20160980 Ver 2_Meadow Spring BPDP for PN_20180309

Bank Parcel Development Plan
Meadow Spring Mitigation Site
(DWR #2016-0980v2)

Johnston County, North Carolina
Neuse River Basin
HUC 03020201

Prepared By:

Bank Sponsor: EBX-Neuse I, LLC,

302 Jefferson Street, Suite 110
Raleigh, NC 27605
919-829-9909

March 2018

Meadow Spring ii Parcel Development Package
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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 Vegetation Communities ........................................................................................... 8
2.4 Wetlands ................................................................................................................................. 8
2.5 Threatened and Endangered Species ....................................................................................... 9
2.6 Environmental and Cultural Constraints ............................................................................... 10
3 RIPARIAN RESTORATION & ENHANCEMENT PLAN ................................................... 10
3.1 Parcel Preparation ................................................................................................................. 10
3.2 Riparian Restoration and Enhancement Activities ............................................................... 11
3.3 Planting Plan ......................................................................................................................... 11
3.4 Easement Boundaries and Fencing ....................................................................................... 12
4 MONITORING AND MAINTENANCE PLAN ...................................................................... 12
4.1 Monitoring Protocol and Success Criteria ............................................................................ 12
4.2 Adaptive Management Plan and Parcel Maintenance ........................................................... 13
4.3 Long Term Management Plan ............................................................................................... 13
5 FINANCIAL ASSURANCE ...................................................................................................... 14
6 MITIGATION POTENTIAL .................................................................................................... 14
7 CREDIT RELEASE SCHEDULE FOR MEADOW SPRING ............................................... 16
8 REFERENCES ............................................................................................................................ 17

APPENDIX

Appendix A– Supporting Figures

Figure 1. Service Area Map
Figure 2. Project Vicinity Map
Figure 3. Existing Conditions
Figure 4. Conceptual Design Plan for Stream Mitigation and Wetland Restoration/Enhancement
Bank Site
Figure 5. Conceptual Design for Riparian Buffer and Nutrient Offset Credit Determination Map
Figure 6. USGS Topographic Map
Figure 7. Soils Map
Figure 8. National Wetlands Inventory Map
Figure 9. FEMA Map

Appendix B– Correspondence
Appendix C– Conservation Easement and Plat
Appendix D – Existing Conditions Photos (February 8, 2018)

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1 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 Meadow Spring 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 03020201 HUC, 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, 15A NCAC 02B .0240 and the RES Neuse Umbrella
Mitigation Banking Instrument for Riparian Buffer Mitigation and Nutrient Offset Credits (UMBI), 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 Meadow Spring Stream
Mitigation Site in the Neu-Con Stream and Wetland Umbrella Mitigation Bank (SAW# 2016-01989). The
mitigation plan for the Meadow Spring Stream & Wetland Mitigation Bank has been submitted and is in
review with the Interagency Review Team (IRT).

1.1 Parcel Location
The Meadow Spring Parcel is located in Johnston County approximately three miles north of Smithfield,
North Carolina (Figure 2). The Parcel is located within Neuse River Basin USGS 14-digit HUC
03020201100050, a Targeted Local Watershed, and DWR Subbasin Number 03-04-02.
To access the Site head East on NC 70 from the Town of Wilson Mills and turn right onto Wilson Mills
Road and head south for approximately 1.5 miles. The coordinates of the site are 35.5437°N and -
78.3303°W.

1.2 Parcel Overview
When combining the Meadow Spring Stream & Wetland Mitigation Bank with the Meadow Spring
Riparian Buffer Mitigation and Nutrient Offset Bank, the conservation easement will total approximately
60.93 acres and includes one unnamed tributary to the Neuse River. The Parcel is located in an area
dominated by agricultural fields, cattle pastures and wooded areas. The majority of the Parcel is actively
grazed pasture and disturbed riparian forest. Additional land use practices including the maintenance and
removal of riparian vegetation and the relocation, dredging and straightening of onsite streams has
resulted in degraded water quality and unstable channel characteristics. The Parcel also contains an
agricultural pond that has been in place for over 40 years.
The Meadow Spring Stream Mitigation Site is proposed to provide stream enhancement and restoration
on approximately 7,393 linear feet of streams and wetland restoration and enhancement on approximately
36.53 acres of wetlands, to generate 17.02 wetland mitigation units, within the conservation easement
through a separate mitigation banking instrument with the IRT. RES does not plan to convert any wetland
mitigation credits to buffer or nutrient credit. Figure 3 shows the existing stream channel and Figure 4
shows the proposed stream channel designs for the stream mitigation bank. Restoration and enhancement
of the Neuse riparian buffer (as defined in 15A NCAC 02B .0233) and other riparian areas onsite are
anticipated to result in immediate water quality benefits within the vicinity

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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 easement is separated by an existing
power easement and three agricultural crossing. The project is divided into an upper and lower portion by
the existing power easement. The upper portion of the project includes reaches S1, S2, S5, S6A and S6B.
The lower portion of the project includes reaches S7, S9, S11, S12 and S13. Stream identifications were
verified by the DWR site visit on August, 17 2016. Correspondence regarding this determination is in
Appendix B. The drainage area of the Parcel is approximately 0.59 mi². The BPDP will only generate
credit in the upper portion of the easement above the utility line (Figure 5).
The Meadow Spring Bank Parcel is being proposed to restore and enhance stream systems with their
adjacent riparian buffers and their functions and values to compensate, in appropriate circumstances,
for unavoidable 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 for Riparian Buffer Mitigation and Nutrient Offset Credits (UMBI). DWR
staff performed an onsite viability assessment for buffer mitigation and nutrient offset on October 18,
2016. Correspondence regarding this assessment is provided in Appendix B and dated November 4,
2016.
For purposes of the Meadow Spring Nutrient Offset & Buffer Bank, the Parcel involves restoring and
enhancing riparian buffers and other riparian areas adjacent to mitigated streams onsite. All the riparian
areas were assessed by DWR during an onsite visit to determine viability for buffer mitigation and
nutrient offset. During the site visit and noted in the letter dated September 1, 2016, all riparian areas
adjacent to streams associated with the upper portion of this proposed bank were confirmed to have been
in pasture for cattle grazing and are and are therefore proposed as "Enhancement" in Figure 5 and in
Table 4 for generating buffer mitigation credits under 15A NCAC 02B .0295 (o)(6) via cattle exclusion
(Appendix B). This upper portion includes S2, S5 and S6 and will have approximately 8.13 acres
protected with a permanent conservation easement. Of those 8.13 acres, 4.35 acres will be restored for
Neuse riparian buffer credit, 1.81 acres will be restored for nutrient offset credit, and 1.97 acres will be
enhanced by the removal of cattle from the streams and riparian areas for Neuse riparian buffer credit
only. The agricultural pond will be drained and incorporated into reach S6 to restore to the natural
condition.
In general, riparian restoration/enhancement area widths on streams will extend out to a maximum of
200 feet from the top of bank with a minimum width of 50 feet from top of banks. Riparian buffer
enhancement credits generated on this Bank Parcel are allowed pursuant to 15A NCAC 02B .0295 (o)(6)
but cannot be used to generate nutrient offset credits. Additionally, no riparian restoration areas that are
less than 50 feet wide from top of banks can be used to generate nutrient offset credit. Therefore, the
maximum acreage of riparian restoration on this site that can be converted into nutrient offset credits if
needed by RES, is 4.35 acres. Figure 5 shows the Credit Determination Map and Section 6.0 provides
details of the mitigation determination on the Bank Parcel.
Areas along reaches S7 and S9 within the project are being used to generate additional stream credit for
the United States Army Corps of Engineers (USACE). As shown on Figure 4, this area is solely being
used for the generation of stream mitigation credits, and will not be used for the generation of stream

