20081235 Ver 1_Mitigation Plans_20121025

EXECUTIVE SUMMARY
On behalf of Weyerhaeuser NR Company, Inc. (Sponsor), Land Management Group, Inc. (LMG) is
submitting the following comprehensive Mitigation Plan for the proposed Brice Creek Wetland Mitigation
Bank, located in Craven County, North Carolina. The proposed Bank will provide up to 636 acres of non -
riparian wetland restoration and enhancement within the headwaters of the Lower Neuse River. The tract
has been managed for silvicultural production since the 1970's and contains an expansive drainage network
that has significantly altered and /or removed the characteristic wetland hydrology. The resultant condition
has been the historic conversion of a diverse assemblage of forested wetland communities to an intensively
managed monoculture pine plantation.
Restoration efforts will include the re- establishment of characteristic wetland hydrology via the installation of
ditch plugs throughout the existing drainage network and the planting of characteristic wetland vegetation.
By doing so, both hardwood flat and non - riverine swamp forest wetland communities will be restored and
enhanced. Anticipated functions and values resulting from the restoration project include increased nutrient
retention /transformation, sediment retention, floodwater storage /flood abatement, and groundwater
recharge. Given the scale of the restoration effort, the project will provide considerable habitat benefits on a
watershed level. The project offers a unique opportunity to provide additional habitat connectivity between
the protected Nation Forest lands of the Catfish Lake South Wilderness Area (an approximated 8,530 -acre
preserve to the west) and the Sheep Ridge Wilderness Area (and approximate 9,297 -acre preserve to the
south).
Detailed site investigations (including topographic survey, soil profile descriptions, and hydrologic analyses)
have been completed on the site. The following Mitigation Plan provides information related to existing site
conditions, watershed characteristics, proposed restoration activities, monitoring criteria, and long -term site
management and protection. Specific information related to bank operation (including credit generation,
ledger management, and financial assurances) is included within the Mitigation Banking Instrument (MBI)
(submitted in conjunction with the Mitigation Plan).
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Mitigation Plan — August 2012

I. INTRODUCTION
A. Protect Overview
The proposed mitigation bank site (approximately 645 acres) consists predominantly of former headwater
wetlands that drain to Great Branch (a first -order tributary of the Trent River), Tucker Creek (a first -order
tributary of the Neuse River), and the East Prong (a first -order tributary of the Trent River). Non - riparian
wetlands have been historically ditched and managed on the tract for silvicultural production. A network of
drainage ditches on the tract serves to lower groundwater tables and intercept surface water. Flow is
diverted into the East Prong that drains to Brice Creek and subsequently into the Trent and Neuse Rivers.
Based upon detailed site investigations, approximately 636 acres of non - riparian wetlands can be restored
and enhanced on the site.
The site consists entirely of hydric soils characteristic of broad interstream flats of the outer Coastal Plain.
Representative mapped soil units include Bayboro mucky loam, Pantego fine sandy loam, Rains fine sandy
loam, and Leaf silt loam. These series are poorly drained to very poorly drained soils characteristic of non -
riparian wetlands. Open ditching on approximate 330 -ft spacing for timber management has effectively
lowered water table levels throughout a majority of the site, effectively removing wetland hydrology. This is
supported by observed field indicators, groundwater monitoring data, and DrainMod studies. In addition, a
jurisdictional determination (JD) provided confirmation of the extent of drainage and resultant non -
jurisdictional areas.
Soil and geomorphological conditions of the tract indicate that the entire site formerly consisted of non -
riparian wet hardwood flats and swamp forest communities. Based upon the proposed restoration effort, the
bank site will result in 554.5 non - riparian wetland credits (restoration equivalent credits). Supply of these
credits to Section 404/401 applicants will be deemed as suitable mitigation to offset authorized wetland
impacts in the identified Geographic Service Area (GSA) (refer to Section VI).
B. Site Location
The tract is located south of Highway 70 (between New Bern and Havelock) and just east of Catfish Lake
Road in Craven County, NC. It is bordered on the south by East Prong, a first -order tributary of the Trent
River. Refer to the enclosed site location map (Figure 1), USGS topographic quadrangle (Figure 2), LIDAR
2 foot contour data (Figure 3), and the Craven County Soil Survey map (Figure 4) for additional site
information. A 1998 infra -red aerial photograph of the site (Figure 5) is also enclosed for reference.
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WATERSHED CHARACTERIZATION
The project site is located in the Lower Neuse River Basin (USGS 8 -digit hydrologic unit 03020204,
NCDWQ Subbasin 03- 04 -10). This watershed has experienced moderate growth since the 1970's —
particularly within the more urbanized areas of Havelock and New Bern. Within the subbasin, land use
consists predominantly of agriculture and forestry. Residential and commercial development is
concentrated near New Bern and Havelock, including the Highway 70 corridor between the two cities.
Runoff remains the principal cause for non -point source pollution (NC DENR 2006). While large -scale
agricultural and silvicultural operations are common, there are also large areas of protected lands (e.g.
Croatan National Forest and Light Ground Pocosin). Average population density for Craven County
increased 6% from 2000 to 2008 and is currently estimated at 97,000 people (U.S. Census Bureau 2009).
The surface water body classifications for Brice Creek and the Neuse River are C NSW and SC NSW,
respectively. Class SC waters are defined as tidal saltwater bodies protected for secondary recreation,
fishing, and aquatic life including propogation, survival, and wildlife. Class C waters are defined as non -tidal
freshwater bodies protected for secondary recreation, fishing, and aquatic life. Nutrient Sensitive Waters
(NSW) are subject to growths of microscopic or macroscopic vegetation requiring limitations on nutrient
inputs (NC DWQ 2000). Best management practices (BMPs), including riparian buffer setbacks, are
implemented within NSW basins to help offset or minimize nutrient loading to susceptible waters.
Prior to the initiation of silvicultural management activities, the proposed restoration site consisted of mineral
headwater wetland flats, typically found in interstream divide landscapes throughout the outer Coastal Plain.
This type of wetland supports a number of functions /values including, but not limited to the following:
groundwater recharge; flood water storage and attenuation; filtration and storage of nutrients, sediments,
and /or toxic substances; and refuge /feeding habitat for resident and migratory fauna. At the present time,
these functions have been compromised through the extensive conversion practices associated with the
silvicultural management of the site (ditching, bedding, clear- cutting, etc.). The Neuse River and its
tributaries, in particular, have exhibited significant water quality impairments associated with low dissolved
oxygen (DO), high total nitrogen (TN), and high total phosphorus (TP). High nutrient concentrations
originate from non -point source loading associated with intensive agricultural and silvicultural practices
common throughout the watershed. These impairments are likely exacerbated by channelization of local
streams and ditching of headwater wetlands, resulting in diminished nutrient uptake and nutrient/sediment
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Mitigation Plan — August 2012

