20180181 Ver 1_USACE Permit_20200218

Strickland, Bev
From: Dailey, Samantha J CIV USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, February 18, 2020 9:31 AM
To: Adam McIntyre; Cara Conder
Cc: Tugwell, Todd J CIV USARMY CESAW (US); Kim Browning; Haupt, Mac; Davis, Erin B;
Wilson, Travis W.; Tugwell, Todd J CIV USARMY CESAW (US); Wells, Emily N;
[e-mail]; Merritt, Katie
Subject: [External] SAW-2017-02527 / Water & Land Solutions / WLS Neuse 02 UMBI /
Scarborough Mitigation Project / UMBI & Bank Approval
Attachments: SAW-2017-02527 WLS Neuse 02 UMBI.pdf, SAW-2017-02527 WLS Neuse 02 UMBI-
Scarborough Approval-NWP 27 Verification- PJ D.pdf
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Good morning,
Attached is the umbrella bank approval, Nationwide Permit 27 (Aquatic habitat restoration, enhancement, and
establishment activities), and jurisdictional determination for:
SAW-2017-02527 / Water & Land Solutions, LLC / WLS Neuse 02 UMBI, Scarborough Mitigation Project / Wayne County
This electronic copy is an official Department of the Army Notification. However, if you wish to receive a paper copy, one
will be mailed upon request.
Please let me know if you have any questions or concerns.
Best Regards,
Sam
Samantha Dailey
Regulatory Project Manager
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
[phone], Ext. 22
[e-mail]

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
February 6, 2020
Regulatory Division/1200A
Action ID No. SAW-2017-02527
Re: NCIRT Review and USACE Approval of the Water and Land Solutions, LLC / WLS
Neuse 02 Mitigation Banking Instrument / Scarborough Mitigation Project
Mr. Adam V. McIntyre
Water & Land Solutions, LLC
7721 Six Forks Road, Suite 130
Raleigh, North Carolina 27615
Dear Mr. McIntyre:
This letter is to inform you that the Wilmington District, Corps of Engineers (Corps)
has reviewed and approved the Water and Land Solutions (WLS) Neuse 02 Umbrella
Mitigation Banking Instrument (UMBI) and Scarborough Mitigation Project dated
November 2019. In addition, the Corps has issued a Nationwide Permit 27 (NWP 27)
verification letter authorizing work in waters of the United States associated with
restoration of aquatic resources on the mitigation bank site. As bank sponsor you are
required to comply with the approved WLS Neuse 02 UMBI and Scarborough Mitigation
Project Final Mitigation Plan, the terms and conditions of your NWP 27 verification letter,
and the Corps' regulations regarding compensatory mitigation (33 CFR 332).
The bank sponsor accepts all risk, liability, and responsibility for the success of all
mitigation activities associated with the approved mitigation bank site. In accordance
with the Scarborough Mitigation Project Final Mitigation Plan, the bank sponsor must
prepare and submit annual monitoring reports to document whether the stream (11,342
linear feet) and wetland (118.65 acres) restoration, enhancement, and preservation
areas on the project site meet the necessary interim and final performance standards.
When credits are debited from the mitigation site, the bank sponsor must provide the
Corps with an updated ledger form identifying the purchaser of the credits, the project
name, the permit number, and the number and type of credits to be debited. When all
stream [10,903 stream mitigation units (SMUs)] and wetland [110.37 wetland mitigation
units (WMUs)] credits have been debited, no more credits may be sold from this
mitigation site.
The next phase in the establishment of the WLS Neuse 02 UMBI, Scarborough
Mitigation Project, includes recording the conservation easement to protect the

mitigation site, marking the boundary of the site with permanent signs, and executing
the necessary financial assurances. Once the conservation easement has been
recorded and this offices is in receipt of the required executed financial assurance
documents, the Corps will be in a position to approve an initial credit release for 15
percent of the total stream and wetland restoration and enhancement mitigation credits,
and 100 percent of the total wetland preservation mitigation credits.
We look forward to working with you to ensure the Scarborough Mitigation Project
complies with the requirements of the approved UMBI and site -specific mitigation plan
In all future correspondence concerning this matter, please refer to our file number,
SAW-2017-02527. If you have any questions regarding this letter, the mitigation plan
review process, or the requirements of the Mitigation Rule, please contact Ms. Samantha
Dailey by email at Samantha.J.Dailey(a�usace.army.mil or by phone at [phone]
extension 22.
Sincerely,
CRUMBLEY.TY
LER.AUTRY.10
07509975
Tyler A. Crumbley
Deputy Chief, Regulatory Division
Enclosures
Electronic Copies Furnished:
NCIRT Distribution List

