20140044 Ver 1_Revised Mitigation Plan_20140521

IIaKerITITO ► Mai
Hof ler Property
Gates County, North Carolina
EEP Project ID #: 95355
EEP Contract #: 004628
Chowan River Basin
CU 03010203
USACE Action ID #: SAW- 2012 -01393
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Prepared for:
Foos stem
Li t Ii
PROL,kAM
NC Department of Environment and Natural Resources
Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699 -1652
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MITIGATION PLAN
Hof ler Property
Gates County, North Carolina
EEP Project #: 95355
EEP Contract #: 004628
Chowan River Basin
CU 03010203
USACE Action ID #: SAW -2012 -01393
Prepared for:
os stem
PROGRAM
NC Department of Environment and Natural Resources
Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699 -1652
Prepared by:
ALBEMARLE RES TORA T /DNS
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 May, 2014
NCEEP Mitigation Template version 2.0 10/1/2010

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 ►n 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 2,7 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 Riv,er'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 QF 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 REQUIREM -ENTS
28
11. LONG -TERM MANAGEMENT PLAN
30
12 ADAPTIVE MANAGEMENT PLAN
30
13 FINANCIAL ASSURANCES-
.. 31
14 OTHER INFORMATION
31
141 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
(TLWs) 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
• 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 10/1/2010
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 burnot 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 Prionties)
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
9roject is intended to provide food and habitat
NCEEP Mitigation Template version 2 0 10/1/2010
7

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ALBEMARLE RESTORATIONS, LLC EXHIBIT A SCALE: 1 inch = 7,000 feet
HOFLER PROPERTY
WETLAND RESTORATION, PROJECT ID: 95355
STREAM RESTORATION, CONTRACT# 004628
& WILDLIFE HABITAT CREATION VICINITY MAP CHOWAN RIVER BASIN I'1i�`StIll
P.O. BOX 176FAIRFIELD, NC27826 BENNETTS CREEK TLW
(151)333 -0149 FAX [phone] (HUC: 03010203040040)

PROJECT
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SCALE: 1 inch = 7,000 feet
ALBEMARLE RESTORATIONS, LLC
EXHIBIT B
HOFLER PROPERTY
WETLAND RESTORATION,
PROJECT ID: 95355
STREAM RESTORATION,
CONTRACT # 004628
& WILDLIFE HABITAT CREATION
WATERSHED MAP
CHOWAN RIVER BASIN
{'� ►��'�aC'I1 i.
P.O. BOX 176FAIRFIELD, NC 17826
CHOCOWINITY CREEK TLW
(251)333 -0249 FAX [phone]
(H UC: 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, DRAINAGE MAP PROJECT ID: 95355 `
STREAM RESTORATION, CONTRACT # 004628
& WILDLIFE HABITAT CREATION CHOWAN RIVER BASIN
P,U. BOX 176FAIRFIELD, NC 17816 BENNETTS CREEK BASIN EcYnystem
(151)333 -0149 FAX [phone] (H UC: 03010203040040 )

Legend
Property Boundary
Project Limits
- Existing Contours (2ft)
Existing Ditch
—► Existing Drainage Patterns
r
�rl
ROADSIDE DITCH ON NORTH
& SOUTH SIDE OF SILVER SPRINGS
ROAD DIVERTS SOME RUNOFF
EAST AND WEST
4L
APPROX. DRAINAGE DIVIDE I
Aerial IrfRgery DaP:P12
ALBEMARLE RESTORATIONS, LLC
WETLAND RESTORATION,
STREAM RESTORATION,
& WILDLIFE HABITAT CREATION
7 P.O. BOX 176 FAIRFIELD, NC 27826
(252)333 -0249 FAX [phone]?
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EXHIBIT C- I
EXISTING
DRAINAGE
PATTERNS
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SCALE: 1 inch = 500 feet
HOFLER PROPERTY
EEP# 004628
CHOWAN RIVER BASIN
BENNETTS CREEK BASIN
(HUC:03010203040040)
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Feet
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Legend
Property Boundary
Project Limits
Existing Contours (2ft)
Existing Ditch
—► Proposed Drainage Patterns
PROPOSED WETLAND RESTORATION
AREA WILL DRAIN NORTH INTO
EXISTING DITCHES THEN INTO UT
LASSITER SWAMP
' a
ROADSIDE DITCH ON NORTH '
& SOUTH SIDE OF SILVER SPRINGS y�,
ROAD DIVERTS SOME RUNOFF
EAST AND WEST
r
APPROX. DRAINAGE DIVIDE
N
�— 0 500 CNPOO
Aerial 1 ery Dq/e'lp12 _ Feet
ALBEMARLE RESTORATIONS, LLC EXHIBIT C -2 SCALE: 1 inch = 500 feet
HOFLER PROPERTY
WETLAND RESTORATION, PROPOSED EEP# 004628
STREAM RESTORATION, CHOWAN RIVER BASIN
& WILDLIFE HABITAT CREATION DRAINAGE
BENNETfS CREEK BASIN � ,��eIII
P.O. BOX 176 FAIRFIELD, NC 27826 PATTERNS ( HUC: 03010203040040 ,I� Ia1 "�'II I
( FAX [phone] `R-,

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ALBEMARLE RESTORATIONS, LLC
WETLAND RESTORATION,
STREAM RESTORATION,
& WILDLIFE HABITAT CREATION
P.D. BOX 176 FAIRFIELD, NC 17876
(251)333 -0249 FAX [phone]
` Legend
y 4
Project Limits
Parcel Boundary
Soils
Y: o
� 1
Mapped Soils Legend
Symbol Series
Hydric
Bladen loam, Oto 2%
slopes, poorly drained
Yes
Pantego fine sandy
N11N loam, Oto 2% slopes
Yes
very poorly drained
SCALE: 1 inch = 400 feet
EXHIBIT D
HOFLER PROPERTY
PROJECT ID: 95355
CONTRACT # 004628
SOIL MAP
CHOWAN RIVER BASIN
F'�(X>SVSt�lll
BENNETTS CREEK TLW
(HUC: 03010203040040)

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40,
Y
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Feet
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Aerial Imagery Date: 1958 M

2.10 Site Photographs (Exhibit 1)
NCEEP Mitigation Template version 2.0 10/1/2010
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
270 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

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
USGSMydrologic Unit 8 -digit 1 03010203
USGS Hydrologic Unit 14 -digit 03010203040040
DWQSub -basin ,
BENNETTS CREEK LOCAL WATERSHED
Project Drainage Area (acres)
1038
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)
230
Wetland Type (non - riparian, riparian riverine or riparian non-
nverine)
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 l
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
NO
YES _
Appendix B
Essential Fisheries Habitat
NO
YES
Appendix B
NCEEP Mitigation Template version 2 0 9/1/2010
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 consistentwith the as-
built condition
Hofler Property, Gates County
EEP Project Number: 9 5355 ; 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
����� 1�
AWROAM
' -�`wr
Totals
230
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
i
Component Surrimation
Restoration Level
Stream
(linear feet)
Riparian Wetland
(acres)_
Non - riparian
Wetland (acres)
Buffer
(square feet)
Upland'
(acres)
.� - }Yso��i
E'n,L?i W�..
Rrverine
Non
= x'_
} - n
? Gw'
"'mz �u'.+ 'r.�,`I
�$L'
Restoration
230
NCEEP Mitigation Template version 2 0 9/1/2010
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 releas&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,demonstfates performance standards are being met
10%
40%
2
Second year monitoring report,demonstrates performance standards are being met
10%
50%
3
Third,ryear monitoring report demonstrates performance;standards,are being met
10%
60%
4"
Fourth year monitoring report demonstrates performance standards are,beirig 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 mondonng, 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 project has received close -out approval
10%
100%
Initial Allocation of Released Credits
The initial allocatioh ofreleased credits; as�speafied 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 thefinal Mitigation,P/an
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 an as -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 9/1/2010
21