loading to down - gradient waters. Furthermore, hypoxic /anoxic conditions and toxic algal blooms have
contributed to various fish kills reported in the Neuse River over the past two decades.
III. MITIGATION GOALS
The objective of the Brice Creek project is to provide high - quality compensatory mitigation for authorized
impacts within the approved service area. Prior to the anthropogenic disturbance this area likely supported
an intact wet hardwood flat ecosystem. Published research has documented a diverse assemblage of
fauna associated with this ecosystem, including over 67 species of birds, 20 mammals, and 12 amphibians.
Some of these species, such as the dusky salamander (Desmognathus auriculatus) are found exclusively
within this habitat. Note that current research also suggests that less than 20,000 acres of this community
type remain in the Coastal Plain of North Carolina. This decline is attributed to the high value of the timber
resources and the favorable response to drainage during the conversion to farmland or silviculture
(Schafale, 2008).
Given the size and location of the proposed project, it is anticipated that several key wetland functions will
be restored following project implementation. Wetland systems located in the headwaters of a given
watershed play an integral role in maintaining downstream water quality and provide food web support.
These functions are accomplished through the attenuation of flood waters; production of organic material,
and retention /sequestration of pollutants and sediment. The project will also provide significant refuge
habitat and connectivity to the surrounding national forest for migratory bird species and large mammals.
The proposed project will serve as a general use wetland mitigation bank serving the approved service area.
The purpose of the bank is to compensate for those wetland losses authorized by applicable federal and
state regulatory programs via the restoration and enhancement of approximately 636 acres of wetlands.
IV. SITE DESCRIPTION
A. Community Types
The Brice Creek site is located within the Middle Atlantic Coastal Plain ( Ecoregion 63) as defined by Griffith
et al. (2002) "Ecoregions of North Carolina" (refer to Appendix A). This ecoregion encompasses the area
defined as the `Carolina Flatwoods' — a subregion occurring along nearly level, poorly drained areas in the
outer Coastal Plain including the Lower Neuse River Basin and the White Oak River Basin.
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Existing vegetation throughout a majority of the tract is comprised of managed loblolly pine. The natural
hardwood - dominated canopy was likely removed during the initiation of silvicultural management activities in
the early 1970's. As a result of these activities, a monoculture stand of loblolly pine has been cultivated.
Based upon the North Carolina Wetland Assessment Method (NC WAM), the mitigation site consists of two
wetland community types: (1) Non - Riverine Hardwood Flat; and (2) Non - Riverine Swamp Forest. While the
hardwood - dominated canopy has been removed, a majority of the tract retains the characteristic mineral
soils, topography, and drainage patterns consistent with wet hardwood communities found in an interstream
divide landscape position. The hardwood flat community has been targeted for restoration throughout the
sections containing primarily mineral soils. The remaining acreage (that generally consists of soils with
higher organic matter in the soil surface) has been targeted for non - riverine swamp forest restoration. In an
undisturbed condition, the swamp forest community tends to be dominated by swamp tupelo and bald
cypress and is common throughout the outer Coastal Plain (Shafale and Weakley, 1990).
B. Vegetation
The predominant land use of the tract and surrounding area is silvicultural production. This assemblage is
dominated by loblolly pine (Pinus taeda) currently in different stages of stand management. Understory
vegetation is comprised of wax myrtle (Morella cerifera), red bay (Persea palustris), and American ti -ti
(Cyrilla racemiflora). Drained wetland areas (suitable for restoration) exhibit a mix of species indicative of
changes in hydrology. Older stands contain isolated individuals of remnant wetland canopy species (such
as tulip poplar (Liroidendron tulipifera) and swamp chestnut oak (Quercus michauxii). However, subcanopy
species and herbaceous vegetation is indicative of drier conditions resulting from site drainage. These
species include water oak (Quercus nigra), yellow jasmine (Gelsimium sempervirens), horse sugar
(Symplocos tinctoria), bracken fern (Pteridium aquilinum), and dog fennel (Eupatorium capillifolium). Few
trees characteristic of the hardwood - dominated wet hardwood flat system that likely existed prior to the
initiation of silvicultural management in the early 1970's exist within the proposed restoration areas.
Nearly all the former wetland habitat on the tract has been drained and managed for timber production. At
the time of site investigations, the southwestern portion of the site had been recently clear -cut, while
significant acreage remained planted with loblolly pine in various stages of growth. Remaining wetland
areas, found along the perimeter of the parcel, exhibit greater densities of bay species including red bay,
sweet bay (Magnolia virginiana), and loblolly bay (Gordonia lasianthus). Netted chain fern (Woodwardia
areolata) and cinnamon fern (Osmunda cinnamomea) are common herbaceous species of these areas.
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C. Soil Characteristics
The tract (located within the headwaters of Brice Creek and Tucker Creek) exhibits nearly level to gently
sloping topography. The site and surrounding area is grouped in the Pantego - Bayboro- Rains -Leaf general
soil unit. This assemblage is characterized by nearly level, very poorly drained soils that have silt and muck
surfaces and are subject to rare to frequent flooding. The predominant wetland soil units occurring on the
tract are the Pantego fine sandy loam and Bayboro mucky loam soil series. These soils occur on broad flats
and /or depressions and are very poorly drained (refer to Figure 4). Each of these soil units is characterized
by low chroma (black or dark brown), often mucky surfaces. The Pantego series has a black fine sandy
loam surface layer to approximately 15" and is underlain by a dark gray sandy clay loam. The Bayboro
series consists of organic muck to approximately 13" with grayish brown loam to approximately 17" and
underlain by grayish brown clay loam and grey clay. Other wetland soil units on the tract include Rains fine
sandy loam and Leaf silt loam. These are poorly to very poorly drained soils occurring in low flats and in
depressions of uplands.
Detailed soil evaluations were performed by a licensed soil scientist from LMG in July 2009. The
investigations included soil profile descriptions, identification of physical water, and identification of soil
morphologic indicators of site drainage. Borings were conducted in representative areas across the tract
and within each of the mapped soil units. Results from these borings suggest that the overall extent of
Bayboro soils is greater than shown in the NRCS Soil Survey. Bayboro soils were classified in areas
mapped as Pantego, Rains, and Leaf (see attached boring logs in Appendix B).
D. Hydrology /Hydraulic Characteristics
The tract is located within a non - riverine, headwater area that has been historically managed for timber
production. In an undisturbed condition, the hardwood flat wetlands tend to be seasonally saturated to
seasonally inundated, while the swamp forest community is typically seasonally to semi - permanently
inundated. An intensive drainage network (of varying ditch size) effectively drains most of the former non -
riparian wetlands occurring on the property. Drained hydric soils (i.e. low- chroma, friable soils exhibiting a
relatively high percentage of uncoated sand grains) are clearly evident along either side of existing ditches
on the tract. Subsidence around old- growth trees and oxidation of surficial organics are also indications of
long -term drainage.
Several hydrologic tools were utilized to identify the effective lateral drainage effect of ditches occurring on
the property. Site evaluations (including collection of data points, hydrologic well monitoring, and un -lined
boreholes) over an extended period of review (approximately two years) in addition to drainage analysis
(e.g. scope and effect calculations and DrainMod) have provided a body of evidence from which to
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determine an appropriate lateral drainage effect. Collectively, the data indicate a 300 -ft effective lateral
drainage distance for the collector ditches occurring on the property. Due to the reduction in available
freeboard, the lateral ditches have an estimated lateral effect of 125 ft. Beyond these distances, drainage
appears to be restricted.
The compilation of data was used to obtain a jurisdictional determination (JD) on the property. The JD
(issued on December 6, 2010) confirmed the extent of jurisdictional wetlands as presented in the wetland
delineation map in Appendix C. Appendix C also provides a copy of the JD and the findings of the detailed
drainage analysis.
E. Threatened and Endangered Species
A review of the North Carolina Natural Heritage Program database was conducted to identify rare species
known to occur within the project area. The Brice Creek property is located within the Havelock USGS
topographic quadrangles. The Heritage database documented three rare animal species having identified
occurrences within a one square -mile area of the project site. The bald eagle (Haliaeetus leucocephalus;
federally protected under the Bald and Golden Eagle Protection Act) has been sited in the vicinity of the
project area with documented active nests south of the site within the Croatan National Forest. The glossy
crayfish snake (Regina rigida; state - listed as Significantly Rare) has documented occurrences within the
Croatan National Forest. The black- throated green warbler (Dendroica wens waynei) has also been
documented in the vicinity of tract.
An intact wet hardwood forest ecosystem in the vicinity of the bank site has also been documented by the
Natural Heritage Program. This system is dominated by an assemblage of mature oaks and includes
several large tulip poplar (Liriodendron tulipifera). LMG staff has conducted evaluations of mapped,
relatively undisturbed wet hardwood communities located adjacent to the site. These areas appear to
provide suitable reference wetland habitat for monitoring of the bank site.
Since all documented occurrences of these species have been in undisturbed forested areas associated
with the Croatan National Forest and outside of the project area, it is anticipated that the wetland restoration
efforts will not have any adverse effects on threatened and endangered species. Rather, the project will
likely serve only to expand habitat suitable for refuge, feeding, and /or migration.
F. Cultural Resources
The project will not have an effect on any structures /properties eligible or listed on the National Register of
Historic Places. Based upon a review of maps at the North Carolina Office of Archives and History, there
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are no known significant archaeological resources on the restoration site. The project area is of relatively
low landscape position with numerous drainage canals. As such, the Historic Preservation Office has
determined the area to be of low probability in terms of significant archeological resources.
V. RESTORATION PLAN
A. Non - Riparian Wetland Restoration
Existing conditions throughout the site provide an opportunity for restoration and enhancement of non -
riparian wetlands. Based upon the collective body of information gathered (including DrainMod studies and
observed field indicators), a majority of the site (473 acres) is considered suitable for restoration. Smaller
portions of the tract in which hydrology has been influenced - but not to an extent to remove wetland
hydrology - have been targeted for wetland enhancement. Cumulatively, these areas total 163 acres
(Figure 6). The remaining nine (9) acres of the site consists of an existing powerline /utility easement. This
area will be excluded from any bank operations. Figure 7 provides information on the existing drainage
network throughout the project area.
Vegetation Restoration: As part of Weyerhaeuser's timber harvest schedule, much of the tract has been
recently clear -cut. Prior to planting of target wetland seedlings, all areas will be drum - chopped and a
chemical treatment will be performed to limit future competition from volunteers. Based upon landscape
position and soil type, two vegetative communities have been targeted for restoration: (1) wet hardwood
forest and (2) swamp forest (Figure 9). The wet hardwood forest will be reestablished in the higher
landscape positions, associated with the Pantego and Leaf soil series. The species assemblage for this
community will include swamp chestnut oak (Quercus michauxii), tulip poplar (Liriodendron tulipifera), willow
oak (Quercus phellos), and black gum (Nyssa sylvatica). The swamp forest community will be reestablished
in those areas consisting of mucky mineral soils or organic soils. The species assemblage for this
community will include water tupelo (Nyssa biflora), Atlantic white cedar (Chamaecyparis thyoides) and bald
cypress (Taxodium distichum). Tree seedlings will be planted on approximate 9 -ft to 10 -ft spacings
(equivalent to a density of 435 stems /acre to 538 stems /acre). It is anticipated that other characteristic
shrub species (e.g. inkberry, fetterbush, American titi) will continue to readily volunteer into the restored
wetland areas. See Table 1 for specific planting information.
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Table 1. Planting Plan for Brice Creek Wetland Restoration.
Swamp Forest
232 ac.
Non - Riparian Wetland
Common Name
Scientific Name
% Composition
# Planted
Swamp Tupelo
Nyssa biflora
20
23,200
Bald Cypress
Taxodium distichum
20
23,200
Atlantic White Cedar
Chamaecyparis thyoides
15
17,400
Green Ash
Fraxinus pennsylvanica
15
17,400
Tulip Poplar
Liriodendron tulipifera
15
17,400
Pond Pine
Pinus serotina
15
17,400
TOTAL
116,000
Wet Hardwood Forest
404 ac.
Non - Riparian Wetland
Common Name
Scientific Name
% Composition
# Planted
Swamp Chestnut Oak
Quercus michauxii
20
40,400
Willow Oak
Quercus phellos
20
40,400
Tulip Poplar
Liriodendron tulipifera
20
40,400
Cherrybark Oak
Quercus falcata
10
20,200
Black Gum
Nyssa sylvatica
10
20,200
Ironwood
Carpinus carolinium
10
20,200
American Elm
Ulnus americana
10
20,200
TOTAL
202,000
GRAND TOTAL
318,000
Note that planting is tentatively scheduled for early 2013. To promote the highest likelihood of success for
the seedlings, the planting will be performed prior to the hydrologic restoration of the site. Based upon a
January- February 2013 planting schedule, all earthwork will be completed by the end of the first full growing
season (i.e. by November 30, 2013).
Hydrologic Restoration. The proposed mitigation bank includes the restoration of up to 473 acres of non-
riparian wetland habitat via the backfilling and /or plugging of ditches. In addition, removal of a portion of the
roadbeds will allow for surface water to sheetflow along its natural gradient. A recent topographic study of
the project area determined the existing invert elevations of each ditch and canal within the project area.
This study also collected ground surface elevations throughout the tract and within adjacent parcels to
determine this risk of hydrologic trespass. Based on this information, on -site drainage is directed towards
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Great Branch in the northern section and Brice Creek in the southern section.
A total of fifty -eight (58) ditches have been identified and surveyed throughout the project area. All these
ditches originate on site and convey water to collector canals that eventually drain either to the south and
west or to the north. There are no perimeter ditches associated with the Bank site. In order to restore the
natural hydrologic conditions throughout the site, an earthen plug will be installed near the outlet of each of
these ditches (near the intersection with the main drainage canal). All plugs will be fifty (50) feet in length
and will be constructed using fine material (e.g. clay loam to clay) to restrict flow. Larger, reinforced plugs
(50 to 100 ft in length) will be installed in the collector canals. These plugs will be reinforced with filter fabric
and riprap on both the up- gradient and down - gradient ends. Final elevations of the plugs will be set to allow
for the reestablishment of characteristic wetland hydrology throughout the site during normal rainfall
conditions. However, plugs within collector canals will have final elevations that will allow for emergency
flows to exit the site in order minimize hydrologic trespass.
Existing soil roads will be removed and disked. Source material for ditch and canal plugs will be principally
derived from the existing road network. Material will be consolidated to effectively impede drainage. As a
Based upon site - specific survey and the proposed consolidation of material near the outlet of each lateral
ditch, portions of the roadside ditches will remain as open water habitat. Based upon estimated cut -fill
volumes, approximately 60% of the existing roadside canals will be backfilled with the remaining portions
consisting of open -water pools that will provide niche habitat for herpetofauna. Note that a small all- terrain
vehicle (ATV) path (approximately 8- to 10 -ft wide) will be maintained for monitoring purposes. See Figure
8 for more information regarding the proposed grading activities.
Prior to placing fill material in any of the existing ditches, a Nationwide Permit (NWP) #27 application will be
prepared and submitted to NC Division of Water Quality and US Army Corps of Engineers. The NWP will
authorize the placement of backfill and plugs within those ditches identified as jurisdictional Relatively
Permanent Waters (RPWs). As total land disturbance will exceed one acre, a sediment and erosion control
plan will also be filed with NC Division of Land Quality. The erosion control plan will include provisions for
installation of check dams and silt fencing to prevent sedimentation of down - gradient waters during
construction. Site - specific grading (including installation of the ditch plugs) will be initiated subsequent to
receipt of applicable state and federal authorizations. As indicated above, earthwork will be completed
during the latter part of the 2013 growing season to allow for the establishment of seedlings prior to
hydrologic restoration of the site.
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B. Non - Riparian Wetland Enhancement
Wetland enhancement is targeted for approximately 163 acres of the project site (Figure 6). Enhancement
areas consist of existing jurisdictional wetlands that have been affected by site drainage improvements.
Since the entire site has been historically affected by block drainage (resulting drainage influences from
three directions), enhancement is proposed within all the remaining jurisdictional wetlands. In an un- drained
condition (pre- disturbance), these wetlands are seasonally saturated to seasonally inundated (for hardwood
flats) and seasonally to semi - permanently inundated (for swamp forest).
Uncharacteristically drier conditions are evidenced through the prevalence of facultative or drier volunteer
species (such as horse - sugar, devils walking stick, and bracken fern). Lack of primary indicators of
hydrology is also evidence of drainage influences. While these areas may meet jurisdictional criteria, they
no longer exhibit characteristic hydroperiods of hardwood flat or swamp forest wetlands that would under
normal (i.e. undisturbed) conditions be seasonally saturated to the surface and /or flooded. In addition,
wetland enhancement will involve the re- establishment of characteristic wetland vegetation. These areas
will be planted at the same density as the restoration areas. As a result, the former mono - culture loblolly
pine stand will be restored to the target community types.
VI. BANK OPERATION
A. Bank Credit Determination and Use
Use of credits from the Bank to offset wetland and stream impacts authorized by federal permits or state
water quality certifications must be in compliance with the Clean Water Act, Section 404 (b)(1) guidelines
and other applicable federal and state legislation, regulations, and policies. Prior to release of bank credits,
the following requirements will be met: (1) approval of the final mitigation plan and execution of the
instrument; (2) recordation of the conservation easement; and (3) establishment of appropriate financial
assurances. Mitigation bank credits will be calculated using the following standard:
Mitigation Type Ratio
(1) Wetland Restoration 1:1
(2) Wetland Enhancement 2:1
Given the identified ratios for wetland restoration and enhancement, it is estimated that 554.5 non - riparian
wetland credits will be derived from the establishment of the Brice Creek Wetland Mitigation Bank. Credit
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types and amounts are specified within Table 2. Debiting and accounting procedures for the bank credits
will be specified within the banking instrument to be executed by the Sponsor and IRT representatives.
B. Bank Sponsor
The Bank Sponsor, Weyerhaeuser NR Company, owns fee simple title to the bank property. Therefore, the
Sponsor has control of all ditches affecting groundwater hydrology of the site. Since the restoration is
premised on re- establishment of groundwater hydrology via removal of ditches, all water rights necessary
for sustainability of the bank are secured through the fee simple ownership.
Table 2. Credit Types and Amounts
Mitigation Type
Acreage
Credits
Non-Riparian Wetland Restoration
473
473
Non - Riparian Wetland Enhancement
163
81.5
Powerline Easement
9
N/A
GRAND TOTAL
645
554.5
C. Bank Implementation and Schedule
The Sponsor has submitted a banking instrument for review and approval by the IRT. The instrument
provides detailed information regarding bank operation. Prior to execution of the banking instrument, the
Sponsor will secure appropriate financial assurances (in the form of performance bonds, letter of credit, or
similar instrument acceptable to the IRT) sufficient to assure completion of all mitigation work, required
monitoring and reporting, and any remedial actions necessary for site success. Once the final mitigation
plan is approved and the accompanying instrument executed by members of the IRT, the Sponsor will
record a conservation easement for the bank site. Site work will be initiated with planting of the site during
January and February of 2013. Implementation of earthwork will be initiated subsequent to receipt of
applicable state and federal authorizations. Construction will be completed by the end of the first growing
season (i.e. by November 30, 2013). Upon completion of construction, a survey of the project site will be
conducted and an "as- built" report will be submitted (anticipated December 2013). Based upon this
schedule of events, the first year of vegetation monitoring will be conducted in September 2013 and
continue until 2019. Hydrologic monitoring will begin upon completion of earthwork and will continue
through 2019. Tentative construction and planting dates are subject to change pending the timing of the
final approval of the Mitigation Plan and execution of the banking instrument.
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D. Geographic Service Area
The Brice Creek Mitigation Bank site is located within the Middle Atlantic Coastal Plain ( Ecoregion 63) as
defined by Griffith et al. (2002) "Ecoregions of North Carolina" (refer to Appendix A). This ecoregion
encompasses the areas defined as the `Carolina Flatwoods' and `Nonriverine Swamps and Peatlands'.
These areas commonly occur along nearly level, poorly drained areas in the outer Coastal Plain including
the Lower Neuse River (Hydrologic Unit Code 03020204) and the Bogue -Core Sounds Unit (Hydrologic Unit
Code 03020106).
The Geographic Service Area (GSA) is the designated area wherein a bank can be reasonably be expected
to provide appropriate compensation for impacts to similar wetland and /or other stream or aquatic functions.
The site is located in an interstream divide between the Lower Neuse River and the Bogue -Core Sounds
watershed — but is located within the Lower Neuse River Basin. As a result, the primary GSA will be the
Lower Neuse HUC Unit (03020204) (refer to Figure 10). However, use of the Brice Creek Wetland
Mitigation Bank for compensatory mitigation in adjacent HUCs will be permissible on a case -by -case
determination. In particular, use of the Bank to offset wetland impacts occurring in the adjoining Bogue-
Core Sounds HUC (03020106) may be appropriate in light of the following considerations:
(1) the Bank site is located in close proximity to the adjoining HUC;
(2) the Bogue -Core Sounds HUC is a coastal watershed unit lacking distinct boundaries and with
portions of it draining to the Pamlico Sound (the same receiving waterbody as that of the
Lower Neuse River); and
(3) the adjoining HUC consists of similarly- situated wetland types providing the same water quality
and habitat functions (thus use of Brice Creek Mitigation Bank would provide for the functional
replacement of wetlands that are permitted to be impacted).
The restored wetlands of the Bank site will provide for the re- establishment of functions typical for non -
riparian wetlands of the Coastal Plain of North Carolina. These functions include: (1) nutrient
removal /transformation; (2) surface water storage /floodflow attenuation; (3) sediment/pollutant capture and
retention; (4) groundwater discharge and recharge; and (5) wildlife habitat. Use of the Brice Creek Wetland
Mitigation Bank will provide for suitable replacement of functions of non - riparian wetland types commonly
occurring throughout the GSA. Based upon the documented presence of similarly occurring wetland habitats
outside of the designated GSA, the use of the Brice Creek Wetland Mitigation Bank for compensatory
mitigation of impacts occurring beyond the defined limits of the GSA may be considered and approved
provided it is deemed preferable to other mitigation alternatives identified during Section 404/401 permitting.
Brice Creek Wetland Mitigation Bank (Craven County, North Carolina) 13
Mitigation Plan — August 2012

VII. POST- CONSTRUCTION MONITORING AND MANAGEMENT
A. Non - Riparian Wetland Restoration Success Criteria
Upon agency concurrence of the final wetland mitigation plan, mitigation site activities will be initiated. Staff
environmental scientists will be present during project construction to ensure that the work is consistent with
the proposed design. An `As- Built' survey will be prepared to document site conditions immediately post -
construction. The `As- Built' survey will depict the location of permanent vegetation plots and installed
hydrologic monitoring devices. The mitigation site will be monitored annually for a period of up to seven (7)
years (or until such time deemed successful) whichever is longer, to document site development over time.
Note that during the development of the banking instrument, the Sponsor will coordinate with the IRT for the
final, accepted terms and duration of post- construction performance monitoring. The site will be evaluated
based upon performance criteria related to vegetative density and wetland hydrology.
The proposed primary success criteria for the mitigation bank are:
(1) Demonstrated density of planted species to meet or exceed 210 trees per acre at the end of 7
years (post planting)'.
(2) The hydrologic criterion is premised on the specific community type to be restored.
(a) For the non - riverine wet hardwood forest community (mineral soils), the
hydrologic criterion will be the establishment of a static water table at, or within, 12" of
the soil surface for 6% of the growing season2 (equivalent to 18 days based upon a
growing season from February 1 through November 30) during periods of normal
rainfall.
(b) For the non - riverine swamp forest community (organic soils), the hydrologic
criterion will be the establishment of a static water table at, or within, 12" of the soil
surface for 10% of the growing season2 (equivalent to 30 days based upon a growing
season from February 1 through November 30) during periods of normal rainfall.
Vegetation Monitoring: The vegetation monitoring protocol is based upon accepted methods used for other
large -scale mitigation bank sites of North Carolina. Specifically, 2% of the wetland restoration area will be
monitored via the establishment of permanent 0.10 -acre plots. This area includes areas currently managed
1 Preferred volunteer species can be counted toward the success criteria upon evaluation of site - specific conditions
and concurrence by IRT members.
2 Growing season length based upon recent guidance from the USACE Wilmington District
Brice Creek Wetland Mitigation Bank (Craven County, North Carolina) 14
Mitigation Plan — August 2012

for silvicultural resources, construction corridors, and removal of existing road beds. Given the proposed
acreage, a total of ninety -four (94) plots will be established. GPS coordinates for the centers of each
sampling plot will be recorded and included with the `as- built' survey and subsequent annual monitoring
reports. During monitoring, surviving planted individuals and volunteer individuals will be enumerated within
each plot. Height information will also be collected for each plot; however, there will be no specific success
criterion related to stem heights. Vegetation monitoring will run throughout the length of the hydrologic
monitoring for a minimum duration of seven years.
Hydrology Monitoring: Shallow groundwater hydrology will be monitored via twenty -four (24) automated
wells (RDS, Inc. WM -20s) located within the restoration areas. Wells will be installed in accordance with
installation methods outlined in the Wetlands Regulatory Assistance Program (WRAP) Technical Note 00 -02
(Sprecher, 2000). Water levels will be recorded once daily. Data will be downloaded from the wells every
three months (i.e. once quarterly). Data from well downloads will be compiled and graphically displayed to
demonstrate hydroperiods of monitored areas. Three (3) soil temperature probes will be installed at the site
to provide ancillary information on the start and end dates of the growing season. Based upon recent
guidance from the Wilmington District COE, the 300 -day growing season (beginning February 1 and ending
November 30 of each year) will be used for the purpose of evaluating groundwater hydrology data.
Reference Sites: Hydrologic monitoring will also be conducted within the reference areas located within the
Croatan National Forest (adjacent to the bank site). A total of six (6) wells will be installed prior to the
initiation of construction activities. Water table data downloaded from these wells will be used to establish
baseline conditions in the event of abnormal precipitation conditions within the monitoring period. Data will
also be included in the AMR to allow for additional comparative analysis.
B. Non - Riparian Wetland Enhancement Success Criteria
A total of 163 acres of wet hardwood habitat has been targeted for wetland enhancement. These areas are
located directly adjacent to those targeted for restoration in forested sections of the tract. Enhancement will
be achieved via re- establishment of the characteristic groundwater hydrology. Natural hydroperiods have
been compromised by the presence of forestry and roadside ditches in the vicinity of these forested blocks.
Upon completion of the identified earthwork (e.g. removal of roadbeds and plugging of outlet ditches), these
areas will exhibit hydroperiods more characteristic of relatively undisturbed non - riverine hardwood flat and
non - riverine swamp forest wetlands. As a result, the hydrologic success criterion for these areas will be
identical to the hardwood flat and swamp forest wetland restoration portion of the project:
Brice Creek Wetland Mitigation Bank (Craven County, North Carolina) 15
Mitigation Plan — August 2012

