr Average K m/hr
1 98
1275588
1 98
1275588
020
0 12897612
020
0 12897612
000
000
000
000
000
000
000
000
Ditch Depth or Depth to Water Surface 2 5 ft - BnA
Bottom Depth in Low K m/hr
Layer 1
700
057
Layer 2
1400
057
Layer 3
6400
006
Layer 4
9000
006
Layer 5
000
000
Layer 6
000
000
Layer 7
000
000
Layer 8
000
000
----------------------------
Lateral Effect 53 4 ft
High K m/hr Average K m/hr
198
1275588
198
1275588
020
0 12897612
020
0 12897612
000
000
000
000
000
000
000
000

Ditch Depth or Depth to Water Surface 3 ft - BnA
Bottom Depth in Low K in/hr High K in/hr Average K in/hr
Layer 1 700
057
1 98
1275588
Layer 2 1400
057
1 98
1275588
Layer 3 6400
006
020
0 12897612
Layer 4 9000
006
020
0 12897612
Layer 5 000
000
000
000
Layer 6 000
000
000
000
Layer 7 000
000
000
000
Layer 8 000
000
000
000
----------------------------------------------
Lateral Effect 60 1 ft
----------------------------------------------
000
000
Layer 8
Ditch Depth or Depth to Water
Surface
3 5 ft - BnA
000
Bottom Depth in Low K in/hr High K in/hr Average K in/hr
Layer 1 700
057
1 98
1275588
Layer 2 1400
057
1 98
1275588
Layer 3 6400
006
020
0 12897612
Layer 4 9000
006
020
0 12897612
Layer 5 000
000
000
000
Layer 6 000
000
000
000
Layer 7 000
000
000
000
Layer 8 000
000
000
000
----------------------------------------------
Lateral Effect 64 6 ft
----------------------------------------------
000
000
Layer 8
Ditch Depth or Depth to Water
Surface
4 ft - BnA
000
Bottom Depth in Low K m/hr High K in/hr Average K in/hr
Layer 1
700
057
1 98
1275588
Layer 2
1400
057
1 98
1275588
Layer 3
6400
006
020
0 12897612
Layer 4
9000
006
020
0 12897612
Layer 5
000
000
000
000
Layer 6
000
000
000
000
Layer 7
000
000
000
000
Layer 8
000
000
000
000
----------------------------------------------
Lateral Effect 68 2 ft
----------------------------------------
- - - - --

Project Information
Project HOFLER
User CTS
Company / Agency ECOTONE
Project Location BEAUFORT CO
Soil ID PnA
Site Parameters
State North Carolina
County Gates
User defined T25 or Built In T25 DEFAULT
T25 value 14 2 days
User defined Conductivity or Soil Survey Conductivity SOIL SURVEY
Weighted Hydraulic Conductivity 1 8815 in/hr
Hydraulic Conductivity Data by Layer for Soil PnA _Pantego_dramed
Weighted Hydraulic Conductivity Calculated Using Average K Values
Depth to Restrictive Layer 6 7 ft
Drawable Porosity 0 035
Hydropenod 14 days
Surface Storage 1 in (2 5 cm)
Ditch Depth or Depth to Water Surface 2 ft - PnA
Bottom Depth in
Low K m/hr
High K in/hr
Average K in/hr
Layer 1 1800
1 98
595
3968496
Layer 2 2700
057
198
1275588
Layer 3 8000
057
1 98
1275588
Layer 4 000
000
000
000
Layer 5 000
000
000
000
Layer 6 000
000
000
000
Layer 7 000
000
000
000
Layer 8 000
000
000
000
----------------------------------------------
Lateral Effect 103 1 ft
----------------------------------------------
Ditch Depth or Depth to Water Surface 2 5 ft- PnA
Bottom Depth in
Low K in/hr
High K in/hr
Average K in/hr
Layer 1 1800
198
5 95
3968496
Layer 2 2700
057
198
1275588
Layer 3 8000
057
198
1275588
Layer 4 000
000
000
000
Layer 5 000
000
000
000
Layer 6 000
000
000
000
Layer 7 000
000
000
000
Layer 8 000
000
000
000
Lateral Effect 122 7 ft

Ditch Depth or Depth to Water Surface 3 ft- PnA
Bottom Depth in
Low K m/hr
High K m/hr
Average K in/hr
Layer 1 1800
1 98
595
3968496
Layer 2 2700
057
1 98
1275588
Layer 3 8000
057
1 98
1275588
Layer 4 000
000
000
000
Layer 5 000
000
000
000
Layer 6 000
000
000
000
Layer 7 000
000
000
000
Layer 8 000
000
000