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2017-02527 County: WAYNE U.S.G.S. Quad: NC — SOUTHEAST GOLDSBORO
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant: Water & Land Solutions, LLC
Ms. Cara Conder
Address: 7721 Six Forks Road, Suite 130
Raleigh, North Carolina 27615
Size (acres) 231
Nearest Waterway Neuse River
USGS HUC 03020202
Nearest Town Goldsboro
River Basin Neuse River
Coordinates Latitude:35.3211
Longitude:-77.989722
Description of the project location: The project area is identified as an approximate 231 acre tract of land, located on Wayne
County, North Carolina Parcels 3507132313 and 3507333302. These parcels are located near the intersection of Arrington
Bridge Road and Casey Mill Road, near Goldsboro, in Wayne County, North Carolina. Work in waters of the United States
(U.S.) will occur in tributaries and wetlands adjacent to the Neuse River (8-di2it HUC: 03020202).
Description of projects area and activity: The applicant, Water & Land Solutions, LLC, has requested a Department of the
Armv authorization to discharge dredged and/or fill material into waters of the U.S. in coniunction with the Scarborough
Mitigation Project. Project activity will involve the aquatic restoration, enhancement, and preservation of 11,342 linear feet of
stream channel and 118.65 acres of wetland. Implementation of the proposed restoration and enhancement activities will
result in the discharge of fill material into 2.265 acres of wetland, 10,181 linear feet of stream channel, and 5.74 acres of
jurisdictional ditch, in conjunction with the mechanized land clearing, excavation, and stream relocation activities for the
Scarborough Mitigation Project. Refer to the enclosed Table 1 for a detailed summary of impacts.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 27 — Aquatic Habitat Restoration,
Enhancement, and Establishment Activities
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated November 22, 2019. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.

If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Samantha Dailey at 919-554-4884 x22 or Samantha.J.Dailey(&usace.army.mil.
DAILEY.SAMANT Digitallysign,dby
DAI LEY.SAMANTHA.J.1387567948
Corps Regulatory Official: HA.J.1387567948 Date: 2020.02.18 09:16:03 -05'00'
Date: February 18, 2020
Expiration Date of Verification: March 18, 2022

Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including
determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other
resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that
would be affected in anyway by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
_ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33
USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the
permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective
presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently
accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your
property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to
obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC §
1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
_ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified
by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and
verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on
your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit
requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.

Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Ms. Samantha Dailey at 919-554-4884, ext. 22 or
by email at Samantha.J.Dailev(&usace.armv.mil.
C. Basis For Determination: Refer to the enclosed Preliminary JD Form, Table 2. Summary of Aquatic
Resources in Review Area Which "May Be" Subject to Regulatory Jurisdiction, and Figure 4 —
Jurisdictional Waters Map for a detailed summary of waters on -site
D. Remarks:
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by N/A.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. DAI LEY.SAMANTHA gstall y signed b y
Di si
II DAILEY.SAMANTHA.J.1387567948
Corps Regulatory Official: * • 1387567948 Date: 2020.02.18 09:16:23-05'00'
Samantha J. Dailey
Date: February 18, 2020 Expiration Date: N/A
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://coEpsmgpu.usace.artny.mil/cm apex/f?p=136:4:0.

Table 1. Authorized discharge of fill material into waters of the United States in association with the
Scarborough Mitigation Project (SAW-2017-02527).
Fill Length
Fill acreage
Impact Number/ Aquatic
Flow Regime or
ofwetland
Duration of
Regulated Discharge of
of am
Resource ID
Cowardin Class
(1�
(ac)
Fill Material
Fill Material Activity
W11
Headwater Forest
N/A
0.340
Permanent
Restoration
Wetland W 1
W11
Headwater Forest
N/A
0.174
Temporary
Restoration
Wetland W 1
W4a
Headwater Forest
N/A
0.990
Permanent
Restoration
Wetland W4a
W4a
Headwater Forest
N/A
0.317
Temporary
Restoration
Wetland W4a
W4b
Wetland W4b
Headwater Forest
N/A
0.200
Temporary
Restoration
W5
Headwater Forest
N/A
0.097
Permanent
Restoration
Wetland W5
W6
Headwater Forest
N/A
0.138
Permanent
Restoration
Wetland W6
W 18
Headwater Forest
N/A
0.009
Temporary
Restoration
Wetland W 18
S1
Intermittent
2,808
N/A
Permanent
Excavation
UT1-Rl
S2
Perennial
1,450
N/A
Permanent
Stream Relocation
UT 1-R2
S3
Perennial
1,176
N/A
Permanent
Stream Relocation
UT 1-R3
S4
Intermittent
237
N/A
Permanent
Excavation
UT1A
S5
Intermittent
1,261
N/A
Permanent
Excavation
UT1B
S6
Perennial
590
N/A
Permanent
Bank Stabilization
UT2 (upper)
S7
Perennial
1,662
N/A
Permanent
Stream Relocation
UT2 (lower)
S8
Intermittent
997
N/A
Permanent
Stream Relocation
UT3
Ditch 6
Ditch
N/A
0.07
Permanent
Fill/Restoration
Ditch 8
Ditch
N/A
0.01
Permanent
Fill/Restoration
Ditch 10
Ditch
N/A
0.35
Permanent
Fill/Restoration
Ditch 11
Ditch
N/A
0.03
Permanent
Fill/Restoration
Ditch 12
Ditch
N/A
0.27
Permanent
Fill/Restoration
Ditch 13
Ditch
N/A
0.33
Permanent
Fill/Restoration