(a) For the non - riverine wet hardwood forest community (mineral soils), the hydrologic
criterion will be the establishment of a static water table at, or within, 12" of the soil surface for
6% of the growing season3 (equivalent to 18 days based upon a growing season from
February 1 through November 30) during periods of normal rainfall.
(b) For the non - riverine swamp forest community (organic soils), the hydrologic criterion will
be the establishment of a static water table at, or within, 12" of the soil surface for 10% of the
growing season3 (equivalent to 30 days based upon a growing season from February 1
through November 30) during periods of normal rainfall.
In order to document the hydrologic enhancement, twelve (12) shallow automated wells (RDS, Inc. WM -20s)
will be installed within the 163 -acre enhancement area. These wells will be installed in accordance with
installation methods outlined in the Wetlands Regulatory Assistance Program (WRAP) Technical Note 00 -02
(Sprecher, 2000). Water levels will be recorded once daily. Data will be downloaded from the wells every
three months (i.e. once quarterly). Data from well downloads will be compiled and graphically displayed to
demonstrate hydroperiods of monitored areas.
VIII. SITE MANAGEMENT
A. Adaptive Management
The Brice Creek Mitigation Bank is planned and designed to be self- sustaining over time, but some active
management or maintenance may be necessary to ensure the long term sustainability of the mitigation
efforts. The adaptive management approach involves analysis of monitoring results to identify potential
problems occurring on the site and the identification and implementation of measures to rectify those
problems. Remedial actions may include, but are not limited to, mechanized earth work (e.g. adjustment to
the invert elevations of earthen plugs) or supplemental planting in the event areas do not meet vegetative
success criteria. Prior to initiating any remedial actions the proposed measures will be submitted to the
USACE for review and approval.
Performance and functioning of the mitigation site may be affected by various causative factors, both natural
and anthropogenic. Natural hazards may include invasive species and /or excessive herbivory. Human
errors may include design flaws, construction deviation, and /or inadequate planting coverage. To minimize
these potential problems, the following strategies may be employed:
3 Growing season length based upon recent guidance from the USACE Wilmington District.
Brice Creek Wetland Mitigation Bank (Craven County, North Carolina) 16
Mitigation Plan — August 2012

1. If herbivory appears to be jeopardizing the survivorship of planted species, discussions with
appropriate agencies will be initiated to determine an appropriate course of action.
2. Beavers will be trapped from the tract if significant damage appears to be caused by beaver
activity.
3. Construction errors will be identified as early as possible via the as -built report. If it appears
as those potential errors jeopardize the integrity of the project, appropriate remedial action will
be identified and submitted to the USACE for concurrence prior to implementation.
4. Planting errors in spacing density or coverage will be minimized by careful coordination with
planting crews. An account of planted stems will be provided with the as -built report.
5. If monitoring indicated a potential design flaw, remediation options will be reviewed.
6. In the event groundwater monitoring wells are damaged by bears, barb -wire fencing and /or
other acceptable deterrents may be used to protect wells from further damage.
B. Long -Term Management
Land use and property boundaries along with the proposed mitigation plan were designed to minimize long
term management conflicts. As a result, the potential for hydrologic and boundary conflicts have been
minimized. The Sponsor has identified the North Carolina Coastal Land Trust (a 501 (c)3 entity) as the
grantee of the conservation easement deed and long -term steward of the site. The recorded conservation
easement deed will ensure the protection of the project in perpetuity.
IX. CONCLUSION
Detailed site investigations of the Brice Creek Mitigation Bank site indicate that significant acreage of
former wetland habitat has either been degraded or removed entirely via historical silvicultural practices
(i.e. drainage and conversion to loblolly pine stands). Based on these investigations a total of 636 acres
are suitable for restoration and enhancement of wetlands (comprised of non - riverine wet hardwood flats
and non - riverine swamp forest wetlands). Restoration efforts throughout the 636 -acre area will provide
tangible benefits to water quality and habitat in a rapidly urbanizing watershed. Additional benefits will
also be realized through increases in flood water retention and groundwater recharge rates.
By providing wetland restoration credits prior to authorized impacts, overall disturbance and loss of
function within the watershed are minimized. Furthermore, the proposed hardwood forest plantings will
provide improved habitat for resident and migratory fauna. The site is particularly well- suited for
Brice Creek Wetland Mitigation Bank (Craven County, North Carolina) 17
Mitigation Plan — August 2012

restoration due to the level of prior disturbance and its proximity to protected federal lands (i.e. Croatan
National Forest). Preservation of the Brice Creek Mitigation Bank site will provide for significant habitat
connectivity with these adjacent protected lands. Overall, the project has the potential to generate
ecological benefits on both a local watershed and regional level.
Brice Creek Wetland Mitigation Bank (Craven County, North Carolina) 18
Mitigation Plan — August 2012

X. SOURCES OF INFORMATION
North Carolina Division of Water Quality. 2006. Classifications and Water Quality Standards Applicable to
Surface Water and Wetlands of North Carolina. Raleigh, NC.
North Carolina Wetland Functional Assessment Team (WFAT). 2010. N.C. Wetland Assessment Method
(NC WAM) User Manual, Version 4.1 (October 2010). 127 pp.
Schafale, M.P. 2008. Nonriverine Wet Hardwood Forests in North Carolina: Status and Trends. NC
Natural Heritage Program. Raleigh, N.C. 15 pp.
Schafale, M.P. and A.S. Weakely. 1990. Classification of the Natural Communities of North Carolina. Third
Approximation. N.C. Natural Heritage Program , Raleigh, N.C.
Sprecher, S. W. (2000). "Installing Monitoring Wells /Piezometers in Wetlands," ERDC TN- WRAP- 00 -02,
U.S. Army Research and Development Center, Vicksburg, MS.
US Census Bureau. 2009. http: / /www.census.gov/ compendia /statab /cats/population.htm1. Accessed on
October 15, 2009.
Brice Creek Wetland Mitigation Bank (Craven County, North Carolina) 19
Mitigation Plan — August 2012

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Brice Creek Wetland Mitigation Bank Figure 1
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LAND MANAGEMENT GROUP INC. Vicinity icinity Map
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Brice Creek Wetland Mitigation Bank
Craven County, NC
01 -07 -098
LMG
LAND MANAGEMENT GROUP. -
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Figure 2
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Brice Creek Wetland Mitigation Bank
Craven County, NC
01 -07 -098
LMG
LAND MANAGEMENT GROUP. -
fnnOronmental Consultants
Figure 2
USGS Topgraphic Map

*Boundaries are approximate ano are
not meant to be absolute.
Map Source: Catfish Lake (1994) and Havelock (1994) Quadrangle 7.5 minute (topographic)
Brice Creek Wetland Mitigation Bank
Craven County, NC
01 -07 -098
LMG
LAND MANAGEMENT GROUP. -
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Lynchburg fine sandy loam
Masontown mucky fine sandy loam and Muckalee sandy loam, frequently flooded
Norfolk loamy fine sand, 2 to 6 percent slopes
Onslow loamy sand
Pantego loam
Rains fine sandy loam
Torhunta fine sandy loam
*Boundaries are approximate and are
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Brice Creek Wetland Mitigation Bank
Craven County, NC
01 -07 -098
LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
1
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Map Source: NRCS Soil Survey.
Figure 4
USDA -NRCS Soils Map

*Boundaries are approximate ano are
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Map Source: 1998 NAPP aerial photography
Brice Creek Wetland Mitigation Bank
Craven County, NC
01 -07 -098
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LAND MANAGEMENT GROUP. -
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Figure 5
Aerial Photograph

r '
LEGEND
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PROJECT BOUNDARY - 645 AC.
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INFORMATION FROM:
Bell and Phillips Surveying, PLLC.
604E Cedar Point Blvd.
Cedar Point, N.C.
(252)393 -6101.
NOTE: This Is Not An Engineered, Survey, or Architectural Drawing.
/'+ Project: Date: Revision Date:
LMG Brice Creek Mitigation Bank September 2009 3/2/2012
LAND MANAGEMENT GROUP— applicant. Scale: Job Number:
0 200 400 800 1,600 a ^vr, ^ ^me ^r�rco ^ :m, ^ ^r, Applicant: 1" =800'
WEYCO 01 -07 098
Post Office Box 2522 Title: Drawn By:
Wilmington, North Carolina 28402 Restoration Plan CBM Figure
Telephone:[phone]
LAWETLANDS\2007 WETLANDS FILES\01-07-098 --- Craven35Mitigation,McLendon\ACAD\Fig6-Craven35-restorationplan-rev.dwg

LEGEND
PROJECT BOUNDARY
EXISTING DITCH NETW01
EXISTING GROUND ELEF
MONITORING WELL LOCA;
1 600
THIS MAP IS BASED ON ORIGIANL
DRAWINGS AND /OR SURVEY
INFORMATION FROM:
Bell and Phillips Surveying, PLLC.
604E Cedar Point Blvd.
Cedar Point, N.C.
(252)393 -6101.
DOTE: This Is Not An Engineered, Survey, or Architectural Drawing.

LEGEND �-
0
PROJECT BOUNDARY - 645 AC.
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NOTES:
Material taken from dirt roads will be used to backfill roadside ditches.
Ditches will be filled to the maximum extent practicable with available
road material.
Former roads will continue to provide ATV / 4 wheeler access.
This is not an engineered, survey, or architectural drawing.
Project: Date: Revision Date:
LMG Brice Creek Mitigation Bank 4/6/2012 4/16/2012
LArmAIAN413EME T131'MIT Applicant Scale: Job Number:
try „�rroe "�rr, ",wmn.:
WEYCO 1" -800' 01 -07 -098
Post Office Box 2522 Title: Drawn By:
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Appendix A. Ecoregion Map

Ecoregions of North Carolina
84' 83° 82° 81° 8o° 79° 78° 77° 76°�}�
L
66 s 45 ^ 65 _ 63 A'7i�1
69 Lake 63e s
63d
6 m vos �� caDO
a
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63e
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� - f 4 Winst 45f
6M ARta SOUND 63
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66 66i 66 t
L Mo �
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l "ei � uarew<. � x�nae� � 63e �
66i ,/ 45b 45c _
66 s evr 66 -- eenvil
�-
45e - L -- b
163e R _
5 m - g
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rnmcr
6 g66d
— Cha tt -_ 63g
35°
6 \�6d > 65c,�'�
-�.' _ 6� 66 _1 Lake i Fayet� 1 e %�
35°
�� `•. Green a e I V 45 � � 65 ' ./
--
66 .�� - -- - - - - -- 1 — — �D 3 63h -
_ s SITE
651
45
65p �3n a A T L A N T I C
4 �� I _ - - 65 `� A\� wit ' gton C C E A N
i
63
34°
_ 1L �- / —\
ens _> / -�
34°
� umbia 63
LONG BAY
Beach
84° 83° 82° 81° so° 79° 78° 77° 76°
45 Piedmont 65 Southeastern Plains Ecoregions denote areas of general similarity in ecosystems and in
D 45a Southern Inner Piedmont 0 65c Sand Hills the type, quality, and quantity of environmental resources. They
are designed to serve as a spatial framework for the research,
D 45b Southern Outer Piedmont M 651 Atlantic Southern Loam Plains Level III ecoregion assessment, management, and monitoring of ecosystems and
D 45c Carolina Slate Belt 65m Rolling Coastal Plain Level IV ecoregion ecosystem components. The approach used to compile this map is
D 45e Northern Inner Piedmont M 65p Southeastern Floodplains and Low Terraces County boundary based on the premise that ecological regions can be identified
0 45f Northern Outer Piedmont 66 Blue Ridge - - - -- State boundary through the analysis of the patterns of biotic and abiotic
0 45g Triassic Basins 0 66c New River Plateau phenomena that reflect differences in ecosystem quality and
0 45i Kings Mountain integrity. These phenomena include geology, physiography,
D 66d Southern Crystalline Ridges and Mountains vegetation, climate, soils, land use, wildlife, and hydrology. The
63 Middle Atlantic Coastal Plain D 66e Southern Sedimentary Ridges relative importance of each characteristic varies from one
D 63b Chesapeake - Pamlico Lowlands and Tidal Marshes 0 66g Southern Metasedimentary Mountains ecological region to another regardless of the hierarchical level.
63c Nonriverine Swamps and Peatlands 66i High Mountains o s o o m; The Ecoregions of North Carolina map was compiled at a scale of
15
D 63d Virginian Barrier Islands and Coastal Marshes 66j Broad Basins 1:250,000. Compilation of this map is part of a collaborative
30 20 to o 60 project primarily between the US EPA, USDA -NRCS, NC DENR,
D 63e Mid - Atlantic Flatwoods 66k Amphibolite Mountains Aloe s Equal Area Proje fi as well as with other state and federal agencies. Comments and
on
63g Carolinian Barrier Islands and Coastal Marshes 661 Eastern Blue Ridge Foothills suggestions regarding this map should be addressed to Glenn
D 63h Carolina Flatwoods 66m Sauratown Mountains Griffith, USDA -NRCS, 200 SW 35th Street, Corvallis, OR 97333,
63n Mid - Atlantic Floodplains and Low Terraces (541) 754 -4465, email: griffith.glenn @epa.gov, or to James
Omernik, U.S. EPA - NHEERL, 200 SW 35th Street, Corvallis,
OR97333, (541)754 -4458, email: omernik.james @epa.gov.

Appendix B. Soil Boring Logs

Craven 3 5
Wetland Mitigation Study
Detailed Soil Profile Descriptions
July 10, 2009
Boring 1 0 -1%
A — 0 -7" Sandy Loam, granular, friable slightly sticky non plastic, 10YR 3/1.
Btg — 7 -35" Clay, weak coarse subangular blocky, friable very sticky very plastic, IOYR
5/1 with IOYR 5/8 mottles.
BCg — 35 -41" Sandy Clay, Massive parting to weak coarse subangular blocky, friable
moderately sticky moderately plastic, 10YR 7/2 with 10YR 5/8 mottles.
Cg — 41 -48" Sandy Loam, massive friable slightly sticky non plastic, 10YR 7/1 with
IOYR 5/6 mottles.
Physical Water: 30"
Vegetation: Clear Cut
Soil Series: Drained Bayboro Series
NRCS Map Unit: Pantego
Boring 2 0 -1%
A — 0 -17" Loam, granular, friable slightly sticky non plastic, IOYR 3/1.
Btg — 17 -44" Clay Loam, weak coarse subangular blocky, friable moderately sticky
moderately plastic, IOYR 5/1 with IOYR 5/6 mottles.
BCg — 44 -48" Clay Loam, Massive parting to weak coarse subangular blocky,
moderately sticky moderately plastic, 10YR 7/2 with 10YR 5/6 mottles.
Physical Water: 16"
Vegetation: Clear Cut
Soil Series: Drained Bayboro Series
NRCS Map Unit: Leaf
Boring 3 0 -1%
A — 0 -10" Sandy Loam, granular, friable slightly sticky non plastic, IOYR 3/1.
BtgI — 10 -31" Clay, weak coarse subangular blocky, friable very sticky very plastic,
10YR 4/1 with 10YR 5/6 mottles.
Btg2 — 31 -48" Clay Loam, weak coarse subangular blocky, moderately sticky moderately
plastic, IOYR 7/2 with IOYR 5/8 and 6/5G mottles.
Physical Water: 20"
Vegetation: Clear Cut
Soil Series: Drained Bayboro Series
NRCS Map Unit: Bayboro

Boring 4 0 -1%
A — 0 -9" Sandy Loam, granular, friable slightly sticky non plastic, 10YR 3/1.
BtgI — 9 -24" Clay, weak coarse subangular blocky, friable very sticky very plastic, IOYR
5/1.
Btg2 — 24 -32" Clay Loam, weak coarse subangular blocky, moderately sticky moderately
plastic, 10YR 7/2 with 10YR 5/6 mottles.
BCg — 32 -48" Clay Loam, Massive parting to weak coarse subangular blocky,
moderately sticky moderately plastic, IOYR 7/2 with IOYR 5/8 and 6/5G mottles.
Physical Water: NA
Vegetation: Loblolly Pine Stand
Soil Series: Drained Bayboro Series
NRCS Map Unit: Bayboro
Boring 5 0 -1%
A — 0 -5" Loamy Sand, granular friable non sticky non plastic, 10YR 3/1.
AB — 5 -18" Sandy Loam, granular, friable slightly sticky non plastic, 10YR 4/2.
Btgl — 18 -25" Sandy Clay Loam, weak coarse subangular blocky friable slightly sticky
slightly plastic, IOYR 5/1 with IOYR 5/6 mottles.
Btg2 — 25 -48" Clay Loam, weak coarse subangular blocky friable moderately sticky
slightly plastic, 10YR 6/1 with 10YR 5/8 mottles.
Physical Water: 15"
Vegetation: Clear Cut
Soil Series: Drained Rains
NRCS Map Unit: Rains
Boring 6 0 -1%
AB — 0 -16" Sandy Loam granular, friable slightly sticky non plastic, 10YR 3/1
BtgI — 16 -31" Sandy Clay Loam, weak coarse subangular blocky friable slightly sticky
slightly plastic, IOYR 5/2.
Btg2 — 31 -48" Clay Loam, weak coarse subangular blocky friable moderately sticky
slightly plastic, IOYR 6/2.
Physical Water: 30"
Vegetation: Clear Cut
Soil Series: Drained Rains
NRCS Map Unit: Rains
Boring 7 0 -1%
A — 0 -12" Sandy loam, granular, friable slightly sticky non plastic, IOYR 3/1.
BtgI — 12 -30" Clay, weak coarse subangular blocky firm, very sticky very plastic, 10YR
5/1 with 10YR 5/6 mottles.
Btg2 - 30 -48" Clay, weak coarse subangular blocky firm, very sticky very plastic, IOYR
6/1 with IOYR 5/8 and 6/5G mottles.
Physical Water: 32"
Vegetation: Clear Cut
Soil Series: Drained Bayboro
NRCS Map Unit: Pantego

