20040895 Ver 1_Complete File_20040316

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Environmental Banc & Exchange, LLC
Managers, Bankers and Traders of Environmental Rights
10055 Red Run Boulevard, Suite 130
Owings Mills, MD 21117-4860
410 356-5159 FAX [phone]
8000 Regency Parway, Suite 200A
Cary, North Carolina 27511
919 459-9039 FAX [phone]
www.ebXLlsa.com
WETLANDS/ 409 GROUP
MAR 1 6 2004
WATER QUALITy TI
"Finding Environmental Solutions through Economic tncentiues"
March 10, 2004
Mr. Michael F. Bell
Washington Regulatory Field Office
Department of the Army
Wilmington District, Corps of Engineers
PO Box 1000
Washington, NC 27889-1000
Re:
Dear Mr. Bell:
Neu-Con MBI / Nahunta Site Specific Wetland and Stream
Response to comments from NCDWQ letter dated September 22, 2003
Consistent with your email on February 9, 2004, we provide below a summary of the responses to NC
Division of Water Quality, US Fish and Wildlife, and the NC Wildlife Resources Commission comments
regarding the Nahunta Site Specific Wetland and Stream Mitigation Plan. The comments below reflect
that we have adopted the resource agencies' comments and, therefore, we intend to file for the 401/404
permits and finalize the Nahunta Site Specific Wetland and Stream Mitigation Plan. Unless we hear from
you to the contrary, our intentions are to produce the permits and documents within the next three weeks.
John Hennessey Letter (dated September 22, 2003)
General Comments, Stream Geomorphic Tables: Tables 3-1 through 3-6 have been edited to
include approximations for specific design entrenchment ratios (ER). ER's are summarized below
for the design reaches:

Design Reach Existing
Entrenchment
Ratio Design
Entrenchment
Ratio .
Reach 1 -9.5 - 65
Reach 2 -4.2 - 37
Reach 3 -15.8 - 25
Reach 4 - 11 - 19
Reach 5 -1.5 - 39
Reach 6 -16.1 -_37
General Comments, Conservation Easement: A conservation easement for the site will be
recorded upon completion of construction activities. The conservation easements for the Nahunta
Properties will follow the same format and language that were approved by the MBRT for the
Westbrook Wetland and Stream Mitigation Site. A copy of the approved conservation easement
language for the Westbrook site is attached as Attachment A.
Page 1 of 16
General Comments, Planting Plan: A final planting plan will be submitted to NCDWQ prior to
the site being planted. It is likely that there will be minor changes in the species list due to current
availability of plants.
Monitoring„ Annual Report: The annual monitoring report will include a debit/credit ledger of
mitigation credits.
Monitoring, Geomorphic Stream Monitorin&. The wording used in the mitigation plan may have
been confusing. We are proposing two cross-sections per 1,000 feet of stream, or in other words,
a cross-section every 500 feet. Cross-sections will alternate between riffles and pools. Additional
photographic monitoring of the stream will be added. Paragraph 6 of Page 5-4 has been edited to
read:
"Two (2) permanent cross-sections will be installed per 1,000 linear feet of stream
restoration work, with one (1) located at a riffle cross-section and one (1) located at a pool
cross-section. In general, cross-sections will be spaced approximately 500 feet apart. Each
cross section will be marked on both banks with permanent pins to establish the exact
transect used. A common benchmark will be used for cross-sections and consistently used
to facilitate easy comparison of year-to-year data. The annual cross section survey will
include points measured at all breaks in slope, including top of bank, bankfull, inner berm,
edge of water, and thalweg. Riffle cross sections will be classified using the Rosgen stream
classification system. "
The targeted hydrologic success criteria for the Nahunta project has been changed to indicate a
hydroperiod of 12.5% of the growing season or greater. Also, as recommended, use of the
reference site to define site success criteria has been included. Paragraph 4 of Page 4-1 has been
changed to read:
"Hydrology will be monitored through the use of monitoring wells during each growing
season for the first five years of hydrologic monitoring, or until success criteria have been
met, whichever occurs later. To meet the hydrologic success criteria, the monitoring data
must show that for each normal year within the monitoring period, the site has been
inundated or saturated within 12 inches of the soil surface for a minimum of 12.5% of the
growing season (31 consecutive days). WETS tables for Wayne County will be utilized to
determine normal precipitation. If the restored site is inundated or saturated within 12
inches of the soil surface for less than 12.5% of the growing season (31 consecutive days),
but the post-restoration monitoring data reflects that the site meets applicable Corps
criteria for wetlands, then the Corps and the MBRT may consider the site for mitigation of
in-kind impacts on a case-by-case basis. "
Nahunta Swamp Comments: No stream restoration practices are proposed for Nahunta Swamp
itself, nor are there any plans for future restoration. Additional cuts in the levee along Nahunta
Swamp are not proposed at this time, since there are several existing cuts in the levee that allow
flooding. Also, overbank flooding of Nahunta will occur up the smaller tributaries which are
being restored as part of this project.
In essence, buffers are being established along all project properties that border Nahunta under
the current mitigation plan. These areas adjacent to Nahunta will be planted as part of the wetland
restoration efforts and as such, will be protected in perpetuity for a distance of greater than 50 feet
from the top of the Nahunta streambank.
Tapp Tract, Wetlands: The drainage effect of Nahunta Swamp was taken into account when
assessing potential restoration areas presented in the mitigation plan report. As shown in Figures
Page 2 of 16
3.1 through 3.5, the proposed restoration areas are offset from Nahunta Swamp by approximately
100 to 150 feet to take into account the drainage effect of the Nahunta Swamp channel. This
establishes the proposed wetland restoration boundary in the general areas of gauges 5, 6, and 10,
indicating that these areas will marginally wet at best.
The analysis which was performed to determine the drainage effect was not discussed in depth in
the mitigation plan. Therefore, we have prepared the following text which has been included at
the end of section 3.4 (Hydrologic Model Analyses) in the revised mitigation plan for the site:
A

C
s?
4W
Nahunta Swamp
----I Canal r--
Simulated Water Table
L IM
~
Simulated ;
Drainage Effect
.... "To assess the drainage effect of the Nahunta Swamp channel on the hydrology of the
proposed wetland restoration areas, DrainMod simulations were performed. The analyses
were performed using the sub-irrigation routines provided with DrainMod, which simulate
the effect of baseflow stream conditions. Since DrainMod simulates water table depth
between two ditches, the model was setup as if there were two Nahunta canals parallel to
each other, with a permanent water level approximately six feet below the average ground
surface. Surface storage parameters were changed to 4 centimeters, representing the
surface roughing and minor depressions which will be constructed on the site to store the
maximum amount of rainfall and overbank flow. All other inputs besides those that
describe the geometry of the ditches were left the same as the model simulations previously
described in this section. The spacing between the canals was then adjusted and model
simulations run until a point between the two simulated canals met minimal wetland
hydrology (5% of the growing season). In this way, the edge of the restored wetland area
was approximated as one half the ditch spacing which met minimal wetland hydrology, or
approximately 150 feet for the described model parameters. DrainMod input and output
files for these simulations are provided in Appendix 6
It should be noted that the analysis presented above is conservative and does not take into
account several hydrologic attributes which the actual restored site will experience.