000
----------------------------------------------
Lateral Effect 137 6 ft
Ditch Depth or Depth to Water Surface 3 5 ft- PnA
Bottom Depth in
Low K in/hr
High K in/hr
Average K in/hr
Layer 1 1800
1 98
595
3968496
Layer 2 2700
057
1 98
1275588
Layer 3 8000
057
1 98
1275588
Layer 4 000
000
000
000
Layer 5 000
000
000
000
Layer 6 000
000
000
000
Layer 7 000
000
000
000
Layer 8 000
000
000
000
----------------------------------------------
Lateral Effect 147 5 ft
Ditch Depth or Depth to Water Surface 4 ft- PnA
Bottom Depth in Low K in/hr
High K in/hr
Average K m/hr
Layer 1 1800
1 98
595
3968496
Layer 2 2700
057
1 98
1275588
Layer 3 8000
057
1 98
1275588
Layer 4 000
000
000
000
Layer 5 000
000
000
000
Layer 6 000
000
000
000
Layer 7 000
000
000
000
Layer 8 000
000
000
000
----------------------------------------------
Lateral Effect 155 2 ft
----------------------------------------
- - - - --

i�
Aston Soil Works, Inc.
P.O. Box 86
Simpson, NC 27879
Albemarle Restorations
Ed Temple
P O Box 394
Gatesvdle, NC 27938
September 11, 2011
Re Hydric Sod Investigation of +/- 28 acres (Hofler Project) in Gates County, NC
Dear Mr Temple
I As requested the referenced property was evaluated for the presence of hydric soils Field
Indicators of Hydric Soils in the United States, version 6 0 was used as a reference The
evaluation involved methodically conducting hand auger borings across the property to
evaluate the sods Each boring was located using a global positioning system capable of
sub -meter accuracy Please find enclosed a map which indicates the location for each
boring and sod profile descriptions for each boring The findings of this investigation suggest
the project area contains all hydric sods
If you have any further questions, please contact me at (252) 341 -9707
Sincerely,
I�
CEO
1 Gene Aston G�� �,1E A%
gar p�`"`�l • `�l � r t
Licensed Sod Scientist # 1261 ( OCR,+ ;Y' -r'_

Soil Profile Descriptions
Gates County,
Boring 1
Hofler Project
NC
- 0 -10 inches, dark gray (2 5Y 4/1) sandy loam, weak medium granular structure, friable
- 10 -31 inches, gray (10YR5 /1) sandy clay loam, brownish yellow (I OYR 6/8) mottles, weak
moderate subangular blocky structure, sticky, plastic
- 31- 36mches, gray (1 OYR5 /1) sandy clay loam, few light gray (1 OYR 7/1) and brownish
yellow (1 OYR 6/8) mottles, weak moderate subangular blocky structure, sticky, plastic
Bonng 2
! - 0 -8 inches, dark gray (2 5Y 4/1) sandy loam, weak medium granular structure, friable
- 8 -24 inches, dark gray (10YR4 /1) sandy clay loam, few light gray (I OYR 7/1) and brownish
yellow (I OYR 6/8 mottles), weak moderate subangular blocky structure, sticky, plastic
- 24 -36 inches, light gray (10YR7 /1) sandy clay loam, few dark gray (I OYR 4/1) and
brownish yellow (1 OYR 6/8) mottles, weak moderate subangular blocky structure, sticky,
plastic
Bonng 3
- 0 -11 inches, dark gray (10YR4 /1) sandy loam, weak medium granular structure, friable
- 11 -24 inches, gray (10YR5 /1) sandy clay loam, brownish yellow (I OYR 6/8) mottles, weak
moderate subangular blocky structure, sticky, plastic
- 24 -33 inches, dark gray (10YR4 /1) sandy clay loam, few gray (I OYR 6/1) and brownish yellow
(1 OYR 6/8 mottles) weak moderate subangular blocky structure, sticky, plastic
- 33 -36 inches, light gray (10YR7 /1) sandy clay loam, many brownish yellow (1 OYR 6/8)
mottles, weak moderate subangular blocky structure, sticky, plastic
Boring 4
- 0 -9 inches, dark gray (10YR4 /1) sandy loam, weak medium granular structure, friable
