19970456 Ver 1_COMPLETE FILE_19970523

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P. E., Director
APPROVAL of 401 Water Quality Certification
Mr. Robert Gorham, Jr.
c/o Mr. Michael Stocks
Appian Engineering
P.O. Box 7966
Rocky Mount, NC 27804-0966
Dear Mr. Gorham:
LT.WYWAIT
A4
maL
- - - ?J
?EHNFi
May 27, 1997
Nash County
WQC 401 Project #970456
You have our approval, in accordance with the attached conditions, to place fill material in 0.60 acres of
wetlands or waters for the purpose of constructing a wetland mitigation site at Pig Basket Creek near SR 1601
and SR 1603, as you described in your application dated 23 May 1997. After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification Number 3109. This Certification
allows you to use Nationwide Permit Number 27 when it is issued by the Corps of Engineers. In addition,
you should get any other federal, state or local permits before you go ahead with your project including (but
not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply
Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA permit expires
unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you mu§t follow the conditions
listed in the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
rofn?
?0 , ston Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Dorney
Central Files
970456.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
05/23/97 FRI 15:44 FAX [phone] APPIAN
Q 001
FAX TRANSMISSION
M 1" o
apin,,An
CONSULTING ENGINEERS, PA
CIVIL, MUNICIPAL & STRUCTURAL ENGINEERS
P. 0. BOX 7966
ROCKY MOUNT, NC 27804
(919),972-7703 FAX (919! 972-7638
Number of pages to follow including this page q„
DATE: !? 1 Z ? 9y
FAX NO.: ( ) ?1 r9 -7 3-6 -- X 985'7
TO: RA4
WITH., (J
FROM:
t
COMMENTS:
THANK YOU!
ACS O-10
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO'
ATTENTION OF April 22, 1997
Regulatory Branch
ACTION ID 199300379 and Nationwide Permit No. 26
r \ D
Mr. Robert D. Gorham, Jr. \v
The Tuscarora Corporation
Post Office Box 912
Rocky Mount, North Carolina 27802
Dear Mr. Gorham:

Reference is made my letters to you of March 21, 1997, and
March 27, 1997, regarding Department of the Army (DA) nationwide
permit authorization and compensatory mitigation for your proposed
discharge of fill material into 6.42 acres (total) of wetlands on
your property adjacent to Stony Creek and an unnamed tributary to
Stony Creek, west of J.S. 311 Bypass and south of U.S. 64 Bypass,
in Rocky Mount, Nash County, North Carolina. Reference is also
made to "Addendum No. 3" of the wetland mitigation plan dated
March 27, 1997, which included preconstruction notification (PCN)
for your intended utilization of Nationwide Permit 27 for
jurisdictional impacts associated with mitigation site
construction.
Based upon our review of your PCN; the "Wetland Mitigation
Plan for Village Green Project" dated March 11, 1997; and Addenda
1, 2, and 3 of the above plan; the following concerns are
provided for your consideration and comment:
a. The written description of the proposed Pig Basket Creek
mitigation plan indicates that Area A will be excavated to create
a flat-bottom wetland, while the excavation of Areas B and C will
result in similar flat areas as well as deeper sections with
sloped sides to create seasonal or semipermanently flooded
conditions. We have concerns that the final hydrologic regime
for these wetlands may be wetter than that anticipated, based
upon the proposed project elevations in relation to those of
adjacent, existing wetlands.
f
2
Accordingly, extreme caution should be taken to insure that final
elevations and associated hydrologic regimes and hydroperiods are
appropriate for the proposed wetland types and vegetative
species.
b. The proposed final disposition of the Pig Basket Creek
mitigation site should be clearly identified. According to the
written plan, the mitigation/preservation property at Village
Green is to be deeded to a willing and suitable resource agency
or conservation organization, but no definitive statement is made
concerning the Pig Basket Creek site.
We would appreciate your response to the above issues on or`
before May 11, 1997. Should you have questions, please contact
Mr. Eric Alsmeyer, Raleigh regulatory Field Office, telephone
[phone], extension 23.
Si :cere? t?
S. Kenneth Jolly
Manager, Raleigh Regulatory
Field

01
3
Copies furnished:
Mr. Mike Stocks
Appian Consulting Engineers
Post Office Box 7966
Rocky Mount, North Carolina 27804
Mr. Bob Pierce
Wetland Science Applications, Inc.
Post Office Box 1022
Poolesville, Maryland 20837-0099
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health, a
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607,
1
05/23/97 FRI 15:45 FAX [phone] APPIAN
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED NCTT_71_TY INVOLVES TVE D_TS=cAT RGZ OF EXC3LV2&..TED OR r3:LZ VATER.T
INTO WETLANDS
a. Wt== DELINEATION HP.P SHOWMG ALL WETLANDS, STREP ° 3, DIMS
AND PONDS ON THE P3OP--RTC (FOR NP.T_ONWIDE PERMIT NUMBERS la, 16, 21, 26,
29, AND 38). ALL STREAMS (-:NT9V2-aT&a"4T AND PZP&A **T) ON TL-*E PROPERTY
MUST BE SHOWN ON rHz MX2. MARV SCAS,ES SHOULD BE 1 INCH EQUALS S0 FEET OR I
INCH EQUALS 100 .FEET OR THEIR EOCIVALENT.
b. I? AVAZLUZZ, REPRZ5cENTATI7E PHOTOGRAPH OF WETLANDS TO BE
IrPACTED BY • PROJECT. - .. - ^
C. Ir DELINEATION WAS PERFORMED BY A CONSULTANT, =CLVDE ALL DA=
SnEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACK A COPY OF THE STOMINATEA n-NAC-rt.-NT PLAN IF REQUIRED.
e. RIMT IS LAND QSZ OF SURROUNDING PROPERTY? Woodland with 1 tO ht
residential to the southwest.
I. IF APPLICABLE, W EAT IS PROPOSED METHOD OF SEWAG% DISPOSrur?
g . SIGNED AND DATED AGM;T IAQTl;0R7ZnTldN LETTER, 17 pS °LT_C.?_3LE .
2TO=: WETLANDS OR WATERS OF THr 'U.S. MAX NOT EE INTAC77-1) OR TO:
1) . ISSUANCE OF A SECTION 404 CORPS OF, ENGINEERS PERMIT,
Z) EITHER THE ISSUXNCr OR WLrA TZ OF A 401 DIVISION OF
EN IRONbENTAL MANAGEIENT (WATER QUALITY) CE.RTIa ICATION, AND
3) (3N TJX T TY COASML CODNTZE'S CN,LY) , A LETTER MOM TEE
NORTB CAROL MM DM5I014 Off'. COASTAL MANAGEMENT STATING MM FMFOS D
ACTIVITY IS CONSISTENT WITH THE,NORT33 CAR0L=4A, COASTAL MANAGEMENT
P_?QGTiAfii.
OWNER'VAGENT'S SIGNATURE

S 11
0002
F
V-wl-3 9
MaE
(AGENT'S SIGNATURE VALID ONLY
IF AbTEORZZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))•
DEPARTMENT OF THE ARMY
np p[s
WILMINGTON DISTRICT, CORPS OF ENGINEER4`? l iSS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF May 21, 1997
Regulatory Branch
ACTION ID 199300379 and Nationwide Permit No. 27

Mr. Robert D. Gorham, Jr.
The Tuscarora Corporation
Post Office Box 912
Rocky Mount, North Carolina 27802
Dear Mr. Gorham:
50'
?r

Reference is made to Department of the Army (DA) nationwide
permit authorization provided to you by letter dated
November 14, 1995, for the discharge of fill material into 7.24
acres of wetlands on your property adjacent to Stony Creek and an.
unnamed tributary to Stony Creek, west of U.S. 311 Bypass and
south of U.S. 64 Bypass, in Rocky Mount, Nash County, North
Carolina. By letter dated March 21, 1997, you were advised that
DA authorization for your proposal was extended to January 21,
1998, and modified to reflect a reduction in jurisdictional
impacts to 6.42 acres (total).
Reference is also made to my letter to you of March 27, 1997,
which further modified your DA authorization to allow construction
within wetlands to immediately proceed and required that "the
mitigation plan, dated March 11, 1997, including all addenda and
subsequent modifications, will be finalized and implemented in its
entirety." This letter also acknowledged our receipt of your
Preconstruction Notification dated March 27, 1997, which described
your proposed excavation and fill activities within 0.60 acre of
wetlands and waters associated with construction of the Pig Basket
Creek mitigation site.
We have reviewed the "Wetland Mitigation Plan for Village
Green Project in Rocky Mount, NC" dated March 11, 1997,
subsequently modified by "Addendum No. 1" dated March 18, 1997,
Addendum No. 2" dated March 25, 1997, and "Addendum No. 3" dated
March 27, 1997. As a result of that review, augmented by a site
s s
inspection on May 13, 1997, we have determined that successful
implementation of the plan and all addenda (3) will satisfactorily
compensate for adverse wetland impacts associated with the Village
Green Project.
In regards to your proposed activities within wetlands and
waters associated with the Pig Basket Creek mitigation
construction, authorization was provided in our regulations
pursuant to Section 404 of the Clean water Act for activities in
waters of the United States associated with... the enhancement of
degraded wetlands and riparian areas, and creation of wetlands and
riparian areas ...on any public or private land, provided the
permittee notifies the District Engineer in accordance with the
"Notification" general condition. Your proposed excavation and
fill activities at the Pig Basket Creek mitigation site, impacting
0.60 acre.of waters of the United States, are authorized by
nationwide permit provided they are accomplished in strict
accordance with the enclosed conditions, and provided you receive.
Section 401 Water Quality Certification from the North Carolina
Division of Water Quality. As discussed during the May 13, 1997
site inspection, all grading activities at the Pig Basket Creek
mitigation site should be completed by August 1997, to allow for
the planting of trees during the December 1997 - January 1998
planting season.
Should you have questions, please contact me at telephone
[phone], extension 22.
Sincerely,
S. Kenneth Jolly
Manager, Raleigh Regulatory
Field
Enclosure
2

