20081011 Ver 1_Application_20080625

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June 25, 2008
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington NC 28403
ATTN: Sarah E. Hair, Regulatory Project Manager
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,IUN Z 5 2008
DENR - WATER QUAD Y
WETLANDS AND STORMWATER BRANCH
SUBJECT: Application for Nationwide 27 Verification for the Implementation of the
Columbus Swamp Wetland Restoration Project in Columbus County
Please find enclosed with this letter the following items:
1) Preconstruction Notification (PCN) Form (6 copies to DWQ);
2) Conservation easement plat (6 copies to DWQ);
3) Wetland Restoration Plan (6 copies to DWQ)
4) Restoration Plan Approval Letter from NCEEP (6 copies to DWQ);
5) Letter from SHPO (6 copies to DWQ);
6) Check in the amount of $570.00 (DWQ only)
Project Purpose and Description
The purpose of this letter is to provide you with important information about the
Columbus Swamp Wetland Restoration Site (SITE). The owner/applicant, Restoration Systems,
LLC (RS), is proposing wetland restoration at the Site to assist the North Carolina Ecosystem
Enhancement Program (EEP) in fulfilling its mitigation goals in the Lumber River Basin
Cataloging Unit 03040204. The SITE is located approximately 11 miles southeast of Lumberton
in Columbus County within the USGS Hydrological Unit 03040203170020 (North Carolina
Division of Water Quality [NCDWQ] Subbasin 03-07-53) of the Lumber River Basin (Figures 1,
2). Brier Creek is the main drainage feature, which lies immediately adjacent to the Site and has
been assigned Stream Index Number 14-22-17.
The SITE is characterized by active row crop production and areas of silviculture.
Agricultural practices constitute major point and non-point sources of pollution and on-going
sedimentation/erosion. Based on the juxtaposition of the Site with Big Swamp an analysis of the
soil matrix, and existing hydrological patterns, it is reasonable to conclude that the site was
originally a forested floodplain community. The site was deforested and major drainage canals
and ditches were excavated to remove excess hydrology in support of agricultural and
silvicultural objectives. Site floodplains and historical wetlands have been impacted by
deforestation, vegetation maintenance, agricultural chemical application, stream channelization,
and groundwater draw-down from stream channel downcutting. Land use within the upstream
Pilot Mill • 1101 Haynes St., Suite 211 • Raleigh, NC 27604 • www.restorationsystems.com • Phone [phone]- Fax [phone]
Sarah Hair, USACE
June 25, 2008
Page 2
watershed is very similar to that in the immediate project area ...rural agricultural and scattered
residential sites interspersed with narrow bands of forest. Less than 10% of the watershed is
impervious.
The primary goals of this restoration plan focus on improving water quality and
biological diversity in the Lumber River watershed. In order to reach these objectives the
following must be accomplished:
• Remove point and non-point sources of pollution associated with agricultural
practices including the elimination of fertilizer and pesticide applications;
• Restoration of natural hydrology by filling approximately 8000 linear feet of
existing drainage ditches, resulting in enhanced flood storage, return of natural
nutrient cycling and establishment of desirable aquatic and semi-aquatic habitats;
• Reestablishment of a native wetland community, consisting of habitat diversity
and functional attributes;
• Preservation of the entire site in perpetuity.
Project Impacts to Jurisdictional Areas
Soils at the site have been thoroughly examined by a licensed soil scientist. Of the 40.1
acres within the conservation easement, all 40+ acres are occupied with hydric soils. Ditch
effects have successfully removed wetland hydrology from 37.6 acres, 2 acres are narrow, linear
strips of jurisdictional wetlands associated with the approximately 8,000 linear feet of drainage
ditches, and approximately 0.4 acre is an area of hydric soils in which wetland hydrology is still
maintained, although the plant community is primarily agricultural. Since the drainage ditches
will be filled, implementation of the restoration plan will result in the temporary loss of 2 acres
of palustrine wetland. The area occupied by wetland lies within the restoration area.
Of the 37.6 acre of drained hydric soil, only 33.5 acres will be restored due to the draw-
down influence from Brier Creek. The two acres of existing wetlands associated with the
drainage ditches will be lost to ditch filling, but wetlands will reappear in their place within the
restoration complex; however, since the project will technically be filling these wetlands,
fairness dictates that only enhancement credit be claimed. Finally, the approximately 0.4 acre of
hydric soil with wetland hydrology will be enhanced by reestablishing wetland vegetation.