- 9 -24 inches, gray (10YR5 /1) sandy clay loam, few brownish yellow (I OYR 6/8) mottles, weak
moderate subangular blocky structure, sticky, plastic
- 24 -30 inches, dark gray (1 OYR4/ 1) sandy clay loam, few gray (1 OYR 6/ 1) and brownish yellow
(1 OYR 6/8) mottles, weak moderate subangular blocky structure, sticky, plastic
- 30 -36 inches, light gray (10YR7 /1) sandy clay loam, many brownish yellow (IOYR 6/8)
mottles, weak moderate subangular blocky structure, sticky, plastic
�J

Boring 5
- 0 -8 inches, dark gray (10YR4 /1) sandy loam, weak medium granular structure, friable
- 8 -23 inches, gray (10YR5 /1) sandy clay loam, few brownish yellow (I OYR 6/8) mottles, weak
moderate subangular blocky structure, sticky, plastic
- 23 -31 inches, dark gray (10YR4 /1) sandy clay loam, few gray (I OYR 6/1) and brownish yellow
(1 OYR 6/8) mottles, weak moderate subangular blocky structure, sticky, plastic
- 31 -36 inches, light gray (10YR7 /1) sandy clay loam, many brownish yellow (I OYR 6/8)
mottles, weak moderate subangular blocky structure, sticky, plastic
Boring 6
- 0 -9 inches, dark gray (10YR4 /1) sandy loam, weak medium granular structure, friable
- 9 -26 inches, gray (10YR5 /1) sandy clay loam, few brownish yellow (I OYR 6/8) mottles, weak
moderate subangular blocky structure, sticky, plastic
- 26 -36 inches, dark gray (10YR4 /1) sandy clay loam, few gray (IOYR 6/1) and brownish yellow
(I OYR 6/8) mottles, weak moderate subangular blocky structure, sticky, plastic
Boring 7
- 0 -10 inches, dark gray (10YR4 /1) sandy loam, weak medium granular structure, friable
- 10 -23 inches, gray (10YR5 /1) sandy clay loam, few brownish yellow (I OYR 6/8) mottles,
weak moderate subangular blocky structure, sticky, plastic
- 23 -33 inches, dark gray (10YR4 /1) sandy clay loam, few light gray (I OYR 6/1) and brownish
yellow (I OYR 6/8) mottles, weak moderate subangular blocky structure, sticky, plastic
- 33 -36 inches, light gray (10YR7 /1) sandy clay loam, many brownish yellow (I OYR 6/8)
mottles, weak moderate subangular blocky structure, sticky, plastic
Boring 8
- 0 -10 inches, dark gray (10YR4 /1) sandy loam, weak medium granular structure, friable
- 10 -22 inches, dark gray (10YR3/ 1) sandy clay loam, few brownish yellow (1 OYR 6/8)
mottles, weak moderate subangular blocky structure, sticky, plastic
- 22 -36 inches, dark gray (1 OYR3/ 1) sandy clay loam, few light gray (1 OYR 7/1) and brownish
yellow (1 OYR 6/8) mottles, weak moderate subangular blocky structure, sticky, plastic

APPENDIX D

GENERAL NOTES:
1. This wetland restoration plan has been prepared for the North
Carolina Ecosystem Enhancement Program for the purpose of
restoring approximately 23 acres of non - riparian wetland on the
Hofler property, located within the Chowan River Basin.
2. Existing 0.5 foot topography within the project areas was
prepared by True Line Surveying. Other base information was
derived from Gates County GIS data as amended and corrected by
Albemarle Restorations, LLC based on field observations and
ground surveys.
3. The Contractor shall notify Albemarle Restorations, LLC and the
landowner's representative at least two (2) weeks prior to start of
grading operations within the project area.
4. The Contractor is responsible for the location of all
underground utilities prior to the start of construction. Any
damages to utilities as a result of grading or other activities will be
the sole responsibility of the Contractor and shall be repaired at
the Contractors expense.