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 09/1/2010
22

7. MITIGATION WORK PLAN
7 1 Target Wetland Type 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 unlform,groundsurface 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 dust
below the soil surface Results of this soil analysis can be found in Appendix C
Hydrologic Modifications- The site- contains four ditches stemming from Silver Springs Road that drain
from south to north and west to east into a feeder ditch which flows north directly into the Lassiter
Swarnp,portion of Merchants Mill Pond. The drainage dividefor this area is dust south of Silver Springs
Road, however the existing roadside ditches divert some runoff east and west, therefore making Silver
Springs Road the primary drainage divide for this restoration site (Exhibit C -1)
Hydrologic modifications on site include filling in existing drainage ditches, installing ditch plugs at
outlets and removing field crowns Design grade elevation, of 33.8' will be established throughout the
interior while the surrounding wetland buffer will be set at elevation 35' Ditches draining from Silver
Springs Road and surrounding cropland will enter the site via a,series of drainages set at elevation 34 to
allow runoff to enter the project Silver Springs Road elevation is approximately 35 5' -35.7' providing at
least a foot and a half of freeboard between the inlet /inflow elevation into the site and Silver Springs
Road The northern edge of the wetland restoration site will be graded at design elevation 33 8' and left
to drain north into the existing ,ditches via ditch plugs /check dams set at elevation 34,' providing the
necessary hydrologic connection to Lassiter Swamp (Exhibit C -2)
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
NCEEP Mitigation Template version 2 0 9/1/2010
23

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 was
used to develop the hydrologic success criteria. A minimum successful hydroperiod of at least 15 days
based on a 243 day growing season (6 %) will be considered successful based on the analysis of annual
water budgets for the site (see 7 3 Data Analysis)
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 wetlandi areas
adjacent to the site and "Dominant Plants for Mayor 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 a'Iso peaks with hydrologic input
during the late winter -early spring months but then drops off for the remainder of the growing season
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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
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 at least 15 days of the 243 day growing season, which equates to 6% or greater hydroperiod
Therefore a 6% or . greater hydroperiod 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 depthgenerally 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 requ►re,rout►ne
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) maybe 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 I e from March 9'through November
6, a range of;243 days The minimum successful hydroperiod for the site would therefore be
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)
3 Per the recommendations of the NCIRT, the following understory species were incorporated
in the planting schedule on; the condition they be exempted from the minimum 10 -foot
height criterion and exempted from the calculation of average height as a measure of that
success criterion Button bush (C occidentahs), Sweet bay ,(M virgmiana), Wax myrtle (IM
cerifera), Laurel oak (Q launfolia) These species will be included in the calculations for the
survival criterion
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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
Nine (9) groundwater monitoring gauges
Hydrology
will be determined in
with,data recording devices wdhbe
consultation with EEP
installed on'site, the,data wdl'be
downloaded on a monthly basis during
the growing season
Vegetation
Quantity and location of
Monitonng,years
Vegetation will'bermomtored at
vegetation plots will be
1,2, 3, 5, and 7
eighteen (18) plots using the Carolina
determined in. consultation with
Vegetation Survey (CVS) protocols
EEP
Exotic and nuisance
Entire site
Semi'annual
Locations of,exotic and nuisance
vegetation
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 regdirements 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 stern 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 9 wells) 'The wells
will be located to assess subsurface water levels at various elevations on the site planned as
seasonally saturated or temporarily flooded Additionally, 2 pairs of wells will be located near
existing perimeter ditches to capture any potential' drainage effects (Exhibit K). 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 2% of the planted portion of the site
with a minimum of,18 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.
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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
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(,$) are upheld Endowment funds required to uphold
easement-dnd 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.
5 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
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• 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
• 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 Ill 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 (19961),
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, K, Nordman, C_, Pyne, M , Teague, J , Foti, T,., Comer;, P
(2006), Ecological Integrity Assessment and Performance Measures for Wetland Mitigation.
'NatureServe, Arlington, Virginia
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Lindenmayer, D B., and J.F. Franklin (2002), Conserving forest b►odiversity. A comprehensive multiscaled
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
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
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1
_ �
l \

COMMENTS, CORRESPONDENCE, AND REVISIONS
Second 30 -Day Comment Deadline on Repost: 5 April, 2014
1. Todd Bowers, USEPA, 7 March, 2014:
• Minimum successful hydroperiod should be "at least 15 days" based on 243 days (.06)=
14.58. Anything less than 14 consecutive days would not meet the growing season
hydroperiod standard based on 6 percent of the growing season. This could be clarified on
page 23 under Hydrologic Modifications and page 25 under Proposed Conditions. Revised
hydroperiod text on pages 23 & 24 Section 7.2 Hydrologic Modifications and 7.3 Proposed
Conditions and Section 9.0 Performance Standards, Wetland Hydrology, page 27.
• I am still troubled by the lack of information both in writing and the site plans how this
wetland system is to be tied into waters of the United States. It appears that the ditches
within the easement boundary are to be filled to grade. Does this imply that the ditches
outside the project and /or easement boundary are to be left intact and thus still able to
drain the portions of the site including surface runoff (if any) from the wetland? If so this
should be plainly stated under proposed conditions on page 25. As it stands, the proposed
conditions state that "surface water outflows are predicted to be zero as the existing
drainage ditches will be filled and surface water will be retained onsite ". Does this imply
that we are creating an isolated wetland? (See my previous comments also). Revised design
parameters under Section 7.2 Hydrologic Modifications, page 23 and added Exhibits C -1 and C-
2, showing pre and post restoration drainage patterns.
• Planting 15% sweetgum and red maple is excessive based on the ability of these species to
vigorously volunteer on disturbed sites and their lack of hard mast production. Recommend
removing or reducing the percent of sweetgum and red maple planted. Adding some minor
understory species such as Persea palustris and Cyrilla racemiflora per Erik Kulz's
recommendation is encouraged per analysis of Schafale and Weakley Nonriverine Swamp
Forest (Non - Riverine Swamp Forest per NCWAM). Sweetgum is not even listed as a
component of non - riverine swamp forests unless highly disturbed. Revised Planted
Vegetation Performance Standards in Section 9.0 on page 27 and revised the Plant Schedule in
plan sheet P -2
2. Eric Kulz, NCDWR, 1 April 2014:
DWR has reviewed the revised Mitigation Plan and continues to have a number of
questions /concerns. Our previous comments were not addressed in the revised plan.
• 1) As stated previously, the plan states that the project will slow runoff rates and provide
storage and desynchronization of overland flow before it reaches Lassiter Swamp. The
proposed site design still appears to be hydrologically isolated, with berms replacing the
access roads on three sides of the site. Also, it appears that a ditch will remain open along
the northern property boundary. It would appear that the only water quality benefit of the

project is the change in land use from agriculture to forested. It is unclear how surface
water runs onto or off of the property. It is also unclear how this project will increase
unfragmented forest areas when the site is isolated in the middle of agricultural fields.
Revised design parameters under Section 7.2 Hydrologic Modifications, page 23 and added
Exhibits C -1 and C -2, showing pre and post restoration drainage patterns and revised Project
Goals, page 5.
• 2) During an on -site review, DWR Regional staff encountered a restrictive layer at a depth
of 6 -9 inches, possibly resulting from 75 years of agricultural production. It is requested that
chisel plows or rippers be utilized during construction to ensure proper loosening of soils
beyond the restrictive horizon. Revised General Notes on plan sheet T -1 to include ripping to
ensure proper loosening of soils below the restrictive horizon (plow pan).
• 3) Review of the proposed planting list revealed that sweetgum and red maple are the two
species to be planted in greatest numbers. It has been our observation that these species
volunteer prolifically and based on research conducted by DWR on older mitigation sites,
they will become major canopy species over time through natural processes. Please remove
these species from the planting list. Revised Plant Schedule in plan on sheet P -2
• 4) Water oak (Quercus nigra) is identified as a FAC species. Care should be taken to insure
this species is planted on drier portions of the site. Also, Schafale and Weakley identify
laurel oak (Quercus laurifolia; FACW) and swamp tupelo (Nyssa biflora; OBL), as common
canopy species on nonriverine wet hardwood forests (hardwood flat). Please consider
revising the planting list. Revised Planted Vegetation Performance Standards in Section 9.0
on page 27 and revised the Plant Schedule in plan sheet P -2
3. T. Crumbley 2 April, 2014:
• The Revised Plan still does not meet the EEP minimum standard number /acreage for
vegetation monitoring plots within the project area. The minimum number of plots at the
time of contract is required to be 2% of the planted portion of the site. Revised vegetation
monitoring plots in Section 10.0 Monitoring Requirements on page 28
• As stated in the initial review of this project, it was recommended that: "well placement
should be enhanced with additional wells and transects from edge of easement
boundaries to capture any drainage effects from proposed perimeter ditches." This
comment was not addressed in the revised plan and no additional wells were proposed as
transects from remaining ditches along project boundary. Revised groundwater
monitoring well quantity and placement in Section 10.0 Monitoring Requirements,
Groundwater Gauge Location and Data Collection Requirements on pages 28 -29 and Exhibit
K Groundwater Gauge Map