DrainMod simulations cannot take into account the effect of overbank flooding events,
hillslope seepage, and perhaps most importantly, the effect of the restored stream channels
on site hydrology. The comparison between simulated conditions and actual site conditions
is presented in Figure 3.9 below. When these additional hydrologic inputs are taken into
account, it is expected that the actual drainage effect from the Nahunta Swamp canal will
be approximately 100 to 150 feet. Therefore, the restoration areas depicted in Figures 3.1
through 3.5 have been offset from Nahunta Swamp by 100 to 150 feet. "
Figure 19A. Representation of DrainMod simulations used to predict drainage effect.

Page 3 of 16
Restored Stream
Actual Water Table ?- ?
Nahunta Swamp
----I Canal r-
N
Actual
Drainage Effect
Figure 3.913. Representation of actual hydrologic conditions of the restored site.
Weston Soil Areas: While it is true that the Weston soil areas are, in general, at a higher elevation
than most of the other restoration areas across the site, we believe that these areas can be restored
to functioning wetlands. The Weston soils are located along the topographical break-in-slope for
the Nahunta floodplain, therefore these areas historically received seepage inputs and runoff from
higher elevation areas. The primary reason that they no longer exhibit wetland hydrology is due
to the ditches and smooth topography of the agricultural fields, which allows for very little
storage of rainfall and runoff.
Note that even prior to the channelization of Nahunta Swamp, these areas would have been
several feet above the active floodplain elevation. Therefore, hydric soil indicators formed under
wetland hydrology that was driven primarily by groundwater discharge, not overbank flooding.
That is the primary reason that these areas are targeted for the restoration of non-riverine wetland
credits. Also note that many of the existing wetland areas on the site exist at elevations as much
as 10 feet higher than the Nahunta floodplain, due to hillslope seepage.
Additional DrainMod analyses were not run for the areas of Weston soils, due to the topographic
slope of these areas. Drain-Mod was developed for use on relatively flat, poorly drained soils and
does not sufficiently account for the effects of hillslope seepage which would drive the hydrology
of these areas.
Tapp Tract, Streams: The assessments of stream condition that were performed on September 9,
2003 were conducted using visual observations. Due to the ramifications to the project as a whole
by removing Reaches 2 and 4 from the restoration plan, EBX requested that NCDWQ revisit the
site and perform an assessment based on benthic macroinvertebrate sampling techniques. A
subsequent field visit by NCDWQ (Dave Penrose) on November 3, 2003 was conducted to
further examine the condition of these streams. Nets were used to sample Reaches 2 and 4 for the
presence of aquatic life that would indicate the status of the streams. Based on the organisms
found (see attached letter from Dave Penrose) from this more thorough analysis, it was
determined that Reaches 2 and 4 would be considered perennial and are appropriate for mitigation
credit. Therefore, we propose that Reaches 2 and 4 remain within the mitigation plan for the
project site.
The Radius of Curvature ratios for all design reaches on the project will be adjusted to a
minimum Rc/Wbkf value of 2.0.
Page 4 of 16
In addition, we are attaching jurisdictional wetland determination forms (Attachment B) which were
prepared for the wetland preservation areas of the site. These forms were requested during the on-site visit
on September 9, 2003.
If I can be of any further assistance, please do not hesitate to contact me at 410-356-5159 (x224).
Very Truly Yours,
'(Gf eorge .belly
Page 5 of 16
Circulation List:
Mr. David W. Lekson, Chief
Washington Regulatory Field Office
Department of the Army
Wilmington District, Corps of Engineers
P. O. Box 1000
Washington, NC 27889-1000
[phone] x 22
Mr. Bill Biddlecome
Washington Regulatory Field Office
Department of the Army
Wilmington District, Corps of Engineers
P. O. Box 1000
Washington, NC 27889-1000
[phone] x 31
Ms. Becky Fox
U.S. Environmental Protection Agency
Wetland Section
1349 Firefly Road
Whittier, NC 28789
[phone]
Mr. Gary Jordan
U.S. Fish and Wildlife Service
551-F Pylon Drive
Raleigh, NC 27606
Mr. Travis W. Wilson
Eastern Region Highway Project Coordinator
Habitat Conservation Program
NC Wildlife Resource Commission
1142 I-85 Service Road
Creedmoor, NC 27522
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, NC 28516
Mr. John Dorney
Water Quality Section
Division of Environmental Management
NCDENR
1650 Mail Service Center
Raleigh, NC 27699-1650
[phone]
Mr. Kevin Tweedy
Buck Engineering PC
8000 Regency Parkway, Suite 200
Cary, NC 27511
[phone]
Mr. Chris Huysman
Wetland & Natural Resource Consultants, Inc.
P. O. Box 224
11 South College Avenue, Suite 206
Newton, NC 28658
[phone]
Mr. John Hennessy
NC DWQ 401-Wetlands Unit
4401 Reedy Creek Road
Raleigh, NC 27607
[phone]
Page 6of16
ATTACHMENT A
CONSERVATION EASEMENT APPROVED FOR THE WESTBROOK LOWGROUNDS
STREAM AND WETLAND MITIGATION SITE, JOHNSTON COUNTY
Drawn by and after
RECORDING RETURN TO:
DAN E. PERRY
P. O. DRAWER 1475
KINSTON, NC 28503-1475
NORTH CAROLINA
JOHNSTON COUNTY
THIS CONSERVATION EASEMENT ("Conservation Easement") made this day of
2003, by and between EBX-NEUSE I, LLC, with an address of 10055 Red Run Boulevard,
Suite 130, Owings Mills, MD 21117-4860 ("Grantor") and
NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, INC., with an address of P.O.
Box 29187, Greensboro, NC 27429-9187 ("Grantee").
The designation Grantor and Grantee as used herein shall include said parties, their personal
representatives, heirs, executors, successors and assigns, and shall include singular, plural,
masculine, feminine or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple approximately 184.49 acres of certain real
property situate, lying and being in Johnston County, North Carolina, and more particularly
described as the Conservation Easement Area in Exhibit A (the "Property");
WHEREAS, Grantor and Grantee recognize the conservation value of the Property in its
present state as a scenic, natural and rural area that has not been subject to significant
development and as a significant area that provides a "relatively natural habitat for fish, wildlife,
or plants or similar ecosystem" as that phrase is used in Section 170(h)(4)(A)(ii) of the Internal
Revenue Code;
WHEREAS, Grantor and Grantee further recognize the conservation and open space
value of the Property in its present state, the preservation of which (a) is pursuant to local, state
and federal government policy and will provide for scenic enjoyment of the general public and
(b) will yield significant public benefit;
WHEREAS, pursuant to the Mitigation Agreement between North Carolina Department
of Transportation ("NCDOT") and EBX-Neuse I, LLC, EBX-Neuse I, LLC owns the Property
and has restored or intends to restore certain wetland and stream mitigation areas on the Property
and EBX-Neuse I in turn will be using the Property to mitigate unavoidable stream and wetlands
impacts detailed in one or more permits (the "Permits") which may be issued hereafter by the
United States Army Corps of Engineers, Wilmington District (the "Corps") for wetland and / or
stream impacts by the North Carolina Department of Transportation ("NCDOT"), and
Page 7of16
WHEREAS, Grantor has agreed to grant and convey a perpetual conservation easement
over the Property, thereby restricting and limiting the use of the Property on the terms and
conditions and for the purposes hereinafter set forth;
NOW, THEREFORE, for and in consideration of the covenants and representations
contained herein 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 successors and assigns, forever and in perpetuity a fully transferable
Conservation Easement of the nature and character and to the extent hereinafter set forth, over
the Property together with the right to preserve and protect the conservation values thereof, as
follows:
ARTICLE I.