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mitigation credits, and will not be used for the generation of any other credit type (i.e. The same square
foot of buffer cannot be used to generate wetland credit, nutrient offset credits or state buffer credits).

2 PROJECT AREA – EXISTING CONDITIONS

2.1 Physiography
The Parcel is in the Rolling Coastal Plain Physiographic Province. The site is located on the Neuse River
floodplain and has a gently rolling topography. Elevations range from 120 to 150 feet above mean sea
level (NAD 27) based upon USGS topographic mapping (Figure 6). One unnamed tributary on the
Meadow Spring Bank Parcel, as well as overland flow of storm water, drain into the Neuse River. The
Neuse River is classified by DWR as NSW. 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. Also,
as shown on the Existing Conditions map (Figure 3), the construction of a farm pond has altered surface
drainage and placed spoil across the floodplain.

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 within the Wehadkee-Bibb-Chewacla soil association.
The Wehadkee-Bibb-Chewacla soil association is located along major streams and creeks throughout
Johnston County. The largest mapped area of this soils association is along the Neuse River south of
Smithfield. The soils range from well to poorly drained. This soil association is located along major
streams and creeks throughout Johnston County. The largest mapped area of this soils association is along
the Neuse River south of Smithfield.
The Johnston County Soil Survey shows several mapping units across the project site. Map units include
eleven 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.

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Table 1. Parcel Mapped Soil Series
Map
Unit
Symbol

Map Unit Name Percent
Hydric
Drainage
Class
Hydrologic
Soil Group
Landscape
Setting
AaA Altavista fine sandy
loam, 0-2% slopes 9% Moderately
well C Stream terraces
AsA Augusta sandy loam,
0-2% slopes 7% Somewhat
poorly B/D Stream terraces
Bb Bibb sandy loam, 0-
2% slopes 90% Poorly A/D Floodplains

GoA

Goldsboro sandy
loam, 0-2% slopes

2%

Moderately
well

B
Flats on marine
terraces, broad
interstream divides on marine terraces

McB

Marlboro-Cecil
complex, 2-8% slopes

0%

Well

B
Broad interstream
divides on marine
terraces, ridges on marine terraces

NoA

Norfolk loamy sand,
0-2% slopes

5%

Well

A
Flats on marine
terraces, broad
interstream divides on marine terraces

NoB

Norfolk loamy sand,
2-6% slopes

5%

Well

A
Flats on marine
terraces, broad
interstream divides on marine terraces

Ra

Rains sandy loam, 0-
2% slopes

90%

Poorly

B
Carolina bays on
marine terraces,
broad interstream
divides on marine
terraces, flats on
marine terraces

Ro

Roanoke loam, 0-2%
slopes

100%

Poorly

C/D
Depressions on
stream terraces,
backswamps on stream terraces

WaB

Wagram loamy sand,
0-6% slopes

5%

Well

A
Broad interstream
divides on marine
terraces, ridges on marine terraces

Altavista fine sandy loam. This is a very deep, moderately to well-drained soil that occurs on stream
terraces of the Coastal Plain. They formed in old loamy alluvium derived from igneous and metamorphic
rock, and generally occur on slopes between 0-3%. Runoff is negligible and permeability is moderate.
Major uses are cropland. Altavista fine sandy loam occurs along the southeast boundary of the proposed
easement throughout most the wetland area.

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Augusta sandy loam. This is a very deep, somewhat poorly drained soil that occurs on stream terraces
of the Southern Piedmont and Upper Coastal Plain. They formed in loamy alluvial sediments, and
generally occur on slopes between 0-2%. Runoff is negligible and permeability is moderate. Major us is
cropland. Augusta sandy loam occurs along the northwest end of the of the planned wetland and near the
southern reach of the stream.
Bibb sandy loam. This is a very deep, poorly drained soil found on flood plains of the Coastal Plain.
Slopes are generally less than 2%. Soils formed in stratified sandy alluvium and have very slow runoff
with moderate permeability. The water table is generally within 8 inches of the surface for six to eleven
months of the year. Bibb sandy loams occurs along the northernmost reach of the easement; it can also
be found in small patches around the project Site.
Goldsboro sandy loam. This is a very deep, moderate well-drained soil that occurs on marine terraces
and uplands of the lower to upper Coastal Plain. They formed in marine and fluviomarine deposits, and
generally occur on slopes between 0-10%. Runoff is negligible to medium and permeability is moderate.
Major uses are cropland. Goldsboro sandy loam occurs along the middle of the easement and is scattered
along the project vicinity.
Marlboro- Cecil complex. Marlboro consists of very deep, well-drained soil that occurs on the smooth
uplands of the Coastal Plain. They formed in clayey Coastal Plain sediments, and generally occur in
slopes 0-15%. Runoff is medium and permeability is moderate. Major uses are cropland. Cecil consists
of very deep, well-drained soil that occurs on ridges and side slopes of the Piedmont uplands. They
formed in residuum weathered from felsic, igneous and high-grade metamorphic rocks of the Piedmont
uplands, and generally occur on slopes between 0-25%. Runoff is medium to rapid and permeability is
moderate. Major uses are cultivation, pasture, and forest. Marlboro-Cecil complex is found outside of
the easement area in the surrounding cultivated plots.
Norfolk loamy sand. This is a very deep, well-drained soil that occurs on interfluves and side slopes of
the Coastal Plain. They formed in marine or fluviomarine deposits, and generally occur on slopes
between 0-10%. Runoff is negligible to medium and permeability is moderate. Major uses are cropland.
Norfolk loamy sand is found along the floodplains of the northwestern stream reaches.
Rains sandy loam. This is a very deep, poorly drained soil that occurs on crests of the Coastal Plain.
They formed in loamy and sandy marine deposits, and generally occur on slopes between 0-2%. Runoff
is low and permeability is moderate. Major uses are forest and cropland. Rains sandy loam occurs along
the area just north of the easement and along the stream reaches extending out from the site easement.
Roanoke loam. This is a very deep, poorly drained soil that occurs on terraces and drainageways of the
piedmont and the upper and middle Coastal Plain. They formed in clayey fluvial sediments, and
generally occur on slopes between 0-2%. Runoff and permeability are slow to very slow. Major uses are
woodland. Roanoke loam occurs along the left floodplain of the southernmost reach of the conservation
easement.
Wagram loamy sand. This is a very deep, somewhat excessively drained soil that occurs on the
interfluves and side slopes of the upper and middle Coastal Plain. They formed in marine and
fluviomarine deposits, and generally occur on slopes between 0-15%. Runoff is negligible to medium

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and permeability is moderate. Major uses are cropland. Wagram loamy sand occurs along the right
stream bank and floodplain of the northernmost reach in the easement.