• Please be advised that recommendations and comments from both iterations of the Draft
Plan (both original and revised) need to be addressed and implemented within the Final
Mitigation plan. Permit conditions and credit adjustments may still be warranted if the
Final plan does not reveal a good -faith effort to comply with the suggestions and
comments of the NCIRT during this review, particularly if performance standards and
overall project success are not met.
Initial 30 -Day Comment Deadline: 6 February, 2014
4. Todd Bowers, USEPA, 10 January 2014:
• In my review of the Hofler Property Mitigation Plan I did not come across a proposed
service area for the 22.0 anticipated credits to be generated by this project. Normally
this would be within the same and denoted adjacent HUC -8 but I did not find any
information provided to confer this assumption. To our knowledge, it is the same HUC,
but we are not provided such permit details.
• The 22 acre non - riparian wetland in question is to be constructed within the confines of a
currently drained cotton field. If the current ditches are removed and replaced to continue
draining the field while keeping them at a distance beyond their zone of influence, then
would this wetland be considered isolated? The only inputs are high water table (not
confirmed) and precipitation. If this wetland is indeed considered isolated (no surface
connectivity) then how are we creating jurisdictional Waters of the United States? I have no
question as to the function of the wetland as I am sure it could provide suitable habitat and
provide for some hydrological recharge of groundwater. However, we are building this
wetland to provide credits towards loss of Waters of the United States which is not in
keeping with the policy of "no net loss ". The wetlands used for reference data include
hardwood flats adjacent to Lassiter Swamp which, although not stated, are most likely
hydrologically connected to Bennetts Creek and therefore of a differing hydrologic regime
to the proposed restoration site. Revised design parameters under Section 7.2 Hydrologic
Modifications, page 23 and added Exhibits C -1 and C -2, showing pre and post restoration
drainage patterns.
5. Eric Kulz, NCDWR, 23 January, 2014:
DWR has reviewed the Mitigation Plan and has a number of questions /concerns.
• 1) The plan states that the project will slow runoff rates and provide storage and
desynchronization of overland flow before it reaches Lassiter Swamp. The proposed site
design appears to be hydrologically isolated, with the proposed ditches along the east and
west sides receiving surface runoff from adjacent farm fields only, as the proposed access
roads prevent surface runoff from leaving the site. It would appear that the only water
quality benefit of the project is the change in land use from agriculture to forested. It is
unclear how surface water runs onto or off of the property. It is also unclear how this
project will increase unfragmented forest areas when the site is isolated in the middle of
agricultural fields. Revised design parameters under Section 7.2 Hydrologic Modifications,

page 23 and added Exhibits C -1 and C -2, showing pre and post restoration drainage patterns
and revised Project Goals, page 5.
• 2) During an on -site review, DWR Regional staff encountered a restrictive layer at a depth
of 6 -9 inches, possibly resulting from 75 years of agricultural production. It is requested
that chisel plows or rippers be utilized during construction to ensure proper loosening of
soils beyond the restrictive horizon. Revised General Notes on plan sheet T -1 to include
ripping to ensure proper loosening of soils below the restrictive horizon (plow pan).
• 3) Review of the proposed planting list revealed that sweetgum and red maple are the two
species to be planted in greatest numbers. It has been our observation that these
species volunteer prolifically and based on research conducted by DWR on older
mitigation sites, they will become major canopy species over time through natural
processes. Please remove these species from the planting list. Revised Plant Schedule in
plan on sheet P -2.
• 4) Water oak (Quercus nigra) is identified as a FAC species. Care should be taken to insure
this species is planted on drier portions of the site. Also, Schafale and Weakley identify
laurel oak (Quercus laurifolia; FACW) and swamp tupelo (Nyssa biflora; OBL), as
common canopy species on nonriverine wet hardwood forests (hardwood flat).
Similarly, smaller understory species such as swamp bay (Persea palustris) and ironwood
(Carpinus caroliniana) were noted by Schafale and Weakley in the majority of examples
of this wetland type. Please consider adding some of these species to the proposed
planting list. Revised Planted Vegetation Performance Standards in Section 9.0 on page
27 and revised the Plant Schedule in plan sheet P -2.
6. Kathy Matthews, USFWS 27Jonuory. 2014
• The project appears from the engineering drawings to be constructed as a three -sided
impoundment in the middle of a farm field. It does not appear to be explicitly connected
to Lassiter Swamp (if so, how ?), and it is unclear how a small wetland impoundment
surrounded by farm fields and ditches will provide significant benefits to Lassiter Swamp
or Bennetts Creek. How is the site going to be connected to Waters of the US? I disagree
with the statement on Page 6 that this project has minimal earthwork and disturbance,
because of the earthen berm roads on three sides of the project. I am also concerned
that the site may need excessive management beyond the 7 -year monitoring period,
particularly due to the berms. Revised design plans to remove proposed interior access
road and perimeter ditches and revised design parameters under Section 7.2 Hydrologic
Modifications, page 23 and added Exhibits C -1 and C -2, showing pre and post restoration
drainage patterns.
7.1. Crumbley and T. Tugwell USACE 31 January, 2014:
• The District concurs with most of the previous comments. Prior to issuing a final decision
(approval or denial) on the Draft mitigation plan, we recommend an additional meeting
between the NCIRT, the provider, and NCEEP to address the concerns noted in this
review period.

• As discussed in other comments, the concern that the wetlands proposed will be
disconnected from the surrounding habitats and other aquatic resources by fragmentation
in a watershed context is one of the District's as well. Revised design parameters under
Section 7.2 Hydrologic Modifications, page 23 and added Exhibits C -1 and C -2, showing pre
and post restoration drainage patterns.
• There is also concern regarding the elevated road berms that are also proposed to
maintain the surface hydrology on the project. We do not see the proposal to artificially
impound surface water within the project area as restoring the historical conditions on-
site. We have expressed our concern for these manipulated hydrologic containment
areas in past closeout visits and discouraged providers from proposing these in the
future. Revised design plans to remove proposed interior access road and perimeter
ditches.
• The hydrologic success criteria should be stated as 6% or greater, rather than 6 -8% or
greater. Well placement should be enhanced with additional wells and transects from
edge of easement boundaries to capture any drainage effects from proposed perimeter
ditches. Revised hydroperiod text on pages 23 & 24 Section 7.2 Hydrologic Modifications
and 7.3 Proposed Conditions and Section 9.0 Performance Standards, Wetland Hydrology,
page 27, and revised groundwater monitoring well quantity and placement in Section 10.0
Monitoring Requirements, Groundwater Gauge Location and Data Collection Requirements
on pages 28 -29 and Exhibit K Groundwater Gauge Map

Filed, 08/11/2011 09 33 58 AM
SHARON G HARRELL, Register of Deeds
Gates County, NC
return: Ed Temple
BOOK 293 >ace 441 (5)
303718 �IIINIPd�NININNIBIIitlN
record: $26.00
PURCHASE OPTION AGREEMENT
THIS PURCHASE OPTION dated July 20, 2011, is given by S & '1V1 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 Ta< 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 slum of ONE DOLLAR ($1.00) paid by the AGENT,to the SELLER, and
for other good and valuably; consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree to the following:

1. 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, SELLS, , 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 gave and hold
SELLER harmless fi•om 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 Ecosy3tem 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 shall 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 Obligations 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. Time 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 Hofler, Jr., Member
By: e (SEAL)
Bernard Sidney Hofler, Jr., Member
AGENT:
Albemarle Restorations, LLC
By: - EA L)
Edmund R. 'Temple, Jr., member /manager
STATE OF NORTH CAROL]]ITA,
COUNTY OF G cite s
'Lho Wcw
I, S4- ILM , a Notary Public for std County and State, do hereby
certify that James Myron Hoffer, 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 � I_ S'+ day'of
My Commission expires: a G 13
SOT A/Q
Not Public �VT —s Cy(JB LAG C�
STATE OF NORTH CAROL17vA, L -`t- 15 p y rarn *, -, k
COUNTY OF Gad e �puN
s N
ChaU�an
h —L ' °s LM , a Notary Public for s)d County and State, do hereby
certify that Bernard Sidney tfollqL, -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 r day of.
1
My Commission expires: 0 - A$- d 0 f 3

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."%%`P B BY'n r
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STATE OF N H C OLllvA,
COUNTY OF n I
-l-
Notiry Public"
Lsu 8 61 r-um
I, OAN 1'U�_, a Notary Public for said County and State,.do`hereby
certify that Edm d RJ17emple, Jr., a member /manager of Albemarle Restorations, L' LC, a limited
liability company, personally appeared' before me this day and acknowledged the due execution of the
foregoing instrument on behalf' of the company.
Witnessmyhand and�ofcial seal, this-the W _day of c ad /,
My Commission expires: /s= 07
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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, NO 27699 -1321
THIS DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS, made
this day of , 20_, by Landoiinei name goes here
( "Grantor "), whose mailing `address is Landowner addiess'goes here to the State of
North Carolina, ( "Grantee "),, whose marling 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
WITN'ESSETH:
WHEREAS, pursuant to the provisions of N C. Gen Stat. § 143 -214.8 et seq., 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 Conseivauon Easement Template adopted 5 July 2012
Pabe I of I I