5. Access to the wetland restoration areas shall be from Silver
Springs Road via proposed drive access way as indicated hereon.
No disturbance is to occur between the public roads and the LOD
for the wetland grading.
6. The Contractor will be responsible for any damage to private
property, including but not limited to fences and private roads
resulting from the execution of this contract. Repairs for any such
damage will be made at the Contractors expense to the
satisfaction of the private property owner and Albemarle
Restorations, LLC.
9. All machinery, equipment and supplies for the project shall be
stored in an upland location so as not to disturb any
environmentally sensitive areas or agricultural uses on the site.
10. All rough and finish grading work will be started at the lowest
proposed elevation of the wetland restoration area and proceed
up -slope to minimize soil compaction.
11. All topsoil removed during grading will be stockpiled and
returned once grading is completed.
12. Subsoiling or ripping will be incorporated as part of site
preparation prior to planting to eliminate soil compaction and
enhance plant growth.
13. A Nationwide 27 Permit, 401 Water Quality Permit, and Land
Disturbance Permit will be obtained prior to the start of
construction. Erosion control details and procedures will be
provided to the NC Division of Land Quality as part of the request
for the Land Disturbance Permit.
SEEDING NOTES:
1. Prior to seeding, remove any mounds or surface irregularities
not in conformance with grading plan. Areas that have
experienced washing out, rilling, or sediment deposition shall be
reconstructed and grades re- established by the Contractor in
accordance with the plan or as otherwise directed by Albemarle
Restorations, LLC.
2. After bringing the wetland restoration areas to final grades,
loosen soil by discing or scarifying to a depth of at least 3 inches.
3. Prior to seeding, remove all trash, debris and large objects
such as stones that might interfere with the seeding operation.
4. Seeding of wetland areas is to be according to the Wetland
Seed Mix provided on sheet P -2 of this set. Seed shall be spread
with a broadcast spreader and may be mixed with dry sand to
facilitate even spreading.
WETLAND MITIGATION PROJECT
ALBERMARLE RESTORATIONS, LLC
HOFLER SITE
GATES COUNTY, NC
EEP PROJECT ID: 95355
EEP CONTRACT #: 004628
PROPOSED WETLAND MITIGATION CREDIT SUMMARY
WETLAND RESTORATION AREAS (1:1) ACREAGE WMU'S
NON RIPARIAN WETLAND RESTORATION 23 23
Total 23 23
SITE OVERVIEW 0 350 700
SCALE: 1" = 350' " Feet
541 1
VICINITY MAP
SCALE: 1" = 5000'
INDEX OF SHEETS
T- 1 .............TITLE SHEET
G- 1 .............
GRADING PLAN OVERALL
G- 2 .............
GRADING PLAN
G- 3 .............
GRADING PLAN
G- 4 .............
GRADING PLAN
G- 5 .............
GRADING PLAN
D- 1 .............
DETAILS & SECTIONS
P- 1 ..............
PLANTING PLAN
P- 2 ..............
PLANTING DETAIL
B- 1 ..............
BOUNDARY MARKING PLAN
LE- 1............
LATERAL EFFECT
LEGEND
'ERTY
VDARY
TING CONTOURS
ND 0.5')
.S
TING ROADS
:MENT
NDARY
DOSED WETLAND
FORATION/
IECT BOUNDARY
T OF
URBANCE
TING R.O.W.