Ditch 14
Ditch
N/A
0.32
Permanent
Fill/Restoration
Ditch 15
Ditch
N/A
0.25
Permanent
Fill/Restoration
Ditch 16
Ditch
N/A
0.23
Permanent
Fill/Restoration
Ditch 17
Ditch
N/A
0.17
Permanent
Fill/Restoration
Ditch 18
Ditch
N/A
0.73
Permanent
Fill/Restoration
Ditch 19
Ditch
N/A
0.36
Permanent
Fill/Restoration
Ditch 20
Ditch
N/A
0.18
Permanent
Fill/Restoration
Ditch 22
Ditch
N/A
0.28
Permanent
Fill/Restoration
Ditch 23
Ditch
N/A
0.32
Permanent
Fill/Restoration
Ditch 24
Ditch
N/A
0.18
Permanent
Fill/Restoration
Ditch 25
Ditch
N/A
0.02
Permanent
Fill/Restoration
Ditch 26
Ditch
N/A
0.08
Permanent
Fill/Restoration
Ditch 27
Ditch
N/A
0.52
Permanent
Fill/Restoration

SPECIAL CONDITIONS
ACTION ID: SAW-2017-02527
WATER & LAND SOLUTIONS, LLC
SCARBOROUGH MITIGATION PROJECT
MITIGATION
The permittee understands and agrees that the document entitled "Final Mitigation Plan — Scarborough
Mitigation Project" dated November 2019, are incorporated and made part of this permit. Execution of
the work and terms given in the approved mitigation plan are a condition of this permit.

Action ID Number: SAW-2017-02527 County: WAYNE
Permittee: Water & Land Solutions, LLC
Ms. Cara Conder
Project Name: Scarborough Mitigation Project
Date Verification Issued: February 18, 2020
Project Manager: Samantha Dailey
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Raleigh Regulatory Field Office
Attn: Samantha Dailey
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27857
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Water & Land Solutions, LLC
File Number: SAW-2017-02527
Date: February 18, 2020
(Attn: Ms. Cara Conder)
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
RMITDENIAL
C
PROVED JURISDICTIONAL DETERMINATION
L
D
ELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.miI/Missions/Civi]Works/Re ug latoryProgramandPermits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Jason Steele, Administrative Appeal Review Officer
Raleigh Regulatory Field Office
CESAD-PDO
Attn: Samantha Dailey
U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Drive, Suite 105
60 Forsyth Street, Room 10M15
Wake Forest, North Carolina 27587
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Ms. Samantha Dailey, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

APPENDIX 2
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD):
February 1, 2020
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Applicant: Water & Land Solutions, LLC
Ms. Cara Conder
Address: 7721 Six Forks Road, Suite 130
Raleigh, North Carolina 27615
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Water & Land Solutions, LLC, Scarborough
Mitigation Project, Wayne County, SAW-2017-02527
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES)
State: NC County/parish/borough: Wayne City: Goldsboro
Center coordinates of site (lat/long in degree decimal format): Lat. 35.3211°N, Long.-79.989722' W.
Universal Transverse Mercator:
Name of nearest water body: Neuse River (03020202)
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): April 11, 2019
1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this
PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed
decision after having discussed the various types of JDs and their characteristics and circumstances when they may be
appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other
general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made
aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official
determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms
and conditions of the permit authorization, and that basing a permit authorization on an AID could possibly result in less
compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual
permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever
mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AID constitutes the applicant's acceptance of the use of the PJD; (6) accepting a
permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial
compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7)whether the applicant elects to
use either an AID or a PJD, the JD will be processed as soon as practicable. Further, an AID, a proffered individual permit (and
all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R.
Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic
resources in the review area, the Corps will provide an AID to accomplish that result, as soon as is practicable. This PJD finds
that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and
identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following
information:

SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply): Checked items should be included in
subject file. Appropriately reference sources below where indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Water & Land Solutions, LLC submitted a
Jurisdictional Determination Request on March 29, 2010, with revisions received on April 25, 2019.
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: 1:24K, NC -Southeast Goldsboro
® USDA Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey: April 2019.
® National wetlands inventory map(s). Cite name: Corps of Engineers SAW Regulatory Viewer: April 2019.
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): 1998 NAPP & 2010 ESRI World Imagery.
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should
not be relied upon for later iurisdictional determinations.
DAI LEY.SAM Digitally signed by
DAILEY.SAMANTHA.
ANTHA113 J.1387567948
87567948 Date:2020.02.18
09:21:48-05'00'
Signature and date of
Regulatory Project Manager
(REQUIRED)
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining the signature is
Impracticable)
1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.