2.3 Existing Vegetation Communities
Current land use in the vicinity of the project is primarily actively grazed pasture and forest (Appendix
D). There are low-density residential lots, maintained vegetation, and two lane roads also present in the
area surrounding the project. The site viability letter 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 area 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, blackgum
(Nyssa biflora), red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), and various oaks
(Quercus spp.). Sub-canopy species include sweet bay magnolia (Magnolia virginiana) and the main
herbaceous species are giant cane (Arundinaria gigantea), Japanese stiltgrass (Microstegium vivenium),
dogfennel (Eupatorium capillifolium) and in the wetter areas, soft rush (Juncus effusus), awlfruit sedge
(Carex stipata), and netted chainfern (Woodwardia areolata).
Riparian Area

The project consists of one unnamed tributary that runs through the project and drains directly to the
Neuse River. In general, all or portions of the project reaches do not function to their full potential.
Current conditions demonstrate significant habitat degradation as a result of impacts from agriculture,
historic land uses, and water diversion. Having been channelized in the past, some of the streams do not
access their floodplains as frequently as they naturally would have prior to agricultural operations. A farm
pond has also altered surface drainage and placed spoil across the floodplain. The pond will be removed
and restore the floodplain to its natural state. In most cases, the riparian buffer is in poor condition where
much of the riparian buffer is devoid of trees or shrubs and active pasture is directly adjacent to both
banks of the existing channel. Reach S6 has a dense privet providing full canopy that is expected to be
treated and removed as part of stream restoration work. Habitat along majority of the reaches with
proposed restoration is poor in that there is little woody debris or overhanging vegetation for fish cover or
protection for other aquatic species.

2.4 Wetlands
The United States Fish and Wildlife Service (USFWS) National Wetland Inventory Map (NWI) depicts
three wetland areas within the site (Figure 8). There is a pond mapped as PUBHh (Palustrine
Unconsolidated Bottom Permanently Flooded Diked/Impound) on the west end of the project. There are
two large wetland areas mapped on the east end of the project as PSS1C (Palustrine Scrub-Shrub Broad-
Leaved Deciduous Seasonally Flooded) and PFO1C (Palustrine Forested Broad-Leaved Deciduous
Seasonally Flooded).
A wetland delineation was performed in November 2016. Wetland boundaries were delineated using
current methodology outlined in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual
(DOA 1987) 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). A

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jurisdictional determination request was sent to the USACE on January 2, 2017. The jurisdictional
wetland boundaries are depicted on Figure 3. As stated above and shown in Figure 4, wetland restoration
and enhancement is being proposed on approximately 36.53 acres of wetlands, to generate
17.02 wetland mitigation units, through a separate mitigation banking instrument with the IRT. However,
RES does not plan to convert any wetland mitigation credits to buffer or nutrient credit

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 USFWS
database (accessed 11 May 2016) lists four endangered species for Johnston County, North Carolina:
Red-cockaded woodpecker (Picoides borealis), Tar River spinymussel (Elliptio steinstansana), Dwarf
wedgemussel (Alasmidonta heterodon) and Michaux’s sumac (Rhus michauxii). 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 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 are six known occurrences within a one-mile
radius of the project area. The NHP database shows an occurrence of Kidney Sedge (Carex reniformis)
historically mapped in 1949. Also within the Neuse River the database has documented occurrences of the
Triangle floater (Alasmidonta undulata), Eastern lampmussel (Lampsilis radiate), and Roanoke slabshell
(Elliptio roanokensis) which were mapped in 2005 and 2010. The fifth occurrence is the Two-spotted
Skipper which is a species of butterfly. The occurrence was mapped on the other side of the Neuse River
in 2000. The last occurrence is the Oak Toad which was last observed in 1969. 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. A letter from the USFWS dated November 3, 2016 indicated that minimal
adverse impacts to fish and wildlife resources are expected as part of the project and that the proposed
project could greatly benefit the downstream water quality. USFWS encouraged the catching and
removing of non-native fish that currently reside in the pond onsite that is proposed for removal, prior to
breaching the dam and connecting this feature with the tributary system to reduce impacts to native
aquatic species downstream. Documentation is included in Appendix B.

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 leucocephalus BGPA Yes Current
Invertebrate:
Tar River spinymussel Eliptio steinstansana E No Current
Dwarf wedgemussel Alasmidonta heterodon) E No Current

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Common Name Scientific name Federal
Status
Habitat
Present
Record
Status 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 the North Carolina State Historic
Preservation Office (SHPO) GIS Web Service database did not reveal any listed or potentially eligible
historic or archeological resources in the proposed project area. No architectural structures or
archeological artifacts have been observed or noted during surveys of the site for restoration purposes. In
a letter dated November 28, 2016, in response to the Public Notice for this project, the SHPO stated that
they were, “aware of no historic resources which would be affected by the project”. Correspondence is
provided in Appendix B.

2.7 Federal Emergency Management Agency (FEMA) Floodplain/Floodway Mapping
Reaches S7, S9, S11 and S12 are located within the FEMA 100-year floodplain (Zone AE) but outside of
the floodway of the Neuse River (Figure 9). The adjacent land use will not be affected by the proposed
design, and no detrimental impacts are expected beyond the easement limits. RES will verify final FEMA
coordination in the permitting phase of the project.

3 RIPARIAN RESTORATION & ENHANCEMENT PLAN
Riparian restoration and enhancement adjacent to streams are shown in Figures 4 and 5, and were
approved by the DWR in their letter dated November 4, 2016 and is attached in Appendix B. All
restoration and enhancement activities will begin from the tops of the stream banks and extend outward a
maximum of 200’ perpendicular to the stream channel. 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 protected buffer easement will be planted
with appropriate native species observed in the surrounding forest and species known to occur in similar
environments. All riparian restoration and enhancement activities will commence in concurrence with the
stream mitigation activities and not before. Therefore, the mitigation area where riparian restoration is
being performed may be altered slightly depending on the approval of the Stream Mitigation Plan for the
stream mitigation bank.
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 various stabilization

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efforts to minimize the chances of non-diffuse flow. 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 any land disturbance activities. 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 shall 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 shall be planted according to detail shown in
the planting plan.

