20160241 Ver 2_BPDP for PN_20180724

Bank Parcel Development Plan
Stone Creek Mitigation Site
(DWR #2016-0241v2)
Johnston County, North Carolina
Neuse River Basin
HUC 03020201
Prepared by:
fires
Bank Sponsor: EBX-Neuse I, LLC,
302 Jefferson Street, Suite 110
Raleigh, NC 27605
919-209-1056
July 2018
Stone Creek Parcel Development Package
Buffer/Nutrient Offset Site 1 July 2018

Table of Contents
1 INTRODUCTION.............................................................................................................................. 3
1.1 Parcel Location.............................................................................................................................
3
1.2 Parcel Overview............................................................................................................................3
2 PROJECT AREA — EXISTING CONDITIONS............................................................................. 5
2.1 Physiography................................................................................................................................
5
2.2 Soils..............................................................................................................................................
5
2.3 Existing Vegetative Communities................................................................................................6
2.4 Wetlands.......................................................................................................................................
8
2.5 Threatened and Endangered Species............................................................................................
8
2.6 Environmental and Cultural Constraints......................................................................................
9
2.7 FEMA Floodplain/Floodway Mapping........................................................................................
9
3 RIPARIAN RESTORATION, ENHANCEMENT AND PRESERVATION PLAN...................9
3.1 Parcel Preparation.......................................................................................................................10
3.2 Riparian Restoration Activities..................................................................................................10
3.3 Riparian Enhancement Activities...............................................................................................11
3.4 Riparian Preservation Activities.................................................................................................
11
3.5 Planting Plan...............................................................................................................................11
3.6 Easement Boundaries and Fencing.............................................................................................12
3.7 Proposed Credit Release Schedule.............................................................................................13
4 MONITORING AND MAINTENANCE PLAN...........................................................................13
4.1 Monitoring Protocol and Success Criteria..................................................................................13
4.2 Adaptive Management Plan & Parcel Maintenance...................................................................14
4.3 Long Term Management Plan....................................................................................................14
5 FINANCIAL ASSURANCE............................................................................................................15
6 MITIGATION POTENTIAL..........................................................................................................15
7 REFERENCES.................................................................................................................................17
APPENDICES
Appendix A— Supporting Figures
Figure 1. Service Area Map
Figure 2. Project Vicinity Map
Figure 3. Existing Conditions Map
Figure 4. Conceptual Design Plan for Riparian Buffer and Nutrient Offset Credit Determination
Figure 5: Conceptual Design for Stream Mitigation
Figure 6. USGS Topographic Map
Figure 7. Soils Map
Figure 8. National Wetlands Inventory Map
Figure 9. FEMA Map
Figure 10. Monitoring Map
Appendix B - Correspondence
Appendix C - Conservation Easement and Plat (will be provided when complete)
Appendix D - Existing Conditions Photos (February 8, 2018)
Appendix E — Pond Plan Sheet
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I INTRODUCTION
EBX—Neuse I, LLC (EBX), an entity of Resource Environmental Solutions (RES), is pleased to provide
this Bank Parcel Development Plan (BPDP) for the Stone Creek Riparian Buffer & Nutrient Offset
Mitigation Bank ("Parcel"). This Parcel is designed to provide riparian buffer mitigation credits for
unavoidable impacts due to development within the Neuse River Basin, United States Geological Survey
(USGS) 8 -digit Hydrologic Unit Code (HUC — 03020201). In addition, it will also provide nutrient offset
credits in the HUC - 03020201, excluding the Falls Lake Watershed, for existing and proposed
development requiring such mitigation (Figure 1). This BPDP is in accordance with the Consolidated
Buffer Mitigation Rule 15A NCAC 02B .0295, the Nutrient Offset Rule 15A NCAC 02B .0240 and the
RES Neuse Umbrella Mitigation Banking Instrument for Riparian Buffer Mitigation and Nutrient Offset
Credits (LIMBI), made and entered into by EBX-Neuse I, LLC acting as the Bank Sponsor (Sponsor), and
the North Carolina Department of Environmental Quality -Division of Water Resources (DWR).
Supporting figures can be found in Appendix A. The BPDP has also been designed in concurrence with
the Stone Creek Stream Mitigation Site in the Neu -Con Stream and Wetland Umbrella Mitigation Bank
(SAW# 2016-01990). The draft mitigation plan for the Stone Creek Stream Mitigation Site has been
submitted to the North Carolina Interagency Review Team (IRT) for review and comment.
1.1 Parcel Location
The Stone Creek Parcel is located in Johnston County approximately fourteen miles south of Smithfield,
North Carolina (Figure 2). The Parcel is located within Neuse River Basin USGS 14 -digit HUC
03020201150040, a Targeted Local Watershed, and DWR Subbasin Number 03-04-04.
To access the Parcel from the town of Smithfield, head south on US -301 S for approximately four miles
then continue straight onto US -301 S/US-701 S for seven miles. Then turn left onto Stricklands Crossroads
Road and continue for around two miles until taking a right onto Joyner Bridge Road. After about a half
mile on Joyner Bridge Road, the access farm road is on the right. The coordinates of the Parcel are
35.349684°N and -78.338352°W.
1.2 Parcel Overview
When combining the Stone Creek Stream Mitigation Site with the Stone Creek Buffer and Nutrient Offset
Mitigation Bank, the conservation easement will total approximately 41.41 acres and is made up of
unnamed tributaries that flow directly to Mill Creek, a direct tributary of the Neuse River. The Parcel is
located in an area dominated by agricultural fields, cattle pastures and wooded areas. A majority of the
Parcel is currently non -forested and forested pasture that are grazed by livestock however there is
a large portion utilized for row -crop production. Additional land use practices including the maintenance
and removal of riparian vegetation and the relocation, dredging and straightening of onsite streams h as
resulted in degraded water quality and unstable channel characteristics.
The Stone Creek Stream Mitigation Site is proposed to provide stream restoration, enhancement, and
preservation on approximately 5,375 linear feet of streams within the conservation easement through a
separate mitigation banking instrument. Figure 3 shows the existing stream channels and Figure 4 shows
the proposed conceptual design for riparian buffer and nutrient offset credits. Figure 5 shows the proposed
mitigation areas for the stream mitigation bank. Riparian restoration, enhancement, and preservation of
the Neuse riparian buffer (as defined in 15A NCAC 02B .0233) and other riparian areas onsite are
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Buffer/Nutrient Offset Site 3 July 2018