Justifications for Project Impacts to Jurisdictional Areas
Restoration of wetland hydrology throughout the site would not be achievable unless the
drainage ditches were filled. The 2 acres of jurisdictional wetlands are integrated within the
8000 linear feet of ditching; avoidance cannot be achieved without compromising the
hydrological restoration. The good news is that all of the area presently occupied by drainage
ditch will be restored to functional riparian wetland.
Sarah Hair, USACE
June 25, 2008
Page 3
Protected Species
Based on the most recently updated (01/31/2008) county-by-county database of federally
listed species in North Carolina posted by the USFWS at hitp://nc-es.fws.gov/es/countyf[.html, 8
federally protected species are listed for Columbus County. The following table lists the
federally protected species for Columbus County and indicates if potential habitat exists within
the Site for each.
Careful evaluation of habitats within the site by walking reconnaissance confirmed that
there is no suitable habitat for any of the listed species. The habitat matrix is a corn field with
drainage channels. Based on an absence of suitable habitat, it is reasonable to conclude the
project will have No Effect on any listed species.
Federally Protected Snecies for Onslow Countv

Common Name
Scientific Name Status Habitat
Present

Within Site Biological

Conclusion
American alligator Alligator mississi iensis T S/A Yes N/A
Bald eagle Haliaeetus leucocephalus T No No Effect
Redcockaded woodpecker Picoides borealis E No No Effect
Shortnose sturgeon Aci enser brevirostrum E No No Effect
Waccamaw silverside Menidia extensa T No No Effect
Wood stork M cteria americana E No No Effect
Coole 's meadowrue Thalictrum coole i E No No Effect
Rough-leaved loosestrife L simachia as erulae olia E No No Effect
*F (Endangered =a taxon "in danger of extinction throughout all or a signif icant nortion of its ranee"); T (Threatened =a taxon
"likely to become endangered within the foreseeable future throughout all or a significant portion of its range"); T S/A
(Threatened (S/A) = a species that is threatened due to similarity of appearance with other rare species and is listed for its
protection; these species are not biologically endangered or threatened and are not subject to Section 7 consultation.)
Field evaluations were conducted in May 2007 and January 2008. Of the eight (8) listed
species, only one (1), the American alligator has any reasonable chance of occurring within or
near the project conservation easement. The other seven listed species, including the bald eagle,
the wood stork, the red-cockaded woodpecker, the short-nosed sturgeon, the Waccamaw
silverside (a minnow endemic to Lake Waccamaw and related drainages), and two rare plants,
rough-leaved loosestrife and Cooley's meadowrue, will not occur within or adjacent to the Site
conservation easement because of the absence of suitable habitat.
• Bald eagle: Although, adequate nesting and foraging habitat occurs adjacent to
the Lumber River, located 5-10 miles northwest and at Lake Waccamaw, more
than five miles to the southeast, Big Swamp, which is located along the north side
of the project conservation easement does not provide enough open water to
constitute foraging habitat for this species. A review of the National Bald Eagle
Sarah Hair, USACE
June 25, 2008
Page 4
Management Guidelines (USFWS, 2007) confirms that the project's activities will
not constitute a disturbance, or "take" of the bald eagle.
• Wood Stork: Storks are birds of freshwater and brackish wetlands, primarily
nesting in cypress or mangrove swamps. They feed in freshwater marshes, narrow
tidal creeks, or flooded tidal pools. Particularly attractive feeding sites are
depressions in marshes or swamps where fish become concentrated during periods
of falling water levels. Post breeding storks from Florida disperse as far north as
North Carolina. For more than 20 years. A colony of wood storks ranging from
15-100 individuals frequent an area near Sunset Beach and Boiling Springs Lake
during early June through mid September. This colony represents the
northernmost extent of this Federally-endangered species' migration. No other
such colony is known to occur in North Carolina.
• Red-cockaded woodpecker: This endangered bird occurs only in forested areas
dominated by coniferous trees, primarily long leaf pine. Pines must be at least 30
years old to provide adequate forage, and at least 60 years old, on the average, to
provide suitable nesting habitat. No pine, or cypress-dominated forest stands
occur within the project's conservation easement.
• Short-nosed sturgeon: This endangered fish is anadromous and moves upstream
along the Atlantic coast during seasonal spawning migrations. Its migratory
streams must have deep channels. No streams occur within the project
conservation easement.
• Waccamaw silverside: This small fish is known only from Lake Waccamaw and
the upper Waccamaw River drainage in Columbus County, North Carolina. The
silverside is found in the upper Waccamaw River only during periods of high
water and is not a permanent resident. The project watershed lies in Lumber 03,
while the silverside is endemic to Lumber 06.