TABLE 2. TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude (°N)
Latitude
e
Estimated Amount of
Aquatic Resources in
q
Review Area
Type of aquatic
resource (i.e.
wetland vs.
non -wetland)
Geographic
authority to which
the aquatic
resource "may be"
subject (i.e. Section
404 or Section
10/404
Linear
Feet
Acres
Wl
35.3159
-77.9894
1,450
3.86
Wetland
Section 404/401
W2
35.3177
-77.9915
1.12
Wetland
Section 404/401
W3A
35.3195
-77.9955
1.4
Wetland
Section 404/401
W313
35.321
-77.9955
0.43
Wetland
Section 404/401
WX
35.3214
-77.9957
1.13
Wetland
Section 404/401
W4A
35.321
-77.9899
7.4
Wetland
Section 404/401
W413
35.3242
-77.9893
0.61
Wetland
Section 404/401
W5
35.3214
77.9941
1.66
Wetland
Section 404/401
W6
35.3202
-77.9932
0.23
Wetland
Section 404/401
W7
35.3232
-77.9964
1.02
Wetland
Section 404/401
W8
35.3233
-77.9959
0.41
Wetland
Section 404/401
W9
35.3259
-77.9927
0.46
Wetland
Section 404/401
W10
35.3249
-77.9931
0.15
Wetland
Section 404/401
W-H18
35.3247
-77.9961
0.64
Wetland
Section 404/401
UT1-RI
35.3198
-77.993
2,571.91
Non -Wetland
Section 404/401
UTl-R2
35.3203
-77.9876
1,450.07
Non -Wetland
Section 404/401
UTl-R3
35.3217
-77.9832
1,176.38
Non -Wetland
Section 404/401
UT1A
35.3186
-77.9923
236.85
Non -Wetland
Section 404/401
UT1B
35.3216
-77.9934
1,261.28
Non -Wetland
Section 404/401
UT2
35.3179
-77.9891
2,252.99
Non -Wetland
Section 404/401
UT3
35.3214
-77.9902
997.13
Non -Wetland
Section 404/401
D1
35.3166
-77.9902
0.04
Non -Wetland
Section 404/401
D2
35.317
-77.9901
0.06
Non -Wetland
Section 404/401
D3
35.3155
-77.989
0.28
Non -Wetland
Section 404/401
D4
35.318
-77.9921
0.11
Non -Wetland
Section 404/401
D5
35.3211
-77.9958
0.23
Non -Wetland
Section 404/401
D6
35.3244
-77.9966
0.09
Non -Wetland
Section 404/401
D7
35.3244
-77.9968
0.05
Non -Wetland
Section 404/401
D8
35.3225
-77.996
0.04
Non -Wetland
Section 404/401
D9
35.3231
-77.9958
0.03
Non -Wetland
Section 404/401
D10
35.3166
-77.988
0.35
Non -Wetland
Section 404/401
D11
35.3207
-77.9862
0.03
Non -Wetland
Section 404/401
D12
35.3218
-77.9867
0.27
Non -Wetland
Section 404/401
D13
35.321
-77.9879
0.33
Non -Wetland
Section 404/401
1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.

D14
35.3223
-77.9888
0.32
Non -Wetland
Section 404/401
D15
35.3228
-77.991
0.25
Non -Wetland
Section 404/401
D16
35.3239
-77.9907
0.23
Non -Wetland
Section 404/401
D17
35.3211
-77.9909
0.17
Non -Wetland
Section 404/401
D18
35.3219
-77.9916
0.73
Non -Wetland
Section 404/401
D19
35.3246
-77.9931
0.36
Non -Wetland
Section 404/401
D20
35.3247
-77.9938
0.18
Non -Wetland
Section 404/401
D21
35.3243
-77.9948
0.30
Non -Wetland
Section 404/401
D22
35.3259
-77.994
0.3
Non -Wetland
Section 404/401
D23
35.3237
-77.9956
0.37
Non -Wetland
Section 404/401
D24
35.3192
-77.9898
0.2
Non -Wetland
Section 404/401
D25
35.3192
-77.9892
0.08
Non -Wetland
Section 404/401
D26
35.3215
-77.9928
0.08
Non -Wetland
Section 404/401
D27
35.3194
-77.98330
0.52
Non -Wetland
Section 404/401
1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.

�\I
WATER & LAND T1
SOLUTIONS
Legend
a Q Conservation Easement
��•` Streams
y Non -Wetlands
x.
Unverified Wetlands �
' Y
a -
� \ �WWIr ,
O ,M j
O
4I
I
Ij
I jl
W4A j
� O
UT1-R2 - 1 j
i�
� p25
Jurisdictional FIGURE
Scarborough Waters Map
Mitigation Project Nov 15, 2019
NAD 1983 2011 State Plane 4
North Carolina FIPS 3200 FT US