3.2 Riparian Restoration and Enhancement Activities
The current land uses adjacent to the streams purposed for buffer restoration and enhancement are
primarily composed of forested and non-forested pasture which are actively grazed by livestock, but also
includes, row-crops, maintained lawns, and hardwood forests.
Restoration activities based on the design approach will include meandering the proposed channel within
the natural valley, backfilling the existing stream, reconnecting the channel to its floodplain, removing the
existing dam embankment (the pond) and restoring hydrology to historically drained wetlands. Diffused
flow will be maintained throughout the mitigated riparian areas. The riparian restoration areas will be
surveyed and information will be provided in the As-Built report.
Enhancement will also occur in areas of grazing adjacent to the stream in accordance with the
Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 (o)(6). RES will install cattle exclusion
fencing in all riparian areas where enhancement credit under this part of the rule is being requested to
exclude access to riparian areas and their associated streams. All fencing will be installed to NRCS
specifications.
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 eight by eight foot spacing to achieve an initial density of 680 trees per acre.
Bank planting and stabilization will also incorporate the use of a riparian seed mix and temporary ground
cover to prevent erosion after construction. The buffered channels will provide water quality and habitat
functions within the sensitive Neuse River watershed, such as nutrient and sediment removal, filtration of
runoff, and improved aquatic and terrestrial habitat. 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).

3.3 Planting Plan
Revegetation of the site where riparian restoration is being performed will meet the performance
standards outlined in the Rule 15A NCAC 02B .0295. This includes treating 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 of monitoring. No one tree species will be greater than 50% of the established
stems. Coastal Plain Small Stream Swamp will be the target community type and will be used for all areas

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within the project. The community is defined by Schafale and Weakely (1990). 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 Meadow Spring Site are shown in Table 3.
Table 3. Meadow Spring Site Tree Planting List
Common Name Scientific Name Indicator Growth
Rate
Bald cypress Taxodium distichum OBL rapid
Black gum Nyssa biflora OBL moderate
Oak, Overcup Quercus lyrata OBL moderate
American sycamore Platanus occidentalis FACW rapid
Oak, Swamp chestnut Quercus michauxii FACW moderate
Oak, Willow Quercus phellos FACW rapid
River birch Betula nigra FACW rapid
Pawpaw Asimina tribola FAC moderate
3.4 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.

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. As part of the
stream mitigation plan, nineteen monitoring plots will be installed a minimum of 100 m2 in size, and will
cover at least two percent of the planted mitigation area for the Stream Mitigation Bank, seven of these
plots will be randomly placed throughout the planted riparian buffer and nutrient offset mitigation area
and will be representative of the riparian buffer restoration areas. And eleven of these plots will be placed
within areas where RES is seeking wetland restoration. There will be plots within the riparian buffer that
are measuring success of both the riparian area and the wetland areas. Those measuring success of just the
buffer areas where buffer credit is being sought, will be provided in the Monitoring reports. 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 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% of the established stems, established at a density of at least 260 planted

Meadow Spring 13 Parcel Development Package
Buffer/Nutrient Offset Site March 2018
trees per acre at the end of Year 5. Appropriate native volunteer species may be included to meet the
performance standards as determined by DWR. 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 Meadow
Spring Stream Mitigation Plan.

4.2 Adaptive Management Plan and Parcel Maintenance
Adaptive measures will be developed or appropriate remedial actions taken if 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 in this BPDP, 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 control 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 required to uphold the Meadow Spring 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 for Riparian Buffer and

Meadow Spring 14 Parcel Development Package
Buffer/Nutrient Offset Site March 2018
Nutrient Offset Credits made and entered into by EBX-Neuse I, 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%) 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% 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% 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 Meadow Spring Mitigation Bank presents 60.93 acres of permanent conservation easement in
Johnston County, North Carolina. While this easement also encompasses areas for the Meadow Spring
Stream and Wetland Mitigation Bank, the purpose of the Meadow Spring 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 are provided in Appendix C.
The widths of the buffer/nutrient offset credit generation areas will begin at the most landward limit of the
top of bank or the rooted herbaceous vegetation and extend landward to a maximum distance of 200 feet.
Wetland mitigation is also being generated throughout the Site. There will be no overlap of credit
generation between wetland and riparian crediting areas.
This Bank has the potential to generate approximately 4.35 acres (189,486 ft2) of riparian buffer
restoration credits on existing non-forested pasture, 0.68 acres (29,627 ft2) of buffer enhancement credits
via cattle exclusion, and 1.81 acres (4,114 lbs) of nitrogen nutrient offset credits. The riparian buffer
mitigation credits generated will service Neuse buffer impacts within the USGS 8-digit HUC 03020201 of
the Neuse River Basin. The Nitrogen nutrient offsets generated will service nutrient load reduction
requirements where payments are authorized in 15A NCAC 02B .0240 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 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 mitigation credits that the Meadow Spring Bank will generate are
summarized in Table 4; Figure 5.

Meadow Spring 15 Parcel Development Package
Buffer/Nutrient Offset Site March 2018

Table 4. Meadow Spring Bank Parcel Credit Summary

Riparian
Zone Credit Type Mitigation Type Existing
Acreage
Credit Per
Acre (ft2)Ratio % Full
Credit Mitigation Assets
Riparian
Buffer Restoration 1.84 43,560 1:1 100%80,150 ft² (1.84 ac)
Riparian
Buffer
Enhancement via Cattle
Exclusion 0.74 43,560 2:1 100%16,117 ft² (0.37 ac)
Riparian
Buffer Restoration 2.51 43,560 1:1 100%109,336 ft² (2.51 ac)
Riparian
Buffer
Enhancement via Cattle
Exclusion 0.32 43,560 2:1 100%6,970 ft² (0.16 ac)
Riparian
Buffer
Enhancement via Cattle
Exclusion 0.91 43,560 2:1 33%6,541 ft² (0.15 ac)
4.35
Zone Credit Type Mitigation Type Acreage Credit Per
Acre (lbs)Ratio
101-200'Nitrogen Restoration 1.81 2,273.02 N/A
1.81
Nutrient Offset Credit
Mitigation Assets (lbs)
4,114lbs (1.81ac)
4,114lbs (1.81ac)TOTAL
Total Enhancements 1.97 29,627 ft² (0.68 ac)
includes ratios & reductions
Total Restoration 189,486 ft² (4.35 ac)
101-200'
Riparian Buffer Credit
51-100'
0-50'

Meadow Spring 16 Parcel Development Package
Buffer/Nutrient Offset Site March 2018

The Sponsor may use the 4.35 acres (189,486 ft2) of riparian restoration generated on the non-forested
pasture for either Neuse riparian buffer credits or Nitrogen nutrient offset credits, but not both. 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 CREDIT RELEASE SCHEDULE FOR MEADOW SPRING

Table 3.0 - Credit Release Schedule for Riparian Buffer and Nutrient Offset Credits