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
uddhess of tull 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
'Servi'ce, 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 InTieu 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 "' 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
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Page 2 of I I

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 Carohna, 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
o sur•veyor, 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
NCEEP Full Deliveiry Conseivation Easement Template adopted 5 July 2012
Pave 3 of 1 1

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 nght to engage in and permit others to
engage to 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
NCEEP Full Deliveiy Conseivation Easement Template adopted 5 July 2012
Page 4 of I 1

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 restofation 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 stgns 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 disr=uption 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
NCEEP Full Deliveiy Conservation Easement Template adopted 5 July 2012
Page 5 of I I

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.
®. 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 thi's 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
21699 -4652
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
R. 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'subterfaneous 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 they 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.
NCEEP Full Delivery Conseivatnon Easement Template adopted 5 July 2012
Page 6 of I l

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) ,d'ays, 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 iegular 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
NCEEP Full Delivery Consei Vat] on, Ease ment Template adopted 5 July 2012
Page 7 of I 1

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 of 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
1.321 Mail Service Center
NCEEP Futl Deliveiy Conseivauon Easement'Tenipl,ite,,idopted 5 July 2012
Pale 8 of I 1

E. `No Waiver. Enfoicement 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, land 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 Marl Service Center
NCEEP Full Deliveiy Conservation Easement Template adopted 5 July 2012
Page 8 of I I

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 perirnt 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
NCEEP Fell Deh,veiy Conset,vaion E&,ement Template adopted 5 July 2012
Page 9 of 1 l

IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written
(SEAL)
NORTH CAROLINA
COUNTY OF
1, , 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 ?p_,
Notary Public
My commission expires
NCEEP Full Deliveiy Conseivauon Eisement Template adopted 5 July 201'2
Paige -10 of I l

Exhibit A
[INSERT LEGAL DESCRIPTION]
NCEEP Full Delivery Consei vation Easement Template adopted 5 July 2012
Page 1 1 of 1 I

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON, DISTRICT
Action Id. SAW -2013 -02062 County: Gates U.S.G.S. Quad NC- MERC14ANTSVILLPOND
NOT'IFICAT'ION OF JURISDICTIONAL DETERMINATION
Property Owner: S &M Farms, LLC.
Mr. Myron Hoffer
Address: 539 NC 32 South
Sunbury, NC, 27979
Telephone Number: (252)340 -1706
Size ,(acres) 28 Nearest Town Sunbury
Neatest Waterway Bennetts Creek Rives -Basin Chowan. North Carolina Virginia
`USGS HUC 3010203 Coordinates Latitude, 36.431967
Longitude. - 76.653084
Location description: The protect area is an agricultura 1. field located north ofSR1404 approximately 1miles west
of the °town of ;Sunbury in Gatesfounty, North Carolina. _
Indicate Which of the Following Appl :
A. Preliminary Determination
Based on pielimmaty information, there maybe wetlands on,the above desciibed property We strongly suggest you have
this pi opei ty inspected to determine the extent of Department of the Army (DA).liuisdiction To be considered final, a
,gut isdictronal determination must,be vei ified 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 foi furthei instruction Also, you maypiovide
new information foi fur ther 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 requirements of
Section 10 of the Rivets and Hat bors Act and Section 404 of the Clean Water Act. Unless there is,a change in the law or
our published regulations,,this detennination may be relied upowfor a period not to exceed five years front the -date of this
notification
_ 'T-heie are waters of the U S. ineiuding wetlands on the above described propeity,subject.torthe permit requirements,of
'Section 404 o'f,,the_Clean Water Act�(CWA)(33,USC § I344). Unless theie4s a change in,the law or our published,
regulations', this deterinination,may be relied upon for a pet iod not to exceed five years from the date of this notification
We stt ongly 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. Foi a more timely
delineation, you may wish to obtain a consultant To be considered final, any delineation must be verified by the Corps
The waters of fhe 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
i eviewed and vei ified by the Corps. Once verified, this stu vey will provide an accurate depiction of all areas subject to
CWA jur indiction on your property which, provided there,is no,chahge °in the law of our published r egulations, maybe
relied' upon -for a period not to exceed five years
_ The waters of the U.S. including wetlands have been delineated and sui veyed and ate accurately depicted on the plat
sighed by the Corps Regulatory Official identified below,on Unless there is a change in the law or out published
i egulations, this determination may be relied upon foi a period not to exceed five years fi-om the date of this notification
X There ate no waters of the U.S , to include wetlands, present on the above described piolect at ea which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344) Unless'there is a change in the Iaw or our
published regulations, this determmnation may be ielied upon foi, a petiod not to exceed five years,from the date of this
notification
Page _i of`2

_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(LAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808 -2808 to
determine theii requirements.
Placement of dredged or Pill material within waters of the US and/or wetlands without a Department of,the Army permit pray
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 iegul`atory,program „please contact Kyle Barnes aV910- 251- 4584'or
Kyle.W.Barnes a,usace.army.mil.
C. Basis For Determination: The 1987 Corps of Engineers Wetland Delineation Manual and the Atlantic and
GuIfCoastal Plain Regional Supplement.
D. Remarks: The site exhibitetl_hydric soils and evidence of seasonal hydrology in the upper twelve inches of the
soils surface but lacked hydrophytic vegetation
E. Attention USDA Program .Participants
This delineation/determination has been conducted to identify the limits of Corps, Clean Water Act. jurisdiction for the
particular site identified it airs request The del ineation/determination may not be valid for•,the wetland conservation
provisions of the Food Security Act of 1985 If you or your tenant are USDA,Pi ogram participants, or anticipate participation
in USDA piogr•ams, you should request a certified wetland determination from the local office of the NatuialResomces
Conservation Sei vice, prior to starting work
F. Appeals information (This °information applies only to approved jurisdictional determinations a&indicated in
B. above)
This correspondence constitutes an approved •junsdictional determination for the above described.site If you object to this
determination, you may request an administrative appeal under Corps iegril'ations at 33,CFR Pail 331 Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this
detennination you must submit a completed RFA form to the following address
US Army Corps of Engrneei s
South Atlantic Division
Attn, Jason Steele, Review Officer
60 Forsyth Street'SW, Room 10M15
Atlanta, Georgia 30303 -880'1
In order for an RFA to be accepted by the Corps, the Cotps must determme that it rs�coniplete, that`it meets the criteria for
appeal under 33 CFR part 331 5, 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 bexeceived 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,determinatton in tilts
con espondence. **
Corps Regulatory Official-. _
Date October 21, 2013 Expnation Date, October 21, 2018
The Wilninigton District is committed to providing the highest level of °support to the public To help its ensure we continue to
do so please complete the�attached,cusio ner Satisfaction Surveysor visit httn, i;'i)er2 -rnrp trsace army n1r1''surve�htnrl to
complete the .stnve)� 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
Applicant/Owner S &M Farms, LLC State NC
Investigator(s) Aberridde Restorations, LLC Section, Township, Range
Landform (hillslope, terrace, etc ) Coastal Plain Local relief�(concave, convex, none) none
Subregion (LRR or MLRA) LLR T Lat +36o25'48 44" Long -76 °39' 10 91"
Soil Map Unit Name ,Pantego fine sandy loam, 0 -2% slopes, Bladen Joam, 0 -2% slopes NWI classification None
Sampling Date August 16, 2012
Sampling Point
Slope ( %) <1
Datum
Are climatic / hydrologic conditions on the site,typical for this time of year? Yes 'No (If no, explain in,iRemarks )
Are Vegetation Sod or Hydrology ____ significantly disturbed? Are "Normal Circumstances" present? Yes No
Are Vegetation , Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks )
SUMMARY OF FINDINGS — Attach site map showing sampling point locations; transects, important'features, etc.
Hydrophytic Vegetation Present? Yes No Is the,Sampled Area
Hydric Soil Present? Yes No
Wetland Hydrology Present? Yes No within a Wetlands Yes No
Remarks
In progress
HYDROLOGY
Wetland H
U Surface Water (Al)
❑ High Water Table (A2)
❑ Saturation (A3)
❑ Water Marks (131)
❑ Sediment Deposits (62)
❑ Dr,ift,Deposits (B3)'
Algal Mat or Crust (64)
Iron Deposits (135)
❑ Inundation Visible on Aerial Imagery (67)
Q Water - Stained Leaves (69)
Surface Water Present?
Water Table Present?
Saturation Present?
(includes capillary fringe
Describe Recorded Date
In progress
Aquatic Fauna (613)
Marl Deposits (B15) (LRR U)
Hydrogen Sulfide4Odor (Cl)
Oxidized Rhizospheres along Living Roots (C3)
Presence of Reduced Iron (C4)
Recent Iron Reduction in Tilled Sods,(C6)
ThimMuck Surface (C7)
Other (Explain in Remarks)
❑ Surface Soil`Cracks (66)
❑ Sparsely Vegetated Concave Surface (138)
❑ Drainage Patterns (61'0)
Moss Trim Lines (616)
Dry- Season Water Table (C2)
Z Crayfish Burrows (C8)
II Saturation Visible on Aerial Imagery (C9)
Geomorphic,,Position (D2)
❑ Shallow Aquitard (D3)
II✓ FAC- Neutral Test (D5)
Sphagnum,moss (D8) (LRR T„ U)
Yes, No _ Depth (inches)
Yes No Depth (inches)
Yes No Depth (inches) Wetland Hydrology Present? Yes
gauge, monitoring, well, aerial photos, previous inspections),
No
US Army Corps of, Engineers Atlantic,a id Gulf Coastal Plain RPM nn — vorc nn') 0