• Rough-leaved loosestrife: This species generally occurs in the ecotones or edges
between longleaf pine uplands and pond pine pocosins (areas of dense shrub and
vine growth usually on a wet, peaty, poorly drained soil) on moist to seasonally
saturated sands and on shallow organic soils overlaying sand. The principle
habitat matrix associated with this species is pine, which is substantially absent
from the lands adjacent to the project conservation easement.
• Cooley's meadowrue: Cooley's meadowrue occurs on circumneutral soils in
grass-sedge bogs and wet pine savannahs and savannah like areas. It may also
grow along fire plow lines, in roadside ditches, woodland clearings, and
powerline rights-of-way, and needs some type of disturbance such as fire or
mowing to maintain its open habitat. Plants often found growing with Cooley's
meadowrue include tulip poplar growing with bald cypress (Taxodium distichum)
and/or Atlantic white cedar (Chamaecyparis thyoides). The site is an active
floodplain with Johnston soils. The entire easement area is agricultural land or
silvicultural. Surveys of the ditchbanks were conducted in May-June 2007.
Sarah Hair, USACE
June 25, 2008
Page 5
American alligator
Although alligators may occasionally occur in the inflow canal from the Lumber River
and its bottomland drainages, this canal will be plugged during ditch filling activities within the
project's conservation easement. Their mobility and avoidance behavior will ensure that any
local specimens will stay outside the project area during ditch filling activities. Since the
species' status is "T S/A", consultation with the Fish and wildlife Service is not required.
Biological Conclusions
Based upon the absence of suitable nesting or foraging habitat within the conservation
easement of the subject project, it is reasonable to conclude the project will have No Effect on
any of the listed species.
Cultural Resources
The term "cultural resources" refers to prehistoric or historic archaeological sites,
structures, or artifact deposits over 50 years old. "Significant" cultural resources are those that
are eligible or potentially eligible for inclusion in the National Register of Historic Places.
Evaluations of significance are made with reference to the eligibility criteria of the National
Register (36 CFR 60) and in consultation with the North Carolina State Historic Preservation
Office (SHPO).
RS submitted a letter to the State Historic Preservation Officer (SHPO) on November 14,
2007, requesting a search be conducted of archival records for the SITE. SHPO responded on
November 27, 2007 that they were unaware of historic resources that would be affected by the
project (see attached letter). This documentation confirms that the project is in compliance with
Section 106 of the National Historic Preservation Act and the Advisory Council on Historic
Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800.
Your time and consideration in reviewing the enclosed material is greatly appreciated.
Should you have any questions about the project, please call me at 919-755-9490. Thank you.
Sincerely,
M. Randall Turner
cc: Cyndi Karoly, NCDWQ (6 copies)
Enclosures
Lumberton N
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Site Location
34.4597°N, 78.9002OW
(NAD83/WGS84) t-
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Macedonia Ch. Rd.
From Raleigh
Take 1-40 E to 1-95S
Take Exit 14 From 1-95, go East on US-74°
Take First Left on Old Boardman Road
After 2.5 Miles, Left on Paul Wiloughby Road
Y u
After 0.5 Mile, Site is on Left
0 1 mi. 4 mi.
1:158,400
Source: 1977 North Carolina Atlas and Gazetteer. pp.81 & 82.

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Own. by:
2126 Rowland Pond Drive SITE LOCATION CLF FIGURE
.,Kd by:
Willow Spring. NC 27592 WGL
[phone] COLUMBUS SWAMP WETLAND RESTORATION SITE
4, •.% .? `.. (919f 341-3839 fax Date:
Robeson County, North Carolina January 2008
project: 08 003
Own. oy:
2126 Rowland Pond Drive CLF FIGURE
n , Willow Spring, NC 27592 HYDROLOGIC UNIT MAP Ckd by:
WGL
(919 215-1693
COLUMBUS SWAMP WETLAND RESTORATION SITE Date
[phone] fax
Robeson County, North Carolina January 2008
Protect: 08-003
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North Carolina
Ecosystem Enhancement Program
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Columbus Swamp
Yie;:and Fas'oraticn Site
RFP # 16-007033
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WETLAND RESTORATION PLAN WGL
Willow Spring, NC 27592 Date:
[phone] COLUMBUS SWAMP WETLAND RESTORATION SITE January 2008 9
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Robeson County, North Carolina Project:
08-003
L 11
PAI
08 2011
June 11, 2008
Mr. Preston Steele - Project Contact
Restoration Systems, LLC
1101 Haynes Street, Suite 211
Raleigh, North Carolina 27604
Subject: Columbus Swamp Wetland Restoration Site - Full Delivery Project
Lumber River Basin - CU# 03040203
Robeson County
Contract No. D000619
Dear Mr. Steele:
On April 28, 2008, Restoration Systems, LLC submitted the subject Restoration Plan for the
Columbus Swamp Wetland Restoration Full Delivery Project. The plan proposes to restore and
enhance 32 acres of riparian wetlands. An onsite review of the restoration plans was completed on
May 16, 2008 with EEP and Restoration Systems.