Task

Project Milestone
% Credit
Available for Sale

1
Instrument and BPDP Approved by DWR, Conservation Easement
Recorded and Financial Assurance Posted

20

2
Mitigation Site Earthwork, Planting and Installation of Monitoring
Devices Completed

20
3 Monitoring Financial Assurance Posted and Approval of As-Built Report 10
4 Monitoring Report #1: Approved by the DWR** 10
5 Monitoring Report #2: Approved by the DWR** 10
6 Monitoring Report #3: Approved by the DWR** 10

7
Item B (1) of Section X in this Instrument has been completed and
approved by DWR.

5
No remaining credits will be released until the conservation easement has
been assigned to an approved land trust or stewardship
8 Monitoring Report #4: Approved by the DWR** 5

9
Monitoring Report #5: Approved by the DWR** and final site visit by
DWR has been conducted

10
Total 100%
** DWR Approval provided upon a determination that the site is meeting success criteria contained within
this BPDP

Meadow Spring 17 Parcel Development Package
Buffer/Nutrient Offset Site February 2018
8 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-lev1-2.pdf).
North Carolina Department of Environment and Natural Resources (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. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina,
Third 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,
W. Lichvar, and C. V. Noble. ERDC/EL TR-10-20. Vicksburg, MS: U.S. Army Engineer Research
and Development Center.

APPENDIX

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 Stream Mitigation and Wetland
Restoration/Enhancement Bank Site
Figure 5. Conceptual Design for Riparian Buffer and Nutrient Offset Credit
Determination Map in BPDP Crediting Area
Figure 6. USGS Topographic Map
Figure 7. Soils Map
Figure 8. National Wetlands Inventory Map
Figure 8. FEMA Map
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r
49 +
115'
I'
Fof
Sap
SIM 576 If
96 /
Butner
nfoor 56
Mebane L ni I n I
Hillsborough
Meadow Spring Mitigation Site
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04 �ittsboro p
Wilson
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anford
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82
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401
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sdts a 4:1
I Olive
Spring 1-4-
Fon I Fort Bragg 0
10,li
Fiesery:�ln �.
Fayetteville
Legend
Wars aw
Buffer Service Area - HUC 03020201 excluding Falls Lake Watershed
Nutrient Service Area - HUC 03020201 excluding Falls Lake Watershed Lorm,e, USGS, Intermap, INCREMENT P, NRCan, Es i�-:
(Hong Kong), Esri Korea, Esri (ThailaV), Mapmylndia,
pen ree ap Contributors, and the GIS User Comm nity
N
Figure 1 - Service Area Map
W E
3 Meadow Spring Mitigation Site
res
6
0 5 10
Johnston County, North Carolina
j Miles

Sources: Esri, HERE, DeLorme, USGS, Intermap, INCREMENT P, NRCan, EsriJapan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), MapmyIndia,NGCC, © OpenStreetMap contributors, and the GIS User Community
0 21 Miles
©Document Path: C:\Users\aprickett\Dropbox (RES)\@RES GIS\Projects\NC\Meadow Spring (bank site)\MXD\BPDP\Figure 2 - Vicinity - MS.mxdLegend
Proposed Easement
TLW - 03020201100050
Meadow Spring
Mitigation Site Latitude: 35.5437° N Longitude: -78.3303° W
Figure 2 - Vicinity Map
Meadow Spring Mitigation Site
Johnston County, North Carolina
S7
S6BS6A
S
1
1
S
2
S9S1
S5S13S8
S 1 2
NC Center for Geographic Information & Analysis
0 700350
Feet
Legend
Streams
Ephemeral Drainage
Ditches
Existing Wetlands
Existing Pond
Proposed Easement - 60.93 Ac.
©Document Path: C:\Users\eteitsworth\Dropbox (RES)\@RES GIS\Projects\NC\Meadow Spring (bank site)\MXD\BPDP\Figure 3 - Existing - MS_EDITED.mxdPowerlineEasement
Figure 3 - Existing Conditions Map
Meadow Spring Mitigation Site
Johnston County, North Carolina
WG
WHWI
WBWF-A
WF-B
WE
WD
S6A
S7S
1
1S9S
2
S
1
S13S5S12
S6B
S7NCCGIA
©
0 400200
Feet
Figure 4 - 404 Mitigation Conceptual
Johnston County, North Carolina
REFERENCE
1.) Topographic imagery from U.S.G.S.
2.) Horizontal Datum is NAD83 UTM Z15N.
3.) The parcel data information/property boundaries depicted on this map is for prospect assessment purposes only. It is not to be used as final boundaries.
Date: 2/6/2018 Drawn by: EWT
Document Path: C:\Users\eteitsworth\Dropbox (RES)\@RES GIS\Projects\NC\Meadow Spring (bank site)\MXD\BPDP\Figure 4 - 404 Concept - MS -11x17_EDITED.mxdLegend
Proposed Easement
Ditches (to be plugged)
Top of Bank100'
200'Stream MitigationRestoration
Enhancement I
Enhancement IIEnhancement III
PreservationWetland MitigationRe-establishment, 1:1
Re-establishment, 2:1
Rehabilitation, 1.5:1Enhancement, 3:1
Preservation, No Credit
TZ
Qr
BPDP Crediting Area
0
w�E
150 300
Feet
i�
h
r
Legen�
Fy
Proposed Easement
h
r
Legen�
Proposed Easement
Riparian Buffer Credit
I d
Riparian
Existing Credit Per
% Full
-
Zone
Credit Type
Mitigation Type Acreage Acre ftp
Ratio
Credit Mitigation Assets
Top of Bank
Riparian
Restoration 1.84 43,560
1:1
100% 80,150 ft (1.84 ac)
— 50
-
0 50'
Buffer
Riparian
Enhancement via Cattle
100
Buffer
Riparian
Buffer
Exclusion 0.74 43,560
Restoration 2.51 43,560
2:1
1:1
100% 16,117 fr2 (0.37 ac)
100% 109,336 ft2 (2.51 ac)
200
Proposed Wetland Mitigation
51-100'
Riparian
Enhancement via Cattle 0.32 43,560
2:1
100% 6,970fr2(0.16ac)
Buffer Crediting
Buffer
Riparian
Exclusion
Enhancement via Cattle
Buffer Restoration (0-50')
101-200'
0.91 43,560
Buffer Exclusion
Total Restoration 4.35
2:1 33% 6,541 ft2 (0.15 ac)
189,486 ft'
29,627 ft' (0.68 ac)
Buffer Restoration (51-100')
Buffer Enhancement (0-50')
Zone
Total Enhancements
Credit Type
1.97
Nutrient Offset Credit
Mitigation Type Acreage Credit Per
includes ratios &reductions
Ratio Mitigation Assets (lbs)
Buffer Enhancement (51-100')
Buffer Enhancement (101-200')
Acre lbs
101-200'
Nitro en
I Restoration 1.81 2,273.02
N/A
4,114lbs (1.81ac)
Nutrient Offset (101-200')
TOTAL 1.81
4,114lbs (1.81ac)
Figure 5 - Buffer Conceptual Design
Meadow
Spring Mitigation Site
res
0
Johnston County, North Carolina
h
r