VEGETATION (Four Strata) — Use scientific names of plants Sampling Point
Remarks (If observed, list morphological adaptations below)
In progress
US Army Corps of Engineers Atlantir and oi..,.. __ , _ - -
,Absolute Dominant Indicator
Dominance Test;worksheet
Tree,'Stratum (Plot size )
% Cover Species? Status
Number of Dominant Species
1
That Are OBL, FACW, or FAC (A)
2'
3
Total;Number of Dominant
-
Species Across All Strata (B)
4
5
-
Percent of Dominant Species
6
_
That Are OBL, FACW, or FAC (A/B)
7
Prevalence Index worksheet'
8
Total % Cover of Multiply by
= Total Cover
OBL species, _ x 1 =
50% of total cover
20% of total cover
FACW species x 2 =
Sapling /Shrub Stratum (Plot size )
FAC species x,3 =
1
FACU species x 4 =
2,
UPL`species x 5,=
3
Column Totals (A) (g)
4
5
Prevalence Index = B/A =
6
Hydrophytic Vegetation Indicators
g 1 - Rapid Test for Hydrophytic,Vegetation
7
-
2 - Dominance Test is. >50%
8
a 3 - Prevalence Index is 53 0'
=Total Cover
Q Problematic Hydrophytic Vegetation'.(Explam)
50% of total cover-
20% of total cover
Herb Stratum (Plot size )
1
'Indicators of hydnc soil and wetland hydrology must
be present, unless,disturbed or problematic
2
Definitions of Four Vegetation Strata
3
76cm)
4
Tree - Woody plants, excluding vines, 3 in (7 or
-
more in diameter at breast,height (DBH), regardless of
5
height
6
Sapling /Shrub - Woodyplants, excluding vines, less
7
than 3 in DBH and greater than 3 28 ft (1 m) tall
8
-
9
Herb - Alldherbaceous (non - woody) plants, regardless
of size, and woody plants less than 3 28 ft tall
10
11
Woody vine -All woody vines greater4han 3 28 ft in
height
12
= TotakCover
50% of total cover
20% of total cover
Woody Vine Stratum (Plot,size )
1
2
3
4
Hydrophytic
= Total Cover
Vegetation
50 %,of total cover
20% of total cover
Present? Yes No
Remarks (If observed, list morphological adaptations below)
In progress
US Army Corps of Engineers Atlantir and oi..,.. __ , _ - -

SOIL
Samohno Point
Profile Description (Describe to the depth needed to document the indicator or confirm the absence of indicators )
Depth Matrix Redox Features
(inches) Color (moist) % Color'(moist) % Tvoe Loc Texture Remarks
Type C= Concentration, D= Depletion, RM= Reduced Matrix, MS= Masked Sand Grains
Hydric Sod Indicators (Applicable to all L'RRs, unless otherwisemoted)
?Location- PL =Pore Linen , M= Matrix
Histosol (Al)
Polyvalue Below Surface (S8) (LRR S, T, U)
Indicators for Problematic Hydnc Sods'
❑ 1 cm Muck (A9) (LRR;o)
❑
�✓
Histic Epipedon (A2)
Black Histic
Thin Dark Surface (S9) (LRR S, T, U)
2 cm Muck (A10) (LRR,,S)
�✓
(A3)
Hydrogen Sulfide (A4)
Loamy Mucky Mineral (F1) (LRR O)
Loamy Gleyed Matrix (F2)
I� Reduced Vertic (F18) (outside MLRA 150A,B)
Piedmont Floodplam Sods (F19) (LRR P, S, T)
Stratified Layers (A5)
Depleted Matrix (F3)
TTu,,��
LI Anomalous Bright Loamy Sods
Organic Bodies (A6) (LRR P, T, U)
Redox Dark Surface (F6)
(F20)
❑
5 cm Mucky Mineral (AT) (LRR P, T, U)
Muck Presence (A8) (LRR U)
Depleted Dark Surface F7
( )
(MLRA 153B)
T ❑� Red Parent.Matenal (TF2)'
❑✓
1 cm Muck (A9) (LRR P, T)
❑
Redox Depressions (F8)
Marl'(F10) (LRR U)
LJ Very Shallow,DarkZurface (TF12)
Other
D
Q✓
Depleted Below Dark Surface,(A11)
Thick Dark Surface
❑
DepletedrOchnc,(F11),(MLRA 151)
(Explai'n in Remarks)
❑
(Al2)
Coast Prairie Redox (A16) (MLRA 150A)
❑
Iron - Manganese Masses (F12) (LRR O, P, T)
Umbnc Surface (F13) (LRR P, T, U)
3Indicators of hydrophytic vegetation and
ID
❑
Sandy Mucky Mineral (S1) (LRR,O, S)
Sandy Gleyed Matrix (S4)
j✓
Delta Ochnc (F17) (MLRA 151)
Reduced
wetland hydrology must be present,
unless disturbed or problematic
Sandy Redox (S5)
❑
Vertic (F18) (MLRA 150A, 150B)
Piedmont Floodplain Soils (F19) (MLRA 149A)
✓
❑
Stripped - Matrix (S6)
Dark Surface (S7) (LRR P; S, T, U)
❑✓ Anomalous Bright Loamy Sods (F20) (MLRA 149A, 153C, 153D)
Restrictive Layeri(if'observed)
Type
Depth (inches)
Hydric'Sod
Presents Yes No
Remarks
In progress
US Army Corps of Engineers

I
�J
Albemarle Restorations, LL
Wet /and 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, it
Principal
P O BOX 176
FAIRFIELD, NC 27826
MOVE (252)33'3 -0249

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]

r
Albemarle Restorations,, LLC
Wetland Restoration
Sireane Restoration
Wildlife Habitat
January 16, 2013
Mr_ John Hammond
Endangered Species, Coordinator
US Fish and Wildlife Service, Raleigh Field Office
P O Sox 33726
Raleigh, NC 27636 -3726
RE:, ,Hofler Property Wetland Mitigation Project,i(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 beaffected by the proposed project
The proposed project„ `Hofler Property, consists of 22 acres situated on a 34'5 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 SO 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 (2S2) 333 -0249 with any questions.
Sincerely,
Edmund R Temple, Jr_
Principal
P O BOX 176
FAIAPIELD, NC 27826
PHONE [phone],249

Threatened and Endangered (T &E) Species List for Gates County
Common Nam _ Scientific Name federal Record Conclusion
Status Status Conclusion
Vertebrates
American alligator
Alligator mrssrssipprens
T (S /,A)
Current
No Effect
American eel
Anguilla rostroto
FSC
Current
No Effect
Atlantic sturgeon
Acipenser oxyrinchus
oxynnchus
E
Current
No Effect
Black- throated green warbler
Dendrorco vrrens wayner
FSC
Current
No Effect
Easternflenslow's sparrow
Ammodramus henslowrr
susurrans
FSC �
Current,
No Effect
Rafinesque's big -eared bat
Corynorhinus rafinesquu
FSC
Historic
No Effect
Red - cockaded woodpecker
Prcordes borealis
E
Current
No Effect
Southeastern myotis_
Myotrs austrorrparrus
FSC
Current
No Effect
West Indian manatee
Trrchechus manatus
E
Current
No Effect,
_
Invertebrate: Vascular, Plant
Grassleafarrowhead
Sagrttarra,weatherbrano
FSC
Historic
Not Effect
Pondspice
_ Lrtsea aestrvalis
FSC
Current
No Effect
Raven's boxseed
Ludwigra'ravenu
FSC
Historic
No Effect
Virginia least trillium
Trillium pusrllum var
vrrgintanum
FSC
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_stureeon
Atlantic sturgeon are anadrornous 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 joint, 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 latera'I 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.
Rafinesgue'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 arefrom 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 (Pinus palustris) are most
commonly used as cavity trees, but other species of southern pine such as loblolly pine (Pinus
toedo), 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 titled 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, noHs 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 in 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- tipanan d'epressional 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, norls suitable habitat likely to occur once the project is completed.