PURPOSES
The purposes of this Conservation Easement are to preserve and protect the conservation
values of the Property and the natural character of the Property. To achieve these purposes, the
parties hereto agree to the conditions and restrictions set forth hereunder.
ARTICLE II.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is an
easement in gross, runs with the land, is fully assignable, and is enforceable by Grantee, its
successors or assigns, against Grantor, Grantor's personal representatives, heirs, executors,
successors and assigns, lessees, agents, invitees and licensees.
ARTICLE III.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes 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 unless otherwise authorized by the Corps:
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 and Residential Use. 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. Residential use of the Property is
prohibited.
Page 8of16
C. Industrial and Commercial Use. Industrial and/or commercial activities, including
any right of passage used in conjunction with commercial or industrial activity, are prohibited on
the Property.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, and
horticultural use of the Property is prohibited.
E. Silvicultural Use and Land Clearing. There may be no destruction or cutting of
trees or plants on the Property, except to control insects and disease or except as otherwise
provided herein.
F. Sig_nage. Display of billboards, signs or advertisements is prohibited on or over
the Property, except the posting of no trespassing signs, signs identifying the conservation values
of the Property or other permitted use of the Property and/or signs identifying the Grantor as
owner of the Property and Grantee as the holder of a Conservation Easement on the Property.
G. 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.
H. Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other
materials, and no change in the topography of the land in any manner on the Property, except to
restore natural topography or drainage patterns.
1. Water Quality and Drainage Pattern. There shall be no activities conducted on the
Property that would be detrimental to water purity or any of the plants or habitats within the
Property or that would alter natural water levels, drainage, sedimentation and/or flow in or over
the Property, or cause soil degradation or erosion.
J. Subdivision. Subdivision, partitioning, or dividing the Property is prohibited.
K. Vegetative Cutting. Cutting, removal, mowing, burning, harming or destruction
of vegetation on the Property is prohibited except: (1) in instances where such activities are
deemed necessary for the health and safety of nearby residents or the general public, but only if
such activities are approved by the Grantee, (2) when considered necessary for the continued
maintenance of wetland functions as approved by the Grantee, or (3) mowing existing paths or
roadways.
Page 9of16
ARTICLE IV.
GRANTOR'S ADDITIONAL RESERVED RIGHTS
The Grantor and its personal representatives, heirs, executors, successors and assigns
hereby reserves the right to quiet enjoyment of the Property, the rights to ingress and egress to
the Property, the right to continue such uses as exist as of the date of this grant not inconsistent
with this Conservation Easement and as shown on the survey recorded in Map Book , Page
of the Johnston County Registry and the right to sell, transfer, gift or otherwise convey
the Property in whole or in part, provided such sale, transfer, gift or conveyance is subject to the
terms of, and shall specifically reference, this Conservation Easement and written notice is
provided to Grantee in accordance with the provisions herein below.
It is expressly understood and agreed that Grantor, including but not limited to its licensees,
guests, employees, representatives, successors, heirs and assigns, retains the right and privilege,
which rights and privileges shall not be abridged and/or restricted by any conservation activities
by Grantee, its successors, heirs and assigns pursuant to this agreement, to continue wildlife
activities presently enjoyed on the Property, specifically hunting, fishing, trapping and hiking.
In the event a plan is approved by the Corps or if activities are authorized in writing by the
Corps, the Grantor, and its authorized representatives, shall have the rights to enter the Property
to undertake such authorized activities to restore, manage, maintain, enhance, and monitor
wetland, stream and riparian resources on the Property ("Authorized Activities"). These
Authorized Activities include the planting of native trees, shrubs and herbaceous vegetation,
installation of monitoring wells, utilization of heavy equipment to re-grade, refill, and prepare
the soil, modification of the hydrology of the site, and installation of natural and manmade
materials as needed to direct in-stream, above ground, and subterraneous water flow. None of the
above-listed activities may be performed without specific written authorization by the Corps,
either as the result of an approved mitigation plan or a letter authorizing the activity to be
performed.
Furthermore, it is understood and agreed that Grantor has established a farm path along the
perimeter of the area for ingress, egress and regress as well as four deer stands, two duck blinds,
a small wooden structure, and a boat ramp for the purposes of hunting and fishing (as shown on
the survey recorded in Map Book , Page , of the Johnston County Registry) to permit
Grantor to enjoy these wildlife activities. Accordingly, Grantor, including but not limited to its
licensees, guests, employees, representatives, successors, heirs and assigns, shall remain entitled
to maintain these in their present condition without regard to the other terms and conditions
contained herein.
ARTICLE V.
GRANTEE'S RIGHTS
Grantee is granted the right to preserve and protect in perpetuity the existing condition
of the Property. Consistent with these rights, Grantee may monitor the Property to ensure
compliance with the terms of the Agreement to ensure that the existing conditions of the
Property have not been altered. Grantee is also granted the right to enter the Property for the
purposes of implementing and monitoring the Property and otherwise monitoring compliance
with the term of this Agreement.
Page 10 of 16
ARTICLE VI.
ENFORCEMENT AND REMEDIES
A. Upon any breach of the terms of this Conservation Easement by Grantor, its
agents, personal representatives, heirs, executors, successors, or assigns, which comes to the
attention of the Grantee, the Grantee may notify the Grantor in writing of such breach. The
Grantor shall have thirty (30) days after receipt of such notice to undertake actions that are
reasonably calculated to promptly correct the conditions constituting such breach. If the breach
remains uncured after thirty (30) days; the Grantee may exercise any, or all, or none of the
following remedies:
1. Institute suits to enjoin any breach or enforce any covenant by temporary
and/or permanent injunctions either prohibitive or mandatory and/or to
recover any damages from injury to any conservation values protected by
this Conservation Easement, including damages for the loss of scenic,
aesthetic, historic or environmental values and attorneys fees if Grantee
prevails; and
2. Require that the land be restored promptly to the condition required by this
Conservation Easement.