The Ecosystem Enhancement Program (EEP) has completed its review of the restoration plan and
has no additional comments at this time. Please proceed with acquiring all necessary permits and/or
certifications and complete the implementation of the earthwork portion of the mitigation project
(Task 4). A copy of this letter should be included with your 401/404 permit applications.
For the purpose of obtaining approval of the erosion and sedimentation control plan for this
project, I have also attached a memorandum confirming that Restoration Systems, LLC is the
Owner and Financially Responsible Party, and has full operational control for all matters
pertaining to construction of this project. Please sign and attach this memorandum to the
Financial Responsibility/Ownership form of the erosion and sedimentation control plan
application. Failure to do so may delay approval of the plan.
If you have any questions, or wish to discuss this matter further, please contact me at (919) 715-
1656 or email at guypearce a,ncmail.net.
Sincerely,
Guy C. Pearce
EEP Full Delivery Program Supervisor
ffll?vj
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Serv+re Center. Raleigh, NC 21699-1652 / 019-715-0476 / www.nceen.net
Office Use Only: Form Version March 05
08 201 1
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing 3PAIP
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit 27
If this notification is solely a courtesy copy because written approval for the 401 Certification.
is not required, check here: ? N/A
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ? N/A
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?(]f
IT. N/A D ? (6, q ?! la
Applicant Information
Owner/Applicant Information
JUN 2 5 2008
Name: John Preyer DEN WcA?na .- cmoMNATERQUAUTY BRANCH
Mailing Address: Restoration Systems, LLC
1101 Haynes Street
Suite 107
Raleigh, North Carolina 27604
Telephone Number: 919-755-9490 Fax Number: 919-755-9492
E-mail Address: ipreyer restorationsystems.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: M. Randall Turner
Company Affiliation: Restoration Systems, LLC
Mailing Address: 1101 Haynes Street, Suite 107, Raleigh, North Carolina 27604
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: randy((t'urestorationsystems.com
Note: Letter on file at Wilmington District Office
Updated 11 1 %2005
Page 1 of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Columbus Swamp Wetland Restoration Proiect
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 0225.00-77-8314.0000
4. Location
County: Columbus Nearest Town: Fairmont
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Raleigh proceed
south on I-40; take I-95 southwest to east on US 74 iust south of Lumberton; proceed
east on US 74; cross Lumber River, turn left on Macedonia Church Road; proceed
approximately 3 miles; turn left on Paul Willoughby Road; site is +/- 0.5 mile on left
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 34.457028°N -78.901873°W
6. Property size (acres): 40.1
7. Name of nearest receiving body of water: Brier Creek (Drains to Lumber River)
8. River Basin: Lumber
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at h"://h2o.enr.state.nc.us/admin/mUs/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project at the
time of this application: Site is a 40+ acre subset of a larger agricultural field complex in
which corn and other row crops are cultivated. Young pine plots are also located
within the farmscape. Fields are drained by collector ditches and large canals. Site lies
adiacent to Big Swamp, a floodplain of the Lumber River.
Updated I V1i2005
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used: The primary
obiectives of this restoration proiect are to restore defunct and degraded wetlands to
improve water quality and habitats for wildlife including terrestrial and semi-aquatic
organisms. Ditches will be filled, land surface will be scarified and wetland species will
be planted throughout the +/- 40 acre site. Monitoring activities, including vegetation
and hydrology will follow implementation.
Equipment that will be utilized to implement the restoration plan may include, but is
not limited to track hoes, front end loaders, tracked dump trucks, and bulldozers.
11. Explain the purpose of the proposed work: Restoration Systems is proposing wetland
restoration at the Columbus Swamp site as a full delivery proiect to assist the North
Carolina Ecosvstem Enhancement Program in fulfilling its mitigation goals for the
Lumber River Basin.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.No previous permits have been obtained or requested for this proiect.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application. No.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below.