Alhej; axle 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 -1,652
RE: Task 1, Coastal Zone Management Act Requirements
FERContract #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, Wilmington Distnct; all 50 Nationwide permits are consistent
with North Carolina'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 edtea7 ik;0h()l�eoin if you have any
questions or comments
Sincerely,
Edmond R. Temp]'e; Jr
Principal
P O BOX 204
GA1ESVlLLE, NC 27938
PHONE [phone]
FAX [phone]

GO tai .. ano Management Aor /C'Z IA:
1. Is the project located in a CAMA county?
26oes the project involve ground - disturbing activities within a CA—MA Area of
Environmental Concern (AEC)?
s. nas a t_tkmA permit peen secured'?
4- Has NCDCM agreed that the project is consistent with the NC
Program?
I
1. Is this a
� Yes
El No
❑ Yes
Q No
-- Q N/A
❑ Yes
I Q No
_ v N/A
astal Management , Q Yes
❑ No
QwA
and Lidhiltfu Qr t lt'Fwr: A'.
Z. Has the zoning /land use of the subject properly and adjacent properties ever been
designated as commercial or industrial?
3. As a result of se a limited Pha 1 Site Assessment, are there known or potential
hazardous waste sites within or adjacent to the project area?
4. As a result of a Phase i Site Assessment, are there known or potential hazardous
waste sites within or adjacent to the project area?
5. As a result of a Phase Il Site Assessment, are there
waste sites within the project area?
6. Is there an approved hazardous mivgation plan?
or potential hazardous
__ _ — — Natloruii H ric Nruss,rvation Act i$ectinrr t{i5
1. Are there properties listed on, or eligible for listing on, the National Register of
Historic Places in the project area?
2 Does the project affect such properties and does the SHPOIfHPO cnnn4 ir5
I If the effects are adverse, have they been resolved?
— _ .raaif:rnr. r2t tir;r� ,0.S�istar• G arrtt i?eai r -- - -- --
Ld Yes
C1 No
Yes
QQ No
WA
Yes
P11 No
Q N/A
Yes
Q No
Q N/A
TT Yes
Q No
Q N/A
I No
I N/A
Yes
No
Yes
No
N/A
Yes
No
WA
- ro ?e Ar, utsition P ides Art rtlnifufrri Actl _
1. Is this a °`wl- delivery" protect? r Yes
2. Does the project require the acquisition of real estate? — - -- ❑ No
j] Yes
Q No
3. Was the roe — _ _ ___ Q N/A
p p rty acquisition coliipleted prior to the intent to use federal funds? Yes
❑✓ No
Q. Has the owner of the ro -- - - - - -- NIA
p perty been Informed: � � Yes —�
prior to making an offer that the agency does not have condemnation authority- and Q No
`what the fair market value is believed to be? _ T _ N/A
7 Version 14. 8i18/05

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.
_rgect Name:
ounty Name: — - -- -
Honer Prooerty
Gates county _-
95355
Albemarie Restorations, LLG
EP Number: —�
ro ect Sponsor:
ro'ect Contact Name:
Edmund Temple
ro'ect ontact Address:
ro'ect Contact E-mail:
PO. Box 176 Fairfield, Nc 2�s2s --
edtemptewtcom - -
-
'_He-- ther smith -
_ _ P
Project ana�er.
1 -he proposed Project will will provide up to 22.0 Nom- Riparian Wetland Mitigation Units
(W MUs) in the Rennetts Creek targeted local watershed (HUC: 0.i010203040040) of the
C'huwan River Basin (HUC:: 03010203).
Reviewed By:
Date -
Conditional Approved By:
Date
Q Check this box if there are outstanding issues
Final Approval By:
Date
me
EEP Project Manager
For Division Administrator
FHWA
zy— i _
For Division Administrator
FHWA
Version 1.4, 8118105

1. Is the project located in a CAMA county?
❑✓ Yes
2. Does the project involve ground- disturbing activities within a CAMA Area of
Environmental Concern (AEC)?
No
❑ Yes
❑✓ 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
Program?
Yes
❑ ❑ No
Comprehensive Environmental Response, Compensation and Liability Act
1. Is this a "full- delivery" project?
✓❑ N/A
CERCLA
Q Yes
2. Has the zoning /land use of the subject property and adjacent properties ever been
designated as commercial or industrial?
No
❑ Yes
❑✓ No
❑
3. As a result of a limited Phase I Site Assessment, are there known or potential
hazardous waste sites within or adjacent to the project area?
4. Asa result of a Phase I Site Assessment, are there known or potential hazardous
waste sites within or adjacent to the project area?
N/A
El Yes
❑✓ No
❑ N/A
❑Yes
[01 No
5. Asa r of a Phase II Site Assessment, are there known or potential hazardous
waste sites within the project area?
❑esult N/A
Yes
❑ No
6. Is there an approved hazardous mitigation plan?
✓❑ N/A
❑ 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
Historic Places in the project area?
❑ Yes
2. Does the project affect such properties and does the SHPO /THPO concur?
✓❑ No
❑ Yes
❑ No
3 If the effects are adverse, have they been resolved? _
❑✓ N/A
==E
Uniform Relocation Assistance and Real Property Acquisition Policies Act Uniform Act
1 Is this a "full- delivery" project? ✓ Yes
2. Does the project require the acquisition of real estate? ❑ No
✓ Yes
❑ No
3. Was the property acquisition completed prior to the intent to use federal funds?
❑ N/A
[] Yes
✓❑ No
El N/A
Ye
El No s
❑ N/A
w
4. Has the oner of the property been informed:
prior to making an offer that the agency does not have condemnation authority; and
what the fair market value is believed to be?
7 "- - .

1. Is the project located in a county claimed as "territory" by the Eastern Ban7of Yes
Cherokee Indians? ❑
❑✓
2. Is the site of religious importance to American Indians? No
❑ No
3. Is the project listed on, or eligible for listing on, the National Register of Historic C Yes
N/A
Places? ❑
❑ No
4. Have the effects of the project on this site been considered? 0 N/A
LJ Yes
❑ No
0 N/A
1. Is the project located on Federal lands?
El Yes
2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects
of antiquity?
❑ Yes
❑ No
3. Willa ermit from the a
p appropriate Federal agency be required?
N/A
❑Yes
❑ No
4. Hasa permit been obtained?
N/A
❑ Yes
❑ No
Archaeological Resources Protection Act ARPA
N/A
�
1. Is the project located on federal or Indian lands (reservation)?
❑Yes
2. Will there be a loss or destruction of archaeological resources?
0
❑Ye s
❑ No
3. Will a permit from the appropriate Federal agency be required?
❑✓ N/A
❑ Yes
❑ No
4. Has a permit been obtained? --
Q N/A
❑ Yes
❑ No
Endangered Species Act ESA
1. Are federal Threatened and Endangered species and /or Designated Critical H
N/A
listed for the county?
2. Is Designated Critical Habitat or suitable habitat present for listed species?
3. Are T &E species present or is the project being conducted in Designated Critical
Habitat?
Yes
❑✓ No
4. Is the project "likely to adversely affect" the species and /or "likely to adversely modify"
❑ Yes
Designated Critical Habitat?
❑No
5. Does the USFWS /NOAA- Fisheries concur in the effects determination?
[I N/A
❑ Yes
❑ No
6. Has the USFWS/NOAA- Fisheries r determination?
N/A
❑ Yes
❑ No
V N/A

VPrsinn 1 4 P/1 Rlll
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?
❑No
2.
Has the EBCI indicated that Indian sacred sites may be impacted by the proposed
❑ Yes
project?
❑ No
❑✓ 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?
❑✓ Yes
❑ No
2.
Has NRCS determined that the project contains prime, unique, statewide or locally
El Yes
important farmland?
❑ No
❑ N/A
3.
Has the completed Form AD -1006 been submitted to NRCS?
❑✓ 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?
✓❑ No
2.
Has the NPS approved of the conversion?
❑ Yes
❑ No
✓❑ N/A
Ma nuson- Stevens Fishe Conservation and Mana ement Act Essential Fish Habitat
1.
Is the project located in an estuarine system?
❑ Yes
[Z] 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?
❑ Yes
❑ No
❑✓ 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
✓❑ No
2.
Has a special use permit and/or easement been obtained from the maintaining
❑ Yes
federal
agency?
❑ No
❑ N/A
VPrsinn 1 4 P/1 Rlll