AGREEMENT TO ESTABLISH THE WLS NEUSE 02
UMBRELLA MITIGATION BANKING INSTRUMENT
WITHIN THE STATE OF NORTH CAROLINA
USACE approval of this Instrument constitutes the regulatory approval required for
the WLS NEUSE 02 UMBRELLA MITIGATION BANK to be used to provide
compensatory mitigation for Department of the Army permits pursuant to 33 C.F.R.
332.8(a)(1). This Instrument is not a contract between the Sponsor or Property Owner
and USACE or any other agency of the federal government. Any dispute arising under
this Instrument will not give rise to any claim by the Sponsor or Property Owner for
monetary damages. This provision is controlling notwithstanding any other provision or
statement in the Instrument to the contrary.
This Umbrella Mitigation Banking Instrument (UMBI) is made and entered into on the
18 day of February, 2020, by Water & Land Solutions, LLC, hereinafter Sponsor, and the
U.S. Army Corps of Engineers (Corps), and each of the following agencies, upon its
execution of this UMBI; the Environmental Protection Agency (EPA), the U.S. Fish and
Wildlife Service (FWS), the National Marine Fisheries Service (NMFS), the North
Carolina Wildlife Resources Commission (NCWRC), the State Historic Preservation
Office (SHPO) and the North Carolina Division of Water Resources (NCDWR). The
Corps, together with the State and Federal agencies that execute this UMBI, are
hereinafter collectively referred to as the Interagency Review Team (IRT).
WHEREAS the purpose of this agreement is to establish an umbrella mitigation bank
(Bank) providing compensatory mitigation for unavoidable wetland and/or stream
impacts separately authorized by Section 404 Clean Water Act permits and /or Section 10
of the Rivers and Harbors Act permits in appropriate circumstances;
WHEREAS the agencies comprising the IRT agree that the Bank site(s) are suitable
mitigation bank sites, and that implementation of the Mitigation Plans are likely to result
in net gains in wetland and/or stream functions at the Bank sites, and have therefore
approved the Mitigation Plan(s);
THEREFORE, it is mutually agreed among the parties to this agreement that the
following provisions are adopted and will be implemented upon signature of this UMBI.
Section I: General Provisions
A. The Sponsor is responsible for assuring the success of the restoration,
enhancement, and preservation activities at the Bank site(s), and for the overall operation
and management of the Bank. The Sponsor assumes the legal responsibility for providing
the compensatory mitigation once a permittee secures credits from the Sponsor and the
District Engineer (DE) receives documentation that confirms the Sponsor has accepted
responsibility for providing the required compensatory mitigation.

B. The goals of the WLS Neuse 02 Umbrella Bank site(s) are to restore, enhance.
and preserve wetland and/or stream systems and their functions to compensate in
appropriate circumstances for unavoidable wetland and stream impacts authorized by
Section 404 of the Clean Water Act permits and/or Section 10 of the Rivers and Harbors
Act permits in circumstances deemed appropriate by the Corps and/or NCDWR after
consultation, through the permit review process, with members of the IRT.
C. Use of credits from the Bank to offset wetland and/or stream impacts authorized
by Clean Water Act permits must be in compliance with the Clean Water Act and
implementing regulations, including but not limited to the 404(b)(1) Guidelines, the
National Environmental Policy Act, and all other applicable Federal and State legislation,
rules and regulations. This agreement has been drafted in accordance with the regulations
for Compensatory Mitigation for Losses of Aquatic Resources effective June 9, 2008 (33
CFR Parts 325 and 332) (Mitigation Rule).
D. The IRT shall be chaired by the DE of the U.S. Army Corps of Engineers,
Wilmington District (District). The IRT shall review documentation for the establishment
of mitigation bank sites. The IRT will also advise the DE in assessing monitoring reports,
recommending remedial measures, approving credit releases, and approving
modifications to this instrument. The IRT's role and responsibilities are more fully set
forth in Sections 332.8 of the Mitigation Rule. The IRT will work to reach consensus on
its actions.
E. The DE, after consultation with the appropriate Federal and State review agencies
through the permit review process, shall make final decisions concerning the amount and
type of compensatory mitigation to be required for unavoidable, permitted wetland and/or
stream impacts, and whether or not the use of credits from the Bank is appropriate to
offset those impacts. In the case of permit applications and compensatory mitigation
required solely under the Section 401 Water Quality Certification rules of North
Carolina, the NCDWR will determine the amount of credits that can be withdrawn from
the Bank. Any credits used to offset impacts solely authorized by Section 401 cannot be
used for other impacts authorized under Section 404 of the Clean Water Act or Section
10 of the Rivers and Harbors Act.
F. The parties to this agreement understand that a watershed approach to establish
compensatory mitigation must be used to the extent appropriate and practicable. Where
practicable, in -kind compensatory mitigation is preferred.
Section Il: Geographic Service Area
The Geographic Service Area (GSA) is the designated area within which the Umbrella
Bank sites are authorized to provide compensatory mitigation required by DA permits.
The GSA for each Bank site is Hydrologic Unit Code (HUC) 03020202 within the Neuse
River Basin in North Carolina. Credits must be used in the same 8-digit HUC in which
they were generated. Credits within each 8-digit HUC should be tracked on separate
ledgers.
2