1. Provide a written description of the proposed impacts: Two acres of wetland fringe
associated with +/- 8000 linear feet of drainage ditches and canals will be unavoidablv
filled during implementation of proiect design. Ditches must be filled to restore natural
(wetland) groundwater hydrology to site. Impacted wetlands are narrow fringes of cat-
Updated 11 12005
Page 3 of 8
tail, wooluass, red maple and other species that exist within narrow ecotones associated
with the site's drainage features. While a total of 2 acres of existing wetland will be
impacted during restoration activities, the result of this effort will be an increase of 30+
acres of functional, jurisdictional riparian wetlands.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding. N/A
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
See Fig. 9 Fill Herbaceous/woody fringes Yes 50+ 2.0

Total Wetland Impact (acres) 2.0
3. List the total acreage (estimated) of all existing wetlands on the property: 2.0
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560. N/A
Stream Impact Type of Perennial or Average Impact Area of
Number Stream Name
Impact ?
Intermittent. Stream Width Length Impact
(indicate on ma) Before Impact (linear feet) (acres)

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc. N/A
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, Impact
(indicate on ma) bay, ocean, etc.) (acres)

Total Open Water Impact (acres)
Updated 11 1;2005
Page 4 of 8
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0
Wetland Impact (acres): 2.0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 2.0
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Unfortunately, attempts to
restore site wetlands will require that historical groundwater hvdrologv be restored. This
requirement dictates that drainage ditches be eliminated to preclude removal of
groundwater. Wetland fringes are associated with the drainage features.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Updated 11, 1.'2005
Page 5 of 8
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h?o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at htlp://h2o.enr.state.nc.us/wM/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
N/A
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes (funds from FHWA); No federal lands
Updated I U U2005
Page 6 of 8
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ® No ?
A CE document has been prepared per FHWA guidance (See Restoration Plan)
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No
See attached letter from the NCEEP.
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers. N/A
* Impact Required
Zone , _- -_,r ., Multiplier „4:,.__..__
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. No impervious surface currently exists within
Updated 11 12005
Page 7 of 8
the Site and no impervious surface will result from the restoration activities. A sediment
and erosion control plan approval will be obtained from the Division of Land Resources
prior to construction.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
The primary goals of this wetland restoration project focus on improving water quality,
enhancing flood attenuation, and restoring riparian habitat Proposed activities will not be
a factor in local land-use decisions that might result in development
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Updated II/1/2005
Page 8 of 8
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
s
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandbeck, Administrator
Miichad F. Easley, Govemor Office of'%rchivcs and 1-listorv
Lisbcth C. Evans, -Secretary Division of Ilisttxical Rcsources
Jeffrey J. Crow, Deputy Seerctaq David Brook, Director
November 27, 2007
Preston Steele
Restoration Systems, LLC
1101 Havnes Street
Suite 107
Raleigh, NC 27604
Re: Columbus Swamp Wetland Restoration, Contract Number 000619, Robeson County, ER 07-2441
Dear Mr. Steele:
Thank you for your letter of November 14, 2007, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. In all future
communication concerning this project, please cite the above-referenced tracking number.
Sincerely, a
I Lo-j--
ter Sandbeck
r: L)
BY: ---- --..---------
Location: 109 East pores Strect, Ralcis h NC 2"601 Mailing Address: 461' M.0 Scnicc Center, Raleigh tit: 27699-461' Telephone/Fax 0191 RO?-65-0/QA7-(.599
08 2 0 1 1
2008003907
ROBESON CO, NC FEE $41.00
PRESENTED 6 RECORDED:
04-144008 02:02:35 PM
VICKI L LOCKLEAR
REGISTER Or DEEDS
BY: CRYSTA MCGIRT
DEPUTY
_ BK:D 1664
PG:128-137
STATE OF NORTH CAROLINA
COLUMBUS COUNTY
?? ? :p 5 ? 02 06
SPO File Number 24-D
Prepared by: Office of the Attorney General
Property Control Section
Return to: NC Department of Administration
State Property Office
1321 Mail Service Center
Raleigh, NC 27699-1321
2008002659
COLUMBUS CO, NC FEE $41.00
STATE OF NC REAL ESTATE EXTX
$562.00
PRESENTED & RECORDED
04-14-2008 11:5918 AM
KANDANCE H WHITEHEAD
REGISTER OF DEEDS
BY MICHELLE CARLYLE
DEPUTY
BK: RB 926
PG: 745-754
CONSERVATION EASEMENT
PROVIDED PURSUANT TO
FULL DELIVERY
NUTIGATION CONTRACT
THIS CONSERVATION EASEMENT DEED, made this 14th day of April,
2008, by WILLIAM CORBETT FIELDS and spouse, PEGGY G. FIELDS,
("Grantor"), whose mailing address is 704 Paul Willoughby Road, Evergreen, North
Carolina 28438, to the STATE OF NORTH CAROLINA, ("Grantee"), whose mailing
address is State of North Carolina, Department of Administration, State Property Office,
1321 Mail Service Center, Raleigh, NC 27699-1321. The designations of Grantor and
Grantee as used herein shall include said parties, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine, or neuter as required by context_
WITNESSETH:
WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et sea.,
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
WHEREAS, this Conservation Easement from Grantor to Grantee has been
negotiated, arranged and provided for as a condition of a full delivery contract between
209813_1.DOC
WHEREAS, this Conservation Easement from Grantor to Grantee has been
negotiated, arranged and provided for as a condition of a full delivery contract between
Restoration Systems, LLC, 1101 Haynes Street, Suite 211, Raleigh, North Carolina
27604, 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 000619.