IA . ILI U'S

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
0.00
0.44
0.00
-)60
-0.75
0.00
0.00
February
5.89
0.52
0.00
0.33
0.52
280
2.76
0.00
2.76
March
2.96
018
0.00
1.18
0.18
2.80
-1.02
0.00
1.74
April
1.00
0.00
0.00
2.48
0.00
280
-4.28
0.00
0.00
May
2.47
0.05
0.00
4.01
0.05
2.80
-4.34
0.00
0.00
June
4.82
057
0.00
5.60
0.57
2.80
-3.58
0.00
0.00
July
1 0
0.00
0.00
6.78
0.00
2.80
-853
0.00
0.00
August
3.19
0.07
0.00
5.93
0.07
280
-5.53
0.00
0.00
September
4.09
0.02
0.00
4.20
0.02
280
-2.91
0.00
0.00
October
4.95
0.46
0.00
2.84
0.46
280
-0.69
0.00
0.00
November
3.04
0.01
0.00
0.82
0.01
280
-0.58
0.00
0.00
December
2.13
0.04
0.00
0.21
0.04
2 80
-0.87
0001
0.00
Annual Totals
38.09
1.93
0.00
34.81
1.93
33.6E
Av .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
280
0.38
0.00
0.38
February
4.30
0.11
0.00
0.46
0.11
280
1.03
0.00
1.41
March
3.51
0.06
0.00
1.34
0.06
280
-0.63
0.00
0.78
April
5.18
0.36
0.00
3.10
0.36
2.80
-0.72
0.00
0.06
May
6.64
0.77
0.00
3.25
0.77
280
0.59
0.00
0.65
June
1.20
0.00
0.00
6.05
0.00
280
-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
3.86
2.62
280
0.49
0.00
0.49
October
1.01
0.00
0.00
2.12
0.00
280
-3.91
0.00
0.00
November
2.10
0.03
0.00
1.48
0.03
280
-2.17
0.00
0.00
December
1
1.17
0.01
0.00
0.76
0.01
2.80
-2.38
0.00
0.00
Annual Totals
50.62
7.26
0.00
34.49
7.26
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
000
0.26
038
2 8u
1.46
0.00
1.46
February
3.05
0.00
0.00
0.36
000
2.80
-0.12
0.00
1.35
March
4.75
0.41
0.00
0.81
0.41
280
1.14
0.00
2.49
April
3.22
0.03
0.00
2.56
0.03
2.80
-2.15
0.00
0.34
May
4.20
0.06
0.00
3.97
0.06
280
-2.57
0.00
0.00
June
4.62
0.25
0.00
5.66
0.25
280
-3.84
0.00
0.00
July
13.98
5.00
0.00
5.97
5.00
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
3.41
0.05
0.00
4.21
0.05
2.80
-3.60
0.00
0.00
October
5.68
2.33
0.00
2.43
2.33
2.80
0.45
0.00
0.45
November
3.40
0.24
0.00
0.73
0.24
2.80
-0.13
0.00
0.32
December
3.92
0.02
0.00
0.65
0.02
2.80
0.47
0.00
079
Annual Totals
61.37
9.17
0.00
32.78
9.17
33.60

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Hofier Restoration Site - Proposed Conditions
Dry Year
Water Inputs
Water Outputs
Change in
Storage
Excess
Water
Wetland Volume
1995
P
Si'
Gi
PET
So
Go
January
248
000
000
0.44
000
280
-075
000
000
February
5.89
0.52
000
0 33
000
280
319
0.00
3.29
March
296
018
000
1 18
0.00
2.80
-0.84
0.00
244
April
1 00
0.00
0.00
248
0 00
280
-4.28
000
000
May
247
005
000
4.01
000
280
-4.28
0.00
0.00
June
4 8
0 5
0.00
5.60
000
280
-3 01
0.00
0.00
July
1.06
0.00
0.00
6 78
0.00
280
-8.53
0.00
0.00
August
3.19
0.07
0.00
5 93
000
280
-546
0.00
0.00
September
4.09
0.02
0.00
4.20
000
280
-2.89
000
000
October
4.95
046
0.00
2.84
000
280
-0.23
0.00
0.00
November
104 1
001
0.00
0.82
0.00
280
-0.57
0.00
0.00
December
2.13
004
0.00
021
000
280
-0.83
0 00
0.00
Annual Totals
38 09
7.26
0.00 1
34.49
0.00 1
!3.6G
Avg. Year
Water In uts
Water Outputs
Change in
Storage
Excess
Water
Wetland Volume
1986
P
Si "
Gi
PET
So
Go
January
3.32
032
0.00
0.14
000
2 80
0.70
0.00
0 70
February
4.30
0 11
0.00
046
0.00
280
1.15
000
1.84
March
3 5
0.06
0.00
1 34
000
280
-058
000
1.27
April
5.18
0 36
000
3.10
0.00
2 80
1 -0.35
000
0 91
May
6.64
0 7
0.00
3.25
000
280
1 36
0.00
2.27
June
1 1.20
0.00
000
605
000
2 80
-7.65
0.00
0.00
July
10.91
1 68
0.00
665
000
2 80
3.15
0.00
3 15
August
413
1 29
000
529
0.00
2 80
-2 67
0.00
047
September
7 1
2.62
000
3.86
0.00
280
3.12
0.00 1
3 59
October
1.01
000 1
0 00
2.12
000
280
-3.91
0.00
000
November
2 10
0 03
000
1.48
000 1
2 80
-214
0.00
000
December 1
1.17
0 01
000 1
0.76
000
2 80
-2.37
000
000
Annual Totals 1
50.62
7.26
0.00 1
34.49
0.00 1
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
000
2 8L,
1.85
0.00
1 85
February
3.05
000
0.00
0 36
0.00
280
-0 12
0 00
1 73
March
4 75
041
0.00
0.81
0.00
2.80
1.55
0.00
3.28
April
3.22
0.03
0.00
2.56
000
280
-2.12
0.001
1 16
May
4.20
006
000
3.97
0 00
2 80
-2.51
0.00
0 00
June
462
025
0.00
5.66
000
2 80
-3.59
000
000
July
13.98
5.00
0.00
5.97
000
10.21
2.41
4.61
August
6.62
0.40
0.00
5.17
0.00
280
-094
0.00
3.66
September
3.41
0.05
0.00
4.21
0.00
2.80
-3.55
0 00
0.11
October
5.68
2 33
1 0.00
1 243
0.00 1
2.80
2 78
0,001
2.89
November
340
0.24
0.00
0.73
000
280
0 11
0.00
3.00
December
3.92
002
0.00
0.65
000
2.80
049
0.00
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

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`Project Information
Project HOFLER
User CTS
Company / Agency ECOTONE
Project Location BEAUFORT CO
,Soil ID BnA
Site Pa_rame`ters
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 " in/hr
Hydraulic Conductivity Data by Layer for Soil BnA _B'laden_drained
Weighted Hydraulic Conductivity Calculated Using Average K Values
Depth to Restrictive Layer 7 5 ft
Drainable Porosity 0 035
Hydroperiod 14 days
Surface Storage 1 in (2 5 cm)
.Ditch Depth or Depth to Water Surface 2 ft - BnA
Bottom Depth'in Low K in/hr High K in/hr Average K in/hr
Layer 1
700
0.57
1 98
1,275588
Layer 2
1400
057
198
1275588
Layer 3
6400
006
020
0 1'2897612
Layer 4
9000
006
020
0,1289761'2
Layer 5
000
0100
000
000
Layer 6
000
000
000
0.00
Layer 7
000
0.00
000
000
Layer 8
000
000
000
000
Lateral Effect 44 8 ft
-------------------- - - - - --
Ditch Depth or Depth to Water Surface 2 5 ft - BnA
Bottom Depth in Low K in/hr High K in/hr Average K in/hr
Layer 1
700
057
1 -98
1,.275588
Layer 2
1400
057
1 98
12755,88
Layer 3
6400
006
0 20
0 12897612
Layer 4
9000
006
020
0 12897612
Layer 5
0.00
0.00
000
000
Layer 6
0'00
000
000
000
Layer 7
000
-000
0 00,
060
Layer 8
000
000
000
000
Lateral Effect 53 4 ft
-------------------- - - - - --