Copies furnished (without Enclosure):
Mr. Mike Stocks
Appian Consulting Engineers
Post Office Box 7966
Rocky Mount, North Carolina 27804
Mr. Bob Pierce
Wetland Science Applications, Inc.
Post Office Box 1022
Poolesville, Maryland 20837-0099
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health, and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
3
051123/97 FRI 11:36 FAX [phone] APPIAN 1@002
4fol
• OEM ID: CORPS ACTTCN 2D:
XATIONAZDE PERMIT REQUESTED (PSOVID$ NATIOMaDE PERMIT
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NQT2"c =¢ATIOW TO CORPS or ENGIrO=
2) AWWLZCAx=0N i'taR =CTXCX 402. CEWsPTCA=03v
3) C70RDIWAT1ON WITR 2= NC DIPISION OF COJLSTAL bGQEkGE1d=
SEND T- ORIGINAL AIM (I) COPY OF =3 COb1PZZ= FORM TO TEE AF?ROP__RX=
FIELD O':---dC OF TEM CORPS OF Eurpm EER.S (SF.E AGZN= =Ortz55$5 SWF 1) . SEVEN
(7) COPIES SHODI.D BE SEE To THE N. C. DIVISION OF ENVIRaN=TAL WWAG TT
(SEE AGrWCY ADDRESSES SHEET). PY.e"1X5L PRINT.
1. OWNERS NAME: Mr. Robert D. Gorham, Jr.jAuthorized Agent; J.Michael Stocks
P.E.
2. wAITLING ADDRESS : Appian Consulting Engineers, PA•
Post office Box 7966 SUBDIVISION NPS"_z: _N/A
CITY:• Rooky Mount, STATE: North Carolina ZIP CODE: 27804-09.66
P_tOUEC-1 LOCRTI& P-DDRE55, INCLUD?`NG 5U5DIVIw10N NP*4E (IF DIF.-c-E-RENT n, CM_
M&-zzzNG 3vDRE5S pLSOVE) ;
(Fax)
3. TELEPHONE NUMBER (HOME) : 91 9-972-7703 Wig) : 919-/972-7638
Q."IF APPLICABLL: AGENT'S NPR OP. RESPaNSIBLE CORPORATE OFFICTIAL, -ADDRESS,
PHONE NW-BER: Apnian'Consultina Enaineers. PA
Post Office 'Boxl 7966, Rocky Mount= North Carolina 27804
S. LOCATION Of WORK (PROVIDE A 1-A-0, PREFEXA3LY A COP`! OF USES TOPOGRAPHIC
KIP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTX! Nash NEAREST TOWN QR CITY: Rocky.. MQUnt
The northwest quadrant of the intersection of Reges Store Road
•11 ? Y

051123/97 FRI 11:36 FAI 919 972 7638 APPIAN
Q003
-- SPECIFIC LOCATION (INCLUDE ROAD
NMOERS# T.n*tDMILV ,c, ETC.) ; The northwest quadrant of the intersection
of Reges Store i, odd (SR 16 0 1 ) ansi Old Carriage oad (SR_ 16 OIall i
west of Pig Basket Creek.
6- nlPA(=ED OR NEAREST S=REW./R_rnR: Pig Basket Creek
RIVER BASIN: Tar-Pamlico River Basin
7a. IS PROvc.CT LOCATED NEAR WATER CWZSIrT-ED AS TROUT, TIDAL SALMATER
{5A) , =GK QUF-ITY WATERS (1:QW), OUT51ANDING RESOURCE WATERS (ORW), WATER
SUPVErLY (WS-I OR wS»12) 7 YES [ ] NO [g] IF Yu, =*a_N:
7b. IS = PROEECT L04=-ZED WITHIN P_ NORTH W-LROLINA DIVISION OF COAST .L
M-ANAGa- l-E +rT AREA. of ENZt?ROMMYTAL CONC-RN (AL EC) ? YES [ ] IM
7c. IF THE PROJECT IS LOCATED FrIT.H.=' A.'COASTAL COUNTY (SCE PAGE 7 FOR
LIST Of COASTZL COUNTIES), WdAT IS THE LAND USE PLAN (LUP) DESIGNATION7
8a. HAVE ANY SECTION 404 PETS BEEN PREV-OUSLY REQUESTED FOR USE ON
THIS PSOPERTX? YES [ ] NO [X] T3 YES, PROVIDE ACTION I.D. NUMPER OF
122=20QS 9EAKIT AND ANY ADOITIOM-M INFOMUZZION (INCLUDE P.ljoToCOD;' OF 401
CERTI F70-TION)
6b. ARE ADDZTYON.ZL PERT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
EYJTUR,E4 YES [ ] NO [g] IF YES, DESCRIBE ANTICxPATED WORK:
9a. ESTIMATED TOTAL NUMBER or AciEs TN. TRACT OF LAND:
9b. ESTIMATED TOTAL N[JMBER Or ACRES OF WETLANDS LOCATED Oft PROJECT SITE:
22.3 Ac.
2
05:23/97 FRI 11:37 FAI 919 972 7638 APPIAN 004
10a. NC MER OF ACRES OE WETLANDS IMPACTED BY Tn PROPOSED PROJECT BY:
FIL=90 ., 0.60 AC, (NNP 4 2 7 $ Excxv=w;
FLOODING:
OTHER."
TO= Z A=S TO 239 nWAC=D e 0.60 Ac. (NNP # 2 7 )
- DRA?TA?: __ -• -
lob. (1) Sim= CV. WNE,L TO BE 11M =D BY THE Pg0PO5ZD P.ROMCT (XZ*
RELOc4v=, pizovmz D-rsrAN= BOTH BEFORE AND AFTER JWZ0CATX0N) :
LFINGTE BEFORE : . FT AFTER: FIT
wmT= HEFOBE (based on normal high water C0nt0Ur3): FT
wmSTm AFTER! PT
AVLWAGs DEPTS BEFORE: FT ' AFTER:
(Z) STREAK? MULKNEL T_MPACTS oPILL RESULT. FROM: (C;- ZC:K I' TH.n Le?,rjY)
OPEN CI.30WEL RELOCATION; PLACI*(IT OF PIPE IN U-MMEL:
CHMMEL EXCAVATION., r CONSTRUCTION OF A DF_M/FLOODING: '
OTHER:
11. IF CONSTRUCTION OF A POND =S PROPOSED, Wa?T IS THE SIZE OF THE
W-ATr.RSc=- D DRAINING TO THE POND?
FEW IS THE EXPECTED POND SURE'3CE AREA?
l2. DESCRIBTZON OF PROPOSED WORK XNCaUDING DISCUSSION OF TYPE OF
HECHMICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11° DAFWINGS
ONZY): Wetland creation and enhancement in accordance with the---_
off-site mitigation plan for-the village Areen Site.
13. PURPOSE OF PROPOSED WORK: Provide access to the construction:
areas to Co-work.'
3
05.123/97 FRI 11:37 FAX [phone] APPIAN 1@005
14. STATY RzAsoN5 rnT h-Y XT iS SEyYBVED THAT THIS ACTIVITY MUST $E CA.RA12:D
OUT IN WETLANDS. (TNCLUDE ANY HEASUR2-5 VKEN TO M NT?I,ZE WETLAND
IMPACis). No off-site access. The punned route is the best
alternative to minimize wetland impacts (see Wetland Mitigation Map
for Village Green dated September 29. 1995 and revised March 10, 1997'.
15, YOU ARE RE=RED TO CONTACT THE U. S. r IS' A= WILDT,IrZ SERVICE
(US-AVS) AND/OR NATIONAL KkR_TNE nsKERIES . (Nt-I..=S) (ZEE ArENC_
ADDRESSES St-." MT) R.ECIMOMNG Tn. PRESENCE. Or ANY ?DE=LY LIST10 OR
PROPOSED FOR LISTING ENEA-NGrAED OR Th'R£ATMED SPECIES OR CRITICAL &ALBIT TT
.114 THE PERY-T T ARE?_ TI MT M-y BE At'-ECTED BY F-ROPOSED'?RCJZCT. ]SATE
GQNTAC4-1). (ATTP.CH RESPONSES -
FROM TI SE AGWCIES .) .
16. You Ali RSQUIRED TO CONTACT THE STATE faSTORT_C PRESERVATION Or 2CRR
(SHPO) (SEE AGENCY ADDRESSES S'reET) P-rcm DING THE PRESENCE OF f11STORIC
PROEERTIrS IN THE PE -TT ARIA W K20-1 X-LY BE AFFZCTED BY THE PROPOSID
PROJECT. DATE CONTACTED-.— r..
17. DOES TIM PROJECT INVOLVE AN =00DITIIRE OF PUBLIC FUNDS OR TF-r USE OF
PUBLIC (STATE) LA11D?
YL'S . (j NO Pp (13 NO, GO TO 18)
a. IF YES, DOES T= PROJECT REQUIRE RRE ALRATION OF AN ENVTRONXENTAL
DOCUMENT PURSMT TO TIME REQU=REY-ENTS OF T-%Z NORTH G?OLINA ENV=RONy-'TTAL
POLICY ACT?
YES t] NO P1
b. IF YES, HAS THE DOCUMENT BEEN R&wr-.WZD THROUGH THE NORTH CAROLINA
DEPARTM= Or ADF-=15TRATS013 STATE CLEA.1t-NG440IISG?
YES [ ] NO m
IF ANSWER TO 17b 15 YES, TjiEN SUBMIT A-°OgOERIP-TE DO=t ENTA=1ON FROM TIM
STATE C1ZJ,=c 0179E. To D=SION' Or ENL*YRONMENT.ALL MANAG--MFNT REGXRDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTTONS REGARDING THE STATE CLEARINGROUSE R.EV:EW PROCE:55 SHOULD BE
DIRECTED TO N3. MW3 BAGGSTT, DIRECTOR SPATE CZEAR=GeI' OUSE , NORTH
CAR.OLYNA DF- 2ARTHEYT OF ADMINISTRATION, 116 WEST JONES STIM, RALEIGH,
NORTH CALtoLM 27603-8003, TUZPFsONE (91-9) 733-6369.
4
051,123/97 FRI 11:38 FAX [phone] APPIAN
I8. TFi, rOLZ,OWI?dG ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES T3Z DI_SCMAURGE OF EXC_aVRTED oR riLL M&TERIPZ
INTO WETLANDS:
a. WETLAND DELINEATION MILE SHOWING ALL WETIJWDS, STREAKS, LP?S
MM PONDS ON THE PROPERTY (FOR tMr-IONWIDE PERl=T NULBZR5 14, 18, 23,, 26,
29, AND 38) . ALT, STREAMS (INTERMITTENT AM PERi•LJ=T) ON TI:E P&OPER--y
MAST BE SHOWN CN THz I&F. - P SCALES SHOt7LD BE 1 INCH E017ALS 50 FEET OR 1
INCH EQUALS 100 ,FEET OR 'THEIR EQUZME NT .
b. I- AVAILULc„ REPRESENTATIVE -PHOTOGRAPH OF WETLANDS TO BE
ACTED BY 'PROJECT. - .. ,.. -
C. IT DELINFATION WAS PERFORMED BY A CONSULTANT, n= =E 2?,L DATA
SHEETS RELSVP.NT To THE PLAC=T OF THE DELINEATION LINE.
d. ATTAC. A COPY OF THE STORL571TEA MA.NAGZF-rNT PLAN IF REQUIRED.
e. WFmT I5 LAND Usz or SvRROUNDING PROPERTY? Woodland with i ht
residential to the Southwest.
f. IF PDPLICABLE, WHAT IS PROPOSED METHOD OF SiW7-GE DISPOSAL?
9 . SIMD I?ND DATED AGENT AUTPi+QPXZATTON LE TTEA, -? APPL. C.-ALBLE
[a 006
?• r
2701+z': WETLANDS OR WATERS OF ME U.S. MAX NOT 2-7 L?•RACTED P_RTOR. TOr
. 1) - ISSUM=- OF A SECTION 404 COMPS OF- ENGINEri-2S M141T,
2) EITHER THE ISS AYM OR WAIVER OF A. 401 DIVISION OF
ENYIR0Nl#lENTAL MNAG22EN'T (HATER QUALITY) CERTIFICATION, AND
3) (=F TEE lvz;7TY COASTAL CQUN=S ONZY) , A LETTER FROM T=
IdORTg CAROLnUL DIVISION G$. COASTAL MAVAGEXENT S TATXXG THE PROPOSED
ACTIVITY IS =TSYSTENT WITH THE NORTH CAROL=A COASTAL MWAGEIENT
OWNER' S/AGENT'S SIGNATURE DATE .
.(AGENT'S SIGISP M VALID ONLY -
IF .P_UTHORIZATION LETTER FROM
THE OWER IS PRQVIDED (18g.) )'
- 5 ••
05/23/97 FRI 11,38 FAX [phone]
r
ORTH CAROLINA
L AND ECONOMIC RESOURCE8
DRTH CAROLINA
off 111 SIN
'ED OAK) 336 RED OA.
J 1 I ? 4"
Com