. 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, 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 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 8t` 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 Tatums Township, Columbus County, North Carolina (the "Properly"), and
being more particularly described in Deed Book 307 at Page 588; Deed Book 324, Page
55; and Deed Book 322, Page 233 of the Columbus County Registry, North Carolina;
and
WHEREAS, Grantor is willing to grant a Conservation Easement over the herein
described areas of the Property, thereby restricting and limiting the use of the included
areas of the Property to the terms and conditions and purposes hereinafter set forth, and
Grantee is willing to accept such Conservation Easement. This Conservation Easement
shall be for the protection and benefit of Brier Creek.
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 of the nature and character and to the extent
hereinafter set forth, over a described area of the Property, referred to hereafter as the
2
"Easement Area", for the benefit of the people of North Carolina, and being all of the
tract of land identified as Conservation Easement as shown on a survey entitled
"Conservation Easement Survey for Restoration Systems, LLC, Columbus Swamp
Restoration Site" dated 3/3/08, certified by K2 Design Group. The Easement Area and
related access easement are more particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED
HEREIN BY REFERENCE
The purposes of this Conservation Easement are to maintain, restore, enhance,
create and preserve wetland and/or riparian resources in the 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 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:
1.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. It is an easement in gross, runs
with the land, and is enforceable by Grantee against Grantor, their personal
representatives, heirs, successors, and assigns, lessees, agents, and licensees.
II.
GRANTOR RESERVED USES AND RESTRICTED ACTIVITES
The 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 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. 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
Easement Area for the purposes thereof. Usage of motorized vehicles in the Easement
Area is prohibited, except as they are used exclusively for management, maintenance, or
stewardship purposes, and on existing trails, paths or roads.
B. Educational Uses. The Grantor reserves the right to engage in and permit
others to engage in educational uses in the Easement Area not inconsistent with this
Conservation Easement, and the right of access to the 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.
3
C. Vegetative Cutting. Except as related to the removal of non-native
plants, diseased or damaged trees, and vegetation that obstructs, destabilizes or renders
unsafe the Easement Area to persons or natural habitat, all cutting, removal, mowing,
harming, or destruction of any trees and vegetation in the Easement Area is prohibited.
D. Industrial, Residential and Commercial Uses. All are prohibited in the
Easement Area.
E. Agricultural Use. All agricultural uses within the Easement Area
including any use for cropland, waste lagoons, or pastureland are prohibited.
F. New Construction. There shall be no building, facility, mobile home,
antenna, utility pole, tower, or other structure constructed or placed in the Easement
Area.
G. Roads and Trails. There shall be no construction of roads, trails,
walkways, or paving in the Easement Area. Existing roads or trails located in the
Easement Area may be maintained by Grantor in order to minimize runoff, sedimentation
and for access to the interior of the Property for management, maintenance, stewardship
purposes, or undeveloped recreational and educational uses of the Easement Area.
Existing roads, trails or paths may be maintained with loose gravel or permanent
vegetation to stabilize or cover the surfaces.
H. Signs. No signs shall be permitted in the Easement Area except
interpretive signs describing restoration activities and the conservation values of the
Easement Area, signs identifying the owner of the Property and the holder of the
Conservation Easement, signs giving directions, or signs prescribing rules and regulations
for the use of the Easement Area may be allowed.
1. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage,
waste, abandoned vehicles, appliances or machinery, or other material in the Easement
Area is prohibited.