CROSS SECTION
LOCATION
PROPOSED
WETLAND AREA
PROPOSED
WETLAND BUFFER
WRL - wRL --- *;".:1 - - ---
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PROJECT N1 �A\AQER: 1aM
DESIGNED: M
DRAWN: wry
PROJECr NO. 1270
DATE: AUG. 2013
SHUT:
SHEET T -]

' - GRADING OVERVIEW
"
SCALE: 1=200' J
1o00
0 200 400.0001 z
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001 401 401 �., Feet 0 - rn
I001 l FOOT 00 Q Q O w Z N
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y y y - ° afNH �tL
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8 EASEMENT AREA a w o
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/y r PROJECT AREA (n o N
$ �1
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y y y y y BE PARTIALLY FILLED. Q
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1 - SEE DETAILS N SHEETS
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TIE EXIS4TrkG DITCH
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g y y' .�. y y y y y � •
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SHEET G -4 4, O Q Z
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$ y y y y G �y y y 1 / BOUNDARY
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y y y EE bETAICS ON` y `\� y ' PROJECT BOUNDARY
/ y y' y y y SKEET 1�3-5 y y y y 3
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EXISTING
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8 SErDETMLS ON SHEETS LIMIT OF
L00 - LOD
G -3 "G -4 AD G"5 DISTURBANCE J
y y y y y y �dD EXISTING CULVERT PROPOSED CULVERT'
$ y y y -33.4+ �cp� UNDER SILVER SPRINGS ROAD
/_ f y 4 4 y y y y / ,a PROPOSED
8 WETLAND BUFFER
O
ROPOSED ACCESS � FOR ACCESS
CULVERT
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$ RE, ISIONS
FEB. 2014 n wry
r. a1 PROJECT NIANAGFR JRNI
DESIGNED: JBM
DRAWN: wJV
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UNDER FARM PATH EXISTING DATE: AUGUST. 2013
CULVERTS " SHEET:
EXISTING CULVERT UNDER
SHEET G -1
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SCALE: 1" = 100' DRAwrv: wry
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0 100 200 DATE: AUGUST.7Ai3
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SCALE: 1" = 100' DRAwrv: wry
PRO f'1' NO 1270
0 100 200 DATE: AUGUST.7Ai3
SHEEP:
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SCALE: 1" = 100' DESIGNED: 113M
DRAWN: wry
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O 100 200 DATE: AUGUST. 2013
Feet SHEET:
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SCALE: 1 11 = 100 1 DESIGNED: IBN,
DRAWN: W7V
PROIFCT N0. 1270
DATE: AUGUST, 2013
0 100 200 SHEET:
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VERTICAL SCALE 1" = 10'
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PERMANENT WETLAND SEED MIX: 23 ACRES
Min. % Min. % % of Mix Seeding Rate
Botanical Name
Common Name
Purity
Germ.
by weight
(lbslac)
Triticum aestivum
Winter Wheat (Sept.1 -April 30)
90
85
90.5
50
Panicum Ramosum
Browntop Millet (May 1 - Aug. 31)
90
85
6,872
25
Agrostis alba
Redtop
90
85
.013
0.75
Panicum virgatum
Switch Grass
90
85
.013
0.75
Agrostis stolonifera
Creeping Bentgrass
90
85
.013
0.75
Elymus virginiana
Wild Rye Grass
90
85
.013
0.75
Peltandra virginica
Arrow Arum
90
85
.052
0.30
Setaria geniculata
Foxtail Grass
90
85
.052
0.30
Tripsacum dactyloides
Eastern Gamma Grass
90
85
.005
0.20
Echinochloa muricata
Barnyard Grass
90
85
.005
0.20
Zizania aquatics
Wild Rice
90
85
.005
0.20
Carex vulpinoidea
Fox Sedge
90
85
.005
0.20
Polygonum pensylvanicum
Penn. Smartweed
90
85
.005
0.20
Sparganium americanum
Eastern Bur Reed
90
85
.005
0.20
Scirpus americans
3- Square Bulrush
90
85
.0009
0.05
Scirpus validus
Soft Stem Bulrush
90
85
.0009
0.05
Pontederia cordata
Pickerel Weed
90
85
.0009
0.05
Eleocharis obtusa
Blunt Spike Rush
90
85
.0009
0.05
Carex lurida
Lurid (Shallow) Sedge
90
85
.0009
0.05
Juncus effusus
Soft Rush
90
85
.0009
0.05
Scirpus cyperinus
Wool Grass
90
85
.0009
0.05
Leersia oryzoides
Rice Cutgrass
90
85
.0009
0.05
Total 100%
55.2lbslac
Hofler Planting Schedule - 23 Acres
Quantity
Common Name
Scientific Name
Containerized
Bare Root
Spacing
1,100
Willow Oak
Quercus phellos
1 gallon
Acres
11X8
900
Willow Oak
Quercus phellos
6,872
2' - 4'
11X8
1,200
Swamp White Oak
Quercus bicolor
lgallon
Cu. Yds.