Copyright:© 2013 National Geographic Society, i-cubed
0 2,0001,000
Feet
Legend
Proposed Easement - 60.93 Ac.
Target Parcels
©Document Path: C:\Users\aprickett\Dropbox (RES)\@RES GIS\Projects\NC\Meadow Spring (bank site)\MXD\BPDP\Figure 6 - USGS - MS.mxdFigure 6 - USGS Map
Meadow Spring Mitigation Site
Johnston County, North Carolina
NoA
Ch
NoB
NoB
AsA
NoA
Bb
AsA
NnD
NoB
McB
NoA
AaA
Ro
NoB
AuA
To
NoB
NnE
Ra NnD
Ra
Ra
NoB
NoA
WaB
NoA
NoA
WaB
GoA
NoA
Ra
CoB
Ra
GoA
GoA
NnD
CeB
Bb
GeB
Ra
W
GoA
Ch
NoA
BnA
W
W
W
Ch
W
VrA
GoA
Ch
NC Center for Geographic Information & Analysis
0 700350
Feet
Le ge nd
Proposed Easement - 60.93 Ac.
Non-hydric Soil
Soil with Hydric Inclusions
Hydric Soil
Water
©Document Path: C:\Users\aprickett\Dropbox (RES)\@RES GIS\Projects\NC\Meadow Spring (bank site)\MXD\BPDP\Figure 7 - Soils - MS.mxdFigure 7 - Soils Map
Meadow Spring Mitigation Site
Johnston County, North Carolina
PSS1C
PFO1C
PSS1C
PFO1F
PFO1C
PFO1C
PFO1C
PSS1FPUBHh
R2UBH
PFO1A
PFO1C
R2UBH
PFO1C
PUBHh
PFO1F
PFO1A
PSS1C
PUBHx
PUBHh
PFO1A
PFO1C
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community
0 700350
Feet
Legend
Proposed Easement - 60.93 Ac.
Existing Streams
NWI Wetlands
©Document Path: C:\Users\aprickett\Dropbox (RES)\@RES GIS\Projects\NC\Meadow Spring (bank site)\MXD\BPDP\Figure 8 - NWI - MS.mxdFigure 8 - National W etlands Inventory Map
Meadow Spring Mitigation Site
Johnston County, North Carolina
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community
0 700350
Feet
Legend
Proposed Easement - 60.93 Ac.
FEMA Zone AE, Floodway
FEMA Zone AE, 100 Yr. Floodplain
©Document Path: C:\Users\aprickett\Dropbox (RES)\@RES GIS\Projects\NC\Meadow Spring (bank site)\MXD\BPDP\Figure 9 - FEMA - MS.mxdFigure 9 - FEMA Map
Meadow Spring Mitigation Site
Johnston County, North Carolina

Appendix B. Correspondence

Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
November 4, 2016
Daniel Ingram
Resource Environmental Solutions, LLC
302 Jefferson St., Suite 110
Raleigh, NC 27605
(via electronic mail)
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Meadow Springs Site
2080 Wilson Mills Rd, Smithfield, NC
Johnston County
Dear Mr. Ingram,
On August 2, 2016, 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 8 -digit Hydrologic Unit Code 03020201 of the Neuse River Basin to determine the potential for
riparian buffer mitigation and nutrient offset. On October 18, 2016, Ms. Merritt performed a site
assessment of the subject site, which is more accurately shown in the attached aerial initialed by Ms.
Merritt on November 2, 2016.
Ms. Merritt's evaluation of the features onsite and their associated mitigation determination is
provided in the table below and was assessed with the expectation of the site being constructed as a
stream and/or wetland mitigation site by RES. This determination is only provided for RES and may
need to be re-evaluated if the site does not get constructed as anticipated or involves another
mitigation provider. The evaluation was made from Top of Bank (TOB) out to 200' 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
1Subiect
Riparian Land uses
Buffer
3Nutrient
Mitigation Type Determination
to Buffer
0-200'
Credit
Offset Viable
Rule
at 2,273
Viable
lbs acre
S2 (at the
Stream
Yes
Actively grazed
Yes
Yes
Restoration site per 15A NCAC 02B
DWR flag)
pasture w/ a few trees
.0295 (o)(3)
S3
Wetland
No
N/A
No
No
N/A
S4
Ephemeral
No
Actively grazed
Yes
Yes (non-
Non -Forested Riparian areas =
pasture and a pond
forested
Restoration site per 15A NCAC 02B
(pond is expected to
areas only)
.0295 (o)(7); must stabilize banks to
be drained as part of
maintain discernible banks; must
stream restoration
confirm that the riparian areas are
project)
within the contributing drainage area
to the feature;
Forested Areas - Enhancement Site
per 15A NCAC 02B.0295 (o)(7)
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Meadow Springs Mitigation Site (RES)
November 4, 2016
Feature
Classification
1Subiect
Riparian Land uses
Buffer
3Nutrient
Mitigation Type Determination
to Buffer
0-200'
Credit
Offset Viable
Rule
at 2.273
Viable
Ibs acre
S5
Stream
Yes
Actively grazed
Yes
Yes
Restoration site per 15A NCAC 02B
pasture
.0295 (n)
S6
Stream
Yes
Actively grazed w/
Yes
Yes
Privet is expected to be treated and
dense private
mostly removed as part of stream
providing full canopy
restoration work:
in most areas
Restoration site per 15A NCAC 02B
.0295 (n) were privet is removed and
replanted w/ native trees/shrubs;
S7 (from
Stream
Yes
Mature natural forest
Yes
No
Forested Areas= Preservationz Site
pipeline
w/ a narrow non-
per 15A NCAC 02B.0295 (o)(5)
easement to
forested corridor
S12)
downstream (labeled
Non -forested areas = Restoration site
S11 on map)
per 15A NCAC 02B.0295 (n)
S8
Ephemeral
No
Mature natural forest
Yes
No
Forested Areas - Preservation Site per
15A NCAC 02B .0295 (o)(7)
S10
Wetland
No
N/A
No
No
N/A
S12
Stream
No
Mature natural forest
Yes
No
Forested Areas= Preservationz Site
w/ non -forested
per 15A NCAC 02B .0295 (o)(4)
grassed road crossing
Non -forested areas = Restoration site
per 15A NCAC 02B .0295 (o)(3)
S13
Stream
No
Within pipeline
No
No
N/A
conservation
easement
'Subjectivity calls were determined by DWR in correspondence dated September 1, 2016 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
215A NCAC 02B .0295 (o)(5) - The area ofpreservation credit within a buffer mitigation site shall comprise of no more
than 25% of the total area of buffer mitigation. Therefore, where Preservation Sites were identified, this rule must be
applied to determine the potential creditable acreage.
NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with
Riparian Buffer Establishment
A map showing the project site and the features is provided and initialed by Ms. Merritt on
November 4, 2016. This letter should be provided in all future stream, wetland, buffer or nutrient
offset mitigation plans for this Site.
This letter does not constitute as 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.
23