Boring 8 0 -1%
A — 0 -15" Sandy loam, granular, friable slightly sticky non plastic, 10YR 3/1.
BtgI — 15 -35" Clay, weak coarse subangular blocky firm, very sticky very plastic, 10YR
5/1 with 7.5YR 5/8 mottles.
Btg2 — 35 -48" Sandy Clay Loam with pockets of Sandy Loam along ped faces, weak
coarse subangular blocky friable slightly sticky slightly plastic, IOYR 7/1 with IOYR 5/8
and 7.5YR 5/8 mottles.
Physical Water: 34"
Vegetation: Clear Cut
Soil Series: Drained Bayboro
NRCS Map Unit: Pantego
Boring 9 0 -1%
A — 0 -11" Sandy loam, granular, friable slightly sticky non plastic, 10YR 3/1.
BtgI — 11 -25" Clay, weak coarse subangular blocky firm, very sticky very plastic, IOYR
5/1 with 10YR 5/6 mottles.
Btg2 — 25 -48" Sandy Clay, weak coarse subangular blocky, friable moderately sticky
moderately plastic, 6/1 with IOYR 5/8 mottles.
Physical Water: 26"
Vegetation: Clear Cut
Soil Series: Drained Bayboro
NRCS Map Unit: Bayboro
Boring 10 0 -1%
A — 0 -6" Loamy Sand, granular friable non sticky non plastic, 10YR 3/1.
Eg — 6 -12" Loamy Sand, granular, friable non sticky non plastic, 10YR 6/2 with 10YR
5/6 mottles.
Btgl — 12 -19" Sandy Clay Loam, weak medium subangular blocky friable slightly sticky
slightly plastic, 10YR 6/2 with 10YR 5/8 mottles.
Btg2 — 19 -35" Clay Loam, weak coarse subangular blocky friable moderately sticky
moderately plastic, 10YR 7/1 with 10YR 5/8 mottles.
BCg — Sandy Clay Loam, Massive parting to weak coarse subangular blocky friable
moderately sticky slightly plastic, IOYR 7/1 with IOYR 5/6 mottles.
Physical Water: 25"
Vegetation: Clear Cut
Soil Series: Raines
NRCS Map Unit: Leaf

N Soil Boring Locations
Brice Creek Wetland Mitigation Bank
Craven County ^�LMG
1,200 L Y A 00 LAND MANAGEMENT GROUP. -
L Environmental Consultants
ft

Appendix C. Wetland Delineation and Jurisdictional Determination

Brice Creek Wetland Mitigation Bank
Craven County, NC
Wetland Delineation — Summary of Findings
I. Introduction
The following is a summary of findings for site investigations conducted on the proposed Brice Creek
Wetland Mitigation Bank site (aka Craven 35) owned by Weyerhaeuser Company. The site is located south
of US Highway 70 in Craven County, NC. It is bordered to the south and west by a tributary of Brice Creek.
Please refer to the Mitigation Plan September 2010 for more detailed site information. In April 2009, Land
Management Group, Inc. (LMG) received an Evaluation Letter from your office authorizing the preparation
of the Banking Instrument and Mitigation Plan for the proposed project. On July 8th, 2009, additional
information pertaining to the limits of jurisdictional wetlands was requested by your office. LMG has
conducted site evaluations over the course of 3 years and over varying antecedent rainfall conditions. The
following is a summary of the body of information that have been used to determine the limits of
jurisdictional wetlands. Supporting maps, data points, hydrographs, and DrainMod results are incorporated
for reference. Based on the information provided below and subsequent site review by the USACE, the limits
of jurisdictional wetlands and waters have been confirmed for the bank site.
II. Site Conditions
A. General Tract Information
Refer to the Restoration Plan for the enclosed site location map (Figure 1), USGS topographic quadrangle
(Figure 2), LIDAR 2 foot contour data (Figure 3), and the Craven County Soil Survey map (Figure 4) for
general site information. A 1998 infra -red aerial photograph of the site (Figure 5) is also enclosed for
reference.
The proposed mitigation bank site (approximately 645 acres) consists predominantly of former headwater
wetlands that drain to Great Branch (a first -order tributary of the Trent River), Tucker Creek (a first -order
tributary of the Neuse River), and the East Prong (a first -order tributary of the Trent River). Non - riparian
wetlands have been historically ditched and managed on the tract for silvicultural production. Flow is
diverted into the East Prong that drains to Brice Creek and subsequently into the Trent and Neuse Rivers.
The site consists entirely of hydric soils characteristic of broad interstream flats of the outer Coastal Plain.
Representative mapped soil units include Bayboro mucky loam, Pantego fine sandy loam, Rains fine sandy
loam, and Leaf silt loam. These series are poorly drained to very poorly drained soils characteristic of non -
riparian wetlands of nearly level, broad interstream areas. Elevations of the tract range between 24 and 30 ft
above Mean Sea Level (MSL).
The site has been converted to a monoculture loblolly pine plantation. As such, the dominant canopy species
is loblolly pine (Pinus taeda) (currently in different stages of stand management). Understory vegetation is
comprised of wax myrtle (Morella cerifera), red bay (Persea palustris), and saplings of sweet gum
(Liquidambar sytraciflua) and red maple (Acer rubrum). Areas influenced by site drainage consist of non-
characteristic species indicative of drier conditions. These include black cherry (Prunus serotina), water oak
(Quercus nigra), yellow jasmine (Gelsimium sempervirens), horse sugar (Symplocos tinctoria), bracken fern
(Pteridium aquilinum), and dog fennel (Eupatorium capillifolium).
B. Ditch Network
Open ditching on approximate 330 -ft spacing for timber management has significantly influenced site
hydrology. The installation of ditches was initiated some time before 1974 (ditches are visible on the 1974
aerial of the county soil survey). Staff from Weyerhaeuser Timberlands Section reports that ditching of the

Craven 35 tract began in the late 1960's or early 1970's. Please refer to Figure 2 and Figure 3 depicting the
extent of the drainage network in 1974 and 1981, respectively. The drainage network (see Figure 7 of
Restoration Plan) serves to lower groundwater tables and intercept surface water. The established 330 -ft
pattern drainage is typically used by timber companies to effectively lower groundwater and increase the site
index for loblolly pine. LMG staff collected detailed information for each of the lateral ditches and collector
canals located on the site. The ditch evaluation included an assessment of the ditch geometry, observed
water depth within the ditch /canal, and observed indicators of Ordinary High Water Mark (OHWM). While
ditch depths and widths vary across the site, the smallest ditches (3 -ft deep by 4 -ft wide) occur on the
northern portion of the tract. Generally, the lateral ditches throughout much of the property are 4- to 5 -ft
deep and 6- to 8 -ft wide. Of the 52 lateral ditches evaluated, 50 have indicators of OHWM and are thus
considered relatively permanent waters (jurisdictional RPW). OHWM indicators included deposition,
shelving, impression on banks, and change in plant community. The roadside collector canals vary in size. In
general, these features are 5- to 8 -ft deep and 10- to 14 -ft wide. The collector canals exhibited indicators of
OHWM and are thus considered to be jurisdictional RPWs. With the exception of one ditch (located south of
the power line easement and west of `Kickin Machine Road'), water within the laterals was less than 6 inches
during the evaluation (July 10, 2009). Note that antecedent rainfall conditions for the site evaluation were
above normal using both the rolling 30 -day sum and the 90 -day weighted sum methods (see below). Water
depths within the collector canals ranged between 10 and 18 inches during the same site visit. Refer to the
attached map (Figure 1) depicting the location of the jurisdictional RPW's and the non jurisdictional ditches
on the site.
C. Data Points
As indicated, LMG has had the opportunity to evaluate the site over a range of antecedent rainfall conditions.
The basis for the delineation is premised on observed field indicators as documented on the attached Wetland
Determination Data Forms (Atlantic and Gulf Coastal Plain Regions). These data points were collected in
fifteen locations across the site on January 8, May 6, and July 10 (2009). Refer to Figure 1 for a map of the
data point locations. In accordance with ERDC /EL TR- 08 -30, rainfall of the three -month period prior to the
site visits was evaluated and compared to the 30 -year long -term climatic data to determine if the 90 -day
antecedent period was normal, wet, or dry. Precipitation in the 90 -day periods prior to January 1, May 6, and
July 10 was normal, dry, and wet, respectively. All data point locations exhibited conditions satisfying the
hydrophytic vegetation criterion (i.e. dominance test > 50 %). However, it should be noted that the vegetative
composition tended to be dominated by FAC species (with few characteristic FACW species occurring on
the property). As indicated above, the site consists entirely of hydric soils. The hydric soil criterion was met
at all data point locations through the presence of a depleted matrix (F3) and /or depleted horizon below a
dark surface (A11). Please refer to attached data forms (Attachment A).
Many of the data point locations did not exhibit indicators of wetland hydrology even during normal
precipitation and during the time of year typically considered to be wetter (i.e. January). Generally,
observations of the site suggest that areas located greater than 150 ft from a lateral drainage ditch tended to
exhibit wetter conditions (i.e. water table within 12 inches of the soil surface). This is particularly evident in
the northern portion of the tract (located north of the power line easement). Drainage in this area appears to
be more restrictive and water tables were typically higher over repeated site visits. Conversely, the area
south of the power line easement near the turn of `Kickin Machine Road' consists of slightly better drained
soils. In this location, both observed water tables and recorded groundwater levels (via RDS WM -40
monitoring wells) indicate drier conditions.
III. Groundwater Monitoring
Thirty -two (32) groundwater monitoring wells were installed on -site in February 2007. Wells were installed
in various areas of the tract to determine groundwater levels across the site (refer to Figure 1). Many of the
wells were installed within the interior portions of blocks to provide an indication of the extent of the
drainage influence exerted by ditches located on either side of the forestry block. Over 2 '/2 years of data has

since been collected on the site. The longer duration of the well monitoring has allowed for an evaluation of
shallow groundwater hydrology over a range of precipitation conditions. For the purpose of the data
analysis, the threshold for wetland hydrology is 12 consecutive days (equivalent to 5% of the growing
season) of flooding, ponding, or water table within 12 inches of the soil surface during normal or abnormally
dry conditions. The growing season as identified by both WETS 30 -year long -term climatic data and SCS
data for Craven County (NC) is 240 days (March 18 to November 15). Analysis of well data over a range of
conditions (particularly during normal and above normal rainfall periods) can provide valuable supporting
documentation of shallow groundwater response in an area influenced by site drainage (i.e. ditches).
The hydrologic graphs (on attached CD) depict continuous groundwater levels over the course of the 2 '/2
year monitoring period. As illustrated on the attached graphs, wells 4 1, 2, 3, 5, 6, 8, 9, 10, 11, 12, 13, 14,
15, 16, 19, 20, 21, 26, 31, and 32 remain within the upper 12 inches of the soil surface for periods greater
than 12 days during normal rainfall conditions. Wells 4 4, 7, 17, 18, 22, 23, 24, 25, 27, 28, 29, and 30
exhibit more rapid discharge and do not exhibit wetland hydrology. This information is provided as
supporting documentation of conditions of the site and is not intended to be relied upon solely for the
jurisdictional determination.
IV. DrainMod
A. Summary of Initial Submittal with Bank Prospectus
Hydrologic monitoring of the property was initiated in February 2007 (see above). Preliminary DramMod
results for four (4) wells (in locations representing each of the major soil units within the project area) were
submitted with the original bank prospectus. Wells were generally sited within the middle of each forestry
block (mid -point between two lateral drainage ditches). Each of the DramMod model runs was configured
using a three month (March — May) dataset. Antecedent (30 -day running totals) rainfall totals during this
period were variable, with periods of normal, wet, and dry conditions. Calibrations were then used to model
water table levels over a 30 -year period (1959- 1989). In each of these years, DrainMod calculated the
number of consecutive days where water tables were within 12 inches of the soil surface between April 6h
and October 28th. The wetland hydrology criterion was met when levels remained within 12 inches of the
soil surface for a period of fourteen (14) consecutive days during this period. Each of the wells failed to
meet this criterion for a sufficient number of years to be considered jurisdictional wetlands. As these wells
were spaced between 120 ft to 380 ft from a lateral ditch, a lateral drainage effect of 150 ft was proposed for
each of the ditches on the property. Note that the same 150 -ft offset was applied to the larger collector canals
(5- to 8 -ft deep).
B. Additional Modeling
Several of the initial calibrations were re- evaluated in August 2009 using additional data from the ongoing
study. The calibration period was extended from 6 months, utilizing data from November 2007 to April
2008. This extended calibration period is considered sufficient to more accurately model the existing
hydrology of the site (Skaggs, pers. comm.). The extended data set also provides a normal range of values,
with approximately 75% of the period falling within the published WETS table ranges. The normal rainfall
period also extended into the early growing season which is typically viewed as the critical assessment point
for wetland hydrology assessment.
The updated calibrations were then used to model water table levels over a 40 -year period (1950- 1990). In
each of these years, DrainMod calculated the number of consecutive days where water tables were within 12
inches of the soil surface between April 6th and October 28th. Results from the updated calibration showed an
increase in the number of years meeting the wetland hydrology criterion (from that previously identified in
the bank prospectus). For example, model results for Well 5 met the criteria for 37 of the 40 years (92 %)
compared to 9 of the 30 years (30 %) in the initial assessment.

Results from the updated DramMod study do not support the uniform 150 -ft offset that was applied to the
site design presented in the bank prospectus. The predicted lateral drainage influence for the lateral ditches
is likely to be less. However, a larger offset for the collector canals is appropriate. This trend is illustrated
by comparing results for Well 25 and Well 31. These wells were located in Bayboro soils at similar
distances from lateral drainage ditches (175 ft and 190 ft respectively) of similar depth. Well 25 met the
wetland hydrology criteria in 7 out of 40 years, while Well 31 met the criteria in 27 out of 40 years. This
difference is attributed to the additional drainage effect exerted by the collector canal on Well 25 (located
approximately 250 ft to the south of the canal). In contrast, the nearest collector canal to Well 31 is located
350 ft to the east. Specific configuration data and model results for Well 5, 25, and 31 are provided as
Attachment B to this report.
V. Summary:
Collectively, the information gathered from various resources (including NRCS documents and personal
communications, historical aerial imagery, on -site field evaluations, well data, and DrainMod analysis)
indicate that the subject property has been subject to long -term drainage impacts associated with timber
management practices initiated in the early 1970s and regularly maintained through 2008. The historical
excavation of lateral ditches and collector canals has effectively removed wetland hydrology in the adjoining
areas. This is evidenced by the lack of primary indicators of hydrology occurring in these areas as well as
drainage analysis using DramMod computer modeling (accounting for long -term climatic conditions). The
wetland hydrology tools utilized indicate an effective lateral drainage distance range of 100 ft to 150 ft for
the interior lateral ditches and 250 ft to 300 ft for the larger collector canals. Utilizing this information
and field indicators, LMG has identified a wetland boundary that reflects these findings and is in accordance
with the criteria set forth in the 1987 Corps of Engineers Wetland Delineation Manual and 2008 Atlantic and
Gulf Coast Regional Supplement. The proposed limits of existing wetlands are depicted in Figure 1. In
addition, LMG staff met with Raleigh Bland and William Wescott of the USACE Washington (NC)
Regulatory Field Office on 4/6/2010 in order to review the limits of existing wetlands as depicted in Figure
1. Based upon precipitation graphs created from WETS tables, the site was shown to be in a period of
"normal rainfall" during this site visit. An evaluation of field indicators across the tract during this site
review supported the findings provided by LMG. The collector canals and lateral ditches were also evaluated
for OHWM indicators. Out of the 52 lateral ditches on -site, only 2 were considered to be non jurisdictional
ditches. The remaining 50 laterals exhibited at least one OHWM indicator and were claimed as jurisdictional
RPW's. This site meeting verified that the offsets from the laterals and collector canals remained consistent
with the field indicator and modeling based results submitted by LMG.
11

LEGEND
PROJECT BOUNDARY — 645 AC. a
NON— JURISDICTIONAL DITCH r=
RELATIVELY PERMANENT WATERS
UPLANDS ( -470 ac.) °
® WETLANDS ( -166 ac.) f13
f12
=EXISTING POWERLINE EASEMENT ( -6 ac.) M 32 Wy3
-_ - EXISTING DIRT ROAD
MONITORING WELL LOCATION (2007 -2009 STUDY) W/3
30 \
• DATA POINT LOCATION
, 4
El
• DP,f2
t
X78
27 °
1
DPf 1 2 2 ® • MW 26 °
W8 f Elp M 22 M X25 D111 °
• MW, f2 °
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DPPr MW 3 D 5
f1 0
19I � 18 1 16 15
1
THIS MAP IS BASED ON ORIGIANL
DRAWINGS AND /OR SURVEY
INFORMATION FROM:
_..Rt Bell and Phillips Surveying, PLLC.
p{� 604E Cedar Point Blvd.
Cedar Point, N.C.
(252)393 -6101.
LAND MANAGEMENT IS NOT RESPONSIBLE FOR LOCATING, OR THE LOCATION OF, UTILITIES. ANY
Cam, UTILITIES SHOWN ON THIS PLAN HAVE BEEN PROVIDED BY THIRD PARTIES AND ARE FOR GENERAL LAND MANAGEMENT IS NOT
CJ`p� REFERENCE PURPOSES ONLY. IT IS THE RESPONSIBILITY OF THE OWNER/APPLICANT AND /OR RESPONSIBLE FOR THE ACCURACY
CONTRACTOR TO CONTACT A PROFESSIONAL UTILITY LOCATING COMPANY. OF SAID INFORMATION
Project: Date: Revision Date:
Brice Creek Mitigation Bank September 2009 May 2010
Applicant: Scale: Job Number:
WEYCO 1 —800' 01 -07 -098
1,600 Post Office Box 2522
Wilmington, North Carolina 28402 TitIe:PWe l OEd Meeting Drawn By: Figure 1.
Telephone: [phone]
L : \WLILHIVllJ \GUU/ WtILHI LKJ FiLLJ \U1- U / -Ul)d - -- Lraven35Mitigation, McLendon \HLHU \Croven35 -HUL ,I LL1L4U4map 2U1U.dwg