11X8
800
Swamp White Oak
Quercus bicolor
wm
2' -41
1 1X8
1,000
Water oak
Quercus ni ra
1 gallon
N
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11X8
700
Water oak
Quercus nigra
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2'- 4'
11X8
1,100
Bald Cypress
Taxodiumdistichum
1 gallon
11X8
800
Bald Cypress
Taxodium distichum
21-41
11X8
1,100
SwaiW Chestnut Oak
Quercus nlichauxii
1 gallon
11X8
800
Swamp Chestnut Oak
Quercus michauxii
11-41
11X8
800
Red Maple
Acer mbium
2'- 4'
1 l X8
1,100
Sweetgum
Ligit idambar styraciflua
2' - 4'
11X8
11,400
Total Stems
496
Steins Ivr Acre
Row spacing I 1 feet on center, tree spacilg W,ithin rows 8 feet on center
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HEIGHT =.9 x ROOTBALL HEIGHT
NATIVE SOIL
BACKFILL
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III - III -II - • ° II 1= 1I1 =1I1-
111 -1
TREE AND SHRUB PLANTING DETAIL:
Container Grown Stock
NOT TO SCALE
SITE INFORMATION (not for bidding purposes)
Total Area of Wetlands
23
Acres
Area Disturbed
27
Acres
Area to be Roofed
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Acres
Total Cut
13,069
Cu. Yds.
Total Fill
6,872
Cu. Yds.
Offsite Waste /Borrow
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Area Location (TBD)
6,197
Cu. Yds.
UTILITY NOTIFICATION
"Albermarle Restorations, LLC makes no representation as
to the existence or non - existence of any utilities at the
construction site. Shown on these construction drawings
are those utilities which have been identified. It is the
responsibility of the landowners or operators and
contractors to assure themselves that no hazard exists or
damage will occur to utilities. It is suggested that NC
One -Call Center be contacted at: 1- 800 - 632 - 4949."
Seedling and Whip Planting
Correct and Incorrect Planting Depth
4
Correct Incorrect Incorrect
AT SAME DEPTH T00 DEEP & ROOT TOO SHALLOW &
BENT ROOTS EXPOSED
SEEDLING WAS GROWN
IN NURSERY
Mattock Planting
1. Insert mattock, lift 2. Place seedling along straight 3. Fill in & pack soil
handle and pull. side at correct depth. to bottom of roots.
4. Firm around seedling with feet. 5. Finish filling in soil & firm with heel.
Note:
Mulching newly planted seedlings helps the soil retain water and protects the seedling
from compaction and stem injuries.
Source: Adapted from Forest Conservation Manual, 1991
Seedling and Whip Planting Techniques
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PROJECT MANAGER: JBM
DESIGNED: 113M
DRAWN: WJY
PROJECT NO, 1270
DATE: AUG. 2013
SHEET:
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DESIGNED: 113M
DRAWN: WJY
PROJECT NO, 1270
DATE: AUG. 2013
SHEET:
SHEET P -2

BOUNDARY MARKING PLAN
0 200 aoo
Feet SCALE: 1" = 200'
LEGEND
PROPERTY
BOUNDARY
EXISTING ROADS
EASEMENT
BOUNDARY
PROPOSED WETLAND
RESTORATION/
PROJECT BOUNDARY
EXISTING CONTOURS
(1' AND 0.5')
PROPOSED BOUNDARY
SIGNAGE LOCATION
WRL - WRL
1) The Provider shall set 5/8" rebar 30" in length with 3 -1/4"
aluminum caps on all easement corners. Caps shall meet EEP
specifications (Berntsen RBD5325 imprinted with NC State
Logo # B9087 or equivalent). After installation, caps shall be
stamped with the corresponding number from the table of
coordinates contained in the project conservation easement.
2) The Provider shall place a 6 -foot tall durable witness post at
each corner in the conservation easement boundary. Posts
shall be made of material that will last a minimum of 20 years.
The Provider shall attach a conservation easement sign to each
witness post and place additional signs at no more than
200 -foot intervals on long boundary lines.
BOUNDARY SIGN DETAIL
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Conservation Area
Protected by the State of North Carolina
No Mowing - No Cutting
No Vehicles
Questions'?
Contact NCDENR EEP
ww.nceep.netl
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LATERAL EFFECT 137.6FT - AVG
ANALYSIS (AVERAGE) i
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SCALE: 1" = 200'
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