J. Grading, Mineral Use, Excavation, Dredging. There shall be no
grading, filling, excavation, dredging, mining, or drilling; no removal of topsoil, sand,
gravel, rock, peat, minerals, or other materials.
K. 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. No
altering or tampering with water control structures or devices, or disruption or alteration
of the restored, enhanced, or created drainage patterns. All removal of wetlands,
polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or
biocides is prohibited. In the event of an emergency interruption or shortage of all other
4
water sources, water from within the Easement Area may temporarily be used for good
cause shown as needed for the survival of livestock and agricultural production.
L. Subdivision and Conveyance. Grantor voluntarily agrees that no
subdivision, partitioning, or dividing of the underlying fee that is subject to this Easement
is allowed. Unless agreed to by the Grantee in writing, any future conveyance of the
underlying fee for the Easement Area and the rights as conveyed herein shall be as a
single block of property. Any future transfer of the fee simple shall be subject to this
Conservation Easement. Any transfer of the fee is subject to the Grantee's right of
ingress, egress, and regress over and across the Property to the Easement Area for the
purposes set forth herein.
M. Development Rights. All development rights are removed from the
Easement Area and shall not be transferred.
N. Disturbance of Natural Features. Any change, disturbance, alteration or
impairment of the natural features of the 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 consistent with the purposes of this
Conservation Easement. The Grantor shall not vary from the above restrictions without
first obtaining written approval from the N.C. Ecosystem Enhancement Program, whose
mailing address is 1652 Mail Services Center, Raleigh, NC 27699-1652.
III.
GRANTEE RESERVED USES
A. Ingress, Egress, Regress and Inspection. The Grantee, its employees
and agents, successors and assigns, reserve the perpetual right of general ingress, egress,
and regress to the Easement Area over the Property at reasonable times to undertake any
activities to restore, manage, maintain, enhance, and monitor the wetland and riparian
resources of the Easement Area, in accordance with restoration activities or a long-term
management plan. Unless otherwise specifically set forth in this Conservation Easement,
the rights granted herein do not include or establish for the public any access rights.
B. Restoration Activities. These activities include planting of trees, shrubs
and herbaceous vegetation, installation of monitoring wells, utilization of heavy
equipment to grade, fill, and prepare the soil, modification of the hydrology of the site,
and installation of natural and manmade materials as needed to direct in-stream, above
ground, and subterraneous water flow.
IV.
ENFORCEMENT AND REMEDIES
A. Enforcement. To accomplish the purposes of this Conservation
Easement, Grantee is allowed to prevent any activity within the Easement Area that is
inconsistent with the purposes of this Easement and to require the restoration of such
areas or features of the Easement Area that may have been damaged by such activity or
use. Upon any breach of the terms of this Conservation Easement by Grantor, their
successors or assigns, that comes to the attention of the Grantee, the Grantee shall,
except as provided below, notify the Grantor, their successors or assigns in writing of
such breach. The Grantor shall have ninety (90) days after receipt of such notice to
correct the conditions constituting such breach. If the breach remains uncured after
ninety (90) days, the Grantee may enforce this Conservation Easement by appropriate
legal proceedings including damages, 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 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 of the term of this
Conservation Easement is or would irreversibly or otherwise materially impair the
benefits to be derived from this Conservation Easement. The Grantor and Grantee
acknowledge that under such circumstances damage to the Grantee would be irreparable
and remedies at law will be inadequate. The rights and remedies of the Grantee provided
hereunder shall be in addition to, and not in lieu of, all other rights and remedies available
to Grantee in connection with this Conservation Easement.
B. Inspection. The Grantee, its employees and agents, successors and
assigns, have the right, with reasonable notice, to enter the Easement Area over the
Property at reasonable times for the purpose of inspection to determine whether the
Grantor, their successors or assigns are 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, their
successors or assigns, for any injury or change in the 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, damage to property or harm to the Property resulting from such causes.
D. Costs of Enforcement. Beyond regular and typical monitoring, any costs
incurred by Grantee in enforcing the terms of this Conservation Easement against
Grantor, their successors or assigns, 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.
6
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. Any notices shall be sent by registered or certified mail, return receipt
requested to the parties at their addresses shown above or to other address(es) as either
party establishes in writing upon notification to the other.
C. 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 to make any subsequent lease, deed, or other
legal instrument by which any interest in the Property is conveyed subject to the
Conservation Easement herein created.
D. 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.
E. This Conservation Easement may be amended, but only in a writing
signed by all parties hereto, and provided such amendment does not affect the
qualification of this Conservation Easement or the status of the Grantee under any
applicable laws, and is consistent with the purposes of the Conservation Easement.