anticipated to result in immediate water quality benefits within the vicinity of the Parcel and will include
the removal of livestock access to Parcel streams and reduction in nutrient loads from agricultural land -
uses. The riparian restoration activities within the Parcel will also result in improved water quality within
the downstream watershed.
The project area is comprised of three separate easement locations along multiple drainage features that
flow into the Mill Creek floodplain. The easement is separated by two agricultural crossing. The project
includes four reaches; UTI, UT2, UT3, and UT4. They range from forested disturbed streams to
unbuffered frequently ditched agricultural streams. In the eastern extent of the proposed easement an
unnamed perennial tributary, UTI, flows to the southwest starting as a very incised forested channel that
had been historically straightened but is now forested and restored itself partially. It then flows out into a
field where it becomes a historically ditched and straightened stream. After crossing the field UT1 flows
into a hardwood forested wetland area where it flows into UT3. The center of the site consists of perennial
tributaries UT2 and UT4. UT2 is a small tributary that historically was created from overflow from a pond
and has been heavily impacted and degraded by cattle access however after restoration it will meander
through an established forest and the pond bottom that once fed it. UT2 flows almost directly south into
UT4. UT4's headwaters are in a ditch dividing two fields. In the field and in the adjacent forest the channel
has been highly incised through ditching, so much so that obvious spoil piles can be seen on the left bank
of the channel. UT4 flows west until its confluence with UT2 where it starts to flow in the southern
direction toward UT3. UT3 is a perennial stream that flows into the project from the west. It flows
southeast along the southern border of the project until it eventually dissipates into the wetland floodplain
of Mill Creek. Stream Classification Forms were completed at representative locations throughout the
project area and stream determinations were confirmed by DWR staff during a site visit on November
20, 2017. Correspondence regarding this determination is in Appendix B.
The Stone Creek Bank Parcel is being proposed to restore, enhance, and preserve stream systems with
their adjacent riparian buffers and their functions and values to compensate, in appropriate
circumstances, for unavoidable stream and riparian buffer impacts and nutrient load reduction
requirements. The buffer mitigation plan proposed on this Bank is being submitted for review under
the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 as well as conditions specified in
the RES Neuse Umbrella Mitigation Banking Instrument Riparian Buffer and Nutrient Offset. DWR
staff performed an onsite viability assessment for buffer mitigation and nutrient offset on October
2, 2017. Correspondence regarding this assessment and re-evaluation of the ponds is provided in
Appendix B.
For purposes of the Stone Creek Riparian Buffer and Nutrient Offset Bank, the Parcel involves restoring
riparian buffers and other riparian areas adjacent to mitigated streams onsite. Of the total 41.41 total acres
in the conservation easement, 10.22 acres (445,245 feet squared) will be restored for Neuse riparian buffer
credit (which is also viable to generate nutrient credit), 3.28 acres (7,455.51 pounds) acres will be restored
for nutrient offset credit, 1.98 acres (86,460 feet squared) acres will be enhanced by the removal of cattle
from the streams and riparian areas for Neuse riparian buffer credit only, and 0.48 acres (20,691 feet
squared) acres will be preserved for Neuse riparian buffer preservation.
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2 PROJECT AREA — EXISTING CONDITIONS
2.1 Physiography
The Parcel is in the Rolling Coastal Plain Physiographic Province. The site is located on the Mill Creek
floodplain and has a gently rolling topography. Elevations range from 100 to 125 feet above mean sea
level (NAD 27) based upon United States Geological Survey (USGS) mapping (Figure 6). Four unnamed
tributaries on the Stone Creek Bank Parcel, as well as overland flow of stormwater, drain into Mill Creek
and eventually the Neuse River. All streams are classified as Class C; NSW. Class C waters are suitable
for aquatic life, secondary recreation, and agricultural usage. The NSW is a designation for nutrient
sensitive waters — intended for waters needing additional nutrient management due to being subject to
excessive growth of microscopic or macroscopic vegetation. Natural drainage patterns throughout the
watershed have been altered by cultivation and dredging of the channels. Within the proposed mitigation
area, the channels drain surface water and groundwater from the surrounding row crop agriculture and
cattle pastures.
2.2 Soils
The soils within the Rolling Coastal Plain region of Johnston County formed in sediments deposited
several million years ago by the oceans and streams. The floodplains along the Neuse River consist of
relatively recent deposits of sediments that are not as highly weathered as sediments in the Coastal Plain
Region. Much of the county is well drained; however, several areas are poorly drained. The Parcel is
located on the border of the Roanoke-Dorovan and Vaucluse -Gilead -Candor -Blaney soil associations.
The Johnston County Soil Survey shows several mapping units across the project site. Map units include
six soil series (Figure 7). The upland soils found in this area of the county formed in sandy sediments
from marine and fluviomarine deposits, loamy alluvium, or clayey Coastal Plain sediments. The upland
soils at this site are on a river terrace above the active floodplain. The soil series found on the site are
described below and summarized in Table 1.
Table 1. Parcel Mapped Soil Series
Map Unit
Map Unit Name
Hydric
Drainage
Hydrologic
Landscape
Symbol
Class
Soil Group
Setting
Bb
Bibb sandy loam, 0-
Yes
Poor
A/D
Floodplains
2% slopes
Dorian fine sandy
Moderately
Flats on stream
DoA
loam, 0 to 2 percent
No
Well
C
terraces
slo es, rarel flooded
GeB
Gilead sandy loam, 2
NO
Moderately
C
Ridges on marine
to 8 ercent slopes
well
terraces
GeD
Gilead sandy loam, 8
NO
Moderately
C
Ridges on marine
to 15 ercent slopes
well
terraces
Tomotley sandy loam,
Depressions on stream
To
0 to 2 percent slopes,
Yes
Poor
B/D
terraces, flats on
rarely flooded
stream terraces
Broad interstream
Gr
Grantham silt loam, 0
Yes
Poor
C/D
divides on depressions,
to 2 percent slopes
broad interstream
divides on flats
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Bibb sandy loam. This is a very deep, poorly drained soil found on flood plains of the Coastal Plain.
Slopes are generally less than two percent. Soils formed in stratified sandy alluvium and have very slow
runoff with moderate permeability. The water table is generally within eight inches of the surface for six
to eleven months of the year. Bibb sandy loams occurs along the wooded section of Reach UT1 and on
the whole southern portion of the Parcel.
Dorian fine sandy loam. This is a very deep, moderately well drained soil found on flats on stream
terraces. Slopes are generally less than two percent. Soils formed in clayey fluvial sediments and have
slow runoff and slow permeability. Dorian fine sandy loam occurs on the eastern fork of the Parcel, in the
agricultural fields.
Gilead sandy loam. This is a very deep, moderately well drained soil found on ridges on marine terraces.
Slopes are generally zero to eight percent on site. Soils are formed in clayey Coastal Plain sediments and
have moderately slow or slow permeability. These soils are found on the northern portion of the Parcel, in
the uplands.
Grantham silt loam. This is a very deep, poorly drained soil found uplands of the Middle and Lower
Coast Plain. The slopes range from zero to two percent. These soils formed in loamy and silty Coastal
Plain sediments and have moderately slow permeability. On the Parcel, these soils are found along reaches
UT2 and UT4.
Tomotley sandy loam. This is a very deep, poorly drained soil found on depressions and flats on stream
terraces. Slopes are generally zero to two percent. These soils were formed in loamy marine and fluvial
sediments and have slow runoff with moderate to moderately slow permeability. Tomotely sandy loam is
found in a small area on the southern portion of the Parcel.
2.3 Existing Vegetative Communities
Current land use in the vicinity of the Parcel is primarily composed of pasture, forest, and row crop
(Appendix D). There are low-density residential lots, maintained vegetation, and two-lane roads also
present in the area surrounding the Parcel. The site viability letters from DWR in Appendix B provides
details on land -uses within the riparian areas on the site.
Forested riparian areas have been intermittently cattle -grazed and lack a well-developed understory and
shrub strata. The areas most closely resemble a disturbed Coastal Plain small stream swamp and are
dominated by hardwoods and loblolly pine (Pinus taeda). Canopy species include loblolly pine, black gum
(Nyssa biflora), red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), and various oaks
(Quercus spp.). Sub -canopy species include sweet bay magnolia shrubs (Magnolia virginiana) and the
main herbaceous species are giant cane (Arundinaria gigantea) and Japanese stiltgrass (Microstegium
vinenium).
Some exotics were noted, including Chinese privet (Ligustrum sinense), Japanese stiltgrass (Microstegium
vimineum), and Japanese honeysuckle (Lonicera japonica). Japanese stiltgrass are widespread and locally
dense.
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Rivarian Areas
An Existing Conditions Map is provided in Figure 3. Current stream conditions along the proposed
restoration reaches exhibit habitat degradation as a result of impacts from livestock and channelization
performed to promote agricultural activities. The riparian buffer is in poor condition throughout most of
the project area where much of the riparian buffer is devoid of trees or shrubs and active pasture or row
crops is present up to the edge of the existing channel. UTI is 2,127 linear feet and flows southwest
through forest and a cultivated field to its confluence with UT3. The riparian buffer on this reach is made
up of row crop vegetation for about half of its length. The other half has native hardwoods, shrubs, and
invasive vegetation. Neuse riparian buffer restoration is proposed for riparian buffer credit in currently
cultivated areas while preservation is proposed in currently forested areas. UT1 is subject to the Neuse
Buffer Protection Rule 15A NCAC 02B .0233 and is therefore being proposed to generate buffer
mitigation credit under 15A NCAC 02B .0295 (n) and (0)(5).
UT2 is 1,185 linear feet and flows south through sparse forest of scattered pines to its confluence with
UT4. The upper portion of this reach is currently a farm pond that is proposed to be restored and
incorporated into the stream channel (pond 1). This man-made pond is currently found in the National
Wetlands Inventory (NWI) and labeled as PUBHx (Palustrine Unconsolidated Bottom Permanently
Flooded) and has been in existence since before the 1960's. Currently, there is little surrounding buffer
and fairly high relic spoil piles surrounding the pond that will be used to backfill it. Neuse riparian buffer
restoration is proposed for riparian buffer credit in currently cultivated areas while enhancement is
proposed in currently forested areas. UT2 is subject to the Neuse Buffer Protection Rule 15A NCAC 02B
.0233 and are therefore being proposed to generate buffer mitigation credit under 15A NCAC 02B .0295
(n), (0)(3), and (0)(6).
UT3 is 1,704 linear feet and flows south east through forest towards the floodplain of Mill Creek. The
buffer on this reach is primarily comprised of hardwoods and other mature trees. Neuse riparian buffer
preservation credit is proposed in currently forested areas. UT3 is subject to the Neuse Buffer Protection
Rule 15A NCAC 02B .0233 and are therefore being proposed to generate buffer mitigation credit under
15A NCAC 02B .0295 (0)(5).
UT4 is 1448 linear feet and flows west then south towards its confluence with UT3. Its headwaters start
in a ditch dividing two fields. In the field and in the adjacent forest the channel has been very incised
through ditching, so much so that obvious spoil piles can be seen on the left bank of the channel. Then it
flows through a narrow fringe of hardwood and pine trees concentrated on the right bank of the stream.
UT4 flows west until its confluence with UT2 where it starts to flow in the southern direction toward UT3.
Southeast of the confluence of UT2 and UT4 is a small shallow pond surrounded by relic spoil banks that
will be used to fill the pond and then it will be planted. This man-made pond is mapped on the NWI and
labeled as PUBFx (Palustrine Unconsolidated Bottom Semi -permanently Flooded). UT4 then flows
through a pine forest where invasive herbaceous species and pine trees dominate the riparian buffer. There
is a 30' stream crossing upstream of its confluence with UT3. Since the viability letter (Appendix B), the
section of UT4, between the confluence with UT2 and UT3, have been re -named from the southern section
of UT2 to the southern section of UT4 (Figure 4). It was re -named during further development of the
design due to the location and size of the drainage areas. Neuse riparian buffer restoration is proposed for
riparian buffer credit in currently cultivated areas while enhancement is proposed in currently forested
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areas. Ditch 4-a meets Neuse Buffer Protection Rule 15A NCAC 0213.0295 (0)(8) (A, B, C & E), but it
proposed for nutrient offset credit only. The width of riparian buffer restoration is under 100 feet along
this section. The downstream reach of UT4 is subject to the Neuse Buffer Protection Rule 15A NCAC
02B .0233 and is therefore being proposed to generate buffer mitigation credit under 15A NCAC 02B
.0295 (n) and (0)(6).
2.4 Wetlands
The US Fish and Wildlife Service National Wetland Inventory (NWI) Map depicts three wetland areas
within the site (Figure 8). One wetland area is mapped as PFO1 C (Palustrine Forested Broad -Leaved
Deciduous Temporary Flooded) and is located in the southern half of the project area. The other two
wetlands included in the NWI map are PUBHx (Palustrine Unconsolidated Bottom Permanently Flooded)
and PUBFx (Palustrine Unconsolidated Bottom Semipermanetly Flooded Excavated) and are two ponds
located in the northeast portion of the project area.
A wetland delineation was performed in January 2017. Wetland boundaries were delineated using current
methodology outlined in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual and
Regional Supplement to the U.S. Army Corps of Engineers Wetland Delineation Manual: Atlantic and
Gulf Coastal Plain Region (Version 2.0) (U.S. Army Corps of Engineers 2010). Soils were characterized
and classified using the Field Indicators of Hydric Soils in the United States, Version 7.0 (USDA-NRCS
2010). Wetland boundaries were marked with sequentially numbered wetland survey tape (pink/black
striped). The jurisdictional wetland boundaries are depicted on Figure 3 and Figure 8. No wetland areas
are being proposed for wetland mitigation credit. Wetlands delineated have been field verified by
Samantha Dailey of the United States Army Corp of Engineers (USACE) on June 22, 2017.
2.5 Threatened and Endangered Species
Plants and animals with a federal classification of endangered (E) or threatened (T) are protected under
provisions of Sections 7 and 9 of the Endangered Species Act of 1973, as amended. The US Fish and
Wildlife Service database (updated 22 September 2010) lists four endangered species for Johnston County,
North Carolina: red -cockaded woodpecker (Picoides borealis), Tar River spinymussel (Eliptio
steinstansana), dwarf wedgemussel (Alasmidonta heterodon), and Michaux's sumac (Rhus michauxii)
(Table 2). The Bald eagle (Haliaeetus leucocephalus) is protected under the Bald and Golden Eagle
Protection Act (BGPA) and prohibits take of bald and golden eagles. No protected species or potential
habitat for protected species was observed during preliminary site evaluations.
In addition to the US Fish and Wildlife Service (USFWS) database, the NC Natural Heritage Program
(NHP) GIS database was consulted to determine whether previously cataloged occurrences of protected
species are mapped within one mile of the project Site. Results from NHP indicated that there is one known
occurrence west of the Site within a one -mile radius of the project area. The NHP database documented
aquatic habitat of the Neuse River Waterdog historically mapped in 1979. Based on initial site
investigations, no impacts to federally protected species are anticipated as a result of the proposed project.
The proposed project offers some potential to greatly benefit the downstream water quality within the
Upper Neuse sub -basin. USFWS agreed with the findings that there are minimal adverse impacts to fish
and wildlife resources and that it is unlikely that any federally listed species are likely to occur in the
project area expected from this Project. Documentation is included in Appendix B.
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Table 2. Federally Protected Species in Johnston County
Common Name
Scientific name
Federal
Status
Habitat
Present
Record
Status
Vertebrate:
Red -cockaded woodpecker
Picoides borealis
E No
Current
Bald eagle
Haliaeetus leucoce halus
BGPA Yes
Current
Invertebrate:
Tar Rivers in mussel
Eli do steinstansana
E
No
Current
Dwarf wed emussel
Alasmidonta heterodon
E
No
Current
Vascular Plant:
Michaux's Sumac Rhus michauxii E No Current
E = Endangered; BGPA = Bald and Golden Eagle Protection Act
2.6 Environmental and Cultural Constraints
Environmental and cultural resources include historic and archeological resources located in or near the
project parcel. RES has evaluated the Parcel's existing and future conditions of cultural resources to
determine potential project impacts. The evaluation focused primarily on the presence of hazardous
materials, utilities and restrictive easements, rare/threatened/endangered species or critical habitats,
cultural resources, and the potential for hydrologic trespass. A review of North Carolina State Historic
Preservation Office (SHPO) GIS Web Service (accessed 28 March 2017) database did not reveal any listed
or potentially eligible historic or archeological resources in the proposed project area. The NC State
Historic Preservation Office (SHPO) conducted a review as well and found no historic resources that
would be affected by the Stone Creek Mitigation Site. Correspondence is provided in Appendix B.
2.7 FEMA Floodplain/Floodway Mapping
Mill Creek and UT3 within the project area is mapped within a FEMA 100 -year floodplain (Zone AE) and
a FEMA floodway (Figure 9). RES will conduct a FEMA flood study to either obtain a No -Rise
Certification or CLOMR/ LOMR from the Johnston County floodplain administrator. Construction access
is slightly constrained in some areas by existing mature hardwood vegetation. A tree survey will be
conducted to design the mitigation measures and access to minimize impacts to specimen trees.
3 RIPARIAN RESTORATION, ENHANCEMENT AND PRESERVATION PLAN
Riparian restoration, enhancement and preservation adjacent to streams are shown in Figures 4 and 5, and
were approved by the DWR in their letter dated December 19, 2017 and attached in Appendix B. All
riparian restoration, enhancement and preservation buffer mitigation activities along channels will begin
from the tops of the banks and extend a maximum of 200 feet perpendicular to the stream channel where
possible pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits
pursuant to 15A NCAC 02B .0240. Riparian restoration adjacent to the ditch will begin from the tops of
the ditch bank and extend outward a minimum of 50 feet. The restoration of plant communities within the
Parcel will not only provide stabilization and improve water quality within the easement limits, but also
provide ecological benefits to the entire watershed. Vegetation within riparian buffers can vary depending
on disturbance regime and adjacent community types, so the Neuse riparian buffer and other riparian areas
located within the conservation easement will be planted with appropriate native species observed in the
surrounding forest and species known to occur in similar environments. These activities will commence
in concurrence with the stream mitigation activities and not before. Therefore, the mitigation area where
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riparian restoration is being performed may be altered slightly depending on the approval of the Stream
Mitigation Plan for the Stream Mitigation Bank. All riparian restoration and enhancement areas will be
surveyed and information provided in the As -Built report. The As -Built report will also include any
deviations that were made to the approved BPDP.
All applicable federal, state, and local documentation, permits, and/or authorizations will be acquired as
part of implementing the above-mentioned mitigation plan and will be provided to DWR as part of the
As -Built Report.
3.1 Parcel Preparation
Preparation inside of the parcel during riparian restoration activities will include stabilization efforts to
minimize non -diffuse flow. Pond 1 will be drained and breached. Pond 2 will be de -watered and backfilled
using the relic spoil pile berm adjacent to it. Preparation of the ponds will begin a minimum of six months
before the rest of project construction begins. A combination of silt fencing, erosion control wattles,
temporary seeding, and erosion control matting will be used to reduce erosion and stabilize soil in riparian
areas during land disturbance activities in accordance with the pre -construction permit. These erosion
control measures shall be inspected and properly maintained at the end of each working day to ensure
measures are functioning properly until permanent vegetation is established. Disturbed areas will be
temporarily seeded within 10 working days and upon completion of final grading, permanent vegetation
shall be established for all disturbed areas. After construction activities, the subsoil will be scarified and
any compaction will be deep tilled before the topsoil is placed back over the site. Any topsoil that is
removed during construction will be stockpiled and placed over the site during final soil preparation. This
process should provide favorable soil conditions for plant growth. Temporary and permanent riparian
seeding shall be done in accordance with the erosion control plan. Bare root plantings and live stakes will
be planted according to detail shown in the planting plan.
3.2 Riparian Restoration Activities
The current land use adjacent to the majority of the streams on the Bank Parcel is pasture. Neuse riparian
buffer restoration is proposed for riparian buffer credit in currently cultivated areas while enhancement or
preservation is proposed in currently forested areas. All riparian restoration areas will be planted from top
of bank back at least 50 feet from the stream with bare root tree seedlings on an 8 by 8 foot spacing to
achieve an initial density of 680 trees per acre. The buffered channels will provide water quality and
habitat functions within the sensitive Neuse River watershed. Some areas adjacent to the forested areas
may require maintenance due to the rapid regeneration of some species, such as red maple (Acer rubrum)
and sweetgum. Rapidly regenerating species and invasive species (e.g. privet) may develop greater
individual species density and create a less diverse mix. Minimal maintenance is anticipated due to the
past cultivation history.
Restoration activities will occur in reaches UT 1, UT2, pond 1, pond 2 and the upstream portion of UT4 as
shown in Figure 4 and 5. These activities will include backfilling sections of abandoned stream channels
to the elevation of the floodplain in areas adjacent to the new channel with material excavated onsite from
pond removal and installing channel plugs where necessary. Activities will also include meandering the
proposed channels within the natural valley and stabilizing stream banks using a combination of grading,
erosion control matting, bare -root plantings, native material revetment techniques (i.e. bioengineering),
structure placement, and sod transplants where possible. In reach UTI, existing culverts will be removed
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and replaced with high-density polyethylene (HDPE) pipes; one buried one foot to allow for fish passage
and to convey baseflow, while the other will be set above the channel bed elevation. Pond 1 will be drained,
breached and then incorporated into the stream channel of UT2, then the footprint and surrounding non -
forested area will be planted (see Appendix E for detailed draft of the plan sheet for this area). Pond 2
will be de -watered, backfilled using the relic spoil pile berm adjacent to it, graded, seeded and then planted
both in the disturbed berm that was used to back fill as well as the pond footprint. The berm areas that will
be disturbed will only be used to generate enhancement credit whereas the pond footprint will be used to
generate restoration credit (per 15A NCAC 02B .0295 (n) and agreed to by DWR in the site viability re-
evaluation letter found in Appendix B). Both ponds are mapped in the NWI inventory but have been
informally approved by the USACE to be filled via a walkthrough of the intended restoration actions and
will be formally approved once the mitigation plan is approved by the Interagency Review Team and the
Section 401 permit is finalized. A section 401 permit will be completed once the mitigation plan is
approved.
All disturbed areas within the easement will be planted with native wetland vegetation and livestock will
be excluded with fencing installed along the easement boundary.
3.3 Riparian Enhancement Activities
Buffer enhancement will occur in areas where grazing is adjacent to the stream in accordance with the
Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 (0)(6) and can be seen in Figure 4. This
includes areas adjacent to reaches UT2 and UT4. RES will install cattle exclusion fencing to exclude
access to riparian areas and their associated streams. All fencing will be installed to NRCS specifications.
Some areas adjacent to the forested areas may require maintenance due to the rapid regeneration of some
species, such as red maple (Acer rubrum) and sweetgum (Liquidambar styraciflua). Minimal maintenance
is anticipated due to the past cultivation history. Buffer enhancement can only generate buffer mitigation
credit and is not transferrable into nutrient offset credits.
3.4 Riparian Preservation Activities
UT3 and the downstream end of UT1 are in forested areas where cattle were not observed to be present,
and are subject to the Neuse Buffer Protection Rule 15A NCAC 02B .0233 and are therefore being
proposed to generate preservation buffer mitigation credit under 15A NCAC 02B .0295 (0)(5). However
no more than 25 percent of the total area of buffer mitigation will be used for preservation credit pursuant
to 15A NCAC 0295 (0)(5) and 15A NCAC 0295 (0)(4) and the rest of the area will be protected in the
conservation easement and not applied for credit.
Preservation activities will ensure that the buffer is permanently protected from cutting, clearing, filling,
grading, and similar activities that would affect the functioning of the buffer. Preservation buffer credits
will also be generated in reaches UTI and UT3 when stream restoration activities occur in forested areas.
Buffer preservation can only generate buffer mitigation credit and is not transferrable into nutrient offset
credits.
3.5 Planting Plan
Revegetation of the site will include controlling invasive species growth and planting at least four native
hardwood bare root trees planted at a density to ensure a density of 260 stems per acres at the completion
Stone Creek Parcel Development Package
Buffer/Nutrient Offset Site 11 July 2018

of monitoring. No one tree species will be greater than 50 percent of the established stems. Coastal Plain
Small Stream Swamp will be the target community type and will be used for all areas within the project
(Schafale 2012). Although there will not be a different planting zone for the pond footprints these areas
will be planted with the obligate wetland species from the plant list found in Table 3. The initial planting
of bare root trees will occur in winter 2018 or during stream restoration work whichever comes last.
Tree species specified for planting on the Stone Creek Site are shown in Table 3.
Table 3. Stone Creek Site Tree Planting List
Common Name
Scientific Name
Indicator*
Growth Rate
River birch
Betula nigra
FACW
rapid
Willow oak
Quercus phellos
FACW
rapid
Swamp chestnut oak
Quercus michauxii
FACW
moderate
Water oak
Quercus nigra
FAC
rapid
Americansycamore
Platanus occidentalis
FACW
rapid
Swamp tupelo
N ssa bi ora
OBL
moderate
Overcup oak
Quercus l rata
OBL
moderate
Bald cypress
Taxodium distichum
OBL
rapid
* Wetland indicator status; Facultative Wetland (FACW), Facultative (FAC), Obligate (OBL).
3.6 Easement Boundaries and Fencing
Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and
adjacent properties. Boundaries may be identified by cattle fence, marker, bollard, post, tree -blazing, or
other means as allowed by site conditions and/or conservation easement. Boundaries will be marked with
signs identifying the property as a mitigation site, and will include the name of the long-term steward and
a contact number. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced
on an as needed basis. The easement boundary will be checked annually as part of monitoring activities
and the conditions as well as any maintenance performed will be reported in the annual monitoring reports
to DWR. All areas proposed as buffer preservation credit will be encompassed within the easement
boundaries.
Stone Creek Parcel Development Package
Buffer/Nutrient Offset Site 12 July 2018

3.7 Proposed Credit Release Schedule
Riparian Buffer & Nutrient Offset credits associated with the two ponds will be excluded from Task 1 &
Task 2 credit releases, but will be released with the approval of Task 3. Table 5 demonstrates the expected
generation of Riparian Buffer Credits & Nutrient Offset credits. Upon submittal of all appropriate
documentation by the Sponsor, and subsequent approval by DWR, it is agreed that the mitigation credits
associated with the Stone Creek Bank Parcel will be released as described in Table 4 below:
Table 4. Credit Release Schedule for Riparian Buffer and Nutrient Offset Credits
* DWR approval provided upon a determination that the site is meeting success criteria contained within the approved BPDP.
4 MONITORING AND MAINTENANCE PLAN
4.1 Monitoring Protocol and Success Criteria
Riparian buffer vegetation monitoring will be based on the "Carolina Vegetation Survey -Ecosystem
Enhancement Program Protocol for Recording Vegetation: Level 1-2 Plot Sampling Only Version 4.2".
Annual vegetation monitoring will occur each year for a minimum of five years and will be conducted
during the fall season with the first year occurring at least five months from initial planting. Eleven
vegetation monitoring plots will be installed a minimum of 100 meters squared in size, and will cover at
least two percent of the 10.22 acres of riparian restoration area. Plots will be randomly placed throughout
the planted Neuse buffer zones and nutrient offset mitigation area and will be representative of the
Stone Creek Parcel Development Package
Buffer/Nutrient Offset Site 13 July 2018
% Credit Release
% Credit
within the Pond
Task
Project Milestone
Release
Footprints
Instrument and BPDP Approved by DWR, Mitigation Plan
No credits released
approved by the IRT, Conservation Easement Recorded and
20
for areas within
I
Financial Assurance Posted
pond footprints
Mitigation Site Earthwork, Planting and Installation of
No credits released
2
Monitoring Devices Completed
20
for areas withinpond footprints
Monitoring Financial Assurance Posted and Approval of As-
a
Built Report
10
50
Monitoring Report #1: Approved by the DWR* and financial
4
assurance renewed
10
10
Monitoring Report #2: Approved by the DWR* and financial
5
assurance renewed
10
10
Monitoring Report #3: Approved by the DWR* and financial
6
assurance renewed
10
10
Item B (1) of Section X in this Instrument has been
completed and approved by DWR.
5
5
No remaining credits will be released until the conservation easement has been assigned to an
approved land trust or stewardship
Monitoring Report #4: Approved by the DWR** and
8
financial assurance renewed
5
5
Monitoring Report #5: Approved by the DWR** and final
10
10
9
site visit by DWR has been conducted
Total
100%
100%
* DWR approval provided upon a determination that the site is meeting success criteria contained within the approved BPDP.
4 MONITORING AND MAINTENANCE PLAN
4.1 Monitoring Protocol and Success Criteria
Riparian buffer vegetation monitoring will be based on the "Carolina Vegetation Survey -Ecosystem
Enhancement Program Protocol for Recording Vegetation: Level 1-2 Plot Sampling Only Version 4.2".
Annual vegetation monitoring will occur each year for a minimum of five years and will be conducted
during the fall season with the first year occurring at least five months from initial planting. Eleven
vegetation monitoring plots will be installed a minimum of 100 meters squared in size, and will cover at
least two percent of the 10.22 acres of riparian restoration area. Plots will be randomly placed throughout
the planted Neuse buffer zones and nutrient offset mitigation area and will be representative of the
Stone Creek Parcel Development Package
Buffer/Nutrient Offset Site 13 July 2018