APPIAN 0 007
NASHVILLE QIJ)
NORTH CAROLINA
7.5 MINUTE SERIES i
NW14 ROCKY MOUNT Is
'39 2 3C"
---'At C ICFiCI
r hani Nmrh 1
?aIP COOM6
`t
? "sue
T 4l ark ?.
rr? ? 'r
1
:,??^?asr , I I I
051123/97 FRI 11:39 FAI 919 972 7638 APPIAN _ X1008
TOTAL $ITS ARIBA i 4t5O Aa.
EXISTMQ SITE WETLANDS ¦ 22.55 Ac.
WETLANDS CONSTRUCTION ¦ 4.25 AC.
WETLAND ENHANCEMENT ¦ 14.50 Ac.
BUFFER ENHANCEMENT ¦ 10.33 Ac.
WETLAND PRESERVATION x 7.99 Ac.
BUFFER PRESERVATION ¦ 4.55 Ac.
r. rm M. SECTION MA r . o WL
tta To

to Jwaa>?

? w

113
IX ?CMrlq
e tz
11D 10
04W 1+00 2400 3+60 4+00

*pot
1/V
(tit?flp1w14
%A4M
-OL
14
Ili im

0+00 1+ 00 2+00 3400 4+00
r - s meTwu a C r -

R
*?
'^ _ 1
*
w

0+00 t+00 2+00 3?00 4+06
w ? • r ! w
I ?• W V . V
r ?
T ? T • W
? W Y 4 W
W •'V V w ?
? ? v v .
i W ? . y'V . ? ' +
?i • W
. W ^?.t W..
W V ? W +'
-6 4-
:fY ?'. • W ' W ? 4
• w
•Y y•• i
r •. 1 .
05/23/97 FRI 11:39 FAX [phone]
? {S, fr L'rn? •Nj N?i' 4tJ'?.ii?4i5i

Y •i; .
+
V
! V i i
r y y r r
?? 'a
V i r 1 .?. r .r
? • ?.. 1Y.
rYti Y
' v ! ? i ? -

' V ? i
r
APPIAN
MCA i
AWCA 9
® AMA S
..r {i•• AWA A
Q AREA 5
® AREA 6

iia
--acv.- E%IS11NO CONTOURS
rROrOKE) COMOM
-¦ws-i••? PROPWO M3LUM COWOM
FlLL TO mm now
® AREA TO K E%GVATO
NaRr"
?1 9CNERAL MOTC9
1. T"rophkW lnlamOH.n arnyOd by Joyner Kung, and Attodam
2. morotanOW ft e tm%n pwfamwd by WsHand Sewww Amwwtbn,
?• Beeehe
-4'±•? YQ?04i
no•M
11
21
@100
• Y
051123/97 FRI 11:36 FAX [phone]
APPIAN 1@001
rAX TRANSMISSION
Llp p han
CONSULTING ENGINEERS, PA P. 0- BOX 7966
ROCKY MOUNT, NC 27804
CIVIL, MUNICIPAL & STRUCTURAL ENGINEERS [phone] FAX [phone]
Number of pages to follow including this page
DATE: h'" ^
FAX NO.: (9 1)) 15 ? ...
TO:
W ITH:
FIE:
FROM:
COMMENTS:
y
THANK YOUICV
ACE 040

bk°*K®ZFaFaZ+Z+Z+AZE
¦7#,FW* ] o] o] oM] IET] fT] A] L
J. ^UX [T*N^A
^•,w'`.'',.-r f* , #
r
UZ1Ir_ i?? S.C_ r fkx) _ r r r r rFebruary 28, 1997
Mr. Michael Stocks
Appian Consulting Engineers, P.A.
841 S. Wesleyan Blvd.
Rocky Mount, NC 27804-0966
Subject: Lowes Rocky Mount
Dear Mr. Stocks:
This correspondence is concerning the stormwater management plan
for the subject facility. The Stormwater Group is responsible
for evaluating the treatment capabilities of stormwater wet
detention ponds proposed in conjunction with 401 wetlands
certifications. Division staff have reviewed the submitted
stormwater management plan and supporting documentation and have
determined that additional information is required before
approval of the stormwater management plan can be finalized. The
required additional information is as follows:
1. Operation and Maintenance Plan
The operation and maintenance plan must contain specific
information and designate a responsible party. Items that should
be included in the O&M plan include, but are not limited to the
following:
a. Debris and litter control checks for inlet, outlet and
orifice obstruction after every storm producing runoff.
b. Provisions for routine vegetation management/mowing and a
schedule for these activities.
C. Check every six months, or more frequently, for:
i. sediment buildup and need for removal,
ii. erosion along the bank and the need for reseeding or
stabilization and, if reseeding is necessary, a reseeding
schedule,
iii. erosion at the inlet and outlet and methods of
stabilization,
iv. seepage through the dam,
v. operation of any valves or mechanical components.
d. Agreement signed and notarized by the responsible party to
perform tasks specified in the plan, including inspections,
operation, and any needed maintenance activities.
An example O&M plan is attached for your convenience. Please
note that the example plan is not site specific. Should you
A, \1
choose to use the example plan it is necessary to modify all of
the "if" statements and provide specific benchmarks for sediment
removal.
2. Sediment Removal
If the basin is proposed to be used as a sediment basin during
construction, the plans must clearly indicate that accumulated
sediment will be removed from the structure prior to
implementation as a wet detention pond.
3. Emergency Drain
An emergency drain must be provided which will draw down the
permanent pool volume in 24 hours or less. If a pump is to be
used, the pump and appurtenant equipment must be specified and
kept on-site at all times.
4. Draw Down Orifice
The diameter of the draw
down the actual temporary
volume, to the permanent
02H .1008(e) (2)].
5. Vegetation Plan
down orifice must be such that it draws
pool, not just the required design
pool level in two to five days (T15A:
Documentation indicating that vegetation will be established and
maintained to the permanent pool elevation should be provided.
Division stormwater staff will work to perform a final review of
this stormwater management project within 10 working days of
submittal of the requested information. If you have any
questions or would like to discuss this project, please contact
me at [phone], extension 537.
Sincerely,
Jeanette C. Powell
Stormwater Engineer
cc: John Dorney, ESB
Danny Smith, RRO
Bradley Bennett, Stormwater Group
Mr. Michael Stocks
10, 0/23/97 FRI 08:09 FAI 919 972 7638 APPIAN
1@001
FAX TRANSMISSION
I
L&p p iA&11
CONSULTING ENGINEERS, PA P. 0. BOX 7966
ROCKY MOUNT, NC 27804
CIVIL, MUNICIPAL & STRUCTURAL ENGINEERS [phone] FAX [phone]
Number of pages to follow including this page
1aa.1
I DATE:
IFAX NO.: (-70b 9'9i6j _
ITO: `Jah.A barnq
I WITH; j-)Wj
I RE:
FROM: S$tve sirok
COMMENTS:
THANK YOU!
ACE 0-20