La
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S
*Boundaries are approximate and are SITE
not meant to be absolute. SCALE 1 - -
2000
Brice Creek Wetland Mitigation Bank Figure 2
Craven County, NC LMG (] A
74
01 -07 -098 LAND MANAGEMENT GROUP- 1974 Aerial Photograph
co, 5uira "`5 w/ Existing Ditch Network
July 2009

*Boundaries are approximate ana are
not meant to be absolute.
Map Source: 1981 Aerial Photography, Craven County NRCS office.
.1
R��M
SCALE 1" = 1500'
Brice Creek Wetland Mitigation Bank Figure 3
Craven County, NC LMG ra 1981 Aerial Photograph
01 -07 -098 LAND MANAGEMENT GROUP— g p
Environmental Consultants w/ Existing Ditch Network
July 2009

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200802310 County: Craven U.S.G.S. Quad: Catfish Lake
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner /Agent: Weyerhaeuser Compan
Address:
C/O Sandy McLendon
1785 Weyerhaeuser Road
Vanceboro, North Carolina 28586
Telephone No.:
910 - 452 -0001 (Agent)
Property description:
Size (acres)
645 acres
Nearest Waterway
US Highway 70
USGS HUC
03020204
Location description 6425 E US 70 Hwy.
Indicate Which of the Followiniz Apply:
A. Preliminary Determination
Nearest Town New Bern
River Basin Neuse
Coordinates N 34.945192 W 76.968006
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
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 and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
X The waters of the U.S. including wetland on your property 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 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 property 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.
X 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 (252) 808 -2808 to
determine their requirements.
Page 1 of 2

Action ID:
Placement of dredged or fill material within waters of the US and /or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and /or the Corps regulatory program, please contact William Wescott at 910 - 251 -4629.
C. Basis For Determination
The wetlands on this property meet all three wetland criteria as described in the Atlantic and Gulf Coastal Plain
Regional Supplement and are part of a broad continuum of wetlands associated with the Neuse River.
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 (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn:William Wescott, Project Manager,
Washington Regulatory Field Office
2407 West Fifth Street
Washington, North Carolina 27889
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 District 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 2/4/11.
* *It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Date 12/06/2010
Expiration Date 12/06/2015
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 the Customer Satisfaction Survey located at our website at http: / /re u� latory.usacesLirvey.com./ to
complete the survey online.
Copy furnished:
Christian Preziosi /Land Management Group
Page 2 of 2

(Version August 2012)
AGREEMENT TO ESTABLISH THE
BRICE CREEK WETLAND MITIGATION BANK
IN CRAVEN COUNTY, NORTH CAROLINA
(USACE Action ID No. SAW- 2008 - 02310)
This Mitigation Banking Instrument (MBI) is made and entered into on the day of
, 2012, by the Weyerhaeuser NR Company hereinafter Sponsor, and the U. S. Army
Corps of Engineers (Corps), and each of the following agencies, upon its execution of this MBI,
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 North Carolina Division of Coastal Management (NCDCM), and the North
Carolina Division of Water Quality (NCDWQ). The Corps, together with the State and Federal
agencies that execute this MBI, are hereinafter collectively referred to as the Interagency Review
Team (IRT).
WHEREAS the purpose of this agreement is to establish a mitigation bank (Bank) providing
compensatory mitigation for unavoidable wetland 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 Sponsor is the record owner of that certain parcel of land containing
approximately 636 acres located in Craven County, North Carolina, described in the Brice Creek
Wetland Mitigation Bank - Mitigation Plan (August 2012 Mitigation Plan — Appendix A), and as
shown on the attached survey (Appendix B);
WHEREAS the agencies comprising the IRT agree that the site, totaling 636 acres (Appendix
B) is a suitable mitigation bank site, and that implementation of the Mitigation Plan is likely to
result in net gains in wetland and /or stream functions at the Bank site, and have therefore
approved the Mitigation Plan;
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 MBI.
Section L• General Provisions
A. The Sponsor is responsible for assuring the success of the restoration, enhancement, and
preservation activities at the Bank site, 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.

(Version August 2012)
B. The goal of the Bank is to restore, enhance, and preserve non - riparian wetlands 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 after
consultation, through the permit review process, with members of the IRT.
C. Use of credits from the Bank to offset wetland 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. The IRT shall review documentation for the establishment of mitigation banks. 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 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 N.C. Division of Water Quality (NCDWQ) will
determine the amount of credits that can be withdrawn from the Bank.
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 11: Geographic Service Area
The Geographic Service Area (GSA) is the designated area within which the bank is authorized
to provide compensatory mitigation required by DA permits. The GSA for this Bank shall
include the Lower Neuse River Basin, Hydrologic Unit 03020204. The service area is based on
the location and scope of the project which will generate tangible water quality and habitat
benefits within the Lower Neuse River through the cessation of silvicultural land use activities
and the restoration of headwater wetland ecosystems. Based upon information provided by the
Sponsor in the Mitigation Plan, the Bank may also provide compensatory mitigation for projects
occurring within adjoining HUCs (particularly Hydrologic Unit 03020106, Bogue -Core Sounds
Unit). Use of the Bank site to compensate for impacts beyond the GSA may be considered by
the Corps or the permitting agency on a case -by -case basis.
ON

(Version August 2012)
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 Bank site is a currently managed for silvicultural production. A more detailed
description of the baseline conditions on the site is contained in the Mitigation Plan.
B. The Sponsor will perform work described in Section V of the Mitigation Plan, including
restoration of 473 acres (ac.) non - riparian wetlands. A total of 163 ac. of non - riparian wetland
enhancement will also be included in the Bank. The work associated with the Bank will include
backfilling of existing ditches, removal of existing soil roads, and planting of native hardwood
seedlings.
The purpose of this work, and the objective of the Bank, is to restore and enhance the wetlands
associated with the headwaters of several tributaries of the Lower Neuse River. Development of
the Bank will reduce nutrient inputs, stormwater discharge, and flow velocities in a watershed
that is experiencing rapid development.
C. The Sponsors shall monitor the Bank Site as described in Section VII of the Mitigation Plan,
until such time as the IRT determines that the success criteria described in Section VII of the
Mitigation Plan have been met.
D. The members of the IRT will be allowed reasonable access to the Property for the purposes
of inspection of the Property and compliance monitoring of the Mitigation Plan.
Section IV: Reporting
A. The Sponsor shall submit to the DE, for distribution to each member of the IRT, an annual
report describing the current condition of the Bank and the condition of the Bank in relation to
the success criteria in the Mitigation Plan. The Sponsor shall provide to the DE any monitoring
reports described in Section VII of the Mitigation Plan.
B. The Sponsor shall provide ledger reports documenting credit transactions as described in
Section VIII of this MBI.
C. Each time an approved credit transaction occurs, the Sponsor must notify the DE within 30
days of the transaction.
Section V: Remedial Action
A. The DE shall review the monitoring reports, and may, at any time, after consultation with the
Sponsor and the IRT, direct the Sponsor to take remedial action at the Bank site. Remedial

(Version August 2012)
action required by the DE shall be designed to achieve the success criteria specified in the
Mitigation Plan. 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 any remedial measures required pursuant to the above.
C. In the event the Sponsor determines that remedial action may be necessary to achieve the
required success criteria, 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
Description of Wetland Community Types:
A. Wetland community types found in a mitigation bank will be described in accordance with the
procedures found in the NC Wetland Assessment Method (NC WAM, USACE, 2007). It is
expected that impacts to the NC WAM types listed below will be compensated by the Mitigation
Types as listed in order to qualify 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.
Table 2. Wetland Commu ity Types
Mitigation Type
NCWAM Type
CAMA Coastal Wetland
Salt/Brackish Marsh*
Riparian ( Riverine)
Riverine Swamp Forest/Non -Tidal Freshwater Marsh, Tidal
Freshwater Marsh
Riparian (Non - Riverine)
Bottomland Hardwood Forest, Headwater Wetland, Flood -
Plain Pool, Mountain Bog*
Non - Riparian
Non - Riverine Swamp Forest, Seep, Small Basin Wetland,
Pocosins, Estuarine Woody, Pine Flat, Pine Savannah,
Hardwood Flat
*Note that these wetland types only occur in select HUCs of North Carolina.
B. It is anticipated by the parties that in most cases in which the DE, after consultation with the
IRT, has determined that mitigation credits from the Bank may be used to offset wetland impacts
authorized by Section 404 permits and /or Section 10 permits, that the Restoration Equivalents, as
enumerated above, constitute credits that are considered to be equal to restoration credits for the
purposes of compensatory mitigation. Therefore, the use of Restoration credits or Restoration
Equivalents credits, or any combination thereof, is acceptable to the DE for any permit
requirement so long as the required amount of credits are debited for a given mitigation
requirements. It is also understood that in order to satisfy mitigation requirements imposed by
the NC Division of Water Quality, restoration impact amounts must be at a minimum of 1:1 such
that for every one acre of impact, at least one acre of mitigation must be in the form of

(Version August 2012)
restoration. Additionally, decisions regarding stream mitigation will be made consistent with
current policy and guidance and will be made on a case by case basis. Wetland and stream
compensation ratios are determined by the DE on a case -by -case basis based on considerations of
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.
Table 3. Mitigation Types and Quantities acres
Mitigation Type
Acreage
Credits
Non - Riparian Wetland Restoration
473
473
Non - Riparian Wetland Enhancement
163
81.5 (re)
TOTAL
636
554.5
re= restoration - equivalent credit
C. Notwithstanding the above, all decisions concerning the appropriateness of using credits from
the Bank 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 water impacts authorized by Department
of the Army permits, shall be made by the DE, pursuant to Section 404 of the Clean Water Act
and implementing regulations and guidance, after notice of any proposed use of the Bank to the
members of the IRT, and consultation with the members of the IRT concerning such use. Notice
to and consultation with the members of the IRT shall be through the permit review process.
Section VII: Credit Release Schedule
All credit releases must be approved by the DE, in consultation with the IRT, based on a
determination that required success criteria have been achieved.
A. Credit Release Schedule for Forested Wetlands: If deemed appropriate by the IRT, fifteen
percent (15 %) of the Bank's total restoration credits shall be available for sale immediately upon
completion of all of the following:
1. Execution of this MBI by the Sponsor, the DE, and other agencies eligible for membership
in the IRT who choose to execute this agreement;
2. Approval of the final Mitigation Plan;
3. Mitigation bank site has been secured;
4. Delivery of the financial assurance described in Section IX of this MBI; and
5. Recordation of the long -term protection mechanism described in Section X of this MBI, as
well as a title opinion covering the property acceptable to the DE.
The Sponsor must complete the initial physical and biological improvements to the Bank site
pursuant to the Mitigation Plan no later than the first full growing season following initial
debiting of the Bank. Subject to the Sponsor's continued satisfactory completion of all required

(Version August 2012)
success criteria and monitoring, additional restoration mitigation credits will be available for sale
by the Sponsor on the following schedule:
1. 15 % upon completion of all initial physical and biological improvements made pursuant
to the Mitigation Plan (total 30 %);
2. 10% after first year, if interim success measures are met (total 40 %);
3. 10% after second year, if interim success measures are met (total 50 %);
4. 10% after third year, if interim success measures are met (total 60 %);
5. 10% after fourth year, if interim success measures are met (total 70 %);
6. 10% after fifth year, if Success Criteria are met (total 80 %);
7. 10% after sixth year, if vegetative Success Criteria are met (90 %); and
8. 10% after seventh year, if vegetative Success Criteria are met (100 %).
Provided that all Success Criteria are met, the IRT may allow the Sponsor to discontinue
hydrologic monitoring after the fifth year. The Sponsor will be required to monitor vegetation
for an additional two years after the fifth year for a total of seven years.
Table 4. Credit Release Schedule for Wetlands
Percentage of Wetland
Cumulative
Task
Projected
Credits Released (%
Credits
Credits
Completion Date
Released
cumulative)
Released
1.0 Signing of the MBI;
11/1/12
15 (15)
83.2
83.2
Recordation of Conservation
Easement Deed; Delivery of
Financial Assurances
2.0 Completion of Physical and
11/2013
15 (30)
83.1
166.3
Biological Improvements
3.0 Year 1: Fulfill Success
1/2015
10 (40)
55.5
221.8
Criteria
4.0 Year 2: Fulfill Success
1/2016
10 (50)
55.4
277.2
Criteria
5.0 Year 3: Fulfill Success
1/2017
10 (60)
55.5
332.7
Criteria
6.0 Year 4: Fulfill Success
1/2018
10 (70)
55.4
388.1
Criteria
7.0 Year 5: Fulfill Success
1/2019
10 (80)
55.5
443.6
Criteria
8.0 Year 6: Fulfill Success
1/2020
10 (90)
55.4
499
Criteria
9.0 Year 7: Fulfill Success
1/2021
10 (100)
55.5
554.5
Criteria
TOTAL
100%
554.5

(Version August 2012)
Section VIII: Accounting Procedures
A. The Sponsor shall develop accounting procedures acceptable to the IRT 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. Each time an approved credit transaction
occurs, the Sponsor must notify the DE within 30 days of the transaction.
B. The Sponsor shall prepare an annual ledger report, on each anniversary of the date of
execution of this agreement, showing all credits used, any changes in credit availability (e.g.,
additional credits released, credit sales suspended), and the beginning and ending balance of
credits remaining. The Sponsor shall submit the annual report 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. The Sponsor shall provide financial assurances in a form acceptable to the IRT sufficient to
assure completion of all mitigation work, required reporting and monitoring, and any remedial
work required pursuant to this MBI. These financial assurances are provided in the form of two
performance bonds. A construction bond, in the sum of $154,000, represents 30% of the
projected construction, planting, and contingency costs associated with the activities described in
the Mitigation Plan. The monitoring bond, in the sum of $25,830, represents 10% of the
projected monitoring costs for the seven (7) year schedule described in the Mitigation Plan.
B. Financial assurances shall be payable at the direction of the DE to his designee or to a
standby trust. Financial assurances structured to provide funds to the Corps of Engineers in the
event of default by the Bank Sponsor are not acceptable.
C. 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: Long -Term Protection
A. The North Carolina Coastal Land Trust (Land Trust), a registered 501(c)3 entity, will serve
as the holder of the conservation easement (CE) for the Bank. The Land Trust will maintain the
CE in perpetuity and provide for the long -term stewardship of the land through annual
monitoring activities. Title to the land will reside with the current owners, Weyerhaeuser
Company. Refer to the attached conservation easement plats for the tract (Appendix B). The CE
shall be perpetual, preserve all natural areas, and prohibit all use of the property inconsistent with
its use as mitigation property, including any activity that would materially alter the biological
integrity or functional and educational value of wetlands or streams within the Bank site,

(Version August 2012)
consistent with the Mitigation Plan. The purpose of the CE will be to assure that future use of
the Bank site will result in the restoration, protection, maintenance and enhancement of wetland
functions described in the 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
preservation mechanism.
C. Subsequent to the recording of the CE, the Sponsor may convey the Bank Site property in
fee. 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 CE.
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: Long -term Management
A. The Land Trust (as identified above) will be responsible for the long -term stewardship of the
conservation easement. The primary objective of the long -term stewardship is to ensure that the
easement terms are enforced and that the site remains in its natural state.
B. An endowment will be provided to the Land Trust by the Sponsor to assist with the long -term
stewardship expenses of the Bank site.
Section XIL• Default and Closure
A. It is agreed to establish and /or maintain the Bank site 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 Mitigation Plan.
If the DE determines that the 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

(Version August 2012)
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 close out the Bank site to the DE. 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 XI11: Miscellaneous
A. Any agency participant may terminate its participation in the IRT with notice in writing to all
other parties to this agreement. Termination shall be effective seven (7) days from placing
written notices in the United States mail. Member withdrawal shall not affect any prior sale of
credits and all remaining parties shall continue to implement and enforce the terms of this MBI.
B. Modification of this MBI shall be in accordance with the procedures set forth in 332.8 of the
mitigation rule.
C. 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.
D. This MBI constitutes the entire agreement between the parties concerning the subject matter
hereof and supersedes all prior agreements or undertakings.
E. In the event any one or more of the provisions contained in this MBI are held to be invalid,
illegal or unenforceable in any respect, such invalidity, illegality or unenforceablility will not
affect any other provisions hereof, and this MBI shall be construed as if such invalid, illegal or
unenforceable provision had not been contained herein.
F. This MBI shall be governed by and construed in accordance with the laws of North Carolina
and the United States as appropriate.
G. This MBI 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.