crediting areas (Figure 10). The following data will be recorded for all trees in the plots: species, common
name, height, planting date (or volunteer), and grid location. All stems in plots will be flagged with
flagging tape. Photos will be taken from all photo points each monitoring year and provided in the annual
reports. Visual inspections and photos will be taken to ensure that preservation and enhancement areas are
being maintained and compliant. The measures of vegetative success for the Parcel will be the survival of
at least four native hardwood tree species, where no one species is greater than 50 percent of the established
stems, established at a density of at least 260 planted trees per acre at the end of Year 5. Desirable native
volunteer species may be included to meet the performance standards upon DWR approval. Invasive and
noxious species will be monitored and controlled so that none become dominant or alter the desired
community structure of the site.
A visual assessment of the cattle exclusion areas within the conservation easement will also
be performed each year to confirm:
• Fencing is in good condition throughout the site;
• no cattle access within the conservation easement area;
• no encroachment has occurred;
• diffuse flow is being maintained in the conservations easement area; and
• there has not been any cutting, clearing, filling, grading, or similar activities that would
negatively affect the functioning of the buffer.
RES must monitor the stream mitigation bank for a minimum of seven years, or until IRT approval.
Therefore, plots placed within riparian restoration areas that are outside of the mitigation area for buffer
and nutrient offset credits will be monitored in accordance with the monitoring protocol in the Stone Creek
Stream Mitigation Plan.
4.2 Adaptive Management Plan & Parcel Maintenance
Adaptive measures will be developed or appropriate remedial actions taken in the event that the site, or a
specific component of the site, fails to achieve the defined success criteria. Remedial actions will be
designed to achieve the success criteria specified previously, and will include identification of the causes
of failure, remedial design approach, work schedule, and monitoring criteria that will take into account
physical and climatic conditions.
Initial plant maintenance may include a one-time mowing, prior to initial planting to remove undesirable
species. If mowing is deemed necessary by RES during the monitoring period, RES must receive approval
by the DWR prior to any mowing activities to ensure that no buffer violations have been performed.
Failure to receive approval to mow within the Neuse buffer, as defined in 15A NCAC 02B .0233, by the
DWR could result in Neuse buffer violations and violations of the conservation easement. If necessary,
RES will develop a species-specific treatment plan.
4.3 Long Term Management Plan
EBX—Neuse I, LLC (EBX), acting as the Bank Sponsor, will record a Conservation Easement with the
Johnston County Register of Deeds Office for this site. The Conservation Easement will be assigned to
the North Carolina Wildlife Habitat Foundation (NCWHF). All monitoring activities, including periodic
inspections of the site to ensure that restrictions required in the Conservation Easement are upheld, are the
responsibility of EBX-Neuse I, LLC until the Bank Parcel is transferred to the NCWHF. Endowment funds
Stone Creek Parcel Development Package
Buffer/Nutrient Offset Site 14 July 2018

required to uphold the Stone Creek Bank Parcel conservation easement in perpetuity shall be negotiated
prior to site transfer to the NCWHF.
The Bank Sponsor will ensure that the Conservation Easement has allowed for the implementation of an
initial monitoring phase, which will be developed during the design phase and conducted by the Bank
Sponsor. The Conservation Easement will allow for yearly monitoring and, if necessary, maintenance of
the Site during the initial monitoring phase. These activities will be conducted in accordance with the
terms and conditions of the RES Neuse Umbrella Mitigation Banking Instrument Riparian Buffer and
Nutrient Offset made and entered into by EBX-Neuse 1, LLC and DWR.
5 FINANCIAL ASSURANCE
The Sponsor will provide financial assurances in the form of Performance Bonds sufficient to assure one -
hundred percent (100 percent) completion of all mitigation work, required reporting and monitoring, and
any remedial work required. Financial assurances will be payable at the direction of the DWR to its
designee or to a standby trust. Financial assurances structured to provide funds to the DWR in the event
of default by the Bank Sponsor are not acceptable. The initial performance bond will be in the amount of
at least $150,000 and shall be able to cover 100 percent of the costs associated with construction of the
riparian restoration areas. The monitoring bond shall be in the amount of at least $100,000 and shall be
able to cover 100 percent of the costs associated with the monitoring and maintenance of the riparian
restoration areas for five years.
Performance bonds for monitoring shall be renewed to cover the next years monitoring period, with
confirmation of renewal provided to DWR with each annual monitoring report when applicable. DWR
reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of
bond renewals when applicable.
6 MITIGATION POTENTIAL
The Stone Creek Mitigation Bank Site presents 41.41 acres of permanent conservation easement in
Johnston County, North Carolina. While this easement also encompasses areas for the Stone Creek Stream
Mitigation Bank, the purpose of the Stone Creek Riparian Buffer & Nutrient Offset Bank is to generate
Neuse riparian buffer mitigation and nutrient offset credits. Once finalized a conservation easement and
final recorded plat will be provided in Appendix C.
The width of the buffer/nutrient credit offset generation area will begin at the most landward limit of the
top of bank or the rooted herbaceous vegetation and extend landward to a distance of at least 50 feet, but
out to 200 feet in most cases.
This Bank has the potential to generate approximately 10.22 acres (438,214 feet squared) of riparian buffer
restoration credits (0.77 acres of this will be generated from backfilling and planting the ponds), 1.98 acres
(89,945 feet squared) of riparian buffer enhancement credits via cattle exclusion, 0.48 acres (20,691 feet
squared) of riparian buffer preservation credits, and 3.28 acres (7,455.51 pounds) of nutrient offset credits
(0.11 acres of this will be generated from backfilling and planting the ponds). The riparian buffer
mitigation credits generated will service Neuse buffer impacts within the USGS 8 -digit HUC 03020201
of the Neuse River Basin excluding the Falls Lake Watershed. The Nitrogen nutrient offsets generated
will service nutrient load reduction requirements where payments are authorized in 15A NCAC 02B .0240
Stone Creek Parcel Development Package
Buffer/Nutrient Offset Site 15 July 2018

within the USGS 8 -digit HUC 03020201, excluding the Falls Lake Watershed. The Sponsor will maintain
three credit ledgers. One ledger will account for buffer Restoration credits, one ledger will account for
buffer Preservation and Enhancement credits, and one will account for Nitrogen nutrient offset credits. All
mitigation credit assets shall be shown on these credit ledgers. The total potential riparian buffer and
nutrient offset mitigation credits that the Stone Creek Bank will generate are summarized in Table 5;
Figure 4.
Table 5. Proposed Mitigation Credits
Riparian Buffer Credit
Riparian
Credit
Existing
Acreage
Credit
Mitigation
Zone
Type
Mitigation Type
Acreage
Eligible for
Per Acre
Ratio
Full
Assets
Preservation
(ft)
Credit
Pond
Riparian
Restoration
0.77
43,560
1:1
100%
33,541 ft2
Footprints
Buffer
(0.77 ac)
Riparian
411,642 ft2
Restoration
9.45
43,560
1:1
u
100%
Buffer
(9.45 ac)
0-100'
Riparian
Enhancement via
3.94
43,560
2:1
100%
85,813 ft2
Buffer
Cattle Exclusion
(1.97 ac)
Riparian
Preservation:
10.99
4.75
43,560
10:1
100%
20,691 ft2
Buffer
Subject Streams
(0.48 ac)
Riparian
Enhancement via
0.09
43,560
2:1
33%
647 ft2
Buffer
Cattle Exclusion
(0.01 ac)
101-200'
Riparian
Preservation:
5.15
0.00
43,560
10:1
33%
0 ft2
Buffer
Subject Streams
(0.00 ac)
Total Restoration
10.22
445,183 ft2 (10.22 ac)
86,460 ft2 (1.98 ac)
Total Enhancements
4.03
includes ratios & reductions
20,691 ft2 (0.48 ac)
Total Preservation
16.14
4.75
includes ratios & reductions
Nutrient Offset Credit
Credit
Credit
Mitigation Assets
Zone
,type
Mitigation Type
Acreage
Per Acre
Ratio
(lbs)
(lbs)
Pond
Nitrogen
Restoration
0.11
2,273.02
N/A
250.03
Footprints
0-100'
Nitrogen
Restoration
0.88
2,273.02
N/A
2,000.26
101-200'
Nitrogen
Restoration
2.29
2,273.02
N/A
5,205.22
TOTAL
3.28
7,455.51
*According to 15A NCAC 02B .0295 (o) (4) and (5), "the area of preservation credit within a buffer mitigation site
shall comprise of no more than 25% of the total area of buffer mitigation ".
All riparian restoration proposed in the table above will be generated on land determined by DWR as being
agricultural. Therefore, the 10.06 acres (438,214 ft2) of Neuse riparian buffer restoration credits shown in
the table above, can be used for either Neuse riparian buffer credits or Nitrogen nutrient offset credits, but
not both. Neither Riparian Buffer Preservation nor Enhancement credits can be converted into nutrient
Stone Creek Parcel Development Package
Buffer/Nutrient Offset Site 16 July 2018

offset credits. The Sponsor must submit a written request and receive written approval from DWR prior
to any credit conversions and transfers to the buffer and nutrient offset credit ledgers. With each
conversion and transfer request submitted to the DWR, the Sponsor will provide all updated credit ledgers
showing all transactions that have occurred up to the date of the request.
7 REFERENCES
Environmental Laboratory. 1987. "Corps of Engineers Wetlands Delineation Manual," Technical
Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS.
Lee, T.L, Peet, R.K., Roberts, S.D., and Wentworth, T.R. 2006. CVS-EEP Protocol for
Recording Vegetation, Version 4.2. http://cvs.bio.unc.edu/protocol/cvs-eep-protocol-
v4.2-levl-2.pdf.
North Carolina Department of Environment and Natural Resources (NCDENR). 2009. "Neuse River
Basinwide Water Quality Plan." Division of Water Quality.
http://portal.ncdenr.org/web/wq`/Ts/bpu/basin/neuse/2009. (October 2013).
NCDENR. 2009. "Neuse River Basinwide Water Quality Plan." Division of Water Quality. http://
http://portal.ncdenr.org/web/wq/ps/bpu/basin/neuse/2009. (October 2013).
NCDENR. 2010. "N.C. Wetland Assessment Method User Manual Version 4.1." N.C. Wetland
Functional Assessment Team.
NC Environmental Management Commission. 2014. Rule 15A NCAC 02B.0295 - Mitigation Program
Requirements for the Protection and Maintenance of Riparian Buffers.
Schafale, M.P. (2012). Classification of the Natural Communities of North Carolina, Fourth
Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDENR,
Raleigh, NC.
U.S. Army Corps of Engineers (USACE). 2010. Regional Supplement to the Corps of Engineers
Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0), ed. J. S. Wakeley,
R. W. Lichvar, and C. V. Noble. ERDC/EL TR -10-20. Vicksburg, MS: U.S. Army Engineer Research
and Development Center.
Stone Creek Parcel Development Package
Buffer/Nutrient Offset Site 17 July 2018

APPENDICES

Appendix A. Supporting Figures
Figure 1. Service Area Map
Figure 2. Project Vicinity Map
Figure 3. Existing Conditions Map
Figure 4. Conceptual Design Plan for Riparian Buffer and Nutrient Offset Credit
Determination
Figure 5. Conceptual Design and Credit Determination for Stream and Wetland Mitigation
Figure 6. USGS Topographic Map
Figure 7. Soils Map
Figure 8. National Wetlands Inventory Map
Figure 9. FEMA Map
Figure 10. Monitoring Map

aro
41
F
4+arx.�
i tf
ivy
Huller f AFaOf -I �_j ..
NirJo-.rS La4l sbvrg
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v_,�� I'�IIli�9E40�1
Re[
n am
5 .I
-� whpjyel dill '� I Y
%
. 5
Bork
'j
Stone Creek Mitigation Site
F uQu3y !
. a7. �I • 411
�A
anta.d
Ldlingkrn auk" Costs
Creek
Erwin
_.mak LOhaIK< A
i�.i�LT. fr4J1-4
L4 .IYI
-harp 5]s
Legend
_ 7 OI Ive
Buffer Service Area- HUC 03020201 excluding Falls Lake Watershed
® Nutrient Service Area- HUC 03020201 excluding Falls Lake Watershed s: Esri, HERE, DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri
METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), Mapmylndia,
Fp,r,n.il:, , © OpenStreetMap contributors, and the IS User Community
0
Date: 3/5/2018
Figure 1 - Service Area Map
wE Drawn by: ATP
Stone Creek Mitigation Site res
0 5 10 Checked by: BPB
Miles Johnston County, North Carolina

a
9
4
`.i
;N a115� 0
.on
1*1e1'O
°n,,
H"
Stone Creek
Mitigation Site
Latitude: 35.349 N
Longitude: -78.338 W
,may
0
0 3
S
tt Dunn Fi 4t RaJ°'9h St M1 011v' HwY
r
c
m
v
F
G( O's
w m Figure 2 -Vicinity Map
E
�sP Stone Creek Mitigation Site
0 1 2
Johnson County, North Carolina
Miles
Fb•.ve ll
Woods
Legend
Proposed Easement
TLW -03020201150040
Date: 11/17/2017
Drawn by: ATP 6rel.
'
Checked by:

Ditch
2
OilT� z,
t�J 4 110,
t Y.,
N►i►1 Creek
Ah

Riparian
Acreage
Credit Existing Credit Per
Ratio
% Pull
Zone
Mitigation Type Eligible for z
Type Acreage Acre (ft
Ratio
Credit
Mitigation Assets
Preservation
TOTAL
3.28
7,455.51
Total Restoration 10.22 445,183 ft2 (10.22 ac)
Total Enhancements 4.03 86,460 ft2 (1.98 ac)
includes retios & reductions
Total Preservation I 16.14 I 4.75
includes retios 8 reductions
Zone Tr�et Mitigation Type
Acreage CrediAcret(lbs)
Ratio
Mitigation Assets (lbs)
TOTAL
3.28
7,455.51

1231Q
�N�� _
cern
r. o
Amocit Ch
Reach 2
1 Drainage Area: V Reach 1 =
47 Ac. Drainage Area:
_ cem 122 Ac.
65
Ch
am 1 O 164
r, { =�bo
11181 �`1 'i I bf `• `(
i.
TrIvft am 100
Reach 3 z 100
Drainage Area: ,a j !_-
- �= 634 Ac. p -
f ' I
reek -
Cem
M _ / 10
,1b
1 150
t
/ (\ Legend
Ito
' Ce^'' Proposed Easement
7\— CopyrighR?0 "
Date: 2/9/2018
Figure 6 - USGS Topographic Map
wE Drawn by: ATP
res
0 1,000 2,000 Stone Creek Mitigation Site Checked by: DPI
Feet Johnston County, North Carolina
i

WaB
Legend
Proposed Easement
Hydric Soil GeB
Non -hydric Soil
To
GeD
Bb
/ I GeB / Bb
Mll
1 GeB
GeD
WaBI
Mapunit Symbol Mapunit Name
Mapunit Symbol Mapunit Name
Gr Grantham silt loam, 0 to 2 percent slopes
GeB Gilead sandy loam, 2 to 8 percent slopes
To Tomotley sandy loam, 0 to 2 percent slopes, rarely flooded
GeD Gilead sandy loam, 8 to 15 percent slopes
Bb Bibb sandy loam, 0 to 2 percent slopes, frequently flooded
DoA Dorian fine sandy loam 0 to 2 percent slopes, rarely flooded
Date: 2/9/2018
m Figure 7 - Soils Map
° WE Drawn by: ATP
0 200 400 Stone Creek Mitigation Site Checked by:
res
Feet Johnston County, North Carolina
i