w 0/23/97 FRI 08:09 F.41 919 972 7838 APPIAN
Regulatory Branch.
DEPARTMENT OF THE ARMY
W1WINGTON DISTRICT, CORPS OF rzNGINEERS
P.O. BOX 7sso
MWINGTON. NORTH CAROLINA 28402-7090
May 21, 1997
ACTION ID 199300379 and Nationwide Permit No-. 27
Mr. Robert D. Gorham, Jr.
The Tuscarora Corporation
Lost Office Box 912
Rocky Mount, North Carolina 27802
Dear Mr. Gorham:
la 002
/./ 0M
a
Reference is made to Department of the Army (DA) nationwide
permit authorization provided to you by letter dated
November 14, 1995, for the discharge of fill material into 7.24
acres of wetlands on your property adjacent to stony Creek and an
unnamed tributary to Stony Creek, west of'u.s. 311 Bypass and
aouth of U.S. 64 Bypass, in Rocky Mount, Nash County, North
Carolina, By letter dated March 21, 1997, you were advised that
DA authorization for your proposal, was extended to January 21,
2998, and modified to reflect a reduction in jurisdictional
impacts to 6.42 acres (total).
Reference is also made to my letter to you of March 27, 1997,
which further modified your DA authorization to allow construction
within wetlands to immediately proceed and required that "the
mitigation plan, dated March 11, 1997, including all addenda and
subsequent modifications, will be finalized and implemented in its
entirety." This letter also acknowledged our receipt of your
Preconstruction Notification dated March 27, 1997, which described,
your proposed excavation and fill activities within 0.60 acre of
wetlands and waters associatad with construction of the Pig Basket
Creek mitigations site.
We have reviewed the "Wetland Mitigation Plan for Village
Green Project in Rocky Mount, NC" dated March 11, 1997,
subsequently modified by "Addendum No. 7.- dated March 18, 1997,
Addendum No. 2" dated March 25, 1997, and "Addendum No. 3" dated
March 27, 1997. As a result of that review, augmented by a site
105/23/97 PRI
'r Y
08:10 F.Z 919 972 7638 APPIAN
inspection on, May 13, 1957, we have determined that successful
implementation of the plan and all addenda (3) will satisfactorily
compensate for adverse wetland impacts associated, with the Village
Green Project.
In regards to your proposed activities within wetlands and
waters associated with the Pig Basket Creek mitigation
construction, authorization was provided in our regulations
pursuant to Section 404 of the Clean water Act for activities in
waters of the United States associated with ...the enhancement of
degraded wetlands and riparian areas, and creation of wetlands and
riparian areas ...on any public or private land, provided the
permittee notifies the District Engi er in accordance with the
" tification" general condition. Your proposed excavation and
fill activities at the Pig Basket Creek mitigation site,'ikpactingg
0.60 acre of waters of the United States, are authorized by
nationwide permit provided they are accomplished in strict
accordance with the enclosed conditions, and provided you receive
section 401 Water Quality Certification from the North Carolina
Division of Water Quality As discuses during the May 13, 1997
sate inspection, all g sng activities at the Pig Basket. Creek
mitigation 'site should be completed by August 1997, to allow for
the-planting of trees during the December 1997 - January 1998
planting season.
should you have questions, please contact me at telephone
[phone], extension 22.
Sincerely,
s. Kenneth Jolly
Manager, Raleigh Regulatory
Field
Enclosure
1@003
2
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., G ove mor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
May 9, 1997
Mr. Robert Gorham
The Tuscarora Group
P.O. Box 912
Rocky Mounty, NC 27802
Dear Mr. Gorham;
RE: Village Green project
Stormwater plan approval
DWQ # 951103
Nash County
A 00.9?F?
IT41
C) FE F1
DWQ staff have reviewed the stormwater management plans submitted by your
consultant, Mr. Michael Stocks of Appian Engineering dated 10 March and 4 April 1997. These
plans are acceptable to the Division in order to meet one of the additional conditions added to
your certification dated 26 March 1997. Please call me at 919-733-1786 if you have any
questions.
Sincerely yours,
4oR. Dorney
Water Qrtification Progra
951103.pnd
cc: Michael Stocks, Appian Engineering
Jeanette Powell, DWQ
Danny Smith, DWQ Raleigh Regional Office
Central Files
Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal opportunity Affirmative Action Employer so*/o recycl"im, post consumer paper

Wetland Science Applications, Inc.
Eric Alsmeyer
Raleigh Regulatory Field Office
USACE
6508 Falls of Neuse Road
Suite 120
Raleigh, NC 27615
Action ID 199300379 and Nationwide Permit No. 26
Dear Mr. Alsmeyer:
P.O. Box 1022
Poolesville, Maryland 20837-0099
[phone]
May 8, 1997 RE??jV??
AqY 12194
6 ,
4?on,M,-Nrpc Sc??ivc.,?s
J
This responds to Mr. S. Kenneth Jolly's letter dated April 22, 1997, concerning the Pig
Basket Creek mitigation site for the Village Green Project in Rocky Mount, NC. Attached find
Addendum No. 4 to the Plan which provides for a permanent conservation easement held by NC.
We believe that it is best if the title to the property is retained by the permittee at least through the
completion of the monitoring program. This will ensure easy access to the property for monitor-
ing studies and for any retrofitting that may be necessary. Once your office and the North Caro-
lina Department of Environment, Health and Natural Resources (NCDEHNR), have agreed that
the monitoring program is satisfactorily completed, then the property may be transferred, fee-
simple, to a mutually agreed upon, suitable conservation organization if one can be identified.
Regarding your concerns about the depth of Areas B and C on the proposed plan. The in-
tent of the slope-sided depressions is to retain water on site into the middle of the summer. Such
open water areas are essential for successful amphibian reproduction and as brooding habitat for
waterfowl. The site as a whole has a noticeable lack of such habitat and it was our intent to try to
increase habitat diversity on site.
If you examine earlier versions of the plan, you will observe that the original design
called for flat-bottomed depressions with a bottom elevation of nominal 112 feet. After examin-
ing the hydrographs for the two ground-water observation points from the site, I modified the de-
sign, both in shape and maximum depth. Figure 8 in the March 11, 1997, Plan, represents last
year's water depths at a ground elevation of approximately 114 - 114.5. Ground water dropped
over a foot below the surface in late June and July. I believe that higher than normal precipitation
during July and September (Figure 7) kept ground water somewhat elevated during the summer.
During normal precipitation years, I believe that the water table will remain at least a foot below
the land surface for several months.
Figure 9 represents the ground-water elevations at approximate land surface elevation 115
-115.5. When corrected for land-surface elevational differences, the water table elevations corre-
spond closely to those in Figure 8. In addition, the permeability of the soils in both locations, as
determined from the daily, step-wise decline in water levels is almost identical, averaging be-
tween 2 - 2.5 inches per day in late June and early July. Based upon these permeabilities, I be-
lieve that water in Areas B and C will infiltrate at the same rate as the surrounding ground water.
I
The controlling depth for the entire constructed mitigation area is nominal 114 ft. The
deepest point in each of Areas B and C is nominal 113 ft. Assuming that permeability is near zero
in each of these depressions (which is a worst-case scenario), the maximum depth of water that
would only decrease by evapotranspiration is 1 foot: and that only at the very bottom of the
slope-sided depressions. Buttonbush, which will be planted in the deepest section of the depres-
sions can easily survive continuous inundation of one foot. Other woody shrub species will be
planted on the side slopes. Thus, I believe that even under the worst-case scenario, the entire con-
structed mitigation area will be vegetated with woody species.
We have confidence that the plan will work as designed. Of course, there is no way to be
absolutely certain that the system will work as designed until after it is constructed and opera-
tional. Since excavating the depressions increases the cost of implementing the design, we are not
adverse to modifying it if both the Corps and NCDEHNR so desire. Please advise us as soon as
possible if you wish to make a change in the plans.
Sincerely yours,
Robert J. P ce, Ph.D.
President
cc:
J. Dorney
R. Gorham
M. Stocks
Wetland Science Applications, Inc.
LJ S A P.O. Box 1022
INC Poolesville, Maryland 20837-0099
[phone]
Addendum No. 4
Wetlands Mitigation Plan for
Village Green Project
Rocky Mount, NC
May 8, 1997
Re: Action ID 199300379 and Nationwide Permit No. 26
The following are incorporated into the Wetland Mitigation Plan for Village Green Pro-
ject, Rocky Mount, NC, dated March 11, 1997, as clarified by Addendum No. 1, 2 and 3.
1. The Pig Basket Creek mitigation site will remain in the ownership of the permittee at least
through completion of the required monitoring program. On March 28, 1997, a permanent
Conservation Easement Deed has been placed on the entire property naming the Wetlands
Restoration Fund within the North Carolina Department of Environment, Health and Natural
Resources (NCDEHNR) as the Grantee of the Easement Deed. After both the Corps of
Engineers (CE) and the NCDEHNR have made a final determination that active monitoring can
be terminated, the property may be transferred fee simple to a suitable conservation organization,
if one can be identified. Any such transfer will be made only after coordination and concurrence
by the CE and the NCDEHNR. The Conservation Easement Deed will be held in perpetuity by
NCDEHNR.
2. A copy of the Conservation Easement is appended and is made part of this Addendum by
reference.