F. 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.
7
VI.
QUIET ENJOYMENT
Grantor reserves all remaining rights accruing from ownership of the Property,
including the right to engage in or permit or invite others to engage in only those uses of
the 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 Easement Area, and the
right of quiet enjoyment of the 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 are
free from encumbrances and that Grantor will warrant and defend title to the same against
the claims of all persons whomsoever.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal,
the day and year first above written.
-SEAL)
William Corbett Fields
(SEAL)
Peggy G. Fields
8
STATE OF NORTH CAROLINA
COUNTY OF yr ?5
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated:
William Corbett Fields and Peggy G. Fields
? C
WITNESS my hand and official seal, this day of ,
2008.
F r-
,,???? Seal) .. .
P,
L if,
?6U
.ti
Notary's Icial ignature
-1 . f)eaA
Notary's Print d or Typed Nam ?;t
My commission expires: I O CO
NORTH CAROLINA COLUMBUS COUNTY
TS@Nvegoing or annexed certificate(j) of
Not Ley'S nv ublir, Ovia) ( een verMpd
t7 he've a 8 ature, ar+.?;.? .)v ::;r..,, n, and an
,ixOrB-t'lon date 'flits Initru:rje. t a,nd tLiit1
am d?ztY r1Rffiet9ra0 W, Qie D &W
4.10 L.;,.1)°e aRi iii the3 Gook alyd. pa is si,iown on the
4 ^'i st pad r,;hert?of,
f(agieY \ ela !17 \? - Il ?.
By. }r8kQbjeuty Register of I?

9
EXHIBIT "A"
TRACT ONE: BEGINNING at an iron stake set with cap (No. 5 rebar) located the
following three calls from a mag nail set in the centerline of N.C.S.R. 1516 at the center
of the existing NCDOT bridge across Brier Creek: North 61 ° 13' 22" East 91.41 feet to a
mag nail set; North 04° 49' 06" West 32.96 feet to a non monumented corner in the
northern 60' right-of-way for N.C.S.R. 1516 (Paul Willoughby Road) and North 04° 49'
06" West 23.29 feet to the point and place of BEGINNING (Point "A"); thence from said
BEGINNING POINT, South 84° 07' 40" West 86.34 feet to an iron stake set; thence
North 60° 17' 58" West 617.57 feet to an iron stake set; thence North 60° 15' 31" West
780.65 feet to an iron stake set; thence North 18° 15' 55" East 220.14 feet to an iron
stake set; thence North 04° 12' 37" East 450.83 feet to an iron stake set; thence North 481
24' 15" East 567.32 feet to an iron stake set; thence South 82° 59' 33" East 398.87 feet to
an iron stake set; thence South 44° 17' 48" East 242.67 feet to an iron stake set; thence
South 32° 43' 40" East 1068.55 feet to an iron stake set; thence South 09° 45' 56" East
96.57 feet to an iron stake set; thence South 63 ° 37' 04" West 179.54 feet to an iron
stake set; thence South 601 20' 21" West 44.04 feet to an iron stake set; thence South 549
45' 22" West 67.85 feet to an iron stake set; thence South 32° 31' 58" West 139.64 feet
to an iron stake set; thence South 08° 28' 16" West 245.43 feet to an iron stake set, the
point and place of BEGINNING, and containing 40.10 acres f and as more particularly
shown as a Conservation Easement on a survey for Restoration Systems, LLC,
Columbus Swamp Restoration Site, prepared by K2 Design Group, P.A., dated 3/3/08
(DWG. No. RSS516MR05).
TRACT TWO: A new 20' easement for ingress, egress and regress to Tract One above
and more particularly described as follows: BEGINNING at Point A as described in
Tract One above and running South 04° 49' 06" East 23.29 feet to a non monumented
corner in the northern 60' right-of-way for N.C.S.R. 1516; thence along said right-of-way
the following two calls: South 60° 41' 58" West 13.52 feet to a point and South 61 ° 13'
22" West 8.42 feet to a point; thence North 04° 49' 06" West 31.94 feet to a point in the
southern line of Tract One; thence with the line of Tract One, North 84° 07' 40" East 20
feet to Point "A," the point and place of BEGINNING and containing 0.01 acres ± as
more particularly shown as a new 20' ingress, egress & regress easement on a survey for
Restoration Systems, LLC, Columbus Swamp Restoration Site, prepared by K2 Design
Group, P.A., dated 3/3/08 (DWG. No. RSS516MR05).
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