PUBFx
,VFA
,golpz
Ah

Appendix B. Correspondence

N,
Water -Resources
ENVIRONMENTAL QUALITY
December 19, 2017
Brad Breslow
Resource Environmental Solutions
302 Jefferson Street, Suite 110
Raleigh, NC 27605
(via electronic mail: ischmidAres.us )
ROY COOPER
Gorenor
MICHAEL S. REGAN
Secielarr
LINDA CULPEPPER
hiteim Director
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Stone Creek Mitigation Site
Neuse River Basin — 03020201 HUC
2073 Joyner Bridge Rd
Johnston County
Dear Mr. Breslow,
On September 13, 2017, Katie Merritt, with the Division of Water Resources (DWR), received a
request from Resource Environmental Solutions, LLC (RES) for a site visit near the above -
referenced site in the Neuse River Basin. The site visit was to determine the potential for riparian
buffer mitigation and nutrient offset within a proposed Easement Boundary, which is more accurately
shown in the attached map labeled "Figure 7". On October 2, 2017, Ms. Merritt performed a site
assessment of the subject site. This site is also being proposed as a stream mitigation site by RES
which is more accurately described in the attached map labeled "Figure 10".
Ms. Merritt's evaluation of the features and their associated mitigation determination for the riparian
areas are provided in the table below. The evaluation was made from Top of Bank (TOB) out to
200' from each existing feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective
November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240.
Feature
classification
a5ubiect
Rioarian Land uses of
Buffer
zNutrient
Mitigation Type Determination whin riparian
in the field
to Buffer
Feature onsite
Offset
areas
ID
Credit
Rule
0.200'
Viable
Viable at
22,273
Ibs acre
1
Stream
Yes
Left Bank = mixture of
Yes
Yes (non-
Forested Areas = 3Preservation Site per 15A
mature forest and
forested
NCAC 02B .0295 (o)(5)
cropland fields
areas only)
Right Bank = Mix of
Non -forested fields = Restoration site per 15A
non -forested pasture
NCAC 02B.0295 (n)
and cropland fields
2A
Stream
No
Combination of
Yes
Yes (non-
Forested pasture - Enhancement Site per 15A
forested and non-
forested
NCAC 02B .0295 (o)(6)
forested pasture
areas only)
actively grazed by cattle
Non -forested pasture = Restoration site per 15A
NCAC 02B.0295 (o)(3)
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Stone Creek Mitigation Site
RES
December 19, 2017
Feature
classification
3Subiect
Riparian Land uses of
Buffer
zNutrient
Mitigation Type Determination w/in riparian
In the field
to Buffer
Feature onsite
areas
ID
Credit
Offset
Rule
10-2001
Viable
Viable at
22,273
Is acre
28
Stream
Yes
Combination of
Yes
Yes (non-
Forested pasture - Enhancement Site per 15A
forested and non-
forested
NCAC 028.0295 (o)(6)
forested pasture
areas only)
actively grazed by cattle
Non -forested pasture = Restoration site per 15A
NCAC 028.0295(n)
2B down-
Wetlands
No
N/A
N/A
N/A
N/A
stream of
DWRflag
Pond 1
In-line pond
Yes
Hog lagoon at upper
Yes
Yes (non-
Forested pasture - Enhancement Site per 15A
end of pond;
(excluding
forested
NCAC 028 .0295 (o)(6)
Combination of
the pond
areas only
forested and non-
footprint)
& excluding
Non -forested pasture = Restoration site per 15A
forested pasture
the pond
NCAC 02B.0295 (n)
actively grazed by cattle
footprint)
Pond 2
In-line pond
Yes
Combination of
Yes
Yes (non-
Forested pasture - Enhancement Site per 15A
forested and non-
(excluding
forested
NCAC 028 .0295 (o)(6)
forested pasture
the pond
areas only
actively grazed by cattle
footprint)
& excluding
Non -forested pasture = Restoration site per 15A
the pond
NCAC 028 .0295 (n)
footprint)
3
Stream
Yes
Mature natural forest
Yes
No
aPreservation Site per 15A NCAC 02B .0295
(0)(5)
4A
Ditch
No
Non -forested pasture
See note
Yes
Nutrient Offset - Restoration Site per 15A
grazed by cattle
NCAC 028.0295 (n)
Buffer Mitigation Note - Assessment concludes
the ditch meets 15A NCAC 02B.0295 (o)(8) (A,
B, C & E). More information is needed for
complete assessment.
4B
Stream
Yes
Combination of
Yes
Yes (non-
Forested pasture - Enhancement Site per 15A
forested and non-
forested
NCAC 028 .0295 (o)(6)
forested pasture
areas only)
actively grazed by cattle
Non -forested pasture = Restoration site per 15A
NCAC 02B.0295 (n)
'Subjectivity calls for the features were determined by DWR in correspondence dated November 14, 2017 using the
1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map
prepared by the NRCS. Features onsite that will be restored into stream channels are labeled as "not evaluated' in the
table.
z NC Division of Water Resources - Methodology and Calculations for determining Nitrogen Reductions associated with
Riparian Buffer Establishment. Phosphorus may be calculated separately.
'The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total
area of buffer mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation only site
to comply with this rule.
^The area of the mitigation site on ephemeral channel shall comprise no more than 25 percent (25%) of the total area of
buffer mitigation per 15A NCAC 02B .0295 (o)(7).
Page 213

Stone Creek Mitigation Site
RES
December 19, 2017
Maps that are attached to this letter were prepared by RES and were initialed by Ms. Merritt on
December 19, 2017. This letter should be provided in all stream and wetland, buffer and/or nutrient
offset mitigation plans for this Site.
This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A
NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written
approval prior to conducting any mitigation activities in riparian areas and/or surface waters for
buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient
load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any
mitigation activities in riparian areas and/or surface waters.
All vegetative plantings, performance criteria and other mitigation requirements for riparian
restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to
be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being
viable for nutrient offset credit above, one could propose a different measure, along with supporting
calculations and sufficient detail to support estimates of load reduction, for review by the DWR to
determine viability for nutrient offset in accordance with 15A NCAC 02B .0240.
This viability assessment will expire on December 19, 2019 or upon the submittal of an As -Built
Report to the DWR, whichever comes first. Please contact Katie Merritt at (919)-807-6371 if you
have any questions regarding this correspondence.
KAH/km
Attachments: Figure 7, Figure 10
cc: File Copy (Katie Merritt)
Sincerely,
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
Page 313

Water Resources
ENVIRONMENTAL QUALITY
March 21, 2018
Jamey McEachran
Resource Environmental Solutions
302 Jefferson Street, Suite 110
Raleigh, NC 27605
(via electronic mail: jmceachran(a)res.us )
Re: Site Viability for Buffer Mitigation & Nutrient Offset
Stone Creek Mitigation Site Re -Evaluation for Pond 1 & Pond 2 only
Neuse River Basin — 03020201 HUC
2073 Joyner Bridge Rd, Four Oaks, NC
Johnston County
Dear Mr. Breslow,
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
On September 13, 2017, Katie Merritt, with the Division of Water Resources (DWR), received a
request from Resource Environmental Solutions, LLC (RES) for a site visit near the above -
referenced site in the Neuse River Basin. The site visit was to determine the potential for riparian
buffer mitigation and nutrient offset within a proposed Easement Boundary, which is more accurately
shown in the attached map labeled "Figure 2". On October 2, 2017, Ms. Merritt performed a site
assessment of the subject site. This site is also being proposed as a stream mitigation site by RES.
On December 19, 2017, DWR issued a Site Viability letter for the entire Stone Creek Mitigation Site
shown on Figure 2. This letter included a mitigation determination for two features referenced as
"Pond 1" and "Pond 2".
On March 14, 2018 & March 21, 2018, RES submitted new information to Ms. Merritt regarding the
mitigation plans for Pond 1 and Pond 2, and requested that DWR re-evaluate these two features
based on the new information provided. That new information included Figure 4 and the Site Plan
labeled "S6" which are attached to this letter. The mitigation determination provided in this letter for
Pond 1 and Pond 2 replaces the mitigation determination for Pond 1 and Pond 2 in the letter dated
December 19, 2017.
Ms. Merritt's re-evaluation of Pond 1 & Pond 2, along with their associated mitigation determination
for the riparian areas are provided in the table below. The evaluation was made from Top of Bank
(TOB) out to 200' from each existing feature for buffer mitigation pursuant to 15A NCAC 02B .0295
(effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Stone Creek Mitigation Site -Pond 1 & Pond 2
RES
March 21, 2018
Feature
Classification
1Subied
Riparian Land uses of
Buffer
ZNutrient
Mitigation Type Determination w/in riparian
in the field
to Buffer
Feature onsite
Offset
areas
ID
Credit
Rule
0-200'
Viable
Viable at
2,273
Its acre
Pond 1
In-line pond
Yes
Hog lagoon at upper
Yes
Yes
Forested pasture - Enhancement Site per 15A
end of pond;
(non-
NCAC 026 .0295 (0)(6)
(proposed to
Combination of
forested
be breached
forested and non-
areas only)
Non -forested pasture = Restoration site per 15A
& restored
forested pasture
NCAC 02B .0295 (n)
Into
actively grazed by cattle
a stream)
If stream channel is restored through the pond,
the new riparian areas will be viable as a
Restoration Site per 15A NCAC 02B .0295 (n)
and viable for buffer mitigation and nutrient
offsets
Pond 2
In-line pond
Yes
Combination of
Yes
Yes
Forested pasture - Enhancement Site per 15A
forested and non-
(non-
NCAC 026 .0295 (0)(6)
(proposed to
forested pasture
forested
Be backfilled
actively grazed by cattle
areas only)
Non -forested pasture = Restoration site per 15A
and planted)
NCAC 0213 .0295 (n)
If pond is drained, backfilled, graded, seeded
and planted, the new riparian areas will be
viable as a Restoration Site per 15A NCAC 02B
.0295 (n) and viable for buffer mitigation and
nutrient offsets
'Subjectivity calls for the features were determined by DWR in correspondence dated November 14, 2017 using the
1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map
prepared by the NRCS. Features onsite that will be restored into stream channels are labeled as "not evaluated' in the
table.
2 NC Division of Water Resources - Methodology and Calculations for determining Nitrogen Reductions associated with
Riparian Buffer Establishment. Phosphorus may be calculated separately.
Maps that are attached to this letter were prepared by RES and were initialed by Ms. Merritt on
March 31, 2018. This letter should be provided in all stream and wetland, buffer and/or nutrient
offset mitigation plans for this Site.
This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A
NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written
approval prior to conducting any mitigation activities in riparian areas and/or surface waters for
buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient
load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any
mitigation activities in riparian areas and/or surface waters.
All vegetative plantings, performance criteria and other mitigation requirements for riparian
restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to
be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being
213

Stone Creek Mitigation Site -Pond 1 & Pond 2
RES
March 21, 2018
viable for nutrient offset credit above, one could propose a different measure, along with supporting
calculations and sufficient detail to support estimates of load reduction, for review by the DWR to
determine viability for nutrient offset in accordance with 15A NCAC 02B .0240.
This viability assessment will expire on March 21, 2020 or upon the submittal of an As -Built
Report to the DWR, whichever comes first. Please contact Katie Merritt at (919)-807-6371 if you
have any questions regarding this correspondence.
Sincerely,
c
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
KAH/k n
Attachments: Figure 2, Figure 4 and Site Plan "S6"
cc: File Copy (Katie Merritt)
e.313

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Existing Ponds
Existing Wetlands

Ponds to be filled
MEMENIF -_
Legend
Ditch
Top of Bank
QProposed Easement
® Existing Ponds
Buffer Mitigation
Buffer Restoration (0-100)
Enhancement (0-100')
Enhancement (101-200')
Buffer Preservation (0-100')
Buffer Preservation, (101-200')
Nutrient Offset
Nutrient Offset (0-100')
Nutrient Offset (101-200')
0 200 400
Feet
Figure 4 - Conceptual Design Plan for Riparian
Buffer and Nutrient Offset Credit Determination
Stone Creek Mitigation Site
Johnston County, North Carolina
Date. 3/21/2018
Drawn by. ATP
Checked by: DPI
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Water Resources
ENVIRONMENTAL QUALITY
December 18, 2017
Whitley and Janet Stephenson
2350 Wilsons Mills Rd.
Smithfield, NC 27577
Terry D. Batten
3261 Joyner Bridge Rd.
Four Oaks, NC 27524
Michael and Sharrion Hayes
6852 Devils Race Track Road
Four Oaks, NC 27524
ROY COOPER
Governor
MICHAEL S. REGAN
.Secretory'
LINDA CULPEPPER
Interim Director
DWR Project #2017-1264
Johnston County
Subject: On -Site Determination for Applicability to the Neuse River Riparian Buffer Rules and
Water Quality Standards (15A NCAC 02B.0233)
Stephenson - Parcel ID 159800-62-3920 Johnston County Deed Book Page 829
Batten — Parcel ID 159800-72-3267 Johnston County Deed Book 3089 Page 0054
Hayes — Parcel ID 159800-73-6786 Johnston County Deed Book 2305 Page 116
Project Name: Stone Creek Mitigation Site (UTs to Mill Creek)
Address/Location: 2073 Joyner Bridge Road, Four Oaks, NC
Stream(s) Evaluated: UTs to Mill Creek,
Determination Date: November 20, 2017
DWR Staff: Shelton Sullivan
Determination Type:
Buffer:
Stream:
® Neuse (15A NCAC 0213.0233)
® Intermittent/Perennial Determination
❑ Tar -Pamlico (15A NCAC 0213 .0259)
(where local buffer ordinances apply)
❑ Catawba (15A NCAC 0213.0243)
❑ Jordan (15A NCAC 02B.0267) (governmental
and/or interjurisdictional projects)
❑ Randleman (15A NCAC 0213 .0250)
❑ Goose Creek (15A NCAC 02B.0605-.0608)
See the tollowing table and written explanation regarding the stream determinations.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Resource Environmental Solutions
Neuse River Riparian Buffer/Stream Determination
DWR Project #2017-1264
Page 2 of 3
Feature ID'
Feature Type
Not
Subject
Start@
Stop @
Soil
USGS
Subject
Survey
Topo
1
Stream — At Least
X
Northeaster
Corner of Field
X
X
Intermittent (1)
n Easement
and Woodline
Boundary
(see map)
2A
Stream —At Least
X
Outlet of
Confluence of
Intermittent (1)
Pond 1
2A & 413
213
Stream —At Least
X
At the
DWR flag, see
X
Intermittent (1)
confluence
picture, where
of 2A & 413
wetland begins
Pond 1
Inline Pond
X
Pond 1
Outlet of Pond 1
X
at 2A
Pond 2
Inline Pond
X
Pond 2
Confluence of
X
Pond Outlet and
2B
3
Stream —At Least
X
Western
Confluence with
X
Intermittent (1)
Easement
Mill Creek
Boundary
(see map)
4A
Ditch
X
Eastern
413 Start
X
Easement
(see picture and
Boundary
map)
(see map)
413
Stream —At Least
X
4B Start
Confluence with
X
Intermittent (1)
(see picture
213
and map)
1 See maps provided with letter showing labeled features
Z Ephemeral (E), Intermittent (1), Perennial (P), Ditch
The Division of Water Resources has determined that some of the streams listed above have
been located on the most recently published NRCS Soil Survey of Johnston County, North
Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale and
were evaluated for applicability to the Neuse Riparian Buffer Rule. Maps are provided with this
letter and were initialed by Shelton Sullivan on November 20, 2017. Each feature that is
checked "Not Subject" has been either determined to not be at least intermittent, not present
on the property, or not depicted on the required maps. Streams that are checked "Subject"
have been located on the property and possess characteristics that qualify them to be at least
intermittent streams. There may be other streams or features located on the property that
may be subject to the buffer rules or may be considered jurisdictional according to the US Army
Corps of Engineers and subject to the Clean Water Act.
This on-site determination shall expire five (5) years from the date of this letter. Landowners
or affected parties that dispute a determination made by the DWR may request a
determination by the Director. An appeal request must be made within sixty (60) calendar
days of the date of this letter to the Director in writing.

If sending via US Postal Service:
c/o Karen Higgins
DWR — 401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 2 7699-1 61 7
Resource Environmental Solutions
Neuse River Riparian Buffer/Stream Determination
DWR Project #2017-1264
Page 3 of 3
If sending via delivery service (UPS, FedEx, etc.):
clo Karen Higgins
DWR — 401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
This determination is final and binding as detailed above, unless an appeal is requested within
sixty (60) days.
This determination only addresses the applicability to the buffer rules and does not approve any
activity within the buffers. The project may require a Section 404/401 Permit for the proposed
activity. Any inquiries regarding applicability to the Clean Water Act should be directed to the
US Army Corps of Engineers Raleigh Regulatory Field Office at (919)-554-4884
If you have questions regarding this determination, please feel free to contact Shelton Sullivan
at [phone].
Sincerely,
� � I
Karen Higgins, Superviso
401 & Buffer Permitting Branch
Attachments: USGS Topographic Map, Johnston County Soil Survey Map, and Maps
provided by Resource Environmental Solutions
cc: Resource Environmental Solutions, Daniel Ingram, via email
EBX-Neuse I, LLC, 412 N 4th Street, Suite 300, Baton Rouge, LA 70802
401 & Buffer Permitting Branch file copy
RRO via email
Filename: 201712642StreamCall Stone Creek JohnstonCo 12-15-2017

I • sC � • 1
4 y�
A
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iF
ju
Ott
Ar
- �: - �""..i�:t• ,��, Wit, a ,�� �<:�'rJ! �.• ..�. '_ ,� �.' � ',#" .
4f rlt
• !.gam .�a r_ ya J '�L•,- :. � rr)•}�� { ,�: - »
Existing Streams a A
Proposed Easement
M Existing Ponds
Existing Wetlands
St � • .� • � , f -moi • ! J `xr wf. _
J
AM

;r.
- f n
tet,• � , ; �
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125,
r
-too e-101
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�a 7t�t
s
7
USGS Map 1:24,000

Johnston County Soils Map

fires
March 6, 2017
Attachments for Reference
- Jurisdictional Determination Request Form
- Preliminary Jurisdictional Determination Form
- Landowner Authorization Forms
- Project Vicinity Map
- Project Location Map (with topography)
- National Wetlands Inventory Map
- Aerial Imagery
- Soils Map
- Wetland Delineation Data Sheets
- Waters of the U.S. Delineation Map
10055 Red Run Blvd.
Ms. Samantha Dailey
Suite 130
U.S. Army Corps of Engineers
O wings Mills, MD
2017 in accordance with the 1987 Corps of Engineers Wetlands Delineation Manual methodology
25901
3331 Heritage Trade Drive, Suite 105
33 Terminal Way
Wake Forest, North Carolina 27587
412 N. 4th St.
Flags were numbered and placed onsite to mark the limits of potentially jurisdictional wetlands
Suite 300
and other Waters of the U.S. Wetland flags were located using Global Positioning System (GPS)
Baton Rouge, LA
technology with sub -meter accuracy and the streams were drawn using the avaiable National
70802
Dear Ms. Samantha Dailey,
Suite 110
representative. The approximate size and location of these areas are depicted on the attached
100 Calhoun St.
Resource Environmental Solutions (RES) is pleased to present this Request for a Preliminary
Suite 320
Charleston, SC
Jurisdictional Determination for the Stone Creek Mitigation Site located in Johnston County, North
29401
Carolina. As part of this scope of work, RES is submitting this request to the U.S. Army Corps of
2nd Floor
Richmond, VA
Engineers (Corps) for a confirmation of the limits of Waters of the U.S. on the subject site.
g ( �) �
solo Montrose Bled.
forested wetland in the floodplain of Mill Creek and Wetland B is a small forested wetland
Suite 650
downstream of the dam of Pond A.
Houston, TX
The purpose of the proposed Site is to generate compensatory mitigation credits for inclusion in
77006
the Neu -Con Umbrella Mitigation Bank in hydrologic unit 03020201 of the Neuse River Basin.
This project will address stressors identified in the watershed through nutrient removal, sediment
1200 Camellia Blvd.
Suite 220
removal, runoff filtration, and improved aquatic and terrestrial habitat. These project goals will be
Lafayette, LA
achieved through stream enhancement and restoration.
70508
Attachments for Reference
- Jurisdictional Determination Request Form
- Preliminary Jurisdictional Determination Form
- Landowner Authorization Forms
- Project Vicinity Map
- Project Location Map (with topography)
- National Wetlands Inventory Map
- Aerial Imagery
- Soils Map
- Wetland Delineation Data Sheets
- Waters of the U.S. Delineation Map
1371/2 East Main St.
Delineation Information
Suite 210
RES completed its delineation of potentially jurisdictional areas on this property on January 31,
Oak Hill, WV
2017 in accordance with the 1987 Corps of Engineers Wetlands Delineation Manual methodology
25901
(Environmental Laboratory 1987), as well as the Regional Supplement to the Corps of Engineers
33 Terminal Way
Delineation Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0).
Suite 431
Flags were numbered and placed onsite to mark the limits of potentially jurisdictional wetlands
Pittsburgh, PA
and other Waters of the U.S. Wetland flags were located using Global Positioning System (GPS)
15219
technology with sub -meter accuracy and the streams were drawn using the avaiable National
302 Jefferson St.
Hydrography Dataset Flowlines. Stream determinations have not been verified by a NCDWR
Suite 110
representative. The approximate size and location of these areas are depicted on the attached
Raleigh, NC
27605
Waters of the U.S. Delineation Map.
1521 W. Main
The current land use on-site is primarily pasture, forest and row crop. The site contains four 4
11 �' p > > p• ( )
2nd Floor
Richmond, VA
unnamed tributaries to Mill Creek. Two (2) wetland areas were found on-site. Wetland A is a large
23220
forested wetland in the floodplain of Mill Creek and Wetland B is a small forested wetland
downstream of the dam of Pond A.
Attachments for Reference
- Jurisdictional Determination Request Form
- Preliminary Jurisdictional Determination Form
- Landowner Authorization Forms
- Project Vicinity Map
- Project Location Map (with topography)
- National Wetlands Inventory Map
- Aerial Imagery
- Soils Map
- Wetland Delineation Data Sheets
- Waters of the U.S. Delineation Map