Section III: Mitigation Plan
Any Mitigation Plan submitted pursuant to this agreement must contain the
information listed in 332.4(c) (2) through (14) of the Compensatory Mitigation Rule.
A. The Sponsor will perform work as described in each site -specific Mitigation Plan.
B. The Sponsor shall monitor the Bank sites as described in each site -specific
approved Mitigation Plan, until such time as the IRT, determines that the performance
standards described in the site -specific Mitigation Plans have been met.
C. Mitigation Plans submitted for inclusion in this Bank must meet the requirements
of any District guidance that is current at the time the Draft Mitigation Plan is submitted
to the District, including any updates made to monitoring requirements, credit releases,
long term management, or any other provisions that are required and/or specifically
addressed in the Mitigation Plans. The addition of new Bank sites shall be considered as a
modification to this instrument, and processed in accordance with the procedures set forth
in the Mitigation Rule.
D. The members of the IRT will be allowed reasonable access to the Properties for
the purposes of inspection of the Properties and compliance monitoring of the Mitigation
Plans.
Section IV: Reporting
A. The Sponsor shall submit to the DE, for distribution to each member of the IRT,
annual reports describing the current conditions of the Bank sites and the condition of the
Bank sites in relation to the performance standards in each site -specific Mitigation PIan.
The Sponsor shall provide to the DE all monitoring reports described in the Mitigation
Plans.
B. As part of each annual monitoring report, the Sponsor shall also provide ledger
reports documenting credit transactions as described in Section VIII of this UMBI.
C. Each time an approved credit transaction occurs, the Sponsor shall provide
notification to the DE within 30 days of the transaction. This notification shall consist of
a summary of the transaction and a full ledger report reflecting the changes from the
transaction. Additionally, signed copies of the Compensatory Mitigation Transfer of
Responsibility Form shall be submitted to the Corps Bank Manager for the bank site.
Section V: Remedial Action
A. The DE shall review the monitoring reports, as required in the site -specific
Mitigation Plans, and may, at any time, after consultation with the Sponsor and the IRT,
direct the Sponsor to take remedial action at the Bank sites. Remedial actions required by
the DE shall be designed to achieve the performance standards as specified in the site-

specific Mitigation Plans. All remedial actions required under this section shall include a
work schedule and monitoring criteria that will take into account physical and climactic
conditions.
B. The Sponsor shall implement all remedial measures required pursuant to the
above.
C. In the event the Sponsor determines that remedial actions may be necessary to
achieve the required performance standards, it shall provide notice of such proposed
remedial action to all members of the IRT. No remedial actions shall be taken without the
concurrence of the DE, in consultation with the IRT.
Section VI: Use of Mitigation Credits
A. Description of credit classifications and provisions pertaining to the use of those
credits shall be provided in each site -specific Mitigation Plan to be included in this bank.
Credit classifications (e.g., cold water stream, cool water stream, warm water stream,
coastal wetlands, non -riparian wetlands, riparian non-riverine wetlands, and riparian
riverine wetlands) will be in accordance with current District guidance at the time the
Mitigation Plan is submitted to the District. In general, these classifications will be used
to determine if a particular credit qualifies as "In -Kind" mitigation. Exceptions to the use
of "In -Kind" mitigation may be allowed at the discretion of the permitting agencies on a
case -by -case basis.
B. Wetland and stream compensation ratios are determined by the DE on a case -by -
case basis after consideration of the functions of the wetlands and/or streams impacted,
the severity of the wetland and/or stream impacts, the relative age of the mitigation site,
whether the compensatory mitigation is in -kind, and the physical proximity of the
wetland and/or stream impacts to the Bank Site.
C. Notwithstanding the above, all decisions concerning the appropriateness of using
credits from the Bank sites to offset impacts to waters and wetlands, as well as all
decisions concerning the amount and type of such credits to be used to offset wetland and
stream impacts authorized by Department of the Army permits, shall be made by the DE,
pursuant to Section 404 of the CIean Water Act and implementing regulations and
guidance. These decisions may include notice to and consultation with the members of
the IRT through the permit review process if the DE determines this to be appropriate
given the scope and nature of the impact.
Section VII: Credit Release Schedule
A. All credit releases must be approved in writing by the DE, following consultation
with the IRT, based on a determination that required performance standards have been
achieved.
0

B. A credit release schedule shall be provided in each site -specific Mitigation Plan
that are included in this Bank. The release schedule will list all of the proposed credit
releases and any performance standards associated with those releases.
C. In general, the initial allocation of credits from any site included as part of this
Bank shall be available for sale only after the completion of all of the following:
1. Execution of this UMBI by the Sponsor, the DE, and other agencies eligible
for membership in the IRT who choose to execute this agreement, to include the
approval of any modifications to this agreement when new sites are added to it;
2. Approval of final Mitigation Plan;
3. Confirmation that the Bank site has been secured;
4. Delivery of executed financial assurances as specified in the site -specific
Mitigation Plan;
5. Delivery of a copy of the recorded long-term protection mechanism as
described in the site -specific Mitigation Plan, as well as a title opinion covering
the property acceptable to the DE; and
6. Issuance of any DA permits necessary for construction of the Bank site (if
necessary).
The Sponsor must initiate implementation of each site -specific approved Mitigation
Plan no later than the first full growing season after the date of the first credit transaction
(i.e., construction of the initial physical and biological improvements proposed in the
site -specific Mitigation PIan must be started by the end of the first full growing season
following the initial sale of any credits). This provision does not apply to preservation -
only sites that do not include any physical or biological improvements. Subject to the
Sponsor's continued satisfactory completion of all required performance standards and
monitoring, additional mitigation credits will be available for sale by the Sponsor as
specified in each Mitigation Plan.
Section VI1I: Accounting Procedures
A. The Sponsor shall develop accounting procedures acceptable to the DE for
maintaining accurate records of debits made from the Bank. Such procedures shall
include the generation of a ledger by the Sponsor showing credits used at the time they
are debited from the Bank. All ledger reports shall identify credits debited and remaining
by type of credit and shall include for each reported debit the Corps ORM ID number for
the permit for which the credits were utilized and the permitted impacts for each resource
type.
B. When credits from the bank are sought by a permit applicant, the Sponsor shall
prepare a reservation letter for the applicant to include with the Corps permit application,
that documents the number and type of credits available to be debited from the bank, and
the amount of time (if any) that those credits will be held for that applicant (with an
expiration date for the letter of availability).