(Version August 2012)
H. The terms and conditions of this MBI shall be binding upon, and inure to the benefit of the
parties hereto and their respective successors.
I. All notices and required reports shall be sent by regular mail to each of the parties at their
respective addresses, provided below.
Sponsor:
Mr. Doug Hughes
Weyerhaeuser NR Company
211 Armstrong Road
Columbia, MS 39429
Corps:
Mr. Raleigh Bland
U.S. Army Corps of Engineers
Regulatory Division
2407 West Fifth Street
Washington, NC 27889
EPA:
Ms. Jennifer Derby
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
FWS:
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636 -3726
NMFS:
Mr. Ron Sechler
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
NCWRC:
Mr. Travis Wilson
North Carolina Wildlife Resources Commission
10

(Version August 2012)
127 Cardinal Drive Extension
Wilmington, NC 28405
NCDCM:
Mr. Steve Sollod
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
NCDWQ:
Ms. Cyndi Karoly
NC Division of Water Quality
North Carolina Department of Environment and Natural Resources
Post Office Box 29535
Raleigh, NC 27626 -0535
11

(Version August 2012)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The Brice Creek Wetland Mitigation Bank in Craven County,
North Carolina ":
Sponsor:
IM
U.S. Army Corps of Engineers:
Date:
By: Date:
12

(Version August 2012)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The Brice Creek Wetland Mitigation Bank in Craven County,
North Carolina ":
U.S. Environmental Protection Agency:
By:
Date:
U.S. Fish and Wildlife Service:
By:
Date:
National Marine Fisheries Service:
By:
Date:
N.C. Division of Water Quality:
By:
Date:
N.C. Wildlife Resources Commission:
By:
Date:
N.C. Division of Coastal Management:
By: Date:
13

(Version August 2012)
List of Appendices
Appendix A: Brice Creek Wetland Mitigation Bank - Final Mitigation Plan (August 2012)
Appendix B: Conservation Easement Plat
Appendix C: Map — Geographic Service Area
Appendix D: Construction and Maintenance/Monitoring Costs
Appendix E: Performance Bonds
Appendix F: Conservation Easement Deed
14

MBI. APPENDIX A - MITIGATION PLAN
(COVER ONLY)
(PLAN SUBMITTED SEPARATELY)
BRICE CREEK
WETLAND MITIGATION BANK
Craven County, North Carolina
MITIGATION PLAN
Sponsor.
Weyerhaeuser NR Company
Prepared For:
U.S. Army Corps of Engineers Wilmington District
and
Inter - Agency Review Team (IRT)
Prepared By:
LMG
LAND MANAGEMENT GROUP wc.
Environmental Consultonts
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
www.lmgroup.net
August 2012

BRICE CREEK WETLAND MITIGATION BANK
MITIGATION BANKING INSTRUMENT
APPENDIX B. CONSERVATION EASEMENT PLAT

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BRICE CREEK WETLAND MITIGATION BANK
MITIGATION BANKING INSTRUMENT
APPENDIX C. GEOGRAPHIC SERVICE AREA MAP

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BRICE CREEK WETLAND MITIGATION BANK
MITIGATION BANKING INSTRUMENT
APPENDIX D. CONSTRUCTION AND MONITORING COSTS

Brice Creek Construction Cost
Acres
Site Prep Mechanical
602
$ 80.00
$ 48,160.00
1
Chop
Site Prep Mechanical
602
$ 60.00
$ 36,120.00
3
Rip
Site Prep Chemical
602
$ 55.00
$ 33,110.00
5
Chemical application and chemical
Planting
602
$ 72.52
$ 43,657.04
7
Planting 518 Trees /ac at $0.14 /tree
Seedlings
602
$ 103.60
$ 62,367.20
$200/1000 tree, planting 518 trees per acre
Hydrology Restoration (Road Removal, Ditch Plugs)
$ 210,000.00
Removal of road and ditch plugs
Invasive Control
37
$ 65.00
$ 2,405.00
Hack and Squirt within hardwood areas and upland buffer
Release
602
$ 50.00
$ 30,100.00
Brush and Competition control
$ 465,919.24
(Contingency (10 %)
BOND REQUIREMENT
Brice Creek Monitoring Cost
BOND REQUIREMENT $25,830.00
$512,511.16
$153,753.35
94 permanent vegetation plots and 42 shallow groundwater wells
Year
Set up Monitoring Plots
1
$ 39,000
Annual Monitoring
2
$ 36,800
Annual Monitoring
3
$ 36,000
Annual Monitoring
4
$ 36,000
Annual Monitoring
5
$ 36,500
Annual Monitoring
6
$ 37,000
Annual Monitoring
7
$ 37,000
$ 258,300
BOND REQUIREMENT $25,830.00
$512,511.16
$153,753.35
94 permanent vegetation plots and 42 shallow groundwater wells

BRICE CREEK WETLAND MITIGATION BANK
MITIGATION BANKING INSTRUMENT
APPENDIX D. PERFORMANCE BONDS

STATE OF NORTH CAROLINA
MITIGATION BANK PERFORMANCE BOND
TO DEMONSTRATE CONSTRUCTION AND IMPLEMENTATION FINANCIAL
ASSURANCE
Date bond executed:
Period of coverage:
Effective date:
Principal: Weyerhaeuser NR Company
211 Armstrong Road, Columbia, MS 30429
Legal Name and Business Address of Mitigation Banker
Type of Organization: Individual
Joint Venture
Partnership
X Corporation
State of Incorporation: Washington
Surety(ies):
Name(s) and Business Address(es)
Scope of coverage: Construction and implementation of the Brice Creek Wetland Mitigation
Bank in accordance with the approved Mitigation Plan and Mitigation Banking Instrument
(MBI) and pursuant to the requirements of Nationwide Permit 27 and the requirements of
General Water Quality Certification Number 3689.
Total penal sum of bond: $154,000.00
Surety's bond number:
Know All Persons By These Presents, that we, the Principal and Surety(ies) hereto are
firmly bound to the USACE in the above penal sum for the payment of which we bind ourselves,
our heirs, executors, administrators, successors, and assigns jointly and severally; provided that,
where the Sureties are corporations acting as co- sureties, we, the Sureties, bind ourselves in such

sum "jointly and severally" only for the purpose of allowing a joint action or actions against any
or all of us, and for all other purposes each Surety binds itself, jointly and severally with the
Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but
if no limit of liability is indicated, the limit of liability shall be full amount of the penal sum.
WHEREAS, said Principal is required, to have an approved MBI in order to construct,
implement and manage the Mitigation Bank identified above, and
WHEREAS, said Principal is required to provide financial assurance for construction and
implementation of the Mitigation Bank in accordance with the 2008 Federal Mitigation Rule (33
CFR 332) and as conditioned within the approved MBI, and
WHEREAS, said Principal shall identify a designee acceptable to the USACE for
receiving assurance monies should a claim be filed as a result of Principal defaulting on its
mitigation obligations;
NOW, THEREFORE, the conditions of the obligation are such that if the Principal shall
faithfully construct and implement the Brice Creek Wetland Mitigation Bank, for which this
bond guarantees construction and implementation, in accordance with the approved MBI and the
plans approved by such instrument, as such instrument and plans may be amended, pursuant to
all applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations
may be amended,
Or, if the Principal shall provide alternate financial assurance in accordance with 33 CFR
332 and obtain the written approval of the USACE of such assurance, within 90 days after the
date notice of cancellation is received by both the Principal and the USACE from the Surety(ies),
then this obligation shall be null and void, otherwise it is to remain in full force and effect.
Such obligation does not apply to any of the following:
(a) Any obligation of Weyerhaeuser NR Company under a workers'
compensation, disability benefits, or unemployment compensation
law or other similar law;
(b) Bodily injury to an employee of Weyerhaeuser NR Company
arising from, and in the course of, employment by Weyerhaeuser
NR Company;
(c) Bodily injury or property damage arising from the ownership,
maintenance, use, or entrustment to others of any aircraft, motor
vehicle, or watercraft;
(d) Property damage to any property owned, rented, loaned to, in the
care, custody, or control of, or occupied by Weyerhaeuser NR
Company that is not the direct result of a construction of
implementation activity for the Brice Creek Wetland Mitigation
Form No. 62- 342.900(1) amended June 2012 2

Bank as stipulated in the approved MBI and required pursuant to
USACE NWP 27 and NCDENR General Water Quality
Certification Number 3689:
(e) Bodily injury or property damage for which Weyerhaeuser NR
Company s obligated to pay damages by reason of the assumption
of liability in a contract or agreement.
The Surety(ies) shall become liable on this bond obligation only when the Principal has
failed to fulfill the conditions described above.
Upon notification by the USACE that the Principal has been found in violation of the
requirements of the MBI by failing to perform the required construction and implementation
activities for the Brice Creek Wetland Mitigation Bank for which this bond guarantees
performance, the Surety(ies) shall, within 60 days of receiving such notice, either perform such
construction and implementation in accordance with the MBI and other permit requirements and
pursuant to the approved Mitigation Plan or issue partial or all the penal sum (up to $154,000)
guaranteed for the Brice Creek Wetland Mitigation Bank to Wildlife Mississippi (WM), a
nonprofit corporation, charitable organization exempt under Section 501(c)(3) of the Internal
Revenue Code of 1986, and approved Designee for completion of the mitigation obligations to
the extent that said funding from the bond is sufficient to achieve these purposes. WM shall not
be required to use any of its funding resources to meet these obligations. The bond funds will be
used by the Designee for the express purpose of completing the mitigation work per the terms
and conditions of the approved MBI and the approved Mitigation Plan (including contingency
measures as may be deemed necessary). In addition, work will be compliant with the
corresponding USACE NWP 27 and NCDENR General Water Quality Certification No. 3689
issued for the project unless as modified and approved by the USACE and NCDENR,
respectively.
The Surety(ies) hereby waive(s) notification of amendments to the Brice Creek Wetland
Mitigation Bank plans, permits, applicable laws, statutes, rules, and regulations and agree(s) that
no such amendment shall in any way alleviate its (their) obligation on this bond.
The liability of the Surety(ies) shall not be discharged by any payment or succession of
payments hereunder, unless and until such payment or payments shall amount in the aggregate to
the penal sum shown on the face of the bond, but in no event shall the obligation of the
Surety(ies) hereunder exceed the amount of said penal sum.
The Principal may terminate this bond by sending written notice to the Surety(ies);
provided, however, that no such notice shall become effective until the Surety(ies) receive(s)
written authorization for termination of the bond by USACE.
Principal and Surety(ies) hereby may adjust the penal sum of the bond yearly so that it
guarantees increased or decreased construction and implementation cost provided that no
decrease in the penal sum takes place without the written permission of USACE.
Form No. 62- 342.900(1) amended June 2012 3

IN WITNESS WHEREOF, the Principal and Surety(ies) have executed this
Performance Bond and have affixed their seals on the date set forth above. Designee joins in this
Performance Bond for the express purpose of acknowledging and approving its terms and
conditions.
The persons whose signatures appear below hereby certify that they are authorized to
execute this surety bond on behalf of the Principal, Designee, and Surety(ies).
PRINCIPAL:
WEYERHAEUSER NR COMPANY
By:
(Name & Title)
[Corporate Seal]
DESIGNEE:
WILDLIFE MISSISSIPPI
By:
(Name & Title)
[Corporate Seal]
Form No. 62- 342.900(1) amended June 2012 4
CORPORATE SURETY(IES)
For each co- surety provide the following
Name and Address
State of Incorporation
Liability Limit: $154,000.00
Signature
Type Name and Title
[Corporate Seal]

MITIGATION MONITORING/MAINTENANCE
PERFORMANCE BOND
Date bond executed:
Effective date:
Principal: Weyerhaeuser NR Company
211 Armstrong Road, Columbia, MS 39429
Type of Organization: Individual
Joint Venture
Partnership
X Corporation
State of Incorporation: Washington
Surety(ies):
Scope of Coverage: Post - Construction Monitoring (Task 3 through Task 9 of the Mitigation
Banking Instrument ( "MBI ")) for the Brice Creek Wetland Mitigation Bank property in Craven
County, North Carolina ( "Mitigation Project ")
Total penal sum of bond: $25,830.00
Surety's Bond Number:
KNOW ALL PERSONS BY THESE PRESENTS, That we, the Principal and Surety(ies) hereto
are firmly bound to the United States Army Corps of Engineers ( "USACE ") in the above penal
sum for the payment of which we bind ourselves, our heirs, executors, administrators,
successors, and assigns jointly and severally; provided that, where the Sureties are corporations
acting as co- sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" only
for the purpose of allowing a joint action or actions against any or all of us, and for all other
purposes Surety binds itself, jointly and severally with the Principal, for the payment of such
sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated,
the limit of liability shall be full amount of the penal sum.
WHEREAS, said Principal is required to provide financial assurance for post -
construction monitoring of the Mitigation Bank in accordance with the approved MBI and as
further described in the scope of coverage above, and

WHEREAS, said Principal shall identify a designee acceptable to the USACE for receipt
of assurance monies should a claim be filed by the USACE in the event the Principal does not
fulfill its monitoring obligations;
NOW, THEREFORE, the conditions of the obligation are such that if the Principal shall
faithfully perform completion of Task 3 through Task 9 as identified in the approved NMI and as
further described in the scope of coverage herein, for which this bond guarantees completion, in
accordance with the NMI as such may be amended, pursuant to all applicable laws, statutes,
rules, and regulations, as such laws, statutes, rules and regulations may be amended;
Or, if the Principal shall provide alternate financial assurance and obtain the USACE
written approval of such assurance within 90 days after the date notice of cancellation is received
by both the Principal and the USACE from the Surety(ies), then this obligation shall be null and
void, otherwise it is to remain in full force and effect.
Such obligation does not apply to any of the following:
(a) Any obligation of Weyerhaeuser NR Company under a workers'
compensation, disability benefits, or employment compensation law or other
similar law;
(b) Bodily injury to an employee of Weyerhaeuser NR Company arising from,
and in the course of, employment by Weyerhaeuser NR Company;
(c) Bodily injury or property damage arising from the ownership, maintenance,
use of, or entrustment to others of any aircraft, motor vehicle, or watercraft;
(d) Property damage to any property owned, rented, loan to, in the care, custody,
or control of, occupied by Weyerhaeuser NR Company that is not the direct
result of a construction or implementation activity for the MBI.
(e) Bodily injury or property damage for which Weyerhaeuser NR Company is
obligated to pay damages by reason of the assumption of liability in a contract
or agreement other than a contract or agreement entered into to meet the
requirements of the MBI.
The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to
fulfill the conditions described above.
Upon notification by the USACE that the Principal has been found in violation of the
requirements of MBI for failing to perform post - construction monitoring activities for the Brice
Creek Wetland Mitigation Bank for which this bond guarantees performance, the Surety(ies)
shall within sixty (60) days of receiving such notice either perform completion in accordance
with the MBI and the approved Mitigation Plan or issue partial or all of the penal sum (up to
$24,750) guaranteed for monitoring of the Brice Creek Wetland Mitigation Bank to Wildlife
Mississippi (WM), a nonprofit corporation, a charitable organization exempt under Section
4

501(c)(3) of the Internal Revenue Code of 1986„ and approved Designee, for completion of the
monitoring obligations as identified in the approved MBI and accompanying Mitigation Plan but
only to the extent that said funding from the bond is sufficient to achieve these purposes. WM
shall not be required to use any of its funding resources to meet these obligations.
The Surety(ies) herby waive(s) notification of amendments to the MBI permits,
applicable laws, statutes, rules and regulation and agrees that no such amendment shall in any
way alleviate its (their) obligation on this bond.
The Liability of the Surety(ies) shall not be discharge by any payment or succession of
payments hereunder, unless and until such payment or payments shall amount in the aggregate to
the penal sum of the bond, but in no event shall the obligation of the Surety(ies) hereunder
exceed the amount of said penal sum.
The Principal may terminate this bond by sending written notice to the Surety(ies);
provided, however, that no such notice shall become effective until the Surety(ies) receive(s)
written authorization for termination of the bond by the USACE.
Principal and Surety(ies) hereby may agree to adjust the penal sum of the bond yearly so
that it guarantees increased or decreased completion costs provided that no decrease in the penal
sum takes place without the written permission of the USACE.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK.
3

IN WITNESS WHEREOF, the Principal and Surety(ies) have executed this Performance Bond
and have affixed their seals on the date set forth above. Designee joins in this Performance Bond
for the express purpose of acknowledging and approving its terms and conditions.
The persons whose signatures appear below hereby certify that they are authorized to execute
this surety bond on behalf of the Principal, Designee, and Surety(ies).
PRINCIPAL:
WEYERHAEUSER NR COMPANY
IM
[Name and Title]
[Corporate Seal]
DESIGNEE:
WILDLIFE MISSISSIPPI
0
[Name and Title]
[Corporate Seal]
M
CORPORATE SURETY(IES)
For each co- surety provide the following
Name and Address
State of Incorporation
Liability Limit: $24,7$0
Signature
Type Name and Title
[Corporate Seal]