RES respectfully requests that the Corps confirm this delineation of Waters of the U.S. on this property. I will
contact you in the coming days to arrange a site visit for this purpose. Please contact me ([phone]) if
you have any additional questions regarding this matter.
Sincerely,
Jeremy Schimd, PWS
Ecologist
Attachments
cc: Daniel Ingram—Resource Environmental Solutions
rzo-a-x7111L
Ryan Medric
Ecologist

Jurisdictional Determination Request
0
US Army Corps
of Engineers.
Wilmington Dislnct
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
to the appropriate Corps Field Office (or project manager, if known) via mail, electronic mail, or
facsimile. A current list of county assignments by Field Office and project manager can be
found on-line at: httn://www.saw.usace.army.miUMissions/Re ug latMPermitProgram.aspx , by
telephoning: 910-251-4633, or by contacting any of the field offices listed below:
ASHEVILLE REGULATORY FIELD OFFICE
US Arany Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: [phone]
Fax Number: [phone]
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: [phone]
Fax Number: [phone]
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: [phone]
Fax Number: [phone]
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: [phone]
Version: December 2013 Page 1

Jurisdictional Determination Request
INSTRUCTIONS:
All requestors must complete Parts A, B, C, D, E and F.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part G.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD
requests must include the current property owner authorization for the Corps to proceed with the
determination, which may include inspection of the property when necessary. This form must be
signed by the current property owner to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD
requests associated with North Carolina Department of Transportation (NCDOT) projects will be
conducted according to the current NCDOWUSACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural
Resources Conservation Service, prior to starting work.
Version: December 2013 Page 2

Jurisdictional Determination Request
A. PARCEL INFORMATION
B.
C.
Street Address:
City, State:
County:
Directions:
See Landowner Authorization Forms
Parcel Index Number(s) (PIN):
REQUESTOR INFORMATION
Name:
Mailing Address:
Telephone Number:
Electronic Mail Address'
Select one:
See Landowner Authorization Forms
Jeremy Schmid, PWS - Resource Environmental Solutions
302 Jefferson Street, Suite 110
91934&3034
[e-mail]
❑ I am the current property owner.
❑✓ 1 am an Authorized Agent or Environmental Consultant
❑ Interested Buyer or Under Contract to Purchase
❑ Other, please explain.
PROPERTY OWNER INFORMATION
Name:
Mailing Address:
Telephone Number:
Electronic Mail Address;:
See Landowner Authorization Forms
❑ Proof of Ownership Attached (e.g. a copy of Deed, County GIS/Parcel/Tax Record data)
' If available
z Must attach completed Agent Authorization Form
31f available
Version: December 2013 Page 3

Jurisdictional Determination Request
D. PROPERTY OWNER CERTIFICATION
I, the undersigned, a duly authorized owner of record of the property/properties identified herein,
do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps)
to enter upon the property herein described for the purpose of conducting on-site investigations
and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction
under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of
1899.
See Landowner Authorization Forms
Property Owner (please print)
Property Owner Signature
E. JURISDICTIONAL DETERMINATION TYPE
Select One:
Date
✓❑ I am requesting that the Corps provide a oreliminary JD for the property identified herein.
This request does include a delineation.
❑ I am requesting that the Corps provide a oreliminary JD for the property identified herein.
This request does NOT include a delineation.
❑ I am requesting that the Corps investigate the property/project area for the presence or
absence of WOUS5 and provide an approved JD for the property identified herein. This
request does NOT include a request for a verified delineation.
❑ I am requesting that the Corps delineate the boundaries of all WoUS on a property/project
area and provide an aaporoved JD (this may or may not include a survey plat).
❑ I am requesting that the Corps evaluate and approve a delineation of WoUS (conducted
by others) on a property/project area and provide an approved JD (may or may not
include a survey plat).
For NCDOT requests following the current NCDOT/USAGE protocols, skip to Part E.
5 Waters of the United States
Version: December 2013 Page 4

F.
❑✓
jurisdictional Determination Request
ALL REQUESTS
Map of Property or Project Area (attached). This Map must clearly depict the boundaries
of the area of evaluation.
✓❑ Size of Property or Project Area 38_45
n
G.
acres
I verify that the property (or project) boundaries have recently been surveyed and marked
by a licensed land surveyor OR are otherwise clearly marked or distinguishable.
JD REQUESTS FROM CONSULTANTS OR AGENCIES
(1) Preliminary JD Requests:
❑✓ Completed and signed Preliminary Jurisdictional Determination Form 6.
❑V Project Coordinates: 35.349089 Latitude -78.341515 Longitude
Maps (no larger than 11 x 17) with Project Boundary Overlay:
✓❑ Large and small scale maps that depict, at minimum: streets, intersections, towns
❑✓ Aerial Photography of the project area
❑✓ USGS Topographic Map
❑✓ Soil Survey Map
0✓ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
6 See Appendix A of this Form. From Regulatory Guidance Letter No. 08-02, dated June 26, 2008
Version: December 2013 Page 5

Jurisdictional Determination Request
Delineation Information (when applicable)7:
Wetlands:
✓❑ Wetland Data Sheetss
Tributaries:
❑ USACE Assessment Forms
❑✓ Upland Data Sheets ❑ Other Assessment Forms
(when appropriate)
❑ Landscape Photos, if taken
❑✓ Field Sketch overlain on legible Map that includes:
■ All aquatic resources (for sites with multiple resources, label and identify)
■ Locations of wetland data points and/or tributary assessment reaches
■ Locations of photo stations
■ Approximate acreage/linear footage of aquatic resources
(2) Approved JDs including Verification of a Delineation:
❑ Project Coordinates:
Latitude
Longitude
Maps (no larger than 1 1x17) with Project Boundary Overlay:
❑ Large and small scale maps that depict, at minimum: streets, intersections, towns
❑ Aerial Photography of the project area
❑ USGS Topographic Map
❑ Soil Survey Map
❑ Other Maps, as appropriate (e.g. National Wetland htventory Map, Proposed Site Plan,
previous delineation maps)
1987 Manual Regional Supplements and Data forms can be found at:
htto://www.usace.army.mil/Missions/CivilWorksIRegulatoryProgramandPermits/reg suoo.asox
Wetland and Stream Assessment Methodologies can be found at:
htto://i)ortal.ncdenr.org/c/document library/get file7uuid=76f3c58b-dab8-4960-ba43-45b7faf06f4c&erouold=38364 and,
htto://www.saw.usace.armv.mil/Portals/59/docs/reeulatorv/Dublicnotices/2013/NCSAM Draft User Manual 130318.odf
8 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type.
Version: December 2013 Page 6

Jurisdictional Determination Request
Delineation Information (when applicable):
Wetlands:
❑ Wetland Data Sheets9
Xn utaries:
USACE Assessment Forms
❑ Upland Data Sheets ❑ Other Assessment Forms
(when appropriate)
❑ Landscape Photos, if taken
❑ Field Sketch overlain on legible Map that includes:
• All aquatic resources (for sites with multiple resources, label and identify)
• Locations of wetland data points and/or tributary assessment reaches
• Locations of photo stations
• Approximate acreage/linear footage of aquatic resources
Supporting Jurisdictional Information (for Approved JDs only)
❑ Approved Jurisdictional Determination Form(s) (also known as "Rapanos
Form(s)")
❑ Map(s) depicting the potential (or lack of potential) hydrologic connection(s),
adjacency, etc. to navigable waters.
9 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type.
Version: December 2013 Page 7

Jurisdictional Determination Request
1. REQUESTS FOR CORPS APPROVAL OF SURVEY PLAT
Prior to final production of a Plat, the Wilmington District recommends that the Land
Surveyor electronically submit a draft of a Survey Plat to the Corps project manager for
review.
Due to storage limitations of our administrative records, the Corps requires that all hard-
copy submittals include at least one original Plat (to scale) that is no larger than 11"x17"
(the use of match lines for larger tracts acceptable). Additional copies of a plat, including
those larger than 11 "x 17", may also be submitted for Corps signature as needed. The
Corps also accepts electronic submittals of plats, such as those transmitted as a Portable
Document Format (PDF) file. Upon verification, the Corps can electronically sign these
plats and return them via e-mail to the requestor.
(1) PLATS SUBMITTED FOR APPROVAL
ElMust be sealed and signed by a licensed professional land surveyor
❑ Must be to scale (all maps must include both a graphic scale and a verbal scale)
0 Must be legible
❑ Must include a North Arrow, Scale(s), Title, Property Information
❑ Must include a legible WoUS Delineation Table of distances and bearings/metes
and bounds/GPS coordinates of all surveyed delineation points
❑ Must clearly depict surveyed property or project boundaries
Must clearly identify the known surveyed point(s) used as reference (e.g. property
comer, USGS monument)
ElWhen wetlands are depicted:
• Must include acreage (or square footage) of wetland polygons
• Must identify each wetland polygon using an alphanumeric system
Version: December 2013 Page 8

Jurisdictional Determination Request
❑ When tributaries are depicted:
• Must include either a surveyed, approximate centerline of tributary with
approximate width of tributary OR surveyed Ordinary High Water Marks
(OHWM) of tributary
• Must identify each tributary using an alphanumeric system
• Must include linear footage of tributaries and calculated area (using approximate
widths or surveyed OHWM)
• Must include name of tributary (based on the most recent USGS topographic
map) or, when no USGS name exists, identify as "unnamed tributary"
❑ all depicted WoUS (wetland polygons and tributary lines) must intersect or tie -to
surveyed project/property boundaries
❑ Must include the location of wetland data points and/or tributary assessment
reaches
❑ Must include, label accordingly, and depict acreage of all waters not currently
subject to the requirements of the CWA (e.g. "isolated wetlands", "non -
jurisdictional waters"). NOTE: An approved JD must be conducted in order to
make an official Corps determination that a particular waterbody or wetland is not
jurisdictional.
❑ Must include and survey all existing conveyances (pipes, culverts, etc.) that
transport WoUS
Version: December 2013 Page 9

Jurisdictional Determination Request
(2) CERTIFICATION LANGUAGE
F]When the entire actual Jurisdictional Boundary is depicted:
include the following Corps Certification language:
"This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction
of Section 404 of the Clean Water Act as determined by the undersigned on this date.
Unless there is a change in the law or our published regulations, the determination of
Section 404 jurisdiction may be relied upon for a period not to exceed five (5) years from
this date. The undersigned completed this determination utilizing the appropriate Regional
Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual."
Regulatory Official:
Title:
Date:
USACE Action ID No.:
ElWhen uplands may be present within a depicted Jurisdictional Boundary
include the following Corps Certification language:
"This certifies that this copy of this plat identifies all areas of waters of the United States
regulated pursuant to Section 404 of the Clean Water Act as determined by the
undersigned on this date. Unless there is change in the law or our published regulations,
this determination of Section 404 jurisdiction may be relied upon for a period not to exceed
five years from this date. The undersigned completed this determination utilizing the
appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands
Delineation Manual."
Regulatory Official:
Title:
Date:
USACE Action ID No.:
Version: December 2013 Page 10

Jurisdictional Determination Request
(3) GPS SURVEYS
For Surveys prepared using a Global Positioning System (GPS), the Survey must include
all of the above, as well as:
Dbe at sub -meter accuracy at each survey point.
❑ include an accuracy verification:
One or more known points (property comer, monument) shall be located with the
GPS and cross-referenced with the existing traditional property survey (metes and
bounds).
❑ include a brief description of the GPS equipment utilized.
Version: December 2013 Page 11

ATTACHMENT A
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD):
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Jeremy Schmid, PWS - Resource Environmental Solutions
302 Jefferson Street, Suite 110, Raleigh, NC 27605
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT
SITES)
State: NC
County/parish/borough: Johnston
City: Four Oaks
Center coordinates of site (lat/long in degree decimal format):
Lat. 35.349089 ON; Long. -76.341515 °W,
Universal Transverse Mercator: NAD 1983
Name of nearest waterbody: Mill creek
Identify (estimate) amount of waters in the review area:
Non -wetland waters:
5,107 linear feet: width (ft) and/or acres.
Cowardin Class:
Stream Flow:
Wetlands: 17.32 acres.
Cowardin Class: PFOand POW
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal:
Non -Tidal:

E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
SUPPORTING DATA. Data reviewed for preliminary JD
(check all that apply - checked items should be included in case file and,
where checked and requested, appropriately reference sources below):
❑ Maps, plans, plots or plat submitted by or on behalf of the
applicant/consultant:
❑ Data sheets prepared/submitted by or on behalf of the
app nt/consultant.
Office concurs with data sheets/delineation report.
Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:_
❑ U.S. Geological Survey Hydrologic
❑ USGS NHD data
❑ USGS 8 and 12 digit HUC maps
❑ U.S. Geological Survey map(s). Cite scale & quad name:
❑ USDA Natural Resources Conservation Service Soil Survey.
Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is:
(National Geodectic Vertical Datum of 1929)
❑ Photographs: ❑ Aerial (Name & Date): or
❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
2

1. The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site, and the permit applicant or other affected party
who requested this preliminary JD is hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) for that site.
Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in
this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or
a Nationwide General Permit (NWP) or other general permit verification requiring
"pre -construction notification" (PCN), or requests verification for a non -reporting
NWP or other general permit, and the permit applicant has not requested an
approved JD for the activity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seek a permit authorization
based on a preliminary JD, which does not make an official determination of
jurisdictional waters; (2) that the applicant has the option to request an approved
JD before accepting the terms and conditions of the permit authorization, and
that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions; (3) that
the applicant has the right to request an individual permit rather than accepting
the terms and conditions of the NWP or other general permit authorization; (4)
that the applicant can accept a permit authorization and thereby agree to comply
with all the terms and conditions of that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) that undertaking
any activity in reliance upon the subject permit authorization without requesting
an approved JD constitutes the applicant's acceptance of the use of the
preliminary JD, but that either form of JD will be processed as soon as is
practicable; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a preliminary JD constitutes agreement that all
wetlands and other water bodies on the site affected in any way by that activity
are jurisdictional waters of the United States, and precludes any challenge to
such jurisdiction in any administrative or judicial compliance or enforcement
action, or in any administrative appeal or in any Federal court; and (7) whether
the applicant elects to use either an approved JD or a preliminary JD, that JD
will be processed as soon as is practicable. Further, an approved JD, a proffered
individual permit (and all terms and conditions contained therein), or individual
permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331,
and that in any administrative appeal, jurisdictional issues can be raised (see 33
C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary
to make an official determination whether CWA jurisdiction exists over a site, or
to provide an official delineation of jurisdictional waters on the site, the Corps will
provide an approved JD to accomplish that result, as soon as is practicable.