B. The Grantee has the right, but not the obligation, to prevent any activity on or use
of the Property that is inconsistent with the purpose of this Conservation Easement. Grantee's
remedies shall be cumulative and shall be in addition to any other rights and remedies available
to Grantee at law or equity. If Grantee, in its sole discretion, determines that circumstances
require immediate action to prevent or mitigate significant damage to the conservation values of
the Property, the Grantee may pursue its remedies without prior notice to Grantor, but shall
exercise reasonable efforts to notify Grantor.
C. No failure on the part of Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or any other covenant, condition or provision hereof or
affect the right to Grantee to enforce the same in the event of a subsequent breach or default.
D. 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 VII.
PUBLIC ACCESS
The making and imposition of this Conservation Easement does not convey to the public
the right to enter the Property for any purpose whatsoever.
ARTICLE VIII.
EXHIBIT, DOCUMENTATION AND TITLE
A. Plat. Exhibit A, identifying the Property, is attached hereto and made a part hereof by
reference.
Page 11 of 16
B. Title. Grantor covenants and represents that Grantor is the sole owner of and is seized
of the Property in fee simple and has good right to make, declare and impose the
aforesaid Conservation Easement; that the Property is free and clear of any and all
encumbrances, except easements, leases, restrictions, rights of way, if any, and
government regulations of record.
ARTICLE IX.
MISCELLANEOUS
A. Subsequent Transfers. Grantor, for itself and his personal representatives, heirs,
executors, successors and assigns regarding the Property, further declares that the matters set
forth in this Conservation Easement shall run with the land comprising the Property and be
binding thereon, without the necessity to make specific reference to this Conservation Easement
in a separate paragraph of any subsequent lease, deed, or other legal instrument by which any
interest in the Property is conveyed.
B. Assigntnent. 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.
C. Conservation Purpose.
1. Grantor, for itself, his personal representatives, heirs, executors, successors and
assigns, declares that this Conservation Easement is established exclusively for
conservation purposes, as defined in 26 U.S.C. Section 170(h)(4)(a).
2. Grantor declares 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 written
approval of the Grantee and the Corps.
D. Construction of Terms. This Conservation Easement shall be construed to promote the
purposes of the North Carolina enabling statute set forth in N.C.G.S. § 121-34 et seq., which
authorizes the creation of conservation easements for purposes including the conservation
purposes of this Conservation Easement, including such purposes as are defined in 26 U.S.C.
Section 170(h)(4)(A).
E. Recording. Grantee or Grantor shall record this instrument and any amendment hereto or
assignment of Grantee's rights hereunder in the Registry of Johnston County, North Carolina and
may re-record it at any time as may be required to preserve its right under this Conservation
Easement.
F. Hazardous Waste. The Grantor covenants and represents that, to the best of Grantor's
knowledge, no hazardous substance or hazardous or toxic waste exists nor has been generated,
treated, stored, used, disposed of, or deposited in or on the Property.
G. Notices. Any notices given under this Conservation Easement shall be in writing and
shall be delivered by depositing same in the U.S. Mail, certified, return receipt requested,
Page 12 of 16
postage prepaid and addressed to the parties as set forth above, or to such other addresses any
such party may establish in writing to the others, pursuant to this notice provision.
H. Amendments. This Easement may be amended only by a writing, signed by Grantor and
Grantee, subject to approval of the Corps, and any such amendment(s) shall be effective upon
recording of such writing in the Registry of Johnston County, North Carolina.
1. Severability. Should any provision of this Conservation Easement be declared by any
tribunal of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity and
enforceability of the remaining parts, terms or provisions shall not be affected thereby, and said
illegal, unenforceable, or invalid part, term, or provision shall be deemed not to be a part of this
Conservation Easement.
J. Governing. This Conservation Easement shall be governed by and construed in
accordance with the laws of the State of North Carolina.
K. Headings. The headings contained in this Conservation Easement are for reference
purposes only and shall not affect the meaning or interpretation hereof.
L. Eminent Domain. If the whole or any part of, or any interest in, the Property be acquired
or condemned by eminent domain or like power for any public or quasi-public use or purpose,
then this Conservation Easement shall be subject to the applicable statutory and common law
authorities regarding the condemnation, but only as to the part of the Property or interest in the
Property so taken. All damages awarded for the acquisition or condemnation of the Property, or
any part or interest therein, shall become the sole and absolute property of the owner of the
interest in land acquired or condemned by eminent domain at the time of condemnation.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns forever. The covenants
agreed to and the terms, conditions, restrictions and purposes imposed as aforesaid shall be
binding upon Grantor, Grantor's personal representatives, heirs, executors, successors and
assigns, and shall continue as a servitude in perpetuity with the Property.
IN WITNESS WHEREOF, the Grantor and Grantee hereto have set their hand and seals
and caused these presents to be executed in their respective names by authority duly given, and,
to the extent required, their corporate seal affixed, the day and year above first written.
GRANTOR:
(CORPORATE SEAL) By:
GRANTEE:
By:
(CORPORATE SEAL)
Page 13 of 16
ATTEST:
STATE OF NORTH CAROLINA, COUNTY OF JOHNSTON
I, a Notary Public in and for the County and State
aforesaid, do hereby certify that personally came before me this day
and acknowledged that he is Secretary of , and that by authority
duly given and as an act of , the foregoing instrument was signed by
, its President, attested by himself as Secretary, and sealed with the
common seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and notaries seal this day
of 52003.
Notary Public
My commission expires:
STATE OF NORTH CAROLINA, COUNTY OF JOHNSTON
I, , a Notary Public in and for the County and State
aforesaid, do hereby certify that personally came before me this day
and acknowledged that he is Secretary of , and that by authority
duly given and as an act of , the foregoing instrument was signed by
, its President, attested by himself as Secretary, and sealed with the
common seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and notaries seal this day
of , 2003.
Notary Public
My commission expires:
Page 14 of 16
ATTACHMENT B:
WETLAND DETERMINATION FORMS FOR NAHUNTA PRESERVATION AREAS
Page 15 of 16
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: Nahunta Swamp Date: 03-07 / 2002
Applicant / Owner: EBX Neuse LLC County: Wayne
Investigator: Huysman, Bandy State: North Carolina
Do normal circumstances exist on the site? Yes ® No[] Community ID:Data 1
Is the site significantly disturbed (Atypical situation)? Yes ? No ® Transect ID:
Is the area a potential problem area? Yes ? No ® Plot ID:
(explain on reverse if needed)
VEGETATION
Dominant Plant Species Indicator Stratum Dominant Plant Species Indicator Stratum
1. Acer negundo FACW tree 9. Sambucus canadensis FACW- shrub
2. Acer rubrum FAC tree 10. Salix nigra OBL sapling
3. Ilex opaca FA C- tree 11. Boehmada cylindrica FACW+ herb
4. Quercus phellos FACW tree 12. Arundinaria gigantea FACW herb
5. Liquidambar styraciflua FAC+ tree 13. Impatiens capensis FACW herb
6. Quercus michauxii FACW- tree 14. Saururus cernuus OBL herb
7. Anus serrulata FACW+ sapling 15. Osmunda cinnomomea FACW+ herb
8. Lindera benzoin FACW shrub 16. Lobelia cardinalis FACW+ herb
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). +90%
Remarks: Wet forested area adiacent to un-named tributary of Nahunta Swamp. Wetland area is a
gradation of the Nonriverine Wet Hardwood Forest and a Coastal Plain Small Stream Swamp (Schafale)

HYDROLOGY
? Recorded Data (Describe In Remarks):
? Stream, Lake, or Tide Gauge
? Aerial Photographs
? Other
® No Recorded Data Available
Field Observations:
Depth of Surface Water: 0 (in.)