C. Each time an approved credit transaction occurs, the Sponsor shall notify the DE
within 30 days of the transaction with a summary of the transaction and a full ledger
report showing the changes made. Signed copies of the Transfer of Mitigation
Responsibility form shall also be submitted to the Corps permit Project Manager and the
Corps Bank Manager for that bank.
D. The Sponsor shall prepare annual ledger reports for each bank site showing all
credits used, any changes in credit availability (e.g,, additional credits released, credit
sales, suspended credits, etc.), and the beginning and ending balance of remaining credits.
The Sponsor shall submit the annual reports to the DE, for distribution to each member of
the IRT, until such time as all of the credits have been utilized, or this agreement is
otherwise terminated.
Section IX: Financial Assurances
A. Financial assurances for each Bank site will be detailed in the site -specific
Mitigation Plans. The Sponsor shall provide financial assurances in a form acceptable to
the DE, sufficient to assure completion of all mitigation work, required reporting and
monitoring, and any remedial work required pursuant to this UMBI. The financial
assurance value should be based on the cost of doing any remaining mitigation work,
including costs for land acquisition, planning and engineering, legal fees, mobilization,
construction, and monitoring. For preservation only Bank Sites, no financial assurances
will generally be required unless there are specific activities necessary to ensure the
successful preservation of resources on the site, in which case appropriate financial
assurances may still be required.
B. All financial assurances shall be made payable to a standby trust or to a third -
party designee, acceptable to the Corps, who agrees to complete the project or provide
alternative mitigation. Financial assurances structured to provide funds to the Corps in
the event of default by the Bank Sponsor are not acceptable.
C. The form and amount of financial assurances must be stated in each site -specific
Mitigation Plan in order for the Mitigation Plan to be approved. This must include the
name of the specific provider of those assurances and the method by which the financial
assurances will be provided in the event that they must be utilized. Original copies of the
financial assurance documents must be provided to the DE prior to the initial release of
credits.
D. A financial assurance must be in the form that ensures that the DE receives
notification at least 120 days in advance of any termination or revocation.
Section X: Site Protection
A. The Sponsor shall grant a Conservation Easement (CE) in a form acceptable to
the DE, sufficient to protect Bank sites in perpetuity. The CE shall be perpetual, preserve
all natural areas, and prohibit all uses of the properties inconsistent with their use as
mitigation property, including any activity that would materially alter the biological
6

integrity or functional and educational value of wetlands or streams within the Bank sites,
consistent with the Mitigation Plans. The purpose of the CE wilI be to assure that future
use of the Bank sites will result in the restoration, protection, maintenance and
enhancement of wetland and/or stream functions as described in the site -specific
Mitigation Plans. The name and contact information for the Corps approved easement
holder and a copy of the CE template will be provided in each site -specific Mitigation
Plan.
B. The Sponsor shall deliver a title opinion acceptable to the DE covering the
mitigation property. The property shall be free and clear of any encumbrances that would
conflict with its use as mitigation, including, but not limited to, any liens that have
priority over the recorded CE.
C. Subsequent to the recording of the CE, the Sponsor may convey the Bank site
property either in fee or by granting an easement to a qualified land trust, state agency, or
other appropriate nonprofit organization approved by the Corps. The Sponsor is
responsible for ensuring that the CE is re -recorded so that it remains within the chain of
title. The terms and conditions of this conveyance shall not conflict with the intent and
provisions of the CE nor shall such conveyance enlarge or modify the uses specified in
the easement. The CE must contain a provision requiring 60 day advance notification to
the DE before any action is taken to void or modify the CE, including transfer of title to,
or establishment of any other legal claims over the project site.
Section XI: Lona-term Management
A. The Sponsor shall implement the long-term management plan as described in
each site -specific Mitigation Plans. Each plan must provide the name and contact
information for the party responsible for long-term management.
B. The long-term management plan will include a list of annual maintenance,
monitoring, and/or repair activities for each mitigation site, the associated annual cost for
each activity, and the required total amount necessary to provide all future site
management. The long-term management plan should explain how the funds will be
managed and provided to the designated long-term manager (e.g., an endowment
managed through a separate account holder). The long-term management plan should
include a contingency section that addresses how the responsibility and funding for long-
term site management will be passed on to a new manager in the event that the selected
long-term management entity is no longer able to provide for management of the site.
Section XII: Default and Closure
A. It is agreed to establish and/or maintain the Bank sites until (i) credits have been
exhausted or banking activity is voluntarily terminated with written notice by the Sponsor
provided to the DE and other members of the IRT; and (ii) it has been determined and
agreed upon by the DE and IRT that the debited Bank site has satisfied all the conditions
herein and in the site -specific Mitigation Plan. If prior to project close-out the DE
determines that a Bank site is not meeting performance standards or complying with the