This preliminary JD finds that there "maybe" waters of the United States on the
subject project site, and identifies all aquatic features on the site that could be
affected by the proposed activity, based on the following information:
IMPORTANT NOTE: The information recorded on this form has not
necessarily been verified by the Corps and should not be relied upon for
later jurisdictional determinations.
Signature and date of
Regulatory Project Manager
(REQUIRED)
4
)11Y4VA
03/06/2017
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining
the signature is impracticable)

Waters_Nam
Code HGM_Code 1kas_Type
Amount Units
Waters_Type
Latitude
Longitude Local _Waterway
Reach 1
NORTH CAROLINA
R5
Linear
2127 FOOT
DELINEATE
35.3505
-78.337 Mill Creek
Reach 2
NORTH CAROLINA
R5
Linear
1185 FOOT
DELINEATE
35.3503
-78.3416 Mill Creek
Reach 3
NORTH CAROLINA
R5
Linear
1003 FOOT
DELINEATE
35.3475
-78.3407 Mill Creek
Reach 4
NORTH CAROLINA
R4
Linear
792 FOOT
DELINEATE
35.3507
-78.3412 Mill Creek
Wetland A
NORTH CAROLINA
PFO
Area
16.18 ACRE
DELINEATE
35.3472
-78.341 Mill Creek
Wetland B
NORTH CAROLINA
PFO
Area
0.21 ACRE
DELINEATE
35.3509
-78.3413 Mill Creek
Pond A
NORTH CAROLINA
POW
Area
0.69 ACRE
DELINEATE
35.3515
-78.341 Mill Creek
Pond B
NORTH CAROLINA
POW
Area
0.23 ACRE
DELINEATE
35.3503
-78.3412 Mill Creek

Exhibit C
LANDOWNER AUTHORIZATION FORM
Site: Hayes Sandy Ridge Site
PROPERTY LEGAL DESCRITION:
Deed Book Page County
2305 116 Johnston
Parcel ID Number: 159800-73-6786 in Johnston County North Carolina as shown on Exhibit A.
Street Address: Farm on Joyner Bridge Rd., Four Oaks, NC shown on Exhibit A
Property Owner (please print): Michael K Hayes and Sharrion K Hayes
The undersigned, registered property owner(s) of the above property, do hereby authorize
EBX, Neuse I, LLC, Resource Environmental Solutions ("RES"), the NC Department of
Environment and Natural Resources, and the US Army Corps of Engineers, their employees,
agents or assigns to have reasonable access to the above referenced property for the evaluation of
the property as a potential stream, wetland and/or riparian buffer mitigation project, including
conducting stream and/or wetland determinations and delineations.
Property Owners(s) Address: 6852 Devils Race Track Road
Four Oaks, NC 27524
Property Owner Telephone Number: 919-749-9926
UWe hereby certify the above information to be true and accurate to the best of my/our knowledge.
By•
(Property Owner A
By:
(Property Owner A
re)
(Date)
(Date)

Exhibit C
LANDOWNER AUTHORIZATION FORM
Site: Stone Creek Site (Batten)
PROPERTY LEGAL DESCRITION:
Deed Book Page County
3089 0054 Johnston
Parcel ID Number: 159800-72-3267 in Johnston County North Carolina as shown on Exhibit A.
Street Address: Farm on Joyner Bridge Rd., Four Oaks, NC shown on Exhibit A
Property Owner (please print): Terry D. Batten
The undersigned, registered property owner(s) of the above property, do hereby authorize
EBX, Neuse I, LLC, Resource Environmental Solutions ("RES"), the NC Department of
Environment and Natural Resources, and the US Army Corps of Engineers, their employees,
agents or assigns to have reasonable access to the above referenced property for the evaluation of
the property as a potential stream, wetland and/or riparian buffer mitigation project, including
conducting stream and/or wetland determinations and delineations.
Property Owners(s) Address: 3261 Joyner Bridge Road
Four Oaks, NC 27524
Property Owner Telephone Number: 919-291-1176
I/We hereby certify the above information to be true and accurate to the best of my/our knowledge.
By:
ro erty bwner Au
ture)
(Date)

Exhibit C
LANDOWNER AUTHORIZATION FORM
Site: Stephenson Sandy Ridge Site
PROPERTY LEGAL DESCRITION:
Deed Book Page County
1203 829 Johnston
Parcel ID Number: 159800-62-3920 in Johnston County North Carolina as shown on Exhibit A.
Street Address: Farm on Joyner Bridge Rd., Four Oaks, NC shown on Exhibit A
Property Owner (please print): Whitley W. Stephenson and Janet L. Stephenson
The undersigned, registered property owner(s) of the above property, do hereby authorize
EBX, Neuse I, LLC, Resource Environmental Solutions ("RES"), the NC Department of
Environment and Natural Resources, and the US Army Corps of Engineers, their employees,
agents or assigns to have reasonable access to the above referenced property for the evaluation of
the property as a potential stream, wetland and/or riparian buffer mitigation project, including
conducting stream and/or wetland determinations and delineations.
Property Owners(s) Address: 2350 Wilsons Mills Rd
Smithfield, NC 27577
Property Owner Telephone Number: 919-631-1447
UWe hereby certify the above information to be true and accurate to the best of my/our knowledge.
By•
(Pr rty Owhtr Authorized Signature) (Date)
By: U
( operty Owner Authorized Signature) (Date)

osA�" ve
0
LEGEND
APPROXIMATE PROJECT LIMITS
Street Map Source:
VICINITY MAP World Street Map
ESRI Arc615 Online
N
1,6 re STONE CREEK MITIGATION SITE
JOhNSTON COUNTY, NC
I inch = 600 feet
Document Path: C:\Users\rmedric\Dropbm (RE5)\@RE5 G15\pr sects\NC�5tone Creek\MXDUD_Pigure5\5toneCreek_Vicinity.mxd - Date 5a-1: 31GY201 7

LEGEND-
-
0
APPROXIMATE PROJECT LIMITS
t�t)f-
/ _ ' • ^— / ��• ' /i a •� •^ul•-
,n f: �� •� ..Cent_: , m
� ' ,164
zz
BMS ; - T.-
100
_ O A
reek j
Cem
i Copyright 0 2013 National Geographic Society,�i cubed
Street Map Source:
PROJECT LOCATION MAP USA Topo Maps
ESRI ArcGIS Online
re N
STONE CREEK MITIGATION SITE
JOI�NSTON COUNTY, NC
1 inch = 2,000 feet
Document Path: C:\Users\rmednc\Dropbox (Rff5)\@RE5 G15\project5\NC6tone Creek\MXDWD_figures\StoneCreek_Pro�ect_Location.mxd - Date Saved: 3/6/2017

Document Path: C:\Users\rmedric\Dropbm (RE5)\@RE5 GIS\pr sects\NC�5tone Creek\MXDUD_fqure5\5toneCreek_NM.m a - Date 5a -a: 3/6/2017

Document Path: C:\Users\rmedric\Dropbm (RE5)\@RE5 GIS\pr sects\NC�5tone Creek\MXDUD_figure5\5toneCreek_Aerial_Ima jcry.rr a - Date 5a-a: 1/30/2017

F5FLEGEN D
APPROXIMATE PROJECT LIMITS
0 t1YDRIC SOIL..
0 SOIL WMI t1YDRIC INCLUSIONS
v
000,
a
•
x-
1l
-
W 116or"
Source: Esri, Di,gitalGlobe, GeoEye, Earthstar
- Geographies, ONES/Airbus DS, USDA, USGS,
Source:
SOILS MAP U.S. Department of Agriculture
Natural Resources
re Conservation Service
STONE CREEK MITIGATION SITE Soil Survey Geographic N
I(55URGO)
JONNSTON COUNTY, NC
I inch = 400 feet
Document Path: CAUsers\rmea—Dropbm (RE5)\@RE5 G15\pr sects\NC\5tone Creek\MXDUD_fqur—\5toneCreek_5oi&mxal - Date 5a -al: 3/@/2017

WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coastal Plain Region
Project/Site: Stone Creek Mitigation Site City/County: Johnston Sampling Date: 31 -Jan -17
Applicant/Owner: Resource Environmental Solutions State: NC Sampling Point: DP -1
Investigator(s): J. Schmid, R. Medric Section, Township, Range: S T R
Landform (hillslope, terrace, etc.): Floodplain Local relief (concave, convex, none): concave Slope: 0.0 % / 0.0
Subregion (LRR or MLRA): LRR P Lat.: 35.3471 Long.: -78.3405 Datum: NAD83
Soil Map Unit Name: Bibb sandy loam NWI classification: PFO
Are climatic/hydrologic conditions on the site typical for this time of year? Yes CO) No O (If no, explain in Remarks.)
Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes 0 No O
Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present?
Yes (0% No O
Is the Sampled Area
Hydric Soil Present?
Y
Yes * No C)
�
Yes `'� NO O
Wetland Hydrology Present?
Yes 0 No O
within a Wetland?
Remarks:
❑ Marl Deposits (B15) (LRR U)
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of 2 required)
Primary Indicators (minimum of one required;
check all that apply)
❑ Surface Soil Cracks (B6)
❑ Surface Water (Al)
❑ Aquatic Fauna (B13)
❑ Sparsely Vegetated Concave Surface (B8)
❑ High Water Table (A2)
❑ Marl Deposits (B15) (LRR U)
❑ Drainage Patterns (B10)
❑ Saturation (A3)
❑ Hydrogen Sulfide Odor (Cl)
❑ Moss Trim Lines (B16)
❑ Water Marks (Bl)
❑ Oxidized Rhizospheres along Living Roots (0)
❑ Dry Season Water Table (C2)
❑ Sediment Deposits (B2)
❑ Presence of Reduced Iron (C4)
❑ Crayfish Burrows (C8)
❑ Drift Deposits (B3)
❑ Recent Iron Reduction in Tilled Soils (C6)
❑ Saturation Visible on Aerial Imagery (C9)
d❑ Algal Mat or Crust (B4)
❑ Thin Muck Surface (C7)
❑ Geomorphic Position (D2)
❑ Iron Deposits (B5)
❑ Other (Explain in Remarks)
❑ Shallow Aquitard (D3)
❑ Inundation Visible on Aerial Imagery (B7)d❑
FAC -Neutral Test (D5)
❑ Water -Stained Leaves (B9)
❑ Sphagnum moss (D8) (LRR T, U)
Field Observations:
Surface Water Present? Yes O No O
Depth (inches): 6
Water Table Present? Yes O No OO
Depth (inches):
Yes O No O
Saturation Present?Wetland
Yes O No
Depth (inches):
Hydrology Present?
(includes capillary frinqe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0

VEGETATION (Five/Four Strata) - Use scientific names of plants.
Dominant
C ., An.7
Sampling Point: DP -1
7.
Absolute
Rel.Strat.
Indicator
Dominance Test worksheet:
8,
Tree Stratum (Plot size: 30 )
% Cover
❑
Cover
Status
50% of Total Cover: 40
20% of Total Cover: 16
80
= Total Cover
OBL species 45 x 1 = 45
Sapling or Sapling/Shrub Stratum (Plot size: 30
)
Number of Dominant Species
FACW species 40 x 2 = 80
1 .
Liquidambar styraciflua
30d❑
❑
37.5%
FAC
That are OBL, FACW, or FAC:
6 (A)
2.
Nyssa aquatica
30d❑
FACu species 0 x 4= 0
37.5%
CBL
0
❑
3.
Acer rubrum
20
W-25.0%
0
FAC
Total Number of Dominant
column Totals: 135 (A) 275 (B)
5.
5.
_
o
Ll
o.o
0.0%
Species Across All Strata:
6 (B)
4.
o
❑
0.0%
0
Ll
5.
o
❑
0.0%
❑
Percent of dominant Species
Hydrophytic Vegetation Indicators:
8.
0
❑
0.0%
❑ 1 -Rapid Test for Hydrophytic Vegetation
That Are OBL, FACW, or FAC:
100.0% (A/B)
6.
0
0
0 2 - Dominance Test is > So%
0.0%
)
7.
0
❑
0.0%
Prevalence Index worksheet:
8,
0
❑
0.o%
Total % Cover of: Multiply by:
50% of Total Cover: 40
20% of Total Cover: 16
80
= Total Cover
OBL species 45 x 1 = 45
Sapling or Sapling/Shrub Stratum (Plot size: 30
)
5.
FACW species 40 x 2 = 80
1.
Hydrophytic
0
❑
0.0%
FAC species 50 x 3 = 150
2.
10
0
❑
0.0%
FACu species 0 x 4= 0
3.
0
❑
o.o%
UPL species 0 x 5= 0
4.
0
❑
0.0%
column Totals: 135 (A) 275 (B)
5.
5.
o
Ll
o.o
0.0%
Prevalence Index = B/A = 2.037
0
Ll
0.0
7.
0
❑
0.0%
Hydrophytic Vegetation Indicators:
8.
0
❑
0.0%
❑ 1 -Rapid Test for Hydrophytic Vegetation
50% of Total Cover: 0
20% of Total Cover: 0_
0
= Total Cover
0 2 - Dominance Test is > So%
Shrub Stratum (Plot size: 30
)
0 3 - Prevalence Index is <_3.0 1
1.
0
❑
0.0%
❑ Problematic Hydrophytic Vegetation 1 (Explain)
2.
0
❑
0.0%
3.
0
❑
0.0%
1 Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
4. _
o
❑
0.0%
5.
0
❑
0.0%
Definition of Vegetation Strata:
6.
0
❑
0.0%
Tree - Woody plants, excluding woody vines,
50% of Total Cover: 0
20% of Total Cover: 0
0
= Total Cover
approximately 20 ft (6 m) or more in height and 3 in.
(7.6 cm) or larger in diameter at breast height (DBH).
Herb Stratum (Plot size: 30
)
1 Arundinaria gigantea
30d❑
66.7% FACW
Sapling - Woody plants, excluding woody vines,
,
approximately 20 ft (6 m) or more in height and less
2. ]uncus effusus
10
22.2% OBL
than 3 in. (7.6 cm) DBH.
3. Carex lurida
5
❑
11.1% OBL
4.
0
❑
0.0%
Sapling/Shrub - Woody plants, excluding vines, less
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
5.
0
❑
0.0%
6.
0
❑
0.0%
Shrub - Woody plants, excluding woody vines,
7.
0
❑
0.0%
approximately 3 to 20 ft (1 to 6 m) in height.
8.
0
❑
0.0%
9.
0
❑
0.0%
Herb - All herbaceous (non -woody) plants, including
❑
herbaceous vines, regardless of size, and woody
1 Q.
0
0.0%
plants, except woody vines, less than approximately
11.
0
❑
0.o%
3 ft (1 m) in height.
12.
0
❑
o.o%
50% of Total Cover: 225
20% of Total Cover: 9
45
= Total Cover
Woody vine - All woody vines, regardless of height.
Woody Vine Stratum (Plot size: 30 )
1 Smilax laurifolia
10
d❑ 100.0% FACW
2.
0
❑ 0.0%
3.
o
❑ 0.0%
4.
0
❑ 0.0%
5.
0
❑ 0.0%
Hydrophytic
-
Vegetation
50% of Total Cover: 5 20% of Total Cover: 2
10
= Total Cover
Present? Yes `• No ' -'
Remarks: (If observed, list morphological adaptations below).
*Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS.
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0

SOIL
Sampling Point: DP -1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) _ % Color (moist) % Tvne 1 Locz Texture
0-12 IOYR 4/1 80 10YR 5/8 20 C M Loam
1 Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains zLocation: PL=Pore Lining. M=Matrix
Remarks
Hydric Soil Indicators:
Indicators for Problematic Hydric Soils3:
❑ Histosol (Al)
❑ Polyvalue Below Surface (S8) (LRR S, T, U)
❑ 1 cm Muck (A9) (LRR O)
❑ Histic Epipedon (A2)
❑ Thin Dark Surface (S9) (LRR S, T, U)
❑ 2 cm Muck (A10) (LRR S)
❑ Black Histic (A3)
❑ Loamy Mucky Mineral (Fl) (LRR O)
❑ Reduced Vertic (F18) (outside MLRA 150A,B)
❑ Hydrogen Sulfide (A4)
❑ Loamy Gleyed Matrix (F2)
❑ Piedmont Floodplain Soils (F19) (LRR P, S, T)
❑ Stratified Layers (AS)
d❑ Depleted Matrix (F3)
❑ Anomalous Bright Loamy Soils (F20) (MLRA 153B)
❑ Organic Bodies (A6) (LRR P, T, U)
❑ Redox Dark Surface (F6)
❑ Red Parent Material (TF2)
❑ 5 cm Mucky Mineral (A7) (LRR P, T, U)
❑ Depleted Dark Surface (F7)
❑ Very Shallow Dark Surface (TF12)
❑ Muck Presence (A8) (LRR U)
❑ Redox Depressions (F8)
❑ Other (Explain in Remarks)
❑ 1 cm Muck (A9) (LRR P, T) ❑ Marl (F10) (LRR U)
❑ Depleted Below Dark Surface (All) ❑ Depleted Ochric (Fl l) (MLRA 15 1)
❑ Thick Dark Surface (Al2) ❑ Iron -Manganese Masses (F12) (LRR O, P, T)
❑ Coast Prairie Redox (A16) (MLRA 150A) ❑ Umbric Surface (F13) (LRR P, T, U)
❑ Sandy Muck Mineral (Sl) (LRR 0, S) ❑ Delta Ochric (1`17) (MLRA 151)
❑ Sandy Gleyed Matrix (S4) ❑ Reduced Vertic (1`18) (MLRA 150A, 150B) 3Indicators of hydrology
mushydrophytic vegetation and
wetland hydrology must be present,
❑ Sandy Redox (S5) ❑ Piedmont Floodplain Soils (1`19) (MLRA 149A) unless disturbed or problematic.
❑ Stripped Matrix (S6) ❑ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D)
❑ Dark Surface (S7) (LRR P, S, T, U)
Restrictive Layer (if observed):
Type:
Depth (inches):
Remarks:
Hydric Soil Present? Yes * No 0
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0

WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coastal Plain Region
Project/Site: Stone Creek Mitigation Site City/County: Johnston Sampling Date: 31 -Jan -17
Applicant/Owner: Resource Environmental Solutions State: NC Sampling Point: DP -2
Investigator(s): J. Schmid, R. Medric Section, Township, Range: S T R
Landform (hillslope, terrace, etc.): Hillside Local relief (concave, convex, none): convex Slope: 1.0 % / 0.6
Subregion (LRR or MLRA): LRR P Lat.: 35.3474 Long.: -78.3395 Datum: NAD83
Soil Map Unit Name: Dorian fine sandy loam NWI classification: Upland
Are climatic/hydrologic conditions on the site typical for this time of year? Yes CO) No O (If no, explain in Remarks.)
Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes 0 No O
Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes (0% No O
Is the Sampled Area
Hydric Soil Present? Yes O No
Y
Yes ` No
Wetland Hydrology Present? Yes O No C
within a Wetland?
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of 2 required)
Primary Indicators (minimum of one required;
check all that apply)
❑ Surface Soil Cracks (B6)
❑ Surface Water (Al)
❑ Aquatic Fauna (B13)
❑ Sparsely Vegetated Concave Surface (B8)
❑ High Water Table (A2)
❑ Marl Deposits (B15) (LRR U)
❑ Drainage Patterns (B10)
❑ Saturation (A3)
❑ Hydrogen Sulfide Odor (Cl)
❑ Moss Trim Lines (B16)
❑ Water Marks (Bl)
❑ Oxidized Rhizospheres along Living Roots (0)
❑ Dry Season Water Table (C2)
❑ Sediment Deposits (B2)
❑ Presence of Reduced Iron (C4)
❑ Crayfish Burrows (C8)
❑ Drift Deposits (B3)
❑ Recent Iron Reduction in Tilled Soils (C6)
❑ Saturation Visible on Aerial Imagery (C9)
❑ Algal Mat or Crust (B4)
❑ Thin Muck Surface (C7)
❑ Geomorphic Position (D2)
❑ Iron Deposits (B5)
❑ Other (Explain in Remarks)
❑ Shallow Aquitard (D3)
❑ Inundation Visible on Aerial Imagery (B7)
❑ FAC -Neutral Test (D5)
❑ Water -Stained Leaves (B9)
❑ Sphagnum moss (D8) (LRR T, U)
Field Observations:
Surface Water Present? Yes O No O
Depth (inches):
Water Table Present? Yes O No OO
Depth (inches):
Yes O No O
Saturation Present?Wetland
Yes O No
Depth (inches):
Hydrology Present?
(includes capillary frinqe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0