Depth to Free Water in Pit:O-8 in.)
Depth to Saturated Soil: 00=8 (in.)
Wetland Hydrology Indicators
Primary Indicators:
® Inundated
® Saturated in Upper 12"
? Water Marks
? Drift Lines
? Sediment Deposits
? Drainage Patterns in Wetlands
Secondary Indicators:
® Oxidized Roots Channels in Upper 12"
® Water-Stained Leaves
? Local Soil Survey Data
? FAC-Neutral Test
? Other (Explain in Remarks)
Remarks: Wetland area visited in early spring 2002 through mid-summer 2002 and found to have
hydrology throughout the period.
SOILS
Map Unit Name
(Series and Phase): Bibb / Wayne Co. NRCS Drainage Class: Poorly drained
Taxonomy (Subgroup): Aquic Dystrochrept Confirm Mapped Type? Yes ? No
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-11 A 10YR 4/2 / sandy loam
11-18 C 10YR 4/1 / sandy loam

Hydric Soil Indicators:
? Histosol ? Concretions
? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils
® Sulfidic Odor ? Organic Streaking in Sandy Soils
®Aquic Moisture Regime ® Listed On Local Hydric Soils List
® Reducing Conditions ? Listed on National Hydric Soils List
® Gleyed or Low-Chroma Colors ? Other (Explain in Remarks)
Remarks: Soil is most like Bibb Series as described in the Wayne County Soil Survey (June 1974)
Wt 1 LAND Ut 1 IZKMINAI IVN
Hydrophytic Vegetation Present? Yes ® No ?
Wetland Hydrology Present? Yes ® No ?
Hydric Soils Present? Yes ® No ?
Is the Sampling Point
Within a Wetland? Yes ® Non
Remarks:
F r1V I V / UbUb 1 VI'V / NKt;b SVIL
\ ? I rr
t ?
................ _........ _ ... ...................
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: Nahunta Swamp Date: 03-07 / 2002
Applicant / Owner: EBX Neuse LLC County: Wayne
Investigator: Huysman State: North Carolina
Do normal circumstances exist on the site? Yes ® No ? Community ID:Data 2
Is the site significantly disturbed (Atypical situation)? Yes ? No ® Transect ID:
Is the area a potential problem area? Yes ? No ® Plot ID:
(explain on reverse if needed)
VEGETATION
Dominant Plant Species Indicator Stratum Dominant Plant Species Indicator Stratum
1. Acer rubrum FAC tree 9. Corpus amomum FACW+ shrub
2. Nyssa sylvatica FAC tree 10. Viburnum nudum FACW+ shrub
3. Quercus phellos FACW tree 11. Woodwardia areo/ata OBL herb
4. Quercus michauxii FACW- tree 12. Osmunda cinnomomea FACW+ herb
5. Ilex opaca FA C- tree 13. Saururus cernuus OBL herb
6. Betula nigra FACW tree 14. Impatiens capensis FACW herb
7. Sambucus canadensis FACW- shrub 15. Boehmaria cylindrica FACW+ herb
8. Salix nigra OBL shrub 16. Arundinaria gigantea FACW herb
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). +90%
Remarks: Wet forested area located between the toe of slope (high ground) and active farm field.
Wetland most closely classifies as Coastal Plain Smal l Stream Swamp (Schafale). Vegetation varies with
micro topography: innundated areas are present.
HYDROLOGY
? Recorded Data (Describe In Remarks):
? Stream, Lake, or Tide Gauge
? Aerial Photographs
? Other
® No Recorded Data Available
Field Observations:
Depth of Surface Water: 2 (in.)
Depth to Free Water in Pit:O-6 in.)
Depth to Saturated Soil: q-66 (in.)
Wetland Hydrology Indicators
Primary Indicators:
® Inundated
® Saturated in Upper 12"
® Water Marks
? Drift Lines
® Sediment Deposits
® Drainage Patterns in Wetlands
Secondary Indicators:
® Oxidized Roots Channels in Upper 12"
® Water-Stained Leaves
? Local Soil Survey Data
? FAC-Neutral Test
? Other (Explain in Remarks)
Remarks: Area has variable topography and thus variable hydrology. Hummocks tend to be drier but
were still observed to meet hydrology criteria.
SOILS
Map Unit Name
(Series and Phase): Johnston / Wayne Co. NRCS Drainage Class: Very poorly drained
Taxonomy (Subgroup): Cumulic Humaqueptt Confirm Mapped Type? Yes ? No
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-16 A 10YR 3/1 / loam

Hydric Soil Indicators:
? Histosol ? Concretions
? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils
® Sulfidic Odor ? Organic Streaking in Sandy Soils
? Aquic Moisture Regime ® Listed On Local Hydric Soils List
® Reducing Conditions ® Listed on National Hydric Soils List
® Gleyed or Low-Chroma Colors ? Other (Explain in Remarks)
Remarks: Soil is most like Johnston Series as described in the Wayne County Soil Survey (1974)

WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes ® Nor-]
Wetland Hydrology Present? Yes ® No ?
Hydric Soils Present? Yes ® No ?
Is the Sampling Point
Within a Wetland? Yes ® No ?
Remarks:
PHOTO / USGS TOPO / NRCS SOIL
r.
Environmental Banc & Exchange, LLC
Managers, Bankers and Traders of Environmental Rights
10055 Red Run Boulevard, Suite 130
Owings Mills. MD 21117 _4860
410 356-51.59 FAX [phone]
8000 Regency Parway, Suite 200A
Cary, North Carolina 27511
919 459-9039 FAX [phone]
"Finding Environmental Solutions through Economic Incentives"
5P
March 10, 2004
Mr. Michael F. Bell
Washington Regulatory Field Office
Department of the Army
Wilmington District, Corps of Engineers
PO Box 1000
Washington, NC 27889-1000
Re:
Dear Mr. Bell:
www.cbxtisa.coni
AlET. WJV9 / 409 G R 0 U P
MAR 1 1 2004

Neu-Con MBI / Nahunta Site Specific Wetland and Stream
Response to comments from NCDWQ letter dated September 22, 2003
Consistent with your email on February 9, 2004, we provide below a summary of the responses to NC
Division of Water Quality, US Fish and Wildlife, and the NC Wildlife Resources Commission comments
regarding the Nahunta Site Specific Wetland and Stream Mitigation Plan. The comments below reflect
that we have adopted the resource agencies' comments and, therefore, we intend to file for the 401/404
permits and fmalize the Nahunta Site Specific Wetland and Stream Mitigation Plan. Unless we hear from
you to the contrary, our intentions are to produce the permits and documents within the next three weeks.