Meadow Springs Mitigation Site (RES)
November 4, 2016
Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient load -reducing measure
shall be submitted to DVWR for approval.
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 according to 15A NCAC 02B .0240.
Please contact Katie Merritt at (919)-807-6371 if you have any questions regarding this
correspondence.
KAH/km
Attachments: Site Aerial prepared by RES
cc: File Copy (Katie Merritt)
Sincerely,
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
3�3

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rif�llt��Z�0 450 ••. res

Water Resources
ENVIRONMENTAL QUALITY
September 1, 2016
Stephenson 1997 Family Limited Partnership
2080 Wilson Mills Road
Smithfield, NC 27577
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMME:RMAN
Director
Subject: Surface Water Determination Letter
NBRRO#16-259
Johnston County
Determination Type:
Buffer Call
Isolated or EIP Call
❑ Neuse (15A NCAC 2B .0233)
S2
I
® Ephemeral/Intermittent/Perennial Determination
❑ Tar -Pamlico (15A NCAC 213 .0259)
❑ Isolated Wetland Determination
❑ Jordan (15A NCAC 26 .0267)
Project Name: Meadow Spring Mitigation Site
Location/Directions: The projected area is off 2080 Wilson Mills Road in Johnston County
Subject Stream: UT to Neuse River
Determination Date: 08/17/2016
Staff: Cheng Zhang
Feature
E/I/P*
Start@ Stop@
Soil USGS Topo
Survey
S2
I
DWR flag
X
S3
wetland
S4
E
S5
P
throughout
X
S8
E
S10
wetland
S12
P
End of culvert
S13
I
DWR flag
*E/IIP = Ephemeral/Intermittent/Perennial
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources
(DWR).
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://deq.ne.gov/about/divisions/water-resources
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Meadow z5prmg Mitigation site
Johnston County
08/17/2016
Page 2 of 2
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 or Delegated Local Authority may request a determination by the
Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected
party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the
Director shall be referred to the Director in writing If sending via US Postal Service c/o Karen Higgins DWR — 401 &
Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx,
etc.) Karen Higgins DWR — 401 & Buffer Permitting Unit, 512 N. Salisbury Street Raleigh, NC 27604
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60)
days.
The owner/future owners should notify the Division of Water Resources (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated
above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Resources (Central Office) at (919)-807-6300, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this etermination, please feel free to contact Cheng Zhang at [phone].
ince ly,
Danny Smi
Supervisor, ater Quality Regional Operations Center
cc: RRO DWR File Copy

A
•
7
ngure Z.
Conceptual Design Map C
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M1P�
mdnw n nUM—f;— eft

FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
RECEIVE®
November 3, 2016
Nov o s lois
Mr. John Thomas RALEIGH REGULATORY
FIELD OFFICE
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Subject: Action ID # 2016-01989; Modification of the Neu -Con Umbrella Mitigation Banking Instrument
associated with the addition of the Meadow Spring 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 minimal adverse impacts to
fish and wildlife resources.
The proposed Meadow Spring Mitigation Site is approximately 246 acres, and occurs near the
intersection of Wilson's Mills Road and Lee Youngblood. Road, adjacent to an unnamed;
tributary of the Neuse River, in Johnston County, North Carolina. The projectproposes to
restore 4,945 linear feet (LF) of stream channel and 14.15 acres of wetlands, and to enhance
3,555 LF of stream channel and 6.08 acres of wetlands, all of which will be included within the
conservation easement onsite.
We do not have any major concerns with the 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 since there have been records of the
following aquatic federal species of concern (FSC) in the recent years: Roanoke slabshell
(�;'lliptio roanokensis) found in 2015, 'triangle floater (Alasrnidonta undarlala) found in 2012, and .
the State threatened Eastern lampmussel (Lampsillis radiata) found in 2005. There have also
been records of the Neuse River Waterdog (Necturis lewisi), also a federal species of concern,
found approximately 4.5 miles downstream. The Service encourages mitigation efforts in
priority watersheds, or with work that drains to priority watersheds such as this one, that will
benefit federal and state listed species. The Service would encourage catching and removing any
non-native fish that currently reside in the pond onsite that is proposed for removal, prior to
breaching the dam and connecting this feature with the tributary system to reduce impacts to
native aquaticspecies downstream. We,will continue to beinvolvedin this project_ through
discussions with the IRT, and will provide additional, coin ments in the future if warranted.

The Service has reviewed available information on federally -threatened or endangered species
known to occur in Jolmson County, specifically within the proposed mitigation work area, and
downstream in the Neuse River from the unnamed tributaries of Meadow Spring. Federally
listed species in Johnston County, North Carolina include: Red -cockaded woodpecker (Picoides
borealis), Tar River spinymussel (Eliptio steinstansana), dwarf wedgemussel (Alasmidonta
heterodon), and Michaux's sumac (Rhus michauxii), 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: lrttps:/hrcnlide.natureserve.org/. Our review indicates that no
federally listed species under Service jurisdiction are likely to occur in the project area.
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 Meadow Spring 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 manner 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 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,
i
Peter B njamin
Field Office Supervisor

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Brutus, Administrator
Governor Pat McCrory
Secretary Susan Klullz
November 28, 2016
John Thomas
Raleigh Regulatory Field Office
3331 Heritage Trade Street, Suite 105
Wake Forest, NC 27587
Office of Archives and History
Deputy Secretary Kevin Cherry
Re: Add Meadow Spring Mitigation Site to the New -Con Umbrella Mitigation Bank,
SAW 2016-01989, Johnston County, ER 16-2083
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 36
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
environmental.review2( ncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
dv;
Ramona M. Bartos
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone7Rax: [phone]/807-6599

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

MODEL CONSERVATION EASEMENT

January 18, 2001
Rev’d October 16, 2002
Rev’d August, 2003

Model Conservation Easement for use in preserving mitigation property. Language in
italics is instructional, and should be deleted when site-specific Conservation Easement
is prepared.

PERMANENT CONSERVATION EASEMENT

THIS CONSERVATION EASEMENT (“Conservation Easement”) made this
____ day of __________________, 200_ 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 (“Property”);

WHEREAS, Grantee is [either a public body of this state, an agency of the United
States, or a nonprofit corporation or trust whose purpose is the conservation of property],
and is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat.
§ 121-35;

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: [describe by wetland and/or stream type, as well as any associated buffers
or upland communities]. The purpose of this Conservation Easement is to maintain
wetland and/or riparian resources and other natural values of the Property, and prevent
the use or development of the Property for any purpose or in any manner that would
conflict with the maintenance of the Property in its natural condition.