VEGETATION (Five/Four Strata) - Use scientific names of plants.
Dominant
C ., An.7
Sampling Point: DP -2
7.
Absolute
Rel.Strat.
Indicator
Dominance Test worksheet:
Prevalence Index worksheet:
Tree Stratum (Plot size: 30 )
% Cover
0
Cover
Status
3.
Total % Cover of: Multiply by:
50% of Total Cover: 30
20% of Total Cover: 12
60
= Total Cover
❑ 0.0%
OBL species 0 x 1 = 0
Number of Dominant Species
)
1 .
Pinus taeda
30❑
FACW species _ 5 x 2 = 10
50.0%
FAC
That are OBL, FACW, or FAC:
6 (A)
2.
Liquidambar styraciflua
20d❑
2.
33.3%
FAC
❑
0.0%
3.
Quercus nigra
10
❑
16.7%
FAC
Total Number of Dominant
UPL species 0 x 5= 0
4.
0
❑
0.0%
Species Across All Strata:
7 (B)
4.
0
❑
0.0%
5.
0
❑
0.0%
Prevalence Index = B/A = 3.038
Percent of dominant Species
0
Ll
0.0
❑
7.
That Are OBL, FACW, or FAC:
85.7% (A/B)
6.
0.0%
0
Hydrophytic Vegetation Indicators:
0.0%
0
❑
7.
0
❑
0.0%
5
Prevalence Index worksheet:
8,
2.
0
El
0.o%
3.
Total % Cover of: Multiply by:
50% of Total Cover: 30
20% of Total Cover: 12
60
= Total Cover
❑ 0.0%
OBL species 0 x 1 = 0
Sapling or Sapling/Shrub Stratum (Plot size: 30
)
❑ 0.0%
Hydrophytic
FACW species _ 5 x 2 = 10
1. Ilex opaca
Vegetation
20❑
5
100.0%
FAC
FAC species 115 x 3 = 345
2.
0
❑
0.0%
FACu species 10 x 4 = 40
3.
0
❑
o.o%
UPL species 0 x 5= 0
4.
0
❑
0.0%
column Totals: 130 (A) 395 (B)
5.
5.
o
Ll
o.o
-0.0%
Prevalence Index = B/A = 3.038
0
Ll
0.0
7.
0
❑
0.0%
Hydrophytic Vegetation Indicators:
8.
0
❑
0.0%
❑ 1 -Rapid Test for Hydrophytic Vegetation
50% of Total Cover: 10
20% of Total Cover: 4
20
= Total Cover
0 2 - Dominance Test is > So%
Shrub Stratum (Plot size: 30
)
❑ 3 - Prevalence Index is <_3.0 1
1. Rubus argutus
5
❑
100.0%
FAC
❑ Problematic Hydrophytic Vegetation 1 (Explain)
2.
0
❑
0.0%
3.
0
❑
0.0%
1 Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
4.
o
❑
0.0%
5.
0
❑
0.0%
Definition of Vegetation Strata:
6.
0
❑
0.0%
Tree - Woody plants, excluding woody vines,
50% of Total Cover: 2.5
20% of Total Cover: 1
5
= Total Cover
approximately 20 ft (6 m) or more in height and 3 in.
(7.6 cm) or larger in diameter at breast height (DBH).
Herb Stratum (Plot size: 30
)
1 Microstegium vimineum
30d❑
75.0%
FAC
Sapling - Woody plants, excluding woody vines,
,
approximately 20 ft (6 m) or more in height and less
2. Eupatorium capillifolium
10d❑
25.0%
FACU
than 3 in. (7.6 cm) DBH.
3.
0
❑
0.0%
4.
0
❑
0.0%
Sapling/Shrub - Woody plants, excluding vines, less
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
5.
0
❑
0.0%
6.
0
❑
0.0%
Shrub - Woody plants, excluding woody vines,
7.
0
❑
0.0%
approximately 3 to 20 ft (1 to 6 m) in height.
8.
0
❑
0.0%
9.
0
❑
0.0%
Herb - All herbaceous (non -woody) plants, including
Ll
herbaceous vines, regardless of size, and woody
1 Q.
0
0.0%
plants, except woody vines, less than approximately
11.
0
❑
0.o%
3 ft (1 m) in height.
12.
0
❑
o.o%
50% of Total Cover: 20
20% of Total Cover: 8
40
= Total Cover
Woody vine - All woody vines, regardless of height.
Woody Vine Stratum (Plot size: 30 )
1 Smilax laurifolia
5
d❑ 100.0% FACW
2.
0
❑ 0.0%
3.
o
❑ 0.0%
4.
0
❑ 0.0%
5.
0
❑ 0.0%
Hydrophytic
-
Vegetation
50% of Total Cover: 2.5 20% of Total Cover: 1
5
= Total Cover
Present? Yes `• No ' -'
Remarks: (If observed, list morphological adaptations below).
*Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS.
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0

SOIL
Sampling Point: DP -2
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features _
(inches) Color (moist) _10 _ Color (moist) % Tvne 1 _ Locz_ Texture Remarks
0-4 30YR 3/3 100 Sandy Loam
4-18 2.5Y 5/4 100 Sandy Loam
1 Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains zLocation: PL=Pore Lining. M=Matrix
Hydric Soil Indicators:
Indicators for Problematic Hydric Soils3:
❑ Histosol (Al)
❑ Polyvalue Below Surface (S8) (LRR S, T, U)
❑ 1 cm Muck (A9) (LRR O)
❑ Histic Epipedon (A2)
❑ Thin Dark Surface (S9) (LRR S, T, U)
❑ 2 cm Muck (A10) (LRR S)
❑ Black Histic (A3)
❑ Loamy Mucky Mineral (Fl) (LRR O)
❑ Reduced Vertic (F18) (outside MLRA 150A,B)
❑ Hydrogen Sulfide (A4)
❑ Loamy Gleyed Matrix (F2)
❑ Piedmont Floodplain Soils (F19) (LRR P, S, T)
❑ Stratified Layers (AS)
❑ Depleted Matrix (F3)
❑ Anomalous Bright Loamy Soils (F20) (MLRA 153B)
❑ Organic Bodies (A6) (LRR P, T, U)
❑ Redox Dark Surface (F6)
❑ Red Parent Material (TF2)
❑ 5 cm Mucky Mineral (A7) (LRR P, T, U)
❑ Depleted Dark Surface (F7)
❑ Very Shallow Dark Surface (TF12)
❑ Muck Presence (A8) (LRR U)
❑ Redox Depressions (F8)
❑ Other (Explain in Remarks)
❑ 1 cm Muck (A9) (LRR P, T) ❑ Marl (F10) (LRR U)
❑ Depleted Below Dark Surface (All) ❑ Depleted Ochric (Fl l) (MLRA 15 1)
❑ Thick Dark Surface (Al2) ❑ Iron -Manganese Masses (F12) (LRR O, P, T)
❑ Coast Prairie Redox (A16) (MLRA 150A) ❑ Umbric Surface (F13) (LRR P, T, U)
❑ Sandy Muck Mineral (Sl) (LRR 0, S) ❑ Delta Ochric (1`17) (MLRA 151)
❑ Sandy Gleyed Matrix (S4) ❑ Reduced Vertic (1`18) (MLRA 150A, 150B) 3Indicators of hydrology
mushydrophytic vegetation and
wetland hydrology must be present,
❑ Sandy Redox (S5) ❑ Piedmont Floodplain Soils (1`19) (MLRA 149A) unless disturbed or problematic.
❑ Stripped Matrix (S6) ❑ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D)
❑ Dark Surface (S7) (LRR P, S, T, U)
Restrictive Layer (if observed):
Type:
Depth (inches):
Remarks:
Hydric Soil Present? Yes O No
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0

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fires
March 29, 2017
302 Jefferson St., Suite 110
Raleigh, NC 27605
Tel. [phone]
Fax. [phone]
10055 Red Run Blvd.
Mr. Vann Stancil
Suite 130
Habitat Conservation Biologist
g
Owings Mills, MD
North Carolina Wildlife Resources Commission
21117
215 Jerusalem Church Road
412 N. 4th St.
Kenly, NC 27542
Suite 300
Baton Rouge, LA
70802
Subject: Project Scoping for Stone Creek Stream Mitigation Project in Johnston County.
100 Calhoun St.
Suite 320
Charleston, SC
Dear Mr.Stancil,
29401
Thepurpose of this letter is to request, review, and comment on an possible issues that might
p� q y p g
5020 Montrose Blvd.
suite 650
emerge with respect to fish and wildlife associated with a potential stream restoration project on
Houston, TX
the attached site (USGS site maps with approximate property lines and areas of potential ground
77006
disturbance are enclosed). The Stone Creek Stream Mitigation Site has been identified by
1200 Camellia Blvd.
Resource Environmental Solutions, LLC (RES) to provide compensatory mitigation for
suite 220
unavoidable stream and wetland impacts through the Neu -Con Umbrella Mitigation Bank. The
Lafayette, LA
proposed project involves the restoration and enhancement of approximately 5,886 linear feet of
70508
stream. The site is currently in agricultural use and the stream channels have been straightened
1371/2 East Main St.
and channelized.
suite 210
Oak Hill, WV
We thank you in advance for your timely response and cooperation. You may return the
25901
comment to my attention at the address below. Please feel free to contact me at rmedric(abres.us
33 Terminal Way
with any questions that you may have concerning the extent of site disturbance associated with
Suite 431
this project.
Pittsburgh, PA
15219
Sincerely yours,
302 Jefferson St.
Suite 110
Raleigh, NC
27605
1521 W. Main
Ryan Medric
2n1 Floor
Ecologist
Richmond, VA
23220
302 Jefferson St., Suite 110
Raleigh, NC 27605
Tel. [phone]
Fax. [phone]

1231Q
�N _
cern
r. o
Am iocb ce
Reach 2
1 '
1 Drainage Area: Reach 1
1 !-
1 47 Ac. Drainage Area:
_ cem 122 Ac.
- I o _ 1143j Fcf��
I'S /; /.- `i - .�RfTI . - 165
Paul •
6M 1 O A4
_
is
I•
� — 175 • � -
Ttygt
BSA
Reach 3 to jvli
Drainage Area: ,a j !_-
- 634 Ac. p a -
reek :-
M 110
ter'— ~• Legend
I'
Proposed Easement
cem
.71
�\ lot- -- CopyrighR?0 aUonal eographic ociety,-cu ed.
s
Date: 8/30/2017
Figure 2 - USGS Topographic Map
wE Drawn by: ATP
0 1,000 2,000 Stone Creek Mitigation Site res
Checked by: DPI
Feet Johnston County, North Carolina
i

fires
March 29, 2017
100 Calhoun St.
Dear Mr. Benjamin,
� �
10055 Red Run Blvd.
Mr. Pete Benjamin
Suite 130
US Fish and Wildlife Service
Owings Mills, MD
provide compensatory mitigation for unavoidable stream and wetland impacts through the Neu-
p p �' g p g
21117
Raleigh Field Office
suite 650
Raleigh, NC 27636-3726
412 N. 4th St.
Site. The proposed project involves the restoration and enhancement of approximately 5,886
Suite 300
Subject: Project Scoping for Stone Creek Stream Mitigation Project in Johnston County.
Baton Rouge, LA
70802
Please provide comments on any possible issues that might emerge with respect to endangered 302 Jefferson St.
species, migratory birds, or other trust resources from the construction of a stream restoration Suite 110
Raleigh, NC
project on the subject property. Maps showing the location and approximate limits of the 27605
conservation easement are enclosed.
1521 W. Main
We thank you in advance for our timely response and cooperation. You may return the 2 Floor
Y Y Y p p Y Richmond, VA
comment to my attention at the address below. Please feel free to contact me at rmedric(cDres.us 23220
with any questions that you may have concerning the extent of site disturbance associated with
this project.
Sincerely,
Ryan Medric
Ecologist
302 Jefferson St., Suite 110
Raleigh, NC 27605
Tel. [phone]
Fax. [phone]
100 Calhoun St.
Dear Mr. Benjamin,
� �
Suite 320
Charleston, SC
29401
The Stone Creek Site has been identified by Resource Environmental Solutions, LLC (RES) to
provide compensatory mitigation for unavoidable stream and wetland impacts through the Neu-
p p �' g p g
Soto Montrose Blvd.
suite 650
Con Umbrella Mitigation Bank. EBX-Neuse I, LLC, a RES entity, is the bank sponsor for the
Houston, TX
Site. The proposed project involves the restoration and enhancement of approximately 5,886
77006
linear feet of stream. The site is currently in agricultural use and the stream channels have been
straightened and channelized.
1200 Camellia Blvd.
Suite 220
Lafayette, LA
The US Fish and Wildlife Service (USFWS) database (accessed 14 March 2017) lists four
70508
endangered species for Johnston County, North Carolina: Red -cockaded woodpecker (Picoides
1371/2 East Main St.
borealis), Dwarf wedgemussel (Alasmidonta heterodon), Tar River spinymussel (Elliptio
Suite 210
steinstansana), and Michaux's sumac (Rhus michauxii). No protected species or potential habitat
Oak Hill, WV
for protected species was observed during preliminary site evaluations. A review of The NHP
25901
database documented aquatic habitat for the Neuse River Waterdog historically mapped in 1979
33 Terminal Way
within a one -mile radius of the project area. Based on initial site investigations, no impacts to
Suite 431
federally protected species are anticipated as a result of the proposed project.
Pittsburgh, PA
15219
Please provide comments on any possible issues that might emerge with respect to endangered 302 Jefferson St.
species, migratory birds, or other trust resources from the construction of a stream restoration Suite 110
Raleigh, NC
project on the subject property. Maps showing the location and approximate limits of the 27605
conservation easement are enclosed.
1521 W. Main
We thank you in advance for our timely response and cooperation. You may return the 2 Floor
Y Y Y p p Y Richmond, VA
comment to my attention at the address below. Please feel free to contact me at rmedric(cDres.us 23220
with any questions that you may have concerning the extent of site disturbance associated with
this project.
Sincerely,
Ryan Medric
Ecologist
302 Jefferson St., Suite 110
Raleigh, NC 27605
Tel. [phone]
Fax. [phone]

eNT OF TyF United States Department of the Intcri®r
QP �2
o FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
A� Post Office Box 33726
CH 3 ,a Raleigh, North Carolina 27636-3726
November 17, 2016
Mr. John Thomas
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
NOV 18 2010
RALEIGH REGULATORY
FIELD OFFICE _
Subject: Action 1D # 2016-01990; Modification of the Neu -Con Umbrella Mitigation Banking Instrument
associated with the addition of the Stone Creek Mitigation Site
Dear Mr. Thomas:
The U.S. Fish and Wildlife Service (Service) has reviewed the information concerning the above
referenced project. The project, based on the description in your letter to our office, the provided
Instrument -Modification; and other°information is expected to have minima' Yadverse'impacts to
fish and wildlife resources:
The proposed Stone Creek Mitigation Site is approximateiy'l61-acies,'is adli c0' t to Mill Creels,
and occurs on Joyiier Bridge Road, in Four Oaks, in Johnston County; North Carolina. -The
project proposes to restore 3,413 linear feet (LF), enhance 760 LF, and preserve 1,714 LF of four
unnamed tributaries of Mill Creek, all of which will be included within the conservation
easement onsite.
We do not have any major concerns with the Stone Creek Mitigation Site plan as currently.
proposed, and think this project could greatly benefit the downstream water quality.
Downstream water quality in this watershed is greatly important to the Service. There have been
records of the Neuse River Waterdog {Necturis lewisi), a federal species of concern, downstream
in 2014. The Service encourages miligation efforts iti priority -watersheds, or with worts that
drains to priority watersheds such as this one, that will benefit federal and state listed species.
We will continue to be involved in this project through discussions with the IRT, and will
provide additional comments in the future if warranted.
The Service has reviewed available information on federally -threatened or endangered species
known to occur in Johnson County, specifically within the proposed mitigation worts area, and
downstream in the Stone Creek/Mill Creek tributaries and the larger Neuse River. Federally
listed species in Johnston County, North Carolina include: Red -cockaded woodpecker (Picoides
borealis), Tar River spinymussel (Elipfio' steinstansana), dwarf wedgemussel (Alasmidonta
heterodon); and Michaux's sumac (Rhus mieh' uxii), in addition to many other federal species of
concern. We have also reviewed information from the North Carolina Natural Heritage Program
(NCNHP) database which contains excellent data on the special status species, both federal and
state, which can be found here: https://ncnlide.nattireserve.or(,/. Our review indicates that no

federally listed species under Service jurisdiction are likely to occur in the project area due to
lack of appropriate habitat. Therefore, the Service would concur with a determination that the
action is not likely to adversely affect species designated as threatened, endangered, or their
designated critical habitat.
In accordance with the Endangered Species Act of 1973, as amended, (ESA) and based on the
information provided, and other available information, it appears the actions described in the
Mitigation Site plan for the Stone Creek Mitigation Site are not likely to adversely affect
federally listed species or their critical habitat as defined by the ESA. We believe that the
requirements of Section 7 (a)(2) of the ESA have been satisfied for this project. Please
remember that obligations under the ESA must be reconsidered if. (1) new information identifies
impacts of this action that may affect listed species or critical habitat in a manner not previously
considered; (2) this action is modified in a mamier that was not considered in this review; or, (3)
a new species is listed or critical habitat determined that may be affected by the identified action.
The Service appreciates the opportunity to comment on this Stone Creek Mitigation Site plan. If
you have questions regarding these comments, please contact Emily Wells at 919-856-4520, ext.
25 or by e-mail at < [e-mail] >.
Sincerely,
Peter enj in
Field Office Supervisor