John Hennessey Letter (dated September 22, 2003)
General Comments, Stream Geomorphic Tables: Tables 3-1 through 3-6 have been edited to
include approximations for specific design entrenchment ratios (ER). ER's are summarized below
for the design reaches:

Design Reach Existing
Entrenchment
Ratio Design
Entrenchment
Ratio
Reach 1 -9.5 - 65
Reach 2 -4.2 - 37
Reach 3 -15.8 - 25
Reach 4 - 11 -19
Reach 5 -1.5 - 39
Reach 6 -16.1 37
General Comments, Conservation Easement: A conservation easement for the site will be
recorded upon completion of construction activities. The conservation easements for the Nahunta
Properties will follow the same format and language that were approved by the MBRT for the
Westbrook Wetland and Stream Mitigation Site. A copy of the approved conservation easement
language for the Westbrook site is attached as Attachment A.
Page 1 of 16
General Comments, Planting Plan: A final planting plan will be submitted to NCDWQ prior to
the site being planted. It is likely that there will be minor changes in the species list due to current
availability of plants.
Monitoring, Annual Report: The annual monitoring report will include a debit/credit ledger of
mitigation credits.
Monitoring, Geomorphic Stream Monitoring: The wording used in the mitigation plan may have
been confusing. We are proposing two cross-sections per 1,000 feet of stream, or in other words,
a cross-section every 500 feet. Cross-sections will alternate between riffles and pools. Additional
photographic monitoring of the stream will be added. Paragraph 6 of Page 5-4 has been edited to
read:
"Two (2) permanent cross-sections will be installed per 1,000 linear feet of stream
restoration work, with one (1) located at a riffle cross-section and one (1) located at a pool
cross-section. In general, cross-sections will be spaced approximately 500 feet apart. Each
cross section will be marked on both banks with permanent pins to establish the exact
transect used. A common benchmark will be used for cross-sections and consistently used
to facilitate easy comparison of year-to-year data. The annual cross section survey will
include points measured at all breaks in slope, including top of bank, bankfull, inner berm,
edge of water, and thalweg. Riffle cross sections will be classified using the Rosgen stream
classification system. "
The targeted hydrologic success criteria for the Nahunta project has been changed to indicate a
hydroperiod of 12.5% of the growing season or greater. Also, as recommended, use of the
reference site to define site success criteria has been included. Paragraph 4 of Page 4-1 has been
changed to read:
"Hydrology will be monitored through the use of monitoring wells during each growing
season for the first five years of hydrologic monitoring, or until success criteria have been
met, whichever occurs later. To meet the hydrologic success criteria, the monitoring data
must show that for each normal year within the monitoring period, the site has been
inundated or saturated within 12 inches of the soil surface for a minimum of 12.5% of the
growing season (31 consecutive days). WETS tables for Wayne County will be utilized to
determine normal precipitation. If the restored site is inundated or saturated within 12
inches of the soil surface for less than 12.5% of the growing season (31 consecutive days),
but the post-restoration monitoring data reflects that the site meets applicable Corps
criteria for wetlands, then the Corps and the MBRT may consider the site for mitigation of
in-kind impacts on a case-by-case basis. "
Nahunta Swamp Comments: No stream restoration practices are proposed for Nahunta Swamp
itself, nor are there any plans for future restoration. Additional cuts in the levee along Nahunta
Swamp are not proposed at this time, since there are several existing cuts in the levee that allow
flooding. Also, overbank flooding of Nahunta will occur up the smaller tributaries which are
being restored as part of this project.
In essence, buffers are being established along all project properties that border Nahunta under
the current mitigation plan. These areas adjacent to Nahunta will be planted as part of the wetland
restoration efforts and as such, will be protected in perpetuity for a distance of greater than 50 feet
from the top of the Nahunta streambank.
Tapp Tract, Wetlands: The drainage effect of Nahunta Swamp was taken into account when
assessing potential restoration areas presented in the mitigation plan report. As shown in Figures
Page 2 of 16
3.1 through 3.5, the proposed restoration areas are offset from Nahunta Swamp by approximately
100 to 150 feet to take into account the drainage effect of the Nahunta Swamp channel. This
establishes the proposed wetland restoration boundary in the general areas of gauges 5, 6, and 10,
indicating that these areas will marginally wet at best.
The analysis which was performed to determine the drainage effect was not discussed in depth in
the mitigation plan. Therefore, we have prepared the following text which has been included at
the end of section 3.4 (Hydrologic Model Analyses) in the revised mitigation plan for the site:
.... "To assess the drainage effect of the Nahunta Swamp channel on the hydrology of the
proposed wetland restoration areas, DrainMod simulations were performed. The analyses
were performed using the sub-irrigation routines provided with DrainMod, which simulate
the effect of baseflow stream conditions. Since DrainMod simulates water table depth
between two ditches, the model was setup as if there were two Nahunta canals parallel to
each other, with a permanent water level approximately six feet below the average ground
surface. Surface storage parameters were changed to 4 centimeters, representing the
surface roughing and minor depressions which will be constructed on the site to store the
maximum amount of rainfall and overbank flow. All other inputs besides those that
describe the geometry of the ditches were left the same as the model simulations previously
described in this section. The spacing between the canals was then adjusted and model
simulations run until a point between the two simulated canals met minimal wetland
hydrology (5% of the growing season). In this way, the edge of the restored wetland area
was approximated as one half the ditch spacing which met minimal wetland hydrology, or
approximately 150 feet for the described model parameters. DrainMod input and output
files for these simulations are provided in Appendix 6
It should be noted that the analysis presented above is conservative and does not take into
account several hydrologic attributes which the actual restored site will experience.
DrainMod simulations cannot take into account the effect of overbank flooding events,
hillslope seepage, and perhaps most importantly, the effect of the restored stream channels
on site hydrology. The comparison between simulated conditions and actual site conditions
is presented in Figure 3.9 below. When these additional hydrologic inputs are taken into
account, it is expected that the actual drainage effect from the Nahunta Swamp canal will
be approximately 100 to 150 feet. Therefore, the restoration areas depicted in Figures 3.1
through 3.5 have been offset from Nahunta Swamp by 100 to 150 feet. "
Nahunla Swamp
---I Canal r-
Simulated Water Table
Im
Simulated
Drainage Effect
Figure 19A. Representation of DrainMod simulations used to predict drainage effect.
Page 3 of 16
Restored Stream
Actual Water Table
Nahunta Swamp
---1 Canal r--
Actual
Drainage Effect
Figure 3.913. Representation of actual hydrologic conditions of the restored site.
Weston Soil Areas: While it is true that the Weston soil areas are, in general, at a higher elevation
than most of the other restoration areas across the site, we believe that these areas can be restored
to functioning wetlands. The Weston soils are located along the topographical break-in-slope for
the Nahunta floodplain, therefore these areas historically received seepage inputs and runoff from
higher elevation areas. The primary reason that they no longer exhibit wetland hydrology is due
to the ditches and smooth topography of the agricultural fields, which allows for very little
storage of rainfall and runoff.