[ For use when the mitigation is offered for impacts of a single individual or
general permit use] WHEREAS, the preservation of the Property is a condition of
Department of the Army permit Action ID ______________ issued by the Wilmington
District Corps of Engineers, required to mitigate for unavoidable stream and/or wetland
impacts authorized by that permit. Grantor and Grantee agree that third-party rights of
enforcement shall be held by the U.S. Army Corps of Engineers, Wilmington District
(Corps, to include any successor agencies), and that these rights are in addition to, and do
not limit, the rights of enforcement under said permit.

[Alternate paragraph for use when the conservation easement supports a
mitigation bank] WHEREAS, the preservation of the Property is required by a Mitigation
Banking Instrument for the [Name of Bank], Department of the Army Action ID [Action
ID number for the mitigation bank]. The Mitigation Bank is intended to be used to
compensate for unavoidable stream and/or wetland impacts authorized by permits issued
by the Department of the Army. Grantor and Grantee agree that third-party rights of
enforcement shall be held by the U.S. Army Corps of Engineers, Wilmington District
(Corps, to include any successor agencies), and that these rights are in addition to, and do
not limit, the rights of the parties to the Mitigation Banking Instrument.

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 Property described on Exhibit A,
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 Property inconsistent with the purpose of this
Conservation Easement is prohibited. The Property shall be preserved in its natural
condition and restricted from any development that would impair or interfere with the
conservation values of the Property.

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 Property 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 Property.

C. Industrial, Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.

D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Property are prohibited.

E. Vegetation. There shall be no removal, burning, destruction, harming, cutting
or mowing of trees, shrubs, or other vegetation on the Property.

F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the property; nor enlargement or modification to existing roads, trails or walkways.

G. Signage. No signs shall be permitted on or over the Property, except the
posting of no trespassing signs, signs identifying the conservation values of the Property,
signs giving directions or proscribing rules and regulations for the use of the Property
and/or signs identifying the Grantor as owner of the property.

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 Property 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 Property, except to restore natural topography or drainage patterns.

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. [The Corps
will generally allow the use of vehicles on existing roads provided those roads are
identified by reference to a recorded map showing their location, configuration, and
size.]

M. Other Prohibitions. Any other use of, or activity on, the Property which is or
may become inconsistent with the purposes of this grant, the preservation of the Property
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 property for all purposes not
inconsistent with this Conservation Easement, including, but not limited to, the right to
quiet enjoyment of the Property, the rights of ingress and egress, the right to hunt, fish,
and hike on the Property, the right to sell, transfer, gift or otherwise convey the Property,
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.

[For use when mitigation work (approved or required restoration, creation, or
enhancement)is to be done on the property]Notwithstanding the foregoing Restrictions,
Grantor reserves for Grantor, its successors and assigns, the right to construct wetland
and stream mitigation on the Property, in accordance with the [describe mitigation plan
by title, date and permit action id if a single mitigation site; if a mitigation bank, include
the language “detailed mitigation plan approved in accordance with the Mitigation
Banking Instrument for the__________________________________Mitigation Bank.]

ARTICLE IV.
GRANTEE’S RIGHTS

The Grantee or its authorized representatives, successors and assigns, and the
Corps, shall have the right to enter the Property at all reasonable times for the purpose of
inspecting said property 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 shall also have the right to enter and go
upon the Property 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 is allowed to prevent
any activity on or use of the Property that is inconsistent with the purposes of this
Easement and to require the restoration of such areas or features of the Property that may
be damaged by such activity or use. Upon any breach of the terms of this Conservation
Easement by 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 term of this Conservation Easement is or would irreversibly or otherwise
materially impair the benefits to be derived from this Conservation Easement. The
Grantor and Grantee acknowledge that under such circumstances damage to the Grantee
would be irreparable and remedies at law will be inadequate. The rights and remedies of
the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights
and remedies available to Grantee in connection with this Conservation Easement. 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 shall have the same right to enforce the terms and
conditions of this easement as the Grantee.

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 Property
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
Property 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 Property. The Grantor agrees to provide written notice of such
transfer at least thirty (30) 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 Property 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 under N.C.
Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee
further covenants and agrees that the terms of the transfer or assignment will be such that
the transferee or assignee will be required to continue in perpetuity the conservation
purposes described in this document.

D. Entire Agreement and Severability. This instrument sets forth the entire
agreement of the parties with respect to the Conservation Easement and supersedes all
prior discussions, negotiations, understandings or agreements relating to the Conservation
Easement. If any provision is found to be 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. Extinguishment. In the event that changed conditions render impossible the
continued use of the Property for the conservation purposes, this Conservation Easement
may only be extinguished, in whole or in part, by judicial proceeding.

G. Eminent Domain. Whenever all or part of the Property 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.

H. Proceeds. This Conservation Easement constitutes a real property interest
immediately vested in Grantee. In the event that all or a portion of this Property 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. The parties stipulate that the fair market value of this Conservation Easement
shall be determined by multiplying the fair market value of the Property unencumbered
by this Conservation Easement (minus any increase in value after the date of this grant
attributable to improvements) by the ratio of the value of this easement at the time of this
grant to the value of the Property (without deduction for the value of this Conservation
Easement) at the time of this grant. The values at the time of this grant shall be the values
used, or which would have been used, to calculate a deduction for federal income tax
purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or
ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner
consistent with the purposes of this Conservation Easement.

I. 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 the Corps:
[Name, address and fax number]

J. 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.

K. 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.

L. [For use if there is a document describing the current condition of the
property. The language provided is applicable if there is a mitigation plan that
accurately describes the current condition and uses of the property. If there is not such a
plan, another document we agree is accurate and can be identified and is in our files can
be referenced.]Present Condition of the Property. The wetlands, scenic, resource,
environmental, and other natural characteristics of the Property, and its current use and
state of improvement, are described in Section ___, Appendix B of the Mitigation Plan,
dated ________________, 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 Property will be consistent with the terms of this Conservation
Easement. However, this report is not intended to preclude the use of other evidence to
establish the present condition of the Property if there is 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)
Meadow Spring BPDP February 2018
Appendix D. Existing Conditions Photos (February 8, 2018)
Looking downstream at Reach S1 buffer
restoration. 02/08/2018
Looking downstream at Reach S2 buffer
enhancement. 02/08/2018
Looking downstream at Reach S2 buffer
restoration. 02/08/2018
Current pond in proposed Reach S6-A right
bank. 02/08/2018
Looking upstream at nutrient offset buffer on
left bank of Reach S6-A. 02/08/2018
Looking downstream at Reach S6-A buffer
restoration. 02/08/2018
Meadow Spring BPDP February 2018
Looking upstream at Reach S5 buffer
restoration. 02/08/2018
Looking downstream at site of proposed S6-B
channel and buffer restoration. 02/08/2018
Looking upstream at site of proposed S6-B
channel and buffer restoration. 02/08/2018 Looking downstream at Reach S6-B
buffer enhancement. 02/08/2018