THIS INSTRUMENT PREPARED BY THOMAS D. EATMAN, JR., ATTORNEY AT LAW,
POYNER & SPRUILL, P. O. DRAWER 353, ROCKY -MOUNT, NORTH CAROLINA
27802-0353
NORTH CAROLINA
NASH COUNTY
NO TITLE EXAMINATION
PERFORMED BY PREPARER
THIS CONSERVATION EASEMENT DEED, made this ?Sr day of March,
1997, by and between ROBERT D. GORHAM, JR., A FREE TRADER,
INDIVIDUALLY (See Antenuptial Agreement between Robert D. Gorham,
Jr., and Meredith J. Roeder recorded in Book 1243, Page 536, Nash
County Registry) and ROBERT D. GORHAM, JR., TRUSTEE OF THE ROBERT
D. GORHAM, JR. TRUST DATED JANUARY 17, 1968, whose mailing address
is 2442 Sunset Avenue, P. O. Box 912, Rocky Mount, NC 27802,
Grantor, and the WETLANDS RESTORATION FUND, A NONRj3V TING.FUND
WITHIN THE DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
OF THE STATE OF NORTH CAROLINA, whose mailing address is Division
of Water Quality, 512 Salisbury Street, P. 0. Box 27687, Raleigh,
NC 27622-7687, Grantee. The designations 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.
W I T N S S 8$ T HS
WHEREAS, pursuant to the provisions of NCGS 143-214.8 et seq.,
the State of North Carolina has established the Wetlands
Restoration Program (as defined in NCGS 143-214.8) within the
Department of Environment, Health, and Natural Resources for the
purposes of acquiring, maintaining, restoring, enhancing, and
creating wetland and riparian resources that contribute to the
protection and improvement of water quality, flood
fisheries, wildlife habitat, and recreational o prevention,
pportunities; and
WHEREAS, pursuant to the provisions of NCGS § 143-214.8, two
of the components of the Wetlands Restoration Program are (1)
restoration and perpetual maintenance of wetlands and (2) land
ownership and management; and
WHEREAS, Grantor owns in fee simple certain real property
situate, lying, and being in the City of Rocky Mount, Nash County,
North Carolina (the "Protected Property"), which is more
particularly described as follows:
BEING all of Tract B containing 41.50 acres
(including the right of way of SR 1601), all as shown on
map entitled "Property of Fall Line Investment
Properties" prepared by R. Lowell Harris, RLS, dated June
23, 1994, recorded in Map Book 22, Page 271, Nash County
Registry, which map is by this reference incorporated as
if fully set out herein.
conservati ?easeGrantor and Grantee have agreed to create
a
Property for the ("Conservation Easement") on the Protected
the wetlands loca ed oses
ereonfandeating, improving, and
of the Protected Property for anpreventin preserving
would conflict with the maintenance of g the use or development
any purpose or in any manner which
its natural condition. the Protected Property in
NOW, THEREFORE, in consideration of the mutual covenants,
terms, conditions, and restrictions hereinafter set forth, Grantor
unconditionally and Grantee, its succ ssorsrandcassigns hereby
fgrants
orever an and conveys unto
Conservation Easement of the nature and character and to the extent
hereinafter set forth, over the Protect, d in perpetuity, a
of the people of North Carolina, togetherpert
withf the hr benefit
preserve and protect the conservation values of the Protected
Property.
The purposes of this Conservation Easement are to preserve
protect the conservation values of the Protected Propert an and
maintain permanently the Protected Property, Y and to
and other land and water resources, to protect a including the wetlands
animals, or plant communities on the Protected Pro ert a plants,
prevent any use of the Protected Property that will significant)
impair or interfere with the conservation values or interests and to
the Protected Property, nterests of
To achieve these purposes, the following conditions and
restrictions are set forth:
I• DURATION OF EASEMENT
This Conservation Easement shall be
easement in gross, runs with the land perpetual
, It is an and is
Grantee against Grantor, his personal ?representatives enforceable by
successors, and assigns, lessees, agents, and licensees. heirs,
II. OBLIGATIONS TO COMPLETE PLAN
Grantor shall complete the Wetland Mitigation Plan for Village
Green Project Rocky Mount North Carolina dated March 11
prepared by Wetland Science Applications, as amended b A dated March 18, 1996 ' 1997,
"Plan" (sic) and Addendum 2 dated March 25,1997d t e
on or before January 1, 1998.
III. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on or
inconsistent with the use of, the Protected Property
prohibited. Purposes of this Conservation Easement is
The Protected natural and open condition and restricted be
from any maintained development in its
would impair or interfere with the conservation values of the
Protected Property as set out in the Recitals that
-In addition to the foregoing, the following specific
activities are prohibited, restricted, or reserved, as the case may
be:
A. Industrial Use. Industrial activities are prohibited on
the Protected Property.
B. Residential Use. Residential use of the Protected
Property is prohibited.
C. Commercial Use. Commercial activities are prohibited on
the Protected Property.
D. Agricultural Use. Agricultural Use of the Protected
Property is prohibited.
E, New Construction. There shall be no building, facility,
mobile home, or other structure constructed or placed on
the Protected Property.
F. Signs. No signs shall be permitted on the Protected
Property except interpretative signs identifying the
conservation values of the Protected Property, signs
identifying the owner of the Protected Property, and the
holder of the Conservation Easement, and signs giving
directions or proscribing rules and regulations for the
use of the Protected Property.
G. Dumping. Dumping of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances or machinery, or other
material on the Protected Property is prohibited.
H. 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.; and no change in the
topography of the land in any manner except as reasonable
necessary for the purpose of combating erosion to
maintain the wetland values.
I. Water Quality and Drainage Patterns. Diking, draining,
filling, or removal of wetlands, pollution, or discharge
into waters, spring, seeps, or wetlands, use of
pesticides or biocides, and disruption of natural
drainage patterns is prohibited.
J. Subdivision. Subdivision, partitioning, or dividing the
Protected Property is prohibited.
K. Vegetative Cutting. Cutting, removal, mowing, harming or
destruction of any vegetation on the Protected Property
is prohibited.
IV. ENFORCEMENT AND REMEDIES
A. Upon any breach of the terms of this Conservation
Easement by Grantor, which continues thirty (30) days after written
notice provided by Grantee to Grantor, Grantee may enforce the
conservation restrictions and prohibitions by, at Grantee's option,
completing the Plan or by appropriate legal proceedings, including
but not limited to the exercise of the right to require that the
Protected Property be restored promptly to the condition required
by this Conservation Easement.
B. No failure on the part of Grantee to enforce any covenant
or provision hereof shall discharge or invalidate such covenant or
any other covenant, condition, or provision hereof or affect the
right to Grantee to enforce the same in the event of a subsequent
breach of default.
C. Nothing contained in this Conservation Easement shall be
construed to entitled Grantee to bring any action against Grantor
for any injury or change in the Protected Property resulting from
causes beyond Grantor's control, including, without limitation,
fire, flood, storm, earth movement, third parties, or from any
prudent action taken in good faith by Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to
life, damage to property, or harm to the Protected Property
resulting from such causes.
V. MISCELLANEOUS
A. This Conservation Easement shall be construed to promote
the purposes of NCGS g 122-34 et sea., and Conservation and
Historic Preservation Agreements Act, and NCGS § 143-214.8 et seq.,
the Wetlands Restoration Program.
B. 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.
C. 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.
D. Grantor shall notify Grantee in writing of the name and
address of any party to whom the Protected 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
Protected Property is conveyed subject to the Conservation Easement
herein created.
VI. QUIET ENJOYMENT
Grantor reserves all rights accruing from ownership of the
Protected Property, including the right to engage in or permit or
invite others to engage in all uses of the Protected Property that
are not expressly prohibited or restricted herein and are not
inconsistent with the purposes of this Conservation Easement.
Without limiting the generality of the foregoing, Grantor expressly
reserves to Grantor, and Grantor's invitees and licensees, the
right of access to the Protected Property, and the right of quiet
enjoyment of the Protected Property.
TO HAVE AND TO HOLD the said rights and easements perpetually
unto Grantee for the aforesaid purposes.
And Grantor covenants with Grantee, that Grantor is seized of
the above described easements, rights, and privileges; that Grantee
shall have quiet and peaceable possession, use and enjoyment of the
above-described easement, rights and privileges, and that Grantor
shall execute such further assurances thereof as may be required.
IN WITNESS WHEREOF, Grantor has hereunto set his hand and
seal, having adopted the typewritten word "(SEAL)II to the right of
his signature as his personal seal, as of the day and year first
above written.
(SEAL)
Robert D. Gorham, Jr. , Tru tee of the
Robert D. Gorham, Jr., Trust dated
J uar?y 17, 1968
Robert D. Gorham, Jr., A Fre Trader

STATE. OF ajc-lk?Q 01
COUNTY OF
1C}?
I, , Notary Public, do hereby
certify that Robert D. Gorham, Jr., Trustee of the Robert D.
Gorham, Jr., Trust dated January 17, 1968, personally appeared
before me this day and acknowledged the due execution of the
foregoing instrument.
Witness my hand and notarial seal, this the a%t?'day of March,
1997.
Notary Public
My commission expires: ! • a `? • a?00
NELL MARSHBURN
STATE OF Notary Public
Nash County, N. C
COUNTY OF
I, Notary Public, do hereby
certify that Robert D. Gorham, Jr., a Free Trader, personally
appeared before me this day and acknowledged the due.execution of
the foregoing instrument.
Witness my hand and notarial seal, this the 'b?iay of March,
1997.
Notary Public
My commission expires: ( a? •o'Ze)??
HELL MARSHBURN
Notary Public
Nash County, N. C.
016175\002\160997.06