BRICE CREEK WETLAND MITIGATION BANK
MITIGATION BANKING INSTRUMENT
APPENDIX F. CONSERVATION EASEMENT DEED

Prepared by and Return to:
North Carolina Coastal Land Trust
131 Racine Drive, Suite 202
Wilmington, NC 28403
STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
PIN: 6- 207 -036
BRICE'S CREEK WETLAND MITIGATION BANK PERMANENT
CONSERVATION EASEMENT
CRAVEN 35 TRACT
This CONSERVATION EASEMENT ( "Conservation Easement ") is made this day of
2012, by and between WEYERHAEUSER NR COMPANY, having a mailing
address of 1785 Weyerhaeuser Road, Vanceboro, NC 28586 ( "Grantor"), and NORTH CAROLINA
COASTAL LAND TRUST, a North Carolina non - profit corporation, having a mailing address of 131
Racine Drive, Suite 202, Wilmington, NC 28403 ( "Grantee ") and approved by the UNITED STATES
ARMY CORPS OF ENGINEERS ( "Third Party ").
The designation 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.
RECITALS
A. Grantor owns in fee simple 636.27 acres, more or less, of property situated in Township
6, Craven County, North Carolina, as shown on that certain survey entitled `Boundary Survey and
Conservation Easement for WNR Company, Brice Creek Wetland Mitigation Bank, a Portion of
Craven 35" and dated September 4, 2012" prepared by Bell and Phillips Surveying, PLLC, and
recorded in Plat Cabinet , Slide , Craven County Public Registry (hereinafter referred to as
the "Property "). Grantor wishes to convey to Grantee a Conservation Easement over the Property. The
property which will be subject to this Conservation Easement is more particularly described in Exhibit
A attached hereto and made a part hereof and are hereinafter referred to as the "Property ".
B. The Property possesses significant value as relatively natural habitat of fish, wildlife
I

and waterfowl and also possesses significant open space and natural values (hereinafter collectively
referred to as the "Conservation Values ") of great importance to Grantor, Grantee, the residents of
Craven County and the State of North Carolina. The primary purposes of this Conservation Easement
are to protect and restore the headwater wetlands of Brice's Creek and to protect and maintain the
wildlife habitat and other natural and open space values of the Property. The conservation of the
Property will improve and maintain water quality of Brice's Creek.
C. Grantee is a non - profit organization established for the purpose of promoting the
preservation of ecologically valuable lands, natural and wildlife habitat, and lands with significant
natural and open space values in the coastal plain of North Carolina for charitable, scientific,
educational, historic and aesthetic purposes.
D. Grantor desires to convey to Grantee a conservation easement placing certain
limitations and affirmative obligations on the Property for the protection of wetlands, environmental
and other values, and in order that the Property shall remain substantially in its natural condition
forever. The purpose of this Conservation Easement is to maintain wetland and /or riparian resources
and other natural values of the Property, and prevent the use or development of the Property for any
purpose or in any manner that would conflict with the maintenance of the Property in its natural
condition. The preservation of the Property is required by a Mitigation Banking Instrument ( "MBI ")
entitled "Agreement to Establish the Brice Creek Wetland Mitigation Bank in Craven County, North
Carolina USACE Action ID No. SAW- 2008 - 02310 ". The Mitigation Bank is intended to be used to
compensate for unavoidable wetland impacts authorized by Section 404 Clean Water Act permits
and /or Section 10 of the Rivers and Harbors Act permits.
E. The wetlands, natural, open space and other characteristics of the Property, and its
current use and state of improvement, are specifically described in the baseline documentation report
for the Property entitled, "Baseline Documentation Report Brice's Creek — Weyerhaeuser Property"
(hereinafter referred to as "Report" or "Baseline Documentation Report"), dated , 2012, and
prepared by Grantee, which is the appropriate basis for monitoring compliance with the objectives of
preserving the Conservation Values of the Property in its present state. The Report is not intended to
preclude the use of other evidence (e.g. surveys, appraisals) to establish the present condition of the
Property if there is a controversy over its use.
NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and
restrictions contained herein, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Grantor hereby unconditionally and irrevocably grants and conveys
in perpetuity a Conservation Easement on the Property to Grantee, its successors and permitted
assigns, and Grantee hereby accepts this grant of a Conservation Easement of the nature and character
and to the extent hereinafter set forth in, over the Property, together with the right to preserve and
protect the Conservation Values thereof as described in the Recitals herein. Grantor herein declares
that the Property shall be held, transferred, sold, conveyed, used and occupied subject always to the
covenants, conditions, restrictions and easements hereinafter set forth, which covenants, conditions,
restrictions and easements shall constitute restrictive covenants and shall be deemed to run with and
burden the Property in perpetuity.
To achieve these purposes, the following conditions and restrictions are set forth and the parties
hereby agree as follows:
ON

ARTICLE L PURPOSE AND DURATION OF EASEMENT
A. Purpose. The purpose of this Conservation Easement is to assure that the Property will
be retained forever predominantly in its natural and open space condition for conservation purposes
and it shall be so held, maintained, and used therefor. It is the further purpose of this Conservation
Easement to prevent any use of the Property that will significantly impair or interfere with the
preservation of said Conservation Values. Grantor intends that this Conservation Easement will
restrict the use of the Property to such activities as are consistent with the Conservation Values of the
Property as described in the Recitals herein. The parties hereto recognize and agree that the retained
rights of Grantor described herein are consistent with such Conservation Values and purposes.
B. Duration. This Conservation Easement shall be perpetual. It is an easement in gross,
runs with the land, and is enforceable by Grantee against Grantor, Grantor's successors, assigns,
lessees, agents, and licensees.
ARTICLE IL PROHIBITED AND RESTRICTED ACTIVITIES AND RESERVED RIGHTS
Subject to the Grantor's reserved rights set forth herein, the Property shall be maintained in its
natural and open condition and shall be restricted from any development or use that would impair or
interfere with the Conservation Values of the Property. Any activity on or use of the Property
inconsistent with the purposes of this Conservation Easement is prohibited; provided, however, that all
rights reserved by Grantor hereunder are considered to be consistent with the conservation purposes of
this Conservation Easement and require no prior notification to or approval by Grantee unless
expressly provided hereunder. Notwithstanding the foregoing, the Grantor and Grantee have no right
to agree to any activity that would result in the termination of this Conservation Easement. Grantee
makes no representation that the Property is suitable for any of the reserved activities and uses, or that
the exercise of any reserved rights is or shall be permitted under any local, state or federal law or
regulation.
Without limiting the generality of the foregoing, the following activities and uses on the
Property are expressly prohibited, restricted, allowed, permitted or reserved to the Grantor, as specified
herein:
A. Industrial and Commercial Use. Industrial or commercial uses of the Property and any
right of passage, access, ingress, egress and regress to, from and across the Property for such purposes
is prohibited except, however, that the following limited commercial uses of the Property and any right
of passage, access, ingress, egress and regress to, from and across the Property shall be allowed so long
as they are conducted in a manner consistent with the Conservation Values of this Conservation
Easement:
(1) Leasing and licensing of hiking, nature study, nature and environmental education
tours, scientific research, and similar passive or "eco- tourist" type, commercial or
recreational activities and uses of the Property; and
(2) Hunting, fishing and other recreational uses as described in Article II, Section I
below and the commercial leasing of the Property for hunting and fishing.
3

All such permitted activities shall be conducted in a manner consistent with and shall maintain
the Conservation Values of the Property.
B. Forestry. Management of timber by Grantor is allowed to the extent necessary to post
and fence the Property, to facilitate the achievement of the restoration work established in the
Mitigation Plan, or to protect the natural environment in areas where the forest is damaged, or has the
potential to be damaged, by natural forces such as hurricane, flood, storm, fire, insects or infectious
organisms. Such timber and debris clearing must be carried out in a manner that will not adversely
affect the natural condition of the Property, and shall be subject to approval by the Grantee and Third
Party.
C. Natural Resource Restoration and Wildlife Habitat Enhancement Activities.
Notwithstanding any terms contained within this Conservation Easement, Grantor may use the
Property for wildlife habitat and natural community restoration and /or environmental education,
research, management and enhancement purposes and may engage or contract others to engage in any
activity designed to repair, restore, or otherwise enhance the natural resources found or once present on
the Property, so long as such uses do not significantly diminish or impair the Conservation Values.
D. Improvements, New Construction and Access Thereto. Grantor may not construct
buildings and other improvements on the Property. No satellite, cell, radio or other
telecommunications tower may be placed or constructed on the Property. Grantor or its successors and
assigns may:
(1) Construct fences and hunt stands on the Property;
(2) Maintain and repair the existing soil roads and paths without the prior written
consent of Grantee. Roads and paths on the Property shall be limited to permeable
materials and shall be no wider than 8 feet. Paths for ingress and egress are
intended for passive recreational, monitoring, and /or educational purposes only.
New roads may not be constructed without the prior written approval of Grantee and
Third Party.
E. Signage. Display to the public of billboards, signs or advertisements is prohibited on or
over the Property, except the posting of no trespassing signs, for sale signs, a sign designating the
name of the Property or any hunting use of the Property, signs identifying the Conservation Values of
the Property and /or identifying the Grantor as owner of the Property and /or Grantee as holder of the
Conservation Easement or timber management signs.
F. Dump. Dumping of nonbiodegradable substances such as chemicals and other
hazardous substances, trash, garbage, waste, abandoned vehicles, appliances, machinery, tanks, or
other nonbiodegradable material on the Property is prohibited. Disposal of storm debris, dead leaves,
vegetative matter generated on or from the Property by depositing and burning said material in
appropriate areas is allowed. Grantor and Grantee recognize that illegal dumping of refuse by third
parties can occur and Grantor shall remove such material within a reasonable time through specific
collection or routine clean -ups. The temporary storage of trash in receptacles for periodic off -site
disposal is permitted. Land application of domestic septic effluent and /or municipal, commercial or
industrial sewage sludge or liquid generated from such sources is prohibited.
4

G. Mineral Use, Excavation, Dredging. No surface mining is permitted. There shall be no
commercial filling, excavation, dredging, mining or drilling; and there shall be no removal of topsoil,
sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any
manner on the Property except (a) for the purpose of combating erosion or flooding on the Property;
(b) as incidental to the repair and maintenance of existing soil roads on the Property; and (c) to restore
natural topography or drainage patterns. Notwithstanding the foregoing, no activity expressly
permitted shall significantly impair or interfere with the Conservation Values of the Property as set
forth in the Recitals hereinabove.
H. Recreation. Grantor reserves the right to engage in any and all outdoor recreational
activities, such as hunting and fishing, including the leasing or licensing of same to private individuals,
groups or the general public and the construction of temporary or permanent deer stands, provided all
such activities must be consistent with the continuing of natural conditions of the Property.
I. Conveyance and Subdivision. The Property shall not be divided, partitioned, or
subdivided, or conveyed except in its current configuration as a single parcel.
J. Development Rights. No development rights encumbered or extinguished by this
Conservation Easement shall be transferred to any other lands pursuant to a transferable development
rights scheme or cluster development arrangement or otherwise.
K. Quiet Enjoyment. Grantor, in accordance with its property rights, reserves to itself, its
successors, and assigns, all rights accruing from its ownership of the Property, including (i) the right to
engage in or permit or invite others to engage in all uses of the Property as exist on the date of this
Conservation Easement that are not expressly prohibited or restricted herein and do not significantly
impair or interfere with the Conservation Values of the Property as set forth in the Recitals
hereinabove; and (ii) the right to sell, give, transfer or otherwise convey the Property. Without limiting
the generality of the foregoing, Grantor expressly reserves for itself, its successors and assigns, invitees
and licensees the right of quiet enjoyment of the Property.
L. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with
water control structures or devices, or disruption or alteration of the restored, enhanced, or created
drainage patterns, or impairing the flow or of waters or wetlands within the Property. In addition,
diverting or causing or permitting the diversion of surface or underground water into, within, or out of
the Property by any means; removal of wetlands; and polluting or discharging into waters, springs,
seeps or wetlands is prohibited. Notwithstanding the above, both Grantor and Grantee have the right, at
their respective expense, to undertake such activities consistent with the restoration of the property that
are designed to maintain the natural drainage patterns, hydrology, natural plant habitat or wetland
values.
M. Landscape Management. Landscape alteration by the Grantor in accordance with the
restoration construction activities as specified in the Detailed Mitigation Plan and approved in the NMI
is allowed, provided that such alteration is consistent with restoring and /or preserving the natural
condition of the Property.
N. Other Reserved Rights. Grantor reserves the right to engage in all acts or uses not
prohibited by the Restrictions, and which are not inconsistent with the conservation purposes of this
5

grant, the preservation of the Property substantially in its natural condition, and the protection of its
environmental systems, including, but not limited to, the right to quiet enjoyment of the Property, the
rights of ingress and egress, and the right to sell, transfer, gift or otherwise convey the Property,
provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically
reference, this Conservation Easement, and the right to use the Property as part of a wetland mitigation
bank as approved in the NMI from which wetland mitigation credits are produced and conveyed to
other parties.
ARTICLE III. ENFORCEMENT AND REMEDIES
A. Notification and Enforcement. To accomplish the objectives of this Conservation
Easement, the parties are allowed to prevent any activity on or use of the Property that is inconsistent
with the purposes of this Conservation Easement and to require the restoration of such areas or features
of the Property that may be damaged by such activity or use. Upon any breach of the terms of this
Conservation Easement by either party (the `Breaching Party ") that comes to the attention of the other
party ( "Non- Breaching Party "), the Non - Breaching Party shall notify the Breaching Party in writing of
such breach and whether it considers such breach to be material. The Breaching Party shall have ninety
(90) days after receipt of such notice to correct the conditions constituting such breach. If a breach
alleged to be a material breach by the other party remains uncured after ninety (90) days, the Non -
Breaching Party may:
(1) Enter and inspect the Property for the purpose of determining whether there is a
breach of this Conservation Easement; and /or to
(2) Institute and maintain any suits or proceedings to prevent any impairment of the
Property by acts which may be unlawful or in violation of this Conservation
Easement, to otherwise preserve or protect its interest in the Conservation
Easement, and to seek and recover damages from any appropriate person or
entity, and /or to enjoin any breach or enforce any covenant by temporary, and /or
permanent injunction, either prohibitive or mandatory; and /or to
(3) Require that the Property be restored promptly to the condition required by this
Conservation Easement.
Notwithstanding the foregoing, Grantee reserves the immediate right, without notice, to seek a
temporary restraining order, injunctive or other appropriate relief if the breach of the term of this
Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be
derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such
circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate.
Notwithstanding anything herein to the contrary, Grantor shall not have any liability for damage to the
Property resulting from, or duty to restore any portion of the Property damaged by, any acts in
violation of the terms of this Conservation Easement unless such acts are committed by or at the
direction of Grantor.
The Non - Breaching Party's remedies shall be cumulative and shall be in addition to any other
rights and remedies available to the Non - Breaching Party at law or equity. Notwithstanding the
foregoing provisions, if the Non - Breaching Party, in its sole, but reasonable, discretion, determines that
circumstances require immediate action to prevent or mitigate significant damage to the Conservation
rr

Values of the Property, the Non - Breaching Party may pursue its remedies without prior notice to the
Breaching Party, but shall exercise reasonable efforts to promptly notify the Breaching Party.
B. Inspection. The Grantee, its employees, agents and its successors and assigns, and
Third Party shall have the right, with prior notice to Grantor, to enter the Property at reasonable times
and in reasonable numbers of persons for the purpose of inspecting and monitoring the Property to
determine whether Grantor or its assigns are complying with the terms, conditions and restrictions of
this Conservation Easement. Grantee accepts all liability without limitation arising out of its use of the
Property, including but not limited to Grantee's employees, consultants, or invitees while on the
Property, except harm caused by Grantor's gross negligence.
C. Acts Beyond the Grantor's Control. Nothing contained in this Conservation Easement
shall be construed to entitle the Grantee to bring any action against Grantor nor constitute a breach by
Grantor, for any injury to, change in, or any condition or use of the Property caused by third parties,
resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm,
and earth movement, or from any prudent action taken in good faith by Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the
Property resulting from such causes. Grantor shall be under no duty to repair any damage resulting
from any such acts or causes.
D. Costs of Enforcement. All costs incurred by the Non - Breaching Party in enforcing the
terms of this Conservation Easement against the Breaching Party, including, without limitation, costs
of suits, attorney's fees and any costs of restoration necessitated by the Breaching Party's acts or
omissions in violation of the terms of this Conservation Easement, shall be borne exclusively by the
Breaching Party to the extent that the Breaching Party is judicially determined to have failed to comply
with the terms of this Conservation Easement.
E. No Waiver. Enforcement of this Conservation Easement shall be at the discretion of the
parties and any forbearance by a party to exercise its rights hereunder in the event of any breach of any
term set forth herein shall not be deemed or construed to be a waiver by such party of such term or of
any subsequent breach of the same or of any other term of this Conservation Easement or of such
party's rights hereunder. No delay or omission by a party in the exercise of any right or remedy shall
impair such right or remedy or be construed as a waiver thereof.
ARTICLE IV. THIRD -PARTY RIGHTS
Grantor and Grantee agree that third -party rights of enforcement shall be held by Third Party
and that these rights are in addition to, and do not limit, the rights of the parties to the Mitigation
Banking Instrument.
ARTICLE V. NO PUBLIC ACCESS
The granting of this Conservation Easement does not convey to the public the right to enter the
Property for any purpose whatsoever and the public shall have no such right of access with or without
the permission of Grantee unless Grantor by written consent conveys such access to the public.
Grantor reserves the right to exclude the public from the Property and reserves all rights of a land
owner under North Carolina law to deal with persons on the Property without Grantor's written
consent. However, this Conservation Easement does not restrict any public right to view the Property
7