fires
March 29, 2017
Ryan Medric
Ecologist
302 Jefferson St., Suite 110
Raleigh, NC 27605
Tel. [phone]
Fax. [phone]
10055 Red Run Blvd.
Renee Gledhill -Earley
Suite 130
North Carolina State Historic Preservation Office
Owings Mills, MD
21117
4617 Mail Service Center
Raleigh NC 27699-4617
412 N. 4th St.
Suite 300
Baton Rouge, LA
70802
Dear Ms. Gledhill -Earley,
100 Calhoun St.
The Stone Creek Site has been identified by Resource Environmental Solutions, LLC (RES) to
Suite 320
Charleston, SC
provide compensatory mitigation for unavoidable stream and wetland impacts through the Neu-
29401
Con Umbrella Mitigation Bank. EBX-Neuse I, LLC, a RES entity, is the bank sponsor for the
Site. The proposed project involves the restoration and enhancement of approximately 5,886
5020 Montrose Blvd.
Suite 650
linear feet of stream.
Houston, Tx
77006
RES requests review and comment on any possible issues that might emerge with respect to
archaeological or cultural resources associated with a potential stream and wetland mitigation
1200 Camellia Blvd.
Suite 220
project on the Polecat site (a USGS site map with approximate limits of conservation easement is
Lafayette, LA
attached).
70508
1371/2 East Main St.
A review of the N.C. State Historic Preservation Office (SHPO) HPOWEB GIS Service database
Suite 210
(blt 2:Hgis.ncdcr.goy/hpoweb/; accessed March 28, 2017) was performed as part of the site due
Oak Hill, WV
diligence evaluation. The results indicated that there are no historic sites located on or adjacent
25901
to the proposed project.
33 Terminal Way
Suite 431
Pittsburgh, PA
We ask that you review this site based on the attached information to determine the presence of
15219
any historic properties. We thank you in advance for your timely response and cooperation. You
may return the comment tom attention at the address belor via email. Please feel free to
�' y below,
302 Jefferson St.
Suite 110
contact me at rmedric(a,res.us with any questions that you may have concerning the extent of site
Raleigh, NC
disturbance associated with this project.
27605
1521 W. Main
2nd Floor
Richmond, VA
Sincerely,
23220
Ryan Medric
Ecologist
302 Jefferson St., Suite 110
Raleigh, NC 27605
Tel. [phone]
Fax. [phone]

0
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Pat McCrory
Secretary Susan Kluttz
November 28, 2016
John Thomas
Raleigh Regulatory Field Office
3331 Heritage Trade Street, Suite 105
Wake Forest, NC 27587
Office or Archives and History
Deputy Secretary Kevin Cherry
Re: Add Stone Creek Mitigation Site to the New -Con Umbrella Mitigation Bank, SAW 2016-01990,
Johnston County, ER 16-2088
Dear Mr. Thomas:
We have received a public notice concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at Y
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
[e-mail]. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
�"Y�Ramona M. Bartos
Location: 109 Fast Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fns: [phone]/807-6599

Appendix C. Conservation Easement and Plat
This appendix will be updated once the easement deeds and plats become available.

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this
day of , 201_ by and between
("Grantor") and ("Grantee").
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
WHEREAS, Grantor owns in fee simple certain real property situated, lying and
being in County, North Carolina, more particularly described in Exhibit A
attached hereto and incorporated herein (the "Property");
WHEREAS, Grantee is a charitable, not-for-profit or educational corporation,
association, or trust qualified under § 501 (c)(3) and § 170 (h) of the Internal Revenue
Code, and N.C. Gen. Stat. § 121-34 et seq., the purposes or powers of which include
one or more of the purposes (a) — (d) listed below;
(a) retaining or protecting natural, scenic, or open -space aspects of real

property;
(b) ensuring the availability of real property for recreational, educational,
or open -space use;
(c) protecting natural resources;
(d) maintaining or enhancing air or water quality.
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or
aesthetic value of the property in its natural state, which includes the following
natural communities: add or delete as appropriate: wetlands, streams, and riparian
buffers. The purpose of this Conservation Easement is to maintain streams, wetlands
and riparian resources and other natural values of approximately _acres, more or
less, and being more particularly described in Exhibit B attached hereto and
incorporated fully herein by reference (the "Conservation Easement Area"), and
prevent the use or development of the Conservation Easement Area for any purpose
or in any manner that would conflict with the maintenance of its natural condition.
WHEREAS, the restoration, enhancement and preservation of the Conservation
Easement Area is a condition of the approval of the Mitigation Banking Instrument
(MBI) and Mitigation Plan for the _
Army (DA) Action ID Number SAW -
the
Mitigation Bank in the
Mitigation Bank, Department of the
entitled "Agreement to Establish
River Basin within the State of
North Carolina", to be made and entered into by and between
acting as
the Bank Sponsor and the Wilmington District Corps of Engineers (Corps), in
consultation with the North Carolina Interagency Review Team (IRT). The
Mitigation Site has been approved by the Corps for use as a mitigation bank to
compensate for unavoidable stream and wetland impacts authorized by DA permits.
WHEREAS, the restoration, enhancement and preservation of the Conservation
Easement Area is also a condition of the approval of the Riparian Buffer
and Nutrient Offset Mitigation Banking Instrument (MBI) and Bank Parcel Development
Package (BPDP) for the Riparian Buffer and Nutrient Offset Mitigation
Bank, North Carolina Division of Water Resources (NCDWR) Project ID# ,
which was approved by the NCDWR, and will be made and entered into by and
between , acting as the Bank Sponsor, and the NCDWR. The
Riparian Buffer and Nutrient Offset Site is intended to be used to
compensate for riparian buffer and nutrient impacts to surface waters.
WHEREAS, Grantor and Grantee agree that third -party rights of enforcement
shall be held by the NCDWR and the Corps (to include any successor agencies) ("Third -
Parties"), and may be exercised through the appropriate enforcement agencies of the
United States and the State of North Carolina, and that these rights are in addition to,
and do not limit, the rights of enforcement under the NC DWR Project ID# _
and the Department of the Army instrument number SAW -
("Mitigation Banking Instrument"), or any permit or certification issued by the Third -
Parties.
NOW, THEREFORE, for and in consideration of the covenants and
representations contained herein and for other good and valuable consideration, the

receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby
unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors
and assigns, forever and in perpetuity a Conservation Easement of the nature and
character and to the extent hereinafter set forth, over the Conservation Easement Area
described on Exhibit B, together with the right to preserve and protect the conservation
values thereof, as follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is
an easement in gross, runs with the land and is enforceable by Grantee against Grantor,
Grantor's personal representatives, heirs, successors and assigns, lessees, agents and
licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Conservation Easement Area inconsistent with
the purpose of this Conservation Easement is prohibited. The Conservation
Easement Area shall be preserved in its natural condition and restricted from any
development that would impair or interfere with the conservation values of the
Conservation Easement Area.
Without limiting the generality of the foregoing, the following activities and
uses are expressly prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Conservation Easement Area or any
introduction of non-native plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising
display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other
temporary or permanent structure or facility on or above the Conservation
Easement Area.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any rights of passage for such purposes are
prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Conservation Easement Area are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming,
cutting or mowing of trees, shrubs, or other vegetation in the Conservation Easement
Area except as provided in the Mitigation Plan and Bank Parcel Development Plan.
Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or

volunteer trees and shrubs approved in the Mitigation Plan and BPDP is allowable once
a year for no more than five consecutive years from the date on page I of this
Conservation Easement, except where mowing will negatively impact vegetation or
disturb soils. Mowing activities shall only be performed by and shall not
violate any part of Item L of Article II.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the Conservation Easement Area; nor enlargement or modification to existing
roads, trails or walkways.
G. Signage. No signs shall be permitted on or over the Conservation Easement
Area, except the posting of no trespassing signs, signs identifying the conservation
values of the Conservation Easement Area, signs giving directions or proscribing rules
and regulations for the use of the Conservation Easement Area and/or signs identifying
the Grantor as owner of the Conservation Easement Area.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage,
waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or
other materials on the Conservation Easement Area is prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any
manner on the Conservation Easement Area, except to restore natural topography or
drainage patterns. For purposes of restoring and enhancing streams and wetlands
within the Conservation Easement Area, is allowed to perform grading,
filling, and excavation associated with stream and wetland restoration and
enhancement activities as described in the Mitigation Plan and authorized by
Department of the Army Nationwide Permit 27.
J. 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. In addition,
diverting or causing or permitting the diversion of surface or underground water into,
within or out of the easement area by any means, removal of wetlands, polluting or
discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is
prohibited.
K. Development Rights. No development rights that have been encumbered
or extinguished by this Conservation Easement shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited other than for
temporary or occasional access by the Enter Sponsor Name, the Grantee, its

employees and agents, successors, assigns, NCDWR, and the Corps for purposes of
constructing, maintaining and monitoring the restoration, enhancement and
preservation of streams, wetlands and riparian areas within the Conservation
Easement Area..
M. Other Prohibitions. Any other use of, or activity on, the Conservation
Easement Area which is or may become inconsistent with the purposes of this grant,
the preservation of the Conservation Easement Area substantially in its natural
condition, or the protection of its environmental systems, is prohibited.
ARTICLE III
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs,
successors or assigns, the right to continue the use of the Conservation Easement Area
for all purposes not inconsistent with this Conservation Easement, including, but not
limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights
of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement
Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement
Area, in whole or in part, provided such sale, transfer or gift conveyance is subject to
the terms of, and shall specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its
successors and assigns, including acting as the Bank Sponsor, the right to
construct and perform activities related to the restoration, enhancement, and
preservation of streams, wetlands and riparian areas within the Conservation
Easement Area in accordance with the approved Mitigation Plan, the
Bank Parcel Development Package, and the two Mitigation Banking
Instruments described in the Recitals of this Conservation Easement.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, the Corps
and NCDWR, shall have the right to enter the Property and Conservation Easement Area
at all reasonable times for the purpose of inspecting the Conservation Easement Area to
determine if the Grantor, or his personal representatives, heirs, successors, or assigns,
is complying with the terms, conditions, restrictions, and purposes of this Conservation
Easement. The Grantee, Enter Sponsor Name, and its authorized representatives,
successors and assigns, the Corps and NCDWR shall also have the right to enter and go
upon the Conservation Easement Area for purposes of making scientific or educational
observations and studies, and taking samples. The easement rights granted herein do
not include public access rights.
ARTICLE V
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee, the Corps, and

NCDWR are allowed to prevent any activity on or use of the Conservation Easement
Area that is inconsistent with the purposes of this Easement and to require the
restoration of such areas or features of the Conservation Easement Area that may be
damaged by such activity or use. Upon any breach of the terms of this Conservation
Easement by Grantor that comes to the attention of the Grantee, the Grantee shall
notify the Grantor in writing of such breach. The Grantor shall have 30 days after
receipt of such notice to correct the conditions constituting such breach. If the breach
remains uncured after 30 days, the Grantee may enforce this Conservation Easement
by appropriate legal proceedings including damages, injunctive and other relief.
Notwithstanding the foregoing, the Grantee reserves the immediate right, without
notice, to obtain a temporary restraining order, injunctive or other appropriate relief if
the breach of the terms of this Conservation Easement is or would irreversibly or
otherwise materially impair the benefits to be derived from this Conservation
Easement. The Grantor and Grantee acknowledge that under such circumstances
damage to the Grantee would be irreparable and remedies at law will be inadequate.
The rights and remedies of the Grantee provided hereunder shall be in addition to,
and not in lieu of, all other rights and remedies available to Grantee in connection
with this Conservation Easement. The costs of a breach, correction or restoration,
including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by
Grantor, provided Grantor is determined to be responsible for the breach. The Corps
and the NCDWR shall have the same rights and privileges as the said Grantee to
enforce the terms and conditions of this Conservation easement..
B. No failure on the part of the Grantee to enforce any covenant or provision
hereof shall discharge or invalidate such covenant or any other covenant, condition,
or provision hereof or affect the right to Grantee to enforce the same in the event of
a subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to
entitle Grantee to bring any action against Grantor for any injury or change in the
Conservation Easement Area resulting from causes beyond the Grantor's control,
including, without limitation, fire, flood, storm, war, acts of God or third parties, except
Grantor's lessees or invitees; 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 Conservation Easement Area resulting from such
causes.
ARTICLE VI
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the
Property in fee simple, and that Grantor either owns all interests in the Property which
may be impaired by the granting of this Conservation Easement or that there are no
outstanding mortgages, tax liens, encumbrances, or other interests in the Property
which have not been expressly subordinated to this Conservation Easement. Grantor
further warrants that Grantee shall have the use of and enjoy all the benefits derived
from and arising out of this Conservation Easement, and that Grantor will warrant and
defend title to the Property against the claims of all persons._

B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this
Conservation Easement in any deed or other legal instrument that transfers any
interest in all or a portion of the Conservation Easement Area. The Grantor agrees to
provide written notice of such transfer at least sixty (60) days prior to the date of the
transfer. The Grantor and Grantee agree that the terms of this Conservation Easement
shall survive any merger of the fee and easement interests in the Conservation
Easement Area or any portion thereof and shall not be amended, modified or
terminated without the prior written consent and approval of the Corps.
C. Assignment. The parties recognize and agree that the benefits of this
Conservation Easement are in gross and assignable provided, however that the
Grantee hereby covenants and agrees, that in the event it transfers or assigns this
Conservation Easement, the organization receiving the interest will be a qualified
holder pursuant to 33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34 et seq. and § 501 (c)(3)
and § 170 (h) of the Internal Revenue Code, and the Grantee further covenants and
agrees that the terms of the transfer or assignment will be such that the transferee or
assignee will be required to continue in perpetuity the conservation purposes
described in this document.
D. Entire Agreement and Severability. The combined Mitigation Banking
Instruments: MBI with corresponding Mitigation Plan, and MBI with corresponding
BPDP, and this Conservation Easement sets forth the entire agreement of the parties
with respect to the Conservation Easement and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Easement. If
any provision is found to be void or unenforceable by a court of competent jurisdiction,
the remainder shall continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes,
assessments, fees, or charges levied upon the Property. Grantor shall keep the
Property free of any liens or other encumbrances for obligations incurred by Grantor.
Grantee shall not be responsible for any costs or liability of any kind related to the
ownership, operation, insurance, upkeep, or maintenance of the Property, except as
expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to
comply with federal, state or local laws, regulations and permits that may apply to the
exercise of the Reserved Rights.
F. Long -Term Management. Grantor is responsible for all long-term
management activities associated with fencing. These activities include the
maintenance and/or replacement of fence structures to ensure the aquatic resource
functions within the boundaries of the Protected Property are sustained.
G. Extinguishment. In the event that changed conditions render impossible the
continued use of the Conservation Easement Area for the conservation purposes, this
Conservation Easement may only be extinguished, in whole or in part, by judicial
proceeding.

H. Eminent Domain. Whenever all or part of the Conservation Easement Area
is taken in the exercise of eminent domain so as to substantially abrogate the
Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in
appropriate actions at the time of such taking to recover the full value of the taking,
and all incidental and direct damages due to the taking.
I. Proceeds. This Conservation Easement constitutes a real property interest
immediately vested in Grantee. In the event that all or a portion of the Conservation
Easement Area is sold, exchanged, or involuntarily converted following an
extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair
market value of this Conservation Easement as determined at the time of the
extinguishment or condemnation.
J. Notification. Any notice, request for approval, or other communication
required under this Conservation Easement shall be sent by registered or certified mail,
postage prepaid, to the following addresses (or such address as may be hereafter
specified by notice pursuant to this paragraph):
To Grantor:
[Name, address and fax number]
To Grantee:
[Name, address and fax number]
To Sponsor:
To the Corps:
US Army Corps of Engineers
Wilmington District Regulatory Division
69 Darlington Avenue
Wilmington, NC 28403
To NCDEQ -DWR:
NCDEQ— Division of Water Resources
401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1601
K. Failure of Grantee. If at any time Grantee is unable or fails to enforce this
Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a
reasonable period of time after the occurrence of one of these events Grantee fails to
make an assignment pursuant to this Conservation Easement, then the Grantee's
interest shall become vested in another qualified grantee in accordance with an
appropriate proceeding in a court of competent jurisdiction.
L. Amendment. This Conservation Easement may be amended, but only in
a writing signed by all parties hereto, and provided such amendment does not
affect the qualification of this Conservation Easement or the status of the Grantee
under any applicable laws, and is consistent with the conservation purposes of this

grant.
M. Present Condition of the Conservation Easement Area. The wetlands, scenic,
resource, environmental, and other natural characteristics of the Conservation
Easement Area, and its current use and state of improvement, are described in Section
of the Mitigation Plan,_prepared by Grantor 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 Conservation Easement Area 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
Conservation Easement Area if there is a controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for
the aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
(Signatures of the Grantor and Grantee in appropriate form)

Appendix D. Existing Conditions Photos (February 8, 2018)

Appendix D. Existing Conditions Site Photographs
Looking downstream at UT 1 right bank
buffer restoration. 02/08/2018
Looking downstream at UT 1 left bank
buffer preservation. 02/08/2018
Looking downstream at buffer restoration
where UTI goes through tobacco field.
02/08/2018
Buffer preservation at site where UTI
will be diverted through before confluence with
UT3. 02/08/2018
Looking upstream at buffer restoration at the
top of UT4. 02/08/2018
Buffer enhancement on UT4.
02/08/2018

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Appendix E. Plan Sheet for Ponds

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