THIS INSTRUMENT PREPARED BY THOMAS D. EATMAN, JR., ATTORNEY AT LAW,
POYNER & SPRUILL, P. O. DRAWER 353, ROCKY MOUNT, NORTH CAROLINA
27802-0353
NORTH CAROLINA
NO TITLE EXAMINATION
PERFORMED BY PREPARER
NASH COUNTY
THIS CONSERVATION EASEMENT DEED, made this ,5c* day of March,
1997, by and between ROBERT D. GORHAM, JR., A FREE TRADER,
INDIVIDUALLY (See Antenuptial Agreement between Robert D. Gorham,
Jr., and Meredith J. Roeder recorded in Book 1243, Page 536, Nash
County Registry) and ROBERT D. GORHAM, JR., TRUSTEE OF THE ROBERT
D. GORHAM, JR. TRUST DATED JANUARY 17, 1968, whose mailing address
is 2442 Sunset Avenue, P. O. Box 912, Rocky Mount, NC 27802,
Grantor, and the WETLANDS RESTORATION FUND, A NONREVERTING FUND
WITHIN THE DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
OF THE STATE OF NORTH CAROLINA, whose mailing address is Division
of Water Quality, 512 Salisbury Street, P. O. Box 27687, Raleigh,
NC 27622-7687, Grantee. The designations 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.
W I T N E S S E T H:
WHEREAS, pursuant to the provisions of NCGS 143-214.8 et sect..,
the State of North Carolina has established the Wetlands
Restoration Program (as defined in NCGS 143-214.8) within the
Department of Environment, Health, and Natural Resources for the
purposes of acquiring, maintaining, restoring, enhancing, and
creating wetland and riparian resources that contribute to the
protection and improvement of water quality, flood prevention,
fisheries, wildlife habitat, and recreational opportunities; and
. WHEREAS, pursuant to the provisions of NCGS §-143-214.8, two
of the components of the Wetlands Restoration Program are (1)
restoration and perpetual maintenance of wetlands and (2) land
ownership and management; and
WHEREAS, Grantor owns in fee simple certain real property
situate, lying, and being in the City of Rocky Mount, Nash County,
North Carolina (the "Protected Property"), which is more
particularly described as follows:
BEING all of Trac
(including the right of w?
map entitled "Property
Propei*ties" prepared by R.
23, 1994, recorded in Map
Registry, which map is by
if fully set out herein.
t B containing 41.50 acres
Ly of SR 1601), all as shown on
of Fall Line Investment
Lowell Harris, RLS, dated June
Book 22, Page 271, Nash County
this reference incorporated as
Ilk
WHEREAS, Grantor and Grantee have agreed to create a
conservation easement ("Conservation Easement") on the Protected
Property for the purposes of creating, improving, and preserving
the wetlands located thereon and preventing the use or development
of the Protected Property for any purpose or in any manner which
would conflict with the maintenance of the Protected Property in
its natural condition.
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 the Protected Property for the benefit
of the people of North Carolina, together with the right to
preserve and protect the conservation values of the Protected
Property.
The purposes of this Conservation Easement are to preserve and
protect the conservation values of the Protected Property and to
maintain permanently the Protected Property, including the wetlands
and other land and water resources, to protect any rare plants,
animals, or plant communities on the Protected Property, and to
prevent any use of the Protected Property that will significantly
impair or interfere with the conservation values or interests of
the Protected Property.
To achieve these purposes, the following conditions and
restrictions are set forth:
I. 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, his personal representatives, heirs,
successors, and assigns, lessees, agents, and licensees.
II. OBLIGATIONS TO COMPLETE PLAN
Grantor shall complete the Wetland Mitigation Plan for Village
Green Project Rocky Mount North Carolina dated March 11, 1997,
prepared by Wetland Science Applications, as amended by Addendum 1
dated March 18, 1996 (sic) and Addendum 2 dated March 25, 1997 (the
"Plan") on or before January 1, 1998.
III. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Protected Property
inconsistent with the purposes of this Conservation Easement is
prohibited. The Protected Property shall be maintained in its
natural and open condition and restricted from any development that
would impair or interfere with the conservation values of the
Protected Property as set out in the Recitals.

In addition to the foregoing, the following specific
activities are prohibited, restricted, or reserved, as the case may
be:
A. Industrial Use. Industrial activities are prohibited on
the Protected Property.
B. Residential Use. Residential use of the Protected
Property is prohibited.
C. Commercial Use. Commercial activities are prohibited on
the Protected Property.
D. Agricultural Use. Agricultural Use of the Protected
Property is prohibited.
E. New Construction. There shall be no building, facility,
mobile home, or other structure constructed or placed on
the Protected Property.
F. Signs. No signs shall be permitted on the Protected
Property except interpretative signs identifying the
conservation values of the Protected Property, signs
identifying the owner of the Protected Property, and the
holder of the Conservation Easement, and signs giving
directions or proscribing rules and regulations for the
use of the Protected Property.
G. Dumping. Dumping of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances or machinery, or other
material on the Protected Property is prohibited.
H. 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; and no change in the
topography of the land in any manner except as reasonable
necessary for the purpose of combating erosion to
maintain the wetland values.
I. Water Quality and Drainage Patterns. Diking, draining,
filling, or removal of wetlands, pollution, or discharge
into waters, spring, seeps, or wetlands, use of
pesticides or biocides, and disruption of natural
drainage patterns is prohibited.
J. Subdivision. Subdivision, partitioning, or dividing the
Protected Property is prohibited.
K. Vegetative Cutting. Cutting, removal, mowing, harming or
destruction of any vegetation on the Protected Property
is prohibited.