from adjacent publicly accessible areas. Grantor may erect "no trespassing" signs and enforce trespass
laws with respect to the Property. Grantee has no right to permit any party to enter the Property except
as provided in Article III, Section B hereof. Notwithstanding the foregoing, if Grantor conveys access
to the Property to the public, such uses by the public shall be subject to the terms of this Conservation
Easement.
ARTICLE VI. EXHIBIT, DOCUMENTATION AND TITLE
A. Legal Description. Exhibit A to this Conservation Easement contains the legal
description of the Property that is subject to this Conservation Easement, which Exhibit A is attached
hereto and made a part hereof.
B. Easement or Baseline Documentation Report. The parties acknowledge that the
Baseline Documentation Report, prepared by the Grantee, a copy of which is on file at the offices of
the Grantee, accurately establishes the uses, Conservation Values and condition of the Property as of
the date hereof. Grantee acknowledges and agrees that (i) the Grantor's uses and the Conservation
Values of the Property and (ii) the condition of the Property as of the date hereof comply with the
terms and conditions of this Conservation Easement.
C. Title. The Grantor covenants and represents that the Grantor is the sole owner of and is
seized of the Property in fee simple and has good right to give, grant and convey this Conservation
Easement; that the Property is free and clear of any and all encumbrances, except for the exceptions
listed in Exhibit B attached hereto and incorporated herein by reference, easements, implied easements,
easements arising by legal implication, leases of record, and prescriptive rights of third parties
(collectively, "Permitted Exceptions "); and Grantor covenants that the Grantee shall have the use of
and enjoy all of the benefits derived from and arising out of this Conservation Easement.
ARTICLE VII. MISCELLANEOUS
A. Subsequent Transfers. Grantor, its successors and assigns, shall notify Grantee and
Third Party in writing of the name(s) and address(es) of any party to whom the Property, or any part
thereof or interest therein, is to be transferred and such other documentation as Grantor's professional
advisors shall deem reasonably necessary at or prior to the time said transfer is consummated. Grantor,
for itself and its successors and assigns, agrees to incorporate by reference the terms of this
Conservation Easement in any deed, lease or other legal instrument by which it transfers or divests
itself of any interest, including leasehold interests, in all or a portion of the Property. Failure of
Grantor to comply with this Paragraph shall not impair the validity of this Conservation Easement as to
successor owners or limit its enforceability in any way, nor shall Grantor's failure to comply with this
Paragraph constitute a default under this Conservation Easement. Grantor agrees that the Conservation
Easement is assignable by Grantee in whole, but not in part, upon Grantor's prior written consent,
which shall not be unreasonably withheld, conditioned or delayed, and Grantee agrees to notify
Grantor in writing of any assignment made by Grantee upon such assignment occurring and shall
provide Grantor together with such notice the following: a copy of the proposed assignment; the name,
address, telephone number and principal contact of the assignee; and documentation which verifies that
the assignee is a "qualified organization" within the meaning of Section 170(h)(3) of the Code and
such other documentation as Grantor's professional advisors shall deem reasonably necessary.
8

B. Conservation Purpose.
(1) Grantee, for itself, its successors and assigns, agrees that this Conservation
Easement shall be held exclusively for conservation purposes, as defined in Sections
170(h)(4)(A) and 203 1 (c)(8)(B) of the Internal Revenue Code.
(2) Grantor and Grantee agree that the donation of this Conservation Easement gives
rise to a property right, immediately vested in Grantee, with a fair market value equal to the
proportionate value that the Conservation Easement bears to the value of the Property as a
whole as determined by an appraisal prepared by an MAI certified appraiser, which appraisal
shall be based on the hypothetical condition that the highest and best use of the Property as a
whole is commercial forestland and shall establish a value of the Property as if it were
commercial forestland. Grantor and Grantee agree that such value of the Conservation
Easement shall exclude any value attributable to Grantor's wetland mitigation credits and
hereby assign a proportionate value of fifty percent (50 %) to the Conservation Easement
interest.
That proportionate value of the Grantee's property rights shall remain constant. If a
change in conditions occurs which makes impossible or impractical any continued protection of
the Property for conservation purposes, the restrictions contained herein may only be
extinguished by judicial proceeding. Upon such proceeding, the Grantee, upon a subsequent
sale, exchange or involuntary conversion of the Property, shall be entitled to a portion of the
proceeds at least equal to that proportionate value of the Conservation Easement. The Grantee
shall use its share of the proceeds in a manner consistent with the conservation purposes set
forth in the Recitals herein.
(3) If all or any part of the Property is taken under the power of eminent domain by
public, corporate, or other authority, or otherwise acquired by such authority through a
purchase in lieu of a taking, Grantor and Grantee shall join in appropriate proceedings at the
time of such taking to recover the full value of their respective interests in the Property subject
to the taking and all incidental or direct damages resulting from the taking, unless applicable
law provides that Grantor is entitled to the full proceeds from the taking, sale or conversion
without regard to the terms of this Conservation Easement. All expenses reasonably incurred
by the parties to this Conservation Easement in connection with such taking shall be paid out of
the recovered proceeds. The respective rights of the Grantor and Grantee set forth in this
subsection shall be in addition to, and not in limitation of, any rights they may have at law.
(4) The parties hereto recognize and agree that the benefits of this Conservation
Easement are in gross and assignable as provided herein; provided however, that the Grantee
hereby covenants and agrees that in the event it transfers or assigns this Conservation
Easement, the organization receiving the interest will be a qualified organization as that term is
defined in Section 170(h)(3) of the Internal Revenue Code of 1986 (or any successor section)
and the regulations promulgated thereunder, which is organized or operated primarily for one
of the conservation purposes specified in Section 170 (h)(4)(A) of the Internal Revenue Code,
and Grantee further covenants and agrees that the terms of the transfer or assignment will be
such that the transferee or assignee shall be bound by the terms of this Conservation Easement.
C. Construction of Terms. This Conservation Easement shall be construed to promote the
purposes of the North Carolina enabling statute set forth in N.C.G.S. Section 121 -34, which authorizes
D:

the creation of conservation easements for purposes including those set forth in the Recitals herein, and
the conservation purposes of this Conservation Easement, including such purposes as are defined in
Sections 170(h)(4)(A) and 203 1 (c)(8)(B) of the Internal Revenue Code.
D. Entire Agreement. 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.
E. Recording. Grantee shall record this instrument and any amendment hereto in the
official land records of Craven County, North Carolina, and may re- record it at any time as may be
required to preserve its rights under this Conservation Easement.
F. Hazardous Waste. To the best of Grantor's knowledge, Grantor represents that no
hazardous substance or toxic waste under any applicable rule and regulations exists on the Property nor
has any been generated, treated, stored, used, disposed of, or deposited in or on the Property, and that
there are not now any underground storage tanks located on the Property. Grantor, its successors and
assigns shall indemnify, defend, reimburse and hold harmless Grantee, its successors and assigns, from
and against any and all environmental damages arising from the presence of Hazardous Materials
upon, about or beneath the Property or migrating to or from the Property and arising out of Grantor's,
its successors' or assigns' violation of any environmental requirements pertaining to the Property and
any activities now or hereafter conducted thereon by Grantor, its successors and assigns.
G. Notices and Consent. Unless otherwise provided herein, all notices or other
communications which may be or are required to be given or made by any party to the other under this
Conservation Easement shall be in writing and shall be deemed to have been properly given and
received on the date deposited in the United States mail, registered or certified, return receipt
requested, addressed to the parties as set out below or to such other address(es) as either party may
establish by written notice to the other delivered in accordance herewith.
To Grantor:
Ms. Alissa Cale, Weyerhaeuser NR Company
1785 Weyerhaeuser Road
Vanceboro, NC 28586
Telephone: [phone]
To Grantee:
North Carolina Coastal Land Trust
131 Racine Drive, Suite 202
Wilmington, NC 28403
Telephone: [phone]
Facsimile: (910)790 -0392
To Third Party:
Mr. Raleigh Bland
U.S. Army Corps of Engineers
Regulatory Division
2407 West Fifth Street
Washington, NC 27889
10

In any case where the terms of this Conservation Easement require the consent of any party, such
consent shall be requested by written notice. Such consent shall be deemed to have been given unless,
within forty -five (45) days after receipt of notice, a written notice of disapproval and the reason
therefore has been mailed to the party requesting consent.
H. Amendments. If circumstances arise under which an amendment to or modification of
this Conservation Easement would be appropriate, Grantor and Grantee are free to jointly amend this
Conservation Easement with permission of Third Party to meet changing conditions, provided that no
amendment will be allowed that is inconsistent with the purposes of this Conservation Easement;
affects the perpetual duration of this Conservation Easement; and any amendment must be in writing
and signed and acknowledged by Grantor and Grantee, or their respective successors and assigns.
Such amendment(s) shall be effective upon recording in the office of public land records of Craven
County, North Carolina.
I. Present Condition of the Property. The natural characteristics of the Property and its
current use and state of improvement are described in the Baseline Documentation Report referenced
above prepared by Grantee and acknowledged by the Grantor and Grantee to be complete and accurate
as of the date hereof. Both Grantor and Grantee have copies of this Report. It will be used by the
parties to assure that any future changes in the use of the Property will be consistent with the terms of
this Conservation Easement. However, this Report is not intended to preclude the use of other
evidence to establish the present condition of the Property if there is any dispute with respect to its use.
J. Applicable Law and Interpretation. This Conservation Easement shall be construed
under the laws of the State of North Carolina, and any ambiguities herein shall be resolved so as to
give maximum effect to the conservation purposes sought to be protected herein.
K. Binding Effect. The covenants agreed to and the terms, conditions, restrictions and
purposes imposed in this Conservation Easement shall be binding upon Grantor, Grantor's successors
and assigns and shall continue as a servitude running in perpetuity with the Property.
L. Invalidity. The invalidity of any provision (or portion thereof) of this Conservation
Easement shall not be deemed to impair or affect in any manner the validity or enforceability or effect
of the remaining provisions (or portions thereof) of this Conservation Easement, and in such event, all
of the other provisions of this Conservation Easement shall continue in full force and effect as if such
invalid provision had never been included herein 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.
M. Captions. The captions herein are only for convenience and reference and do not
define, limit or describe the scope of this Conservation Easement, or the intent of any provision hereof.
N. Interpretation. Whenever appropriate the singular may be read as plural, and plural may
be read as singular, and the masculine gender may be read as the feminine or neuter gender.
O. Taxes and Assessments. The Grantor shall pay any real estate taxes, ad valorem,
deferred land -use or roll -back taxes and all other tax assessments of whatever kind and nature assessed
or levied against the Property.
11

P. No Extinguishment by Merger. The Grantor and Grantee agree that the terms of
this Conservation Easement shall survive any merger of the fee and easement interests in the Property.
Q. Mediation. If a dispute arises between the parties concerning the consistency of any
proposed use or activity with the purpose or terms of this Conservation Easement that they cannot
resolve through unassisted consultation between themselves, and Grantor agrees not to proceed with,
or shall discontinue, the use or activity pending resolution of the dispute, either party may refer the
dispute to mediation by request made in writing upon the other. Within ten (10) days of the receipt of
such a request, the parties shall select a single trained and impartial mediator. If the parties are unable
to agree on the selection of a single mediator, then the parties within fifteen (15) days of the receipt of
the initial request shall jointly apply to a proper court for the appointment of a trained and impartial
mediator. Mediation shall then proceed in accordance with the following guidelines:
(1) Purpose. The purpose of the mediation is to (i) promote discussion between the parties; (ii)
assist the parties to develop and exchange pertinent information concerning the issues in
dispute; and (iii) assist the parties to develop proposals that enable them to arrive at a
mutually acceptable resolution of the controversy. The mediation is not intended to result
in any express or de facto modification or amendment of the terms, conditions or
restrictions of this Conservation Easement.
(2) Participation. The mediator may meet with the parties and their counsel jointly or ex parte.
The parties agree that they will participate in the mediation process in good faith and
expeditiously, attending all sessions scheduled by the mediator. Representatives of both
parties with settlement authority will attend mediation sessions as requested by the
mediator.
(3) Confidentiality. All information presented to the mediator shall be deemed confidential and
shall be disclosed by the mediator only with the consent of the parties or their respective
counsel. The mediator shall not be subject to subpoena by any party. No statements made
or documents prepared for mediation sessions shall be disclosed in any subsequent
proceeding or construed as an admission of a party.
(4) Time Period. Neither party shall be obligated to continue the mediation process beyond a
period of ninety (90) days from the date of receipt of the initial request or if the mediator
concludes that there is no reasonable likelihood that continuing mediation will result in a
mutually agreeable resolution of the dispute.
(5) Costs. The cost of the mediator shall be borne equally by the Grantor and Grantee; the
parties shall bear their own expenses, including attorney's fees, individually.
R. Indemnity. Grantee, and its successors and assigns, agrees to the fullest extent
permitted by law, to defend, protect, indemnify and hold harmless Grantor from and against all claims,
actions, liabilities, damages, fines, penalties, costs and expenses suffered as a direct or indirect result of
any violation of any federal, state, or local environmental law by Grantee after the date hereof related
to hazardous substance, waste or other regulated material in, on or under the Property.
S. Subsequent Liens and Transfers. No provisions of this Conservation Easement shall be
construed as impairing the ability of Grantor to use the Property for collateral for borrowing purposes,
12

provided that any mortgage or lien arising therefrom shall be subordinated to this Conservation
Easement. The Property owner shall not convey the Property or any interest therein, and shall not
incur, assume, or suffer to exist any lien upon or with respect to the Property without disclosing to the
prospective buyer the Conservation Easement and the obligations of the Property owner and
limitations on use of the Property.
T. Transfer of Conservation Easement. Subject to the Grantor's reasonable written
consent, of the proposed transferee, which consent shall not be unreasonably withheld, conditioned or
delayed, the Grantee shall have the right to transfer this Conservation Easement to any public agency
or private nonprofit organization that, at the time of transfer, is a qualified organization under §170(h)
of the U.S. Internal Revenue Code, as amended and under NCGS 121 -34 et seq., provided the agency
or organization expressly agrees to assume the responsibility imposed on the Grantee by this
Conservation Easement. As a condition of such transfer, Grantee shall require that the conservation
purposes advanced hereunder shall continue to be carried out. The transfer or assignment shall be
made in a writing signed by the parties and the transferee or assignee, and recorded in the Craven
County Registry.
If the Grantee ever ceases to exist or no longer qualifies under §170(h) of the U.S. Internal
Revenue Code, or applicable law, a court with jurisdiction shall transfer this Conservation Easement to
another qualified organization having similar purposes that agrees to assume the responsibility
imposed by this Conservation Easement. Any expenses relative to such transfer shall be at Grantee's
expense.
TO HAVE AND TO HOLD a Conservation Easement on the Property unto Grantee, its
successors and assigns, forever. And the Grantor covenants with the Grantee that Grantor is seized of
the Property in fee simple, has the right to convey this Conservation Easement to the Grantee, that title
is marketable and free and clear of all encumbrances, and that the Grantor will warrant and defend the
title against the lawful claims of all persons whomsoever except for the Permitted Exceptions and any
other exceptions set forth in this Conservation Easement.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed in its name by
authority duly given and Grantee has caused this instrument to be executed in its name by authority of
its Board of Directors, the day and year first above written.
SIGNATURES ON FOLLOWING PAGE
13

[Corporate Seal]
NORTH CAROLINA
COUNTY
:•
GRANTOR:
WEYERHAEUSER NR COMPANY
Printed Name
Title
I, , Notary Public in and for the County and State aforesaid,
certify that personally came before me this day and
acknowledged that s /he is of Weyerhaeuser, and being authorized to do
so, executed the forgoing on behalf of the corporation.
Witness my hand and official seal or stamp this day of ,
2012.
NOTARY PUBLIC
Print Name:
My commission expires:
14
(Notary Seal)

GRANTEE:
[Corporate Seal] NORTH CAROLINA COASTAL LAND TRUST
NORTH CAROLINA
NEW HANOVER COUNTY
Printed Name Title
I, , Notary Public in and for the County and State aforesaid,
certify that personally came before me this day and
acknowledged that he is President of North Carolina Coastal Land Trust, and being authorized to do
so, executed the forgoing on behalf of the corporation.
Witness my hand and official seal or stamp this day of
2012.
NOTARY PUBLIC
Print Name:
My commission expires:
15
(Notary Seal)

EXHIBIT A
TO
CONSERVATION EASEMENT
LEGAL DESCRIPTION OF THE PROPERTY SUBJECT
TO THE CONSERVATION EASEMENT
BEING all of those certain tracts shown and delineated as " " on that
certain map entitled " , dated 2012, recorded in Map
or Plat Book , Page , Craven County Registry, reference to which is hereby made for a
more perfect description of the aforesaid
16

EXHIBIT B
TO CONSERVATION EASEMENT
EXCEPTIONS
1. Craven County ad valorem taxes for the year 2011, and all subsequent years, which shall
remain the responsibility of the Grantor, its, successors and assigns; and
2. All general service and utility easements of record in the Craven County Registry;
3. Such matters disclosed on that survey entitled in part,
prepared by , Professional Land Surveyor, dated
and recorded in Plat Cabinet , Slide Craven
County Public Registry.
4. Title to that portion of the land lying below the high water mark of Brice's Creek.
5. Laws of the State of North Carolina or any other governmental agency relating to wetlands
and /or waterfront property.
6. Riparian rights of others in and to creeks, ditches, canals, marshes and other water courses on
the land, including, but not limited to, Brice's Creek.
AND ADDITIONAL EXCEPTIONS TO BE DETERMINED AFTER TITLE WORK RECEIVED.
17