Ditch Depth or Depth to Water Surface 3 ft - BnA
Bottom Depth in Low K m/hr High K in/hr
Layer 1
700
057
198
Layer 2
1400
057
1 98
Layer 3
6400
0.06
020
Layer 4
9000
006
0.20
Layer 5
0.00
000
000
Layer 6
000
000
000
Layer 7
000
000
000
Layer 8
000
000
0.00
Lateral Effect - 60.1 ft
-------------------- - - - - --
Ditch Depth or Depth to Water Surface 3 5 ft - BnA
Bottom Depth in Low K in/hr High K in/fir
Layer 1
700
057
1.98
Layer 2
14.00
057
1.98
Layer 3
6400
006
020
Layer 4
9000
006
020
Layer 5
000
0.00
000
Layer 6
000
000
000
Layer 7
000
000
000
Layer 8
0,00
000
000
Lateral Effect 64 6 ft
-------------------- - - - - --
Ditch Depth or Depth to Water Surface 4 ft - BnA
Bottom Depth in Low K in/hr
Layer 1
7.00
057
Layer 2
14'00
057
Layer 3
640,0
006
Layer 4
90 00
0'06
Layer 5
000
000
Layer 6
0 0,0
0.00
Layer 7
0'00
1000
Layer 8
+0 00
000
Lateral Effect 68 2 ft
-------------------- - - - - --
High K in/hr
1 98
1 98
020
'0.20
0 100
0100,
000
0 -00
Average K in/hr
1275588
1275588
0.12897612
012897612
000
000
000
0.00
Average K in/hr
1.275588
1275588
012897612
012897612
000
000
000
000
Average K in/hr
1275588
1 2755,88
0 1'2897612
0 128976,P2
0'00
0 00
000
000

Project Information
Project HOFLER
User CTS
Company /FAgency- ECOTONE
Project Location. BEAUFORT CO
Soil ID PnA
Site Parameters
State North Carolina
County Gates
User defined T25 or Built In T25 DEFAULT
T,25 value 14 2 days
User defined Conductivity or Soil Survey Conductivity SOIL SURVEY
Weighted Hydraulic Conductivity 1 8815 m/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
Drainable Porosity 0 035
Hydroperiod• 14 days
Surface Storage 1 in (2 5 cm)
Ditch Depth or Depth to Wafer Surface 2 ft - PnA
Bottom Depth in
Low K in/hr
High K m/hr
Average K m/hr
Layer 1 1800
1,98
5.95
3.968496
Layer 2 2700
057
1 98
1.275588,
Layer 3 8000
057
1 98
1275588
Layer 4 000
000
000
000
Layer 5 000
000
000
000
Layer 6 000
000
000
0.00
Layer 7 000
000
0.00
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 m/hr
High K m/hr
Average-K- in/hr
Layer 1 1800
1 98
5 95
3968496
Layer 2 2700
057
1 98
1275588
Layer 3 8000
057
1 98
1275588
Layer 4 000
0.00
0100
0 00
Layer 5 000
;0 00
000
00 0
Layer 6 000
000
0 00
000
Layer 7 000
0.00
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
18 00
198
595
1968496
Layer 2
2700
057
1 98
1275588
Layer 3
8000
057
1 98
1275588
Layer 4
000
00'0
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 m/hr
High K m/hr
Average K in/hr
Layer 1
18.00
1 98
595
3 968496
Layer 2
2700
057
1 98
1275588
Layer 3
8000
0.57
1 98
1275588
Layer 4
000
0, 100
000
00'0
Layer 5
000
0.00
000
0100
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 m/hr
Average K m/hr
Layer 1
18.00
1 98
5 95
3968496
Layer 2
2700
057
1 98
1275588
Layer 3
8000
057
1 98
1 275588
Layer 4
000
000
000
000
Layer 5
000
000
000
000
Layer 6
0 W
000
000
0 :00'
Layer 7
000
000
060
0.00
Layer 8
000
000
000
000,
Lateral Effect 155 2 ft

a
x�
M
1
r
:s
Existing Roadside Ditch
u
ALBEMARLE RESTORATIONS, LLC
WETLAND RESTORATION,
STREAM RESTORATION,
& WILDLIFE HABITAT CREATION
P.O. BOX 176 FAIRFIELD, NC 27826
APPENDIX C
EXISTING
LATERAL
SCALE: 1 inch = 500 feet
=Y Legend
' Existing '� i _- - -- g Ditch
Lateral Effect
Parcel Bounda
Project Limits
Soils
HOFLER PROPERTY
EEP# 004628
CHOWAN RIVER BASIN
BENNETTS CREEK BASIN'iKV�rf'111

Aston Soil Works, Inc.
P.O. 'Box 86
Simpson, NC 27879
Albemarle Restorations
Ed Temple
P O. Box 394
Galesville, NC 27938
September 11, 2011
Re Hydric Soil Investigation of +/- 28 acres (Hofler Project) in Gates County, NC
Dear Mr Temple
As requested the referenced property was evaluated for the presence of hydric soils Field
'Indicators of Hydr1c 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,
Gene Aston
Licensed Sod Scientist # 1261
Soi 'S

Soil Profile Descriptions Hofler- Project
Gates County, NC
Boring 1:
- 0 -10 inches, dark gray (2.5Y 4/1) sandy loam, weak medium granularstructure, 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 (10YR5 /1) sandy clay loam; few light gray (1 "OYR 7/1) and brownish
yellow (l,OYR 6/8) mottles; weak moderate subangular blocky structure, sticky; plastic
Boring 2.
- 0 -8 inches, dark gray (2.5Y 4/1) sandy loam, weak medium granular structure, friable.
- $ -24 inches; dark,gray, (10YR4 /1),sandy clay loam; few, light gray (16YR 7/1) and brownish
yellow (1 OYR 6/8 mottles); weak moderate subangular blocky structure, sticky; plastic.
- 24 -36 inches; light gray (10YR7 /1) sandy clay loam, few dark gray (1OYR4 /1) and
brownish yellow (1 OYR 6/8) mottles, weak moderate subangular blocky structure; sticky;
plastic.
Boring 3
- 0 -11 inches, dark gray (10YR4 /4) sandy loam, weak medium granular structure; friable
- 1 1 -24 inches; gray (1 OYR5 /1) sandy clay loam; brownish yellow (1 OYR 6/8) mottles, weak
moderate subangular blocky structure; sticky; plastic.
- 24 -33 inches; dark gray (IOYR4 /1;) sandy clay loam; few.gray (I OYR 6/1) and brownish yellow
(EOYR 6/8 mottles) weak moderate'subangul'ar 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 /T) sandy loam, weak medium granular structure, friable
- 9 -24 inches,; gray (1 OYR5 /1) sandy clay loam, few brownish yellow (I OYR 6/8) mottles; weak
moderate subangular blocky structure; sticky; plastic
- 24-30 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.
- 30 -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 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 (1,OYR 6/8) mottles; weak
moderate subangular blocky structure; sticky; plastic
-23-31 inches, dark gray (10YR4/ 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.
- 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 (1 OYR4/ 1) sandy loam, weak medium granular structure, friable
- 9 =26 inches, gray (IOYR'5 /1) sandy clay loam, few brownish yellow (I OYR 6/8) mottles, weak
moderate subangular blocky structure, sticky; plastic.
- 26 -36 inches, dark gray (IOYR4 /1) sandy clay loam; few gray (I OYR 6/1) and brownish yellow
(l0YR,6 /8) mottles, weak moderate subangular blocky structure; sticky; plastic
Boring 7:
- 0 -10 inches, dark gray (IOYR4 /1) sandy loam; weak medium granular structure, friable.
-
10 -23 inches; gray (IOYR5 /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 '(1 OYR 6/8) mottles, weak moderate subangular blocky structure, sticky, plastic.
-13 -36 inches; light gray (1.OYR7 /1) sandy clay loam, many brownish yellow (1 OYR 6/8)
mottles, weak moderate subangular blocky structure; sticky, plastic.
Boring 8-
- 0 -10 inches; dark gray (IOYR4 /1') sandy loam, weak medium granular- structure, friable.
- 10 -22 inches; dark gray (IOYR3 /1) sandy clay loam; few brownish yellow (I OYR 6/8)
mottles; weak moderate subangular blocky structure, sticky, plastic.
- 22 -36 inches; dark gray (IOYR3 /1) sandy clay loam; few light gray (I OYR 7/1) and brownish
yellow (1 OYR 6/8) mottles, weak moderate subangular blocky structure; sticky, plastic

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