IV. ENFORCEMENT AND REMEDIES
A. Upon any breach of the terms of this Conservation
Easement by Grantor, which continues thirty (30) days after written
notice provided by Grantee to Grantor, Grantee may enforce the
conservation restrictions and prohibitions by, at Grantee's option,
completing the Plan or by appropriate legal proceedings, including
but not limited to the exercise of the right to require that the
Protected Property be restored promptly to the condition required
by this Conservation Easement.
B. No f a i lure on the part of Grantee to enforce any covenant
or provision hereof shall discharge or invalidate such covenant or
any other covenant, condition, or provision hereof or affect the
right to Grantee to enforce the same in the event of a subsequent
breach of default.
C. Nothing contained in this Conservation Easement shall be
construed to entitled Grantee to bring any action against Grantor
for any injury or change in the Protected Property resulting from
causes beyond Grantor's control, including, without limitation,
fire, flood, storm, earth movement, third parties, or from any
prudent action taken in good faith by Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to
life, damage to property, or harm to the Protected Property
resulting from such causes.
V. MISCELLANEOUS
A. This Conservation Easement shall be construed to promote
the purposes of NCGS § 121-34 et se ., and Conservation and
Historic Preservation Agreements Act, and NCGS § 143-214.8 et sea.,
the Wetlands Restoration Program.
B. 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.
C. 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.
D. Grantor shall notify Grantee in writing of the name and
address of any party to whom the Protected 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
Protected Property is conveyed subject to the Conservation Easement
herein created.
VI. QUIET ENJOYMENT
Grantor reserves all rights accruing from ownership of the
Protected Property, including the right to engage in or permit or
invite others to engage in all uses of the Protected Property that
are not expressly prohibited or restricted herein and are not
inconsistent with the purposes of this Conservation Easement.
Without limiting the generality of the foregoing, Grantor expressly
reserves to Grantor, and Grantor's invitees and licensees, the
right of access to the Protected Property, and the right of quiet
enjoyment of the Protected Property.
TO HAVE AND TO HOLD the said rights and easements perpetually
unto Grantee for the aforesaid purposes.
And Grantor covenants with Grantee, that Grantor is seized of
the above described easements, rights, and privileges; that Grantee
shall have quiet and peaceable possession, use and enjoyment of the
above-described easement, rights and privileges, and that Grantor
shall execute such further assurances thereof as may be required.
IN WITNESS WHEREOF, Grantor has hereunto set his hand and
seal, having adopted the typewritten word "(SEAL)" to the right of
his signature as his personal seal, as of the day and year first
above written.
(SEAL)
Robert D. Gorham, Jr., Trustee of the
Robert D. Gorham, Jr., Trust dated
January 17, /1968
v SEAL)
Robert D. Gorham, Jr., A Fred Trader
STATE OF
?h?
COUNTY OF
I, , Notary Public, do hereby
certify that Robert D. Gorham, Jr., Trustee of the Robert D.
Gorham, Jr., Trust dated January 17, 1968, personally appeared
before me this day and acknowledged the due execution of the
foregoing instrument.
Witness my hand and notarial seal, this the a?t?'day of March,
1997.
Notary Public
My commission expires:
- a©Qa NELL MARSHEURN
STATE OF Notary Public
Nash County, N. C.
COUNTY OF
I, Notary Public, do hereby
certify that Robert D. Gorham, Jr., a Free Trader, personally
appeared before me this day and acknowledged the due execution of
the foregoing instrument.
Witness my hand and notarial seal, this the,-IFi)*Uay of March,
1997.
Notary Public
My commission expires: 1 a?} •c-QEC
t`IE LL IvIARSH13URN
Notary Public
3 Nash County, N. C.
016175\002\160997.06
Thomas D. Eatman, Jr.
Partner
Direct Dial: 919/972-7111
(5&n=,L.P.
A T T O R N E Y S AT L A W
April 3, 1997
FEDERAL EXPRESS
Mr. John R. Dorney
Department of Environment,
Health and Natural Resources
Division of Water Quality
512 N. Salisbury Street
Raleigh, NC 27604
Re: U.S. 301 Property (Lowe's Site)
Dear John:
Pursuant to our telephone discussions,
please find the following:
1. The original Letter of Credit
Bank in favor of the Wetland
the amount of $300,000;
130 South Franklin Street
Rocky Mount, North Carolina 27804
Mailing Address:
Post Office Box 353
Rocky Mount, North Carolina 27802
919/4462341
Fax: [phone]
Offices:
Raleigh/Rocky Mount/Charlotte
?r
enclosed herewith
issued by Wachovia
Restoration Fund in
2. The Conservation Easement Deed covering the offsite
mitigation property;
3. A copy of the Conservation Easement Deed with
respect to the offsite mitigation property naming
the State of North Carolina as the Grantee;
4. The original letter addressed to John Dorney
requesting that DEHNR accept the Letter of Credit
in order to secure performance of the offsite
mitigation plan; and
5. A faxed copy of a letter from Barney Dunstan,
attorney for the purchaser/ developer agreeing to
obtain the consent of the necessary parties if
changes are required with respect to the Lowe's
site conservation easement.
As we have discussed, the Conservation Easement for the Lowe's
site was changed to reflect the State of North Carolina as Grantee
and will be duly recorded in the Nash County Registry. I will
forward to you the recorded Easement upon receipt. With respect to
the mitigation site, it is my understanding that you will hold the
Rmt\016175-002\161743
1 OYNE \V&H.1JLL,L.L.E
Mr. John R. Dorney
April 3, 1997
Page 2
enclosed original until it is. determined if any changes will be
necessary. It is also my understanding that approval by the
Council of State may be required. We have agreed that we will make
any reasonable changes requested to the form of the Conservation
Easement provided such changes do not result in an increase risk or
liability to our client. once the final form of the Conservation
Easement with respect to the mitigation property is determined, I
will record the Conservation Easement and provide a letter to you
updating title from the date of the recordation of the Deed in
favor of our client, Bob Gorham, through the time of the recording
of the Conservation Easement.
As indicated in item 5 above, the developer has confirmed that
the developer, Lowe's, and Wachovia Bank, as lender, will also
consent to any necessary changes to the Conservation Easement on
the Lowe's property if subsequent changes are required.
With these items, we understand that we have satisfied all of
the escrow conditions contained in the Approval of 401 Water
Quality Certification dated March 26, 1997, such that we can
proceed to fill the wetlands in accordance with the approved Plan.
It is my understanding also that you will prepare a "clean" 401
certification removing the escrow language next week.
Thank you for the cooperation and timely attention which we
have received. If you have any questions regarding these matters,
please do not hesitate to give me a call.
Sincerely yoxfrs,
TDEjr/nmm
Enclosures
D. (Del) Eatman, Jr.
cc: Jill B. Hickey, Esq. (with enclosures) (FEDERAL EXPRESS)
Bill Batchelor (with enclosures)
Bernard S. Dunstan, Jr., Esq. (with enclosures)
Rmt\016175-002\161743
?ACHOVIA
APRIL 2, 1997
BENEFICIARY:
WETLAND RESTORATION FUND
512 N. SALISBURY STREET
RALEIGH, NC 27604
ATTN: DIRECTOR
PAGE: 1
OUR IRREVOCABLE STANDBY LETTER OF CREDIT:
LC968-084056
APPLICANT:
ROBERT D. GORHAM, JR., INDIVIDUALLY
& AS TRUSTEE OF THE ROBERT D.
GORHAM, JR. TRUST
ROCKY MOUNT, NC 27802
AMOUNT: EXACTLY USD 300,000.00
EXACTLY THREE HUNDRED THOUSAND AND
001100'S U.S. DOLLARS
` DATE OF EXPIRY: FEBRUARY 1, 1998
PLACE OF EXPIRY: AT OUR COUNTERS
WE HEREBY ISSUE OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO:LC968-084056 IN
YOUR FAVOR FOR THE ACCOUNT OF ROBERT D. GORHAM, JR., INDIVIDUALLY UP TO THE
AGGREGATE AMOUNT OF EXACTLY USD 300,000.00
THIS LETTER OF CREDIT IS AVAILABLE FOR PAYMENT BY PRESENTATION OF YOUR DRAFTS.
AT SIGHT DRAWN ON US BEARING THE CLAUSE: "DRAWN UNDER WACHOVIA BANK OF NORTH
CAROLINA, NA, LETTER OF CREDIT NO:LC968-084056", ACCOMPANIED BY THE FOLLOWING:
l - BENEFICIARY STATEMENT PURPORTEDLY SIGNED BY A DULY AUTHORIZED OFFICIAL OF
THE WETLAND RESTORATION FUND, STATING: A_"ROBERT D. GORHAM, JR., INDIVIDUALLY
AND AS TRUSTEE OF THE ROBERT D. GORHAM, JR. TRUST DATED JANUARY 17, 1968 HAS
FAILED TO COMPLETE OFFSITE"MITIGATION AS REQUIRED BY THE WETLAND MITIGATION PLAN
FOR VILLAGE GREEN PROJECT ROCKY MOUNT NORTH CAROLINA DATED MARCH 11, 1997,
ADDENDUM-1 DATED MARCH 18,1996 (SIC) AND ADDENDUM 2 DATED MARCH 25, 1997
PREPARED BY WETLAND SCIENCE' APPLICATIONS (THE "PLAN") ON OR BEFORE THE SCHEDULED
JANUARY 1, 1998 COMPLETION DATE, AND THEREFORE, DEMAND FOR PAYMENT OFTHE FACE`
AMOUNT OF THIS LETTER OF CREDIT IS HEREBY MADE". OR B. "ROBERT D., GORHAM, JR.,
INDIVIDUALLY AND AS TRUSTEE OF THE ROBERT D. GORHAM, JR. TRUST DATED JANUARY 17,
1968 HAS FAILED TO COMPLY WITH THE ANNUAL MONITORING AND MAINTENANCE
REQUIREMENTS UNDER THE PLAN, AND THEREFORE, DEMAND FOR PAYMENT UNDER THIS LETTE
OF CREDIT IS HEREBY MADE IN THE AMOUNT OF USD25,000 00".
2 - THE ORIGINAL LETTER OF CREDIT.
SPECIAL CONDITIONS:
THIS LETTER OF CREDIT IS AVAILABLE FOR DRAWING WITH DOCUMENTARY REQUIREMENT "A"
FOR THE FULL AMOUNT OF THIS LETTER OF CREDIT THROUGH FEBRUARY 1, 1998, OR
AVAILABLE FOR DRAWING WITH DOCUMENTARY REQUIREMENT "B" FOR USD25,000.00 AFTER
FEBRUARY 1, 1998
IT IS A CONDITION THAT THIS LETTER OF CREDIT SHALL BE AUTOMATICALLY EXTENDED
WITHOUT AMENDMENT FOR ADDITIONAL PERIODS OF ONE YEAR FROM THE PRESENT OR EACH
FUTURE EXPIRATIONDATE THEREOF, UNLESS WE NOTIFY YOU BY REGISTERED/COURIER
?,. _ ?TACHOVIA
THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER LC968-084056 PAGE: 2
MAIL AT LEAST SIXTY DAYS PRIOR TO SUCH DATE THAT WE ELECT NOT TO CONSIDER THIS
LETTER OF CREDIT RENEWED FOR ANY SUCH ADDITIONAL PERIOD WHEREUPON THE FULL
REMAINING AMOUNT OF THE LETTER CREDIT MAY BE DRAWN DOWN BY THE BENEFICIARY
UPON PRESENTATION OF A SIGHT DRAFT AND THE ORIGINAL LETTER _OF CREDIT. SUCH
NOTICE SHALL BE SENT TO: DIRECTOR, WETLAND RESTORATION FUND, 512 N. SALISBURY
STREET, RALEIGH, NC 27604.
NOTWITHSTANDING THE AFOREMENTIONED AND UNLESS NOT PREVIOUSLY ALLOWED TO EXPIRE,
THIS LETTER OF CREDIT SHALL EXPIRE PERMANENTLY WITHOUT RENEWAL ON
JANAURY 15, 2003.
ALL DRAFTS MUST INDICATE THE NUMBER AND DATE OF THIS CREDIT.
WE HEREBY ENGAGE WITH YOU THAT DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE
TERMS OF THIS CREDIT WILL BE DULY HONORED UPON PRESENTATION OF DOCUMENTS TO US
ON OR BEFORE THE EXPIRATION DATE OF THIS LETTER OF CREDIT.
EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED, THIS DOCUMENTARY CREDIT IS SUBJECT
TO UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, 1993 REVISION,
INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500.
WACHOVIA BANK OF NORTH' CAROLINA, NA
INTERNATIONAL DIVISION
BY:-
AUTHORIZ SIGNATURE
PLEASE DIRECT ANY CORRESPONDENCE INCLUDING DRAWING OR
INQUIRY QUOTING OUR REFERENCE NUMBER TO WACHOVIA BANK, 301 N. MAIN STREET,
WINSTON-SALEM, N.C. 27150, ATTN STANDBY LETTER OF CREDIT UNIT.
THIS DOCUMENT CONSISTS OF 2 PAGE(S).
V
THIS INSTRUMENT PREPARED BY THOMAS D. EATMAN, JR., ATTORNEY AT LAW,
POYNER & SPRUILL, P. O. DRAWER 353, ROCKY MOUNT, NORTH CAROLINA
27802-0353
NASH COUNTY
NORTH CAROLINA
NO TITLE EXAMINATION
PERFORMED BY PREPARER
THIS CONSERVATION EASEMENT DEED, made this 28th day of March,
1997, by and between ROBERT D. GORHAM, JR., A FREE TRADER,
INDIVIDUALLY (See Antenuptial Agreement between Robert D. Gorham,
Jr., and Meredith J. Roeder recorded in Book 1243, Page 536, Nash
County Registry) and ROBERT D. GORHAM, JR., TRUSTEE OF THE ROBERT
D. GORHAM, JR. TRUST DATED JANUARY 17, 1968, whose mailing address
is 2442 Sunset Avenue, P. O. Box 912, Rocky Mount, NC 27802,
Grantor, and the STATE OF NORTH CAROLINA, whose mailing address is
, Raleigh, NC
276 , Grantee. The designations 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.
W I T N E g g E T H:
WHEREAS, pursuant to the provisions of NCGS 143-214.8 et sea.,
the State of North Carolina has established the Wetlands
Restoration Program (as defined in NCGS 143-214.8) within the
Department of Environment, Health, and Natural Resources for the
purposes of acquiring, maintaining, restoring, enhancing, and
creating wetland and riparian resources that contribute to the
protection and improvement of water quality, flood prevention,
fisheries, wildlife habitat, and recreational opportunities; and
WHEREAS, pursuant to the provisions of NCGS § 143-214.8, two
of the components of the Wetlands Restoration Program are (1)
restoration and perpetual maintenance of wetlands and (2) land
ownership and management; and
WHEREAS, Grantor owns in fee simple certain real property
situate, lying, and being in the City of Rocky Mount, Nash County,
North Carolina (the "Protected Property"), which is more
particularly described as follows:
BEING all that tract or parcel of land identified as
"Conservation Easement" on "Map of Property of H/S ROCLO,
LLC (LOWES), Owner: Robert D. Gorham, Jr." dated March
18, 1997, prepared by Joyner - Keeny & Associates,
recorded in Map Book , Page Nash County
Registry.
WHEREAS, Grantor and Grantee have agreed to create a
conservation easement ("Conservation Easement") on the Protected
Property for the purposes of creating, improving, and preserving
the wetlands located thereon and preventing the use or development
of the Protected Property for any purpose or in any manner which
would conflict with the maintenance of the Protected Property in
its natural condition.
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 the Protected Property for the benefit
of the people of North Carolina, together with the right to
preserve and protect the conservation values of the Protected
Property.
The purposes of this Conservation Easement are to preserve and
protect the conservation values of the Protected Property and to
maintain permanently the Protected Property, including the wetlands
and other land and water resources, to protect any rare plants,
animals, or plant communities on the Protected Property, and to
prevent any use of the Protected Property that will significantly
impair or interfere with the conservation values or interests of
the Protected Property.
To achieve these purposes, the following conditions and
restrictions are set forth:
I. 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, his personal representatives, heirs,
successors, and assigns, lessees, agents, and licensees.
II. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Protected Property
inconsistent with the purposes of this Conservation Easement is
prohibited. The Protected Property shall be maintained in its
natural and open condition and restricted from any development that
would impair or interfere with the conservation values of the
Protected Property as set out in the Recitals.
In addition to the foregoing, the following specific
activities are prohibited, restricted, or reserved, as the case may
be:
A. Industrial Use. Industrial activities are prohibited on
the Protected Property.
B. Residential Use. Residential use of the Protected
Property is prohibited.
C. Commercial Use. Commercial activities are prohibited on
the Protected Property.
D. Agricultural Use. Agricultural Use of the Protected
Property is prohibited.
E. New Construction. There shall be no building, facility,
mobile home, or other structure constructed or placed on
the Protected Property.
F. signs. No signs shall be permitted on the Protected
Property except interpretative signs identifying the
conservation values of the Protected Property, signs
identifying the owner of the Protected Property, and the
holder of the Conservation Easement, and signs giving
directions or proscribing rules and regulations for the
use of the Protected Property.
G. Dumping. Dumping of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances or machinery, or other
material on the Protected Property is prohibited.
H. 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; and no change in the
topography of the land in any manner except as reasonable
necessary for the purpose of combating erosion to
maintain the wetland values.
I. Water Quality and Drainage Patterns. Diking, draining,
filling, or removal of wetlands, pollution, or discharge
into waters, spring, seeps, or wetlands, use of
pesticides or biocides, and disruption of natural
drainage patterns is prohibited.
J. subdivision. Subdivision, partitioning, or dividing the
Protected Property is prohibited.
K. Access to Protected Property. For the purpose of
inspecting and maintaining the Protected Property,
Grantee shall have the right of ingress to and egress
from the Protected Property over such private roads as
may now or hereafter exist on the property of Grantor.
Any damages resulting to such private roads from such use
shall be repaired by Grantee at its expense. The right,
however, is reserved to Grantor to shift, relocate, close
or abandon such private roads at any time. If there are
no public or private roads reasonably convenient to the
Protected Property, Grantee shall have such right of
ingress and egress over the property of Grantor adjacent
to the easement and lying between public or private roads
and the easement in such manner as shall occasion the
least practicable damages and inconvenience to Grantor.
Y
Grantee shall be liable for any damages resulting from
its exercise of the right of ingress and egress.
L. Vegetative Cutting. Cutting, removal, mowing, harming or
destruction of any vegetation on the Protected Property
is prohibited.
III. ENFORCEMENT AND REMEDIES
A. Upon any breach of the terms of this Conservation
Easement by Grantor, which continues thirty (30) days after written
notice provided by Grantee to Grantor, Grantee may enforce the
conservation restrictions and prohibitions by appropriate legal
proceedings, including but not limited to the exercise of the right
to require that the Protected Property be restored promptly to the
condition required by this Conservation Easement.
B. No failure on the part of Grantee to enforce any covenant
or provision hereof shall discharge or invalidate such covenant or
any other covenant, condition, or provision hereof or affect the
right to Grantee to enforce the same in the event of a subsequent
breach of default.
C. Nothing contained in this Conservation Easement shall be
construed to entitled Grantee to bring any action against Grantor
for any injury or change in the Protected Property resulting from
causes beyond Grantor's control, including, without limitation,
fire, flood, storm, earth movement, third parties, or from any
prudent action taken in good faith by Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to
life, damage to property, or harm to the Protected Property
resulting from such causes.
IV. MISCELLANEOUS
A. This Conservation Easement shall be construed to promote
the purposes of NCGS S 121-34 et sec., and Conservation and
Historic Preservation Agreements Act, and NCGS § 143-214.8 et sect.,
the Wetlands Restoration Program.
B. 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.
C. 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.
r
D. Grantor shall notify Grantee in writing of the name and
address of any party to whom the Protected 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
Protected Property is conveyed subject to the Conservation Easement
herein created.
V. QUIET ENJOYMENT
Grantor reserves all rights accruing from ownership of the
Protected Property, including the right to engage in or permit or
invite others to engage in all uses of the Protected Property that
are not expressly prohibited or restricted herein and are not
inconsistent with the purposes of this Conservation Easement.
Without limiting the generality of the foregoing, Grantor expressly
reserves to Grantor, and Grantor's invitees and licensees, the
right of access to the Protected Property, and the right of quiet
enjoyment of the Protected Property.
TO HAVE AND TO HOLD the said rights and easements perpetually
unto Grantee for the aforesaid purposes.
And Grantor covenants with Grantee, that Grantor is seized of
the above described easements, rights, and privileges; that Grantee
shall have quiet and peaceable possession, use and enjoyment of the
above-described easement, rights and privileges, and that Grantor
shall execute such further assurances thereof as may be required.
IN WITNESS WHEREOF, Grantor has hereunto set his hand and
seal, having adopted the typewritten word "(SEAL)" to the right of
his signature as his personal seal, as of the day and year first
above written.
SEAL)
Robert D.---Gorham, Jr. , Tru tee of the
Robert D. Gorham, Jr., Trust dated
January 17, 1968
/(SEAL)
Robert D. Gorham, Jr., A F"ee Trader