terms of the instrument, appropriate action will be taken. Such actions may include, but
are not limited to, suspending credit sales, adaptive management, decreasing available
credits, utilizing financial assurances, and terminating the instrument.
B. Any delay or failure of Bank Sponsor shall not constitute a default hereunder if
and to the extent that such delay or failure is primarily caused by any act, event or
conditions beyond the Sponsor's reasonable control and significantly adversely affects its
ability to perform its obligations hereunder including: (i) acts of God, lightning,
earthquake, fire, landslide, or interference by third parties; (ii) condemnation or other
taking by any governmental body; (iii) change in applicable law, regulation, rule,
ordinance or permit condition, or the interpretation or enforcement thereof; (iv) any
order, judgment, action or determination of any federal, state or local court,
administrative agency or government body; or (v) the suspension or interruption of any
permit, license, consent, authorization or approval. If the performance of the Bank
Sponsor is affected by any such event, Bank Sponsor shall give written notice thereof to
the IRT as soon as is reasonably practicable. If such event occurs before the final
availability of all credits for sale, the Sponsor shall take remedial action to restore the
property to its condition prior to such event, in a manner sufficient to provide adequate
mitigation to cover credits that were sold prior to such delay or failure to compensate for
impacts to waters, including wetlands, authorized by Department of the Army permits.
Such remedial action shall be taken by the Sponsor only to the extent necessary and
appropriate, as determined by the IRT.
C. At the end of the monitoring period, upon satisfaction of the performance standards,
the Sponsor may submit a request to the DE for site close out. The DE, in consultation
with the IRT, shall use best efforts to review and comment on the request within 60 days
of such submittal. If the DE determines the Sponsor has achieved the performance
standards in accordance with the mitigation plan and all obligations under this MBI, the
DE shall issue a close out letter to the Sponsor.
Section XIII: Miscellaneous
A. Modification of this UMBI shall be in accordance with the procedures set forth in
332.8 of the mitigation rule.
B. No third party shall be deemed a beneficiary hereof and no one except the signatories
hereof, their successors and assigns, shall be entitled to seek enforcement hereof.
C. This UMBI constitutes the entire agreement between the parties concerning the
subject matter hereof and supersedes all prior agreements or undertakings.
D. In the event any one or more of the provisions contained in this UMBI are held to be
invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability will not affect any other provisions hereof, and this UMBI shall be
construed as if such invalid, illegal or unenforceable provision had not been contained
herein.
8

E. This UMBI shall be governed by and construed in accordance with the laws of North
Carolina and the United States as appropriate.
F. This UMBI may be executed by the parties in any combination, in one or more
counterparts, all of which together shall constitute but one and the same instrument.
G. The terms and conditions of this UMBI shall be binding upon, and inure to the benefit
of the parties hereto and their respective successors.
H. All notices and required reports shall be sent by regular mail to each of the parties at
their respective addresses, provided below.
Sponsor:
Water & Land Solutions, LLC
Mr. Adam McIntyre, Chief Executive Officer
7721 Six Forks Road, Suite I30
Raleigh, NC 27615
Corps:
Ms. Samantha Dailey
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
USEPA:
Mr. Todd Bowers
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
USFWS:
Ms. Emily Wells
U.S. Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
i►CkA7A :119
Mr. Travis Wilson
North Carolina Wildlife Resources Commission
Skyes Depot, 2430 Turner Road
Mebane, NC 27302
9

NCDWR:
Mr. Mae Haupt
Division of Water Resources
North Carolina Department of Environmental Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
NMFS:
Ms. Twyla Cheatwood
NOAA Fisheries Service-HCD
219 Ft Johnson Road
Charleston, South Carolina 29412
NCSHPO:
Ms. Renee Gledhill -Earley
Stale Historic Preservation Office
4617 Mail Service Center
109 E. Jones Street
Raleigh, North Carolina 27699
10

IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement to Establish the WLS Neuse 02 Umbrella Mitigation Bank within the State
of North Carolina":
Sponsor: Water & Land Solutions, LLC
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By: v Date.
U.S. JWZ:
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By: Date:
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement to Establish the WLS Neuse 02 Umbrella Mitigation Bank within the State
of North Carolina":
U.S. Environmental Protection Agency:
By: Date:
12

IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement to Establish the WLS Neuse 02 Umbrella Mitigation Bank within the State
of North Carolina":
U.S. Fish and Wildlife Service:
By: Date:
13

IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement to Establish the WLS Neuse 02 Umbrella Mitigation Bank within the State
of North Carolina":
N.C. Division of Water Resources:
By: Date:
14

IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement to Establish the WLS Neuse 02 Umbrella Mitigation Bank within the State
of North Carolina":
N.C. Wildlife Resources Commission:
By: Date:
15

IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement to Establish the WLS Neuse 02 Umbrella Mitigation Bank within the State
of North Carolina":
NC State Historic Preservation Office:
By: Date:
16

IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement to Establish the WLS Neuse 02 Umbrella Mitigation Bank within the State
of North Carolina":
National Marine Fisheries Service:
By: Date:
17