Note that even prior to the channelization of Nahunta Swamp, these areas would have been
several feet above the active floodplain elevation. Therefore, hydric soil indicators formed under
wetland hydrology that was driven primarily by groundwater discharge, not overbank flooding.
That is the primary reason that these areas are targeted for the restoration of non-riverine wetland
credits. Also note that many of the existing wetland areas on the site exist at elevations as much
as 10 feet higher than the Nahunta floodplain, due to hillslope seepage.
Additional DrainMod analyses were not run for the areas of Weston soils, due to the topographic
slope of these areas. DrainMod was developed for use on relatively flat, poorly drained soils and
does not sufficiently account for the effects of hillslope seepage which would drive the hydrology
of these areas.
Tapp Tract. Streams: The assessments of stream condition that were performed on September 9,
2003 were conducted using visual observations. Due to the ramifications to the project as a whole
by removing Reaches 2 and 4 from the restoration plan, EBX requested that NCDWQ revisit the
site and perform an assessment based on benthic macroinvertebrate sampling techniques. A
subsequent field visit by NCDWQ (Dave Penrose) on November 3, 2003 was conducted to
further examine the condition of these streams. Nets were used to sample Reaches 2 and 4 for the
presence of aquatic life that would indicate the status of the streams. Based on the organisms
found (see attached letter from Dave Penrose) from this more thorough analysis, it was
determined that Reaches 2 and 4 would be considered perennial and are appropriate for mitigation
credit. Therefore, we propose that Reaches 2 and 4 remain within the mitigation plan for the
project site.
The Radius of Curvature ratios for all design reaches on the project will be adjusted to a
minimum Rc/Wbkf value of 2.0.
Page 4of16
In addition, we are attaching jurisdictional wetland determination forms (Attachment B) which were
prepared for the wetland preservation areas of the site. These forms were requested during the on-site visit
on September 9, 2003.
If I can be of any further assistance, please do not hesitate to contact me at 410-356-5159 (x224).
Very Truly Yours,
George W. Kelly
Page 5 of 16
Circulation List:
Mr. David W. Lekson, Chief
Washington Regulatory Field Office
Department of the Army
Wilmington District, Corps of Engineers
P. O. Box 1000
Washington, NC 27889-1000
[phone] x 22
Mr. Bill Biddlecome
Washington Regulatory Field Office
Department of the Army
Wilmington District, Corps of Engineers
P. O. Box 1000
Washington, NC 27889-1000
[phone] x 31
Ms. Becky Fox
U.S. Environmental Protection Agency
Wetland Section
1349 Firefly Road
Whittier, NC 28789
[phone]
Mr. Gary Jordan
U.S. Fish and Wildlife Service
551-F Pylon Drive
Raleigh, NC 27606
Mr. Travis W. Wilson
Eastern Region Highway Project Coordinator
Habitat Conservation Program
NC Wildlife Resource Commission
1142 I-85 Service Road
Creedmoor, NC 27522
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, NC 28516
Mr. John Dorney
Water Quality Section
Division of Environmental Management
NCDENR
1650 Mail Service Center
Raleigh, NC 27699-1650
[phone]
Mr. Kevin Tweedy
Buck Engineering PC
8000 Regency Parkway, Suite 200
Cary, NC 27511
[phone]
Mr. Chris Huysman
Wetland & Natural Resource Consultants, Inc.
P. O. Box 224
11 South College Avenue, Suite 206
Newton, NC 28658
[phone]
Mr. John Hennessy
NC DWQ 401-Wetlands Unit
4401 Reedy Creek Road
Raleigh, NC 27607
[phone]
Page 6of16
ATTACHMENT A
CONSERVATION EASEMENT APPROVED FOR THE WESTBROOK LOWGROUNDS
STREAM AND WETLAND MITIGATION SITE, JOHNSTON COUNTY
Drawn by and after
RECORDING RETURN TO:
DAN E. PERRY
P. O. DRAWER 1475
KINSTON, NC 28503-1475
NORTH CAROLINA
JOHNSTON COUNTY
THIS CONSERVATION EASEMENT ("Conservation Easement") made this day of
2003, by and between EBX-NEUSE I, LLC, with an address of 10055 Red Run Boulevard,
Suite 130, Owings Mills, MD 21117-4860 ("Grantor") and
NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, INC., with an address of P.O.
Box 29187, Greensboro, NC 27429-9187 ("Grantee").
The designation Grantor and Grantee as used herein shall include said parties, their personal
representatives, heirs, executors, successors and assigns, and shall include singular, plural,
masculine, feminine or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple approximately 184.49 acres of certain real
property situate, lying and being in Johnston County, North Carolina, and more particularly
described as the Conservation Easement Area in Exhibit A (the "Property");
WHEREAS, Grantor and Grantee recognize the conservation value of the Property in its
present state as a scenic, natural and rural area that has not been subject to significant
development and as a significant area that provides a "relatively natural habitat for fish, wildlife,
or plants or similar ecosystem" as that phrase is used in Section 170(h)(4)(A)(ii) of the Internal
Revenue Code;
WHEREAS, Grantor and Grantee further recognize the conservation and open space
value of the Property in its present state, the preservation of which (a) is pursuant to local, state
and federal government policy and will provide for scenic enjoyment of the general public and
(b) will yield significant public benefit;
WHEREAS, pursuant to the Mitigation Agreement between North Carolina Department
of Transportation ("NCDOT") and EBX-Neuse I, LLC, EBX-Neuse I, LLC owns the Property
and has restored or intends to restore certain wetland and stream mitigation areas on the Property
and EBX-Neuse I in turn will be using the Property to mitigate unavoidable stream and wetlands
impacts detailed in one or more permits (the "Permits") which may be issued hereafter by the
United States Army Corps of Engineers, Wilmington District (the "Corps") for wetland and / or
stream impacts by the North Carolina Department of Transportation ("NCDOT"), and
Page 7of16
WHEREAS, Grantor has agreed to grant and convey a perpetual conservation easement
over the Property, thereby restricting and limiting the use of the Property on the terms and
conditions and for the purposes hereinafter set forth;
NOW, THEREFORE, for and in consideration of the covenants and representations
contained herein 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 successors and assigns, forever and in perpetuity a fully transferable
Conservation Easement of the nature and character and to the extent hereinafter set forth, over
the Property together with the right to preserve and protect the conservation values thereof, as
follows:
ARTICLE I.
PURPOSES
The purposes of this Conservation Easement are to preserve and protect the conservation
values of the Property and the natural character of the Property. To achieve these purposes, the
parties hereto agree to the conditions and restrictions set forth hereunder.
ARTICLE II.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is an
easement in gross, runs with the land, is fully assignable, and is enforceable by Grantee, its
successors or assigns, against Grantor, Grantor's personal representatives, heirs, executors,
successors and assigns, lessees, agents, invitees and licensees.