STATE OF 0- C'5" ?' -
COUNTY OF A?
I, `?L.kk-? ` t `?`c? k??L•??r1 , Notary Public, do hereby
certify that Robert D. Gorham, Jr., Trustee of the Robert D.
Gorham, Jr., Trust dated January 17, 1968, personally appeared
before me this day and acknowledged the due execution of the
foregoing instrument.
Witness my hand and notarial seal, this the agt?day of March,
1997.
Notary Public
My commission expires: 1 • ?? C7??
NELL MARSHB URN
i
STATE OF Notary Public y
Nash County, N. C.
COUNTY OF
Notary Public, do hereby
certify that Robert D. Gorham, Jr., a Free Trader, personally
appeared before me this day and acknowledged the due execution of
the foregoing instrument.
Witness my hand and notarial seal, this the aQt4day of March,
1997.
Notary Public
My commission expires: I • a-+ •
NELL MARSHBURIN
Notary Public
Nash County, ;d. C.
016175\002\160997.030

March 26, 1997
Mr. John R. Dorney
Department of Environment,
Health and Natural Resources
Division of Water Quality
Post Office Box 29535
Raleigh, NC 27626-0535
Re: Village Green Rocky Mount, Nash County, NC
DWO (DEM) # 951103
Dear Mr. Dorney:
The purpose of this correspondence is to formally request that
the Department of Environment, Health and Natural Resources
("DEHNR") consider the acceptance of a letter of credit in order to
guarantee the prompt performance of the mitigation plan for the
above-referenced site. The undersigned acknowledges that DEHNR has
not imposed the requirements of a letter of credit, but rather, the
undersigned is requesting that DEHNR accept a letter of credit as
a means of guaranteeing that the offsite mitigation will be
completed according to the mitigation and addendum prepared by
Mr. Bob Pierce.
The letter of credit would include the following provisions:
a. The letter of credit will be for $300,000 (to cover
costs associated with mitigation) and donation of a
conservation easement covering the mitigation site (in order
to enable the Division to perform the mitigation on the site
should we fail to do so).
b. The Beneficiary of the letter of credit will be the
N.C. Wetlands Restoration Fund, created pursuant to G.S. 143-
214.12;
C. The letter of credit would be called upon for
payment unless we implement the mitigation plan and addendum
(grading and planting accomplished) and grant a conservation
easement on the mitigation site to the N.C. Wetlands
Restoration Fund by 1 January 1998.
d. The letter of credit shall contain a second call for
payment provision requiring us to perform annual monitoring
and maintenance on the mitigation site until the Division
determines that the success criteria (as defined in the plan)
are met, or by 3 January 2003 at the latest.
Rmt\016175-002\161006
Mr. John R. Dorney
March 26, 1997
Page 2
e. The amount of the letter of credit will be reduced
to $25,000 on February 1, 1998 provided that the original
mitigation plan is completed by January 1, 1998.
If you have any questions regarding the enclosed request or
would like to discuss this matter, please contact the undersigned.
sincerely yours,
Robert D. Gorham, Jr.
Rmt\016175-002\161006
04-03-1997; 10 : 25AM FROM DUNSI HN u 1 yl Jy"(c{'(b14 r. bl
i ?
LAW OFFICES
; )U*STAN, DUNSTAN & CLEARY, P.C.
A PROPMSIONAL CORPORATION
BBRNAI D 3. DUNSTAN, nL P. O. BOX 90x690 OFFICE.
I ' AUGUSTA, GEORGIA 30917 3632 WHERLBR ROAD, mirru 1
1A1L?S c. D WNSTAN { ^Ui)VS1'& GEORGIA 30909
MA* ?. C(I .ARY ; 11LLPHONI;
{ 7064160-"93
FRAW, . T RNIM, 1R. PAX
(Gl? a i 706-MID-3786 ;
April 3, 1997
ffice of the P IoAh Carol,Ina Attorney General
1 . Ms. Jill ' iii y and FAX: [phone]`
N1r;,:M:omas E. Eahnan; 'h. c/o Thomas D. Eatiiian, Jr..
yner & SpryillA Attorneys at Law
RE: Conservation Easement Deed of Robert D. Gorham, Jr., Trustee of the Robert
D. I Gorha Jr. Trust, in favor of the Wetlands Restoration Fund; a* Non-
reverting tuand Within the Department of Environment, Health and Natural
Resout?es' of the State of North Carolina, dated March 27, 1997
i
D. ear Ms. Hi4ey an.,
Mr. -Eam [has advised me -that the captioned Conservation Easement may- bave to be '
' ' .: i ed to' reltec?r the. Gkantee as • the State of North Carolina and consistent with the I'eview
inayem of t1 a Propertyt Division of the North Carolina Attorney General's Office;.
Please let IiIthis letter serve as the commitment of H/S ROCLO, LLC as developer
( ROCLO"), I+ovi?e'Is C6fnpanies, Inc. as • tenant ("Lowe's"), and Wachovia Bank , of South
Pirolina, N. `. s lender ("Wachovia") to cooperate in the execution of any requested
ification to the Conservation Easement, so long as, such modification does not increase the
1. a
r risibility dr liability of ROCLO, Lowe's or Wachovia.
I? I!
Yours very truly,
i
I Ii I S. unstan., Jtr.
l
I
I
i
i
i
I
i
I
i
i
I
I
TOTAL P.01