ARTICLE III.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes 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 unless otherwise authorized by the Corps:
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 and Residential Use. 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. Residential use of the Property is
prohibited.
Page 8of16
C. Industrial and Commercial Use. Industrial and/or commercial activities, including
any right of passage used in conjunction with commercial or industrial activity, are prohibited on
the Property.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, and
horticultural use of the Property is prohibited.
E. Silvicultural Use and Land Clearing. There may be no destruction or cutting of
trees or plants on the Property, except to control insects and disease or except as otherwise
provided herein.
F. Signage. Display of billboards, signs or advertisements is prohibited on or over
the Property, except the posting of no trespassing signs, signs identifying the conservation values
of the Property or other permitted use of the Property and/or signs identifying the Grantor as
owner of the Property and Grantee as the holder of a Conservation Easement on the Property.
G. 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.
H. Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other
materials, and no change in the topography of the land in any manner on the Property, except to
restore natural topography or drainage patterns.
1. Water Quality and Drainage Pattern. There shall be no activities conducted on the
Property that would be detrimental to water purity or any of the plants or habitats within the
Property or that would alter natural water levels, drainage, sedimentation and/or flow in or over
the Property, or cause soil degradation or erosion.
J. Subdivision. Subdivision, partitioning, or dividing the Property is prohibited.
K. Vegetative Cutting. Cutting, removal, mowing, burning, harming or destruction
of vegetation on the Property is prohibited except: (1) in instances where such activities are
deemed necessary for the health and safety of nearby residents or the general public, but only if
such activities are approved by the Grantee, (2) when considered necessary for the continued
maintenance of wetland functions as approved by the Grantee, or (3) mowing existing paths or
roadways.
Page 9of16
ARTICLE IV.
GRANTOR'S ADDITIONAL RESERVED RIGHTS
The Grantor and its personal representatives, heirs, executors, successors and assigns
hereby reserves the right to quiet enjoyment of the Property, the rights to ingress and egress to
the Property, the right to continue such uses as exist as of the date of this grant not inconsistent
with this Conservation Easement and as shown on the survey recorded in Map Book , Page
of the Johnston County Registry and the right to sell, transfer, gift or otherwise convey
the Property in whole or in part, provided such sale, transfer, gift or conveyance is subject to the
terms of, and shall specifically reference, this Conservation Easement and written notice is
provided to Grantee in accordance with the provisions herein below.
It is expressly understood and agreed that Grantor, including but not limited to its licensees,
guests, employees, representatives, successors, heirs and assigns, retains the right and privilege,
which rights and privileges shall not be abridged and/or restricted by any conservation activities
by Grantee, its successors, heirs and assigns pursuant to this agreement, to continue wildlife
activities presently enjoyed on the Property, specifically hunting, fishing, trapping and hiking.
In the event a plan is approved by the Corps or if activities are authorized in writing by the
Corps, the Grantor, and its authorized representatives, shall have the rights to enter the Property
to undertake such authorized activities to restore, manage, maintain, enhance, and monitor
wetland, stream and riparian resources on the Property ("Authorized Activities"). These
Authorized Activities include the planting of native trees, shrubs and herbaceous vegetation,
installation of monitoring wells, utilization of heavy equipment to re-grade, refill, and prepare
the soil, modification of the hydrology of the site, and installation of natural and manmade
materials as needed to direct in-stream, above ground, and subterraneous water flow. None of the
above-listed activities may be performed without specific written authorization by the Corps,
either as the result of an approved mitigation plan or a letter authorizing the activity to be
performed.
Furthermore, it is understood and agreed that Grantor has established a farm path along the
perimeter of the area for ingress, egress and regress as well as four deer stands, two duck blinds,
a small wooden structure, and a boat ramp for the purposes of hunting and fishing (as shown on
the survey recorded in Map Book , Page , of the Johnston County Registry) to permit
Grantor to enjoy these wildlife activities. Accordingly, Grantor, including but not limited to its
licensees, guests, employees, representatives, successors, heirs and assigns, shall remain entitled
to maintain these in their present condition without regard to the other terms and conditions
contained herein.
ARTICLE V.
GRANTEE'S RIGHTS
Grantee is granted the right to preserve and protect in perpetuity the existing condition
of the Property. Consistent with these rights, Grantee may monitor the Property to ensure
compliance with the terms of the Agreement to ensure that the existing conditions of the
Property have not been altered. Grantee is also granted the right to enter the Property for the
purposes of implementing and monitoring the Property and otherwise monitoring compliance
with the term of this Agreement.
Page 10 of 16
ARTICLE VI.
ENFORCEMENT AND REMEDIES
A. Upon any breach of the terms of this Conservation Easement by Grantor, its
agents, personal representatives, heirs, executors, successors, or assigns, which comes to the
attention of the Grantee, the Grantee may notify the Grantor in writing of such breach. The
Grantor shall have thirty (30) days after receipt of such notice to undertake actions that are
reasonably calculated to promptly correct the conditions constituting such breach. If the breach
remains uncured after thirty (30) days; the Grantee may exercise any, or all, or none of the
following remedies:
1. Institute suits to enjoin any breach or enforce any covenant by temporary
and/or permanent injunctions either prohibitive or mandatory and/or to
recover any damages from injury to any conservation values protected by
this Conservation Easement, including damages for the loss of scenic,
aesthetic, historic or environmental values and attorneys fees if Grantee
prevails; and
2. Require that the land be restored promptly to the condition required by this
Conservation Easement.
B. The Grantee has the right, but not the obligation, to prevent any activity on or use
of the Property that is inconsistent with the purpose of this Conservation Easement. Grantee's
remedies shall be cumulative and shall be in addition to any other rights and remedies available
to Grantee at law or equity. If Grantee, in its sole discretion, determines that circumstances
require immediate action to prevent or mitigate significant damage to the conservation values of
the Property, the Grantee may pursue its remedies without prior notice to Grantor, but shall
exercise reasonable efforts to notify Grantor.
C. No failure on the part of Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or any other covenant, condition or provision hereof or
affect the right to Grantee to enforce the same in the event of a subsequent breach or default.
D. 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 VII.
PUBLIC ACCESS
The making and imposition of this Conservation Easement does not convey to the public
the right to enter the Property for any purpose whatsoever.
ARTICLE VIII.
EXHIBIT, DOCUMENTATION AND TITLE
A. Plat. Exhibit A, identifying the Property, is attached hereto and made a part hereof by
reference.
Page 11 of 16
B. Title. Grantor covenants and represents that Grantor is the sole owner of and is seized
of the Property in fee simple and has good right to make, declare and impose the
aforesaid Conservation Easement; that the Property is free and clear of any and all
encumbrances, except easements, leases, restrictions, rights of way, if any, and
government regulations of record.
ARTICLE IX.
MISCELLANEOUS
A. Subsequent Transfers. Grantor, for itself and his personal representatives, heirs,
executors, successors and assigns regarding the Property, further declares that the matters set
forth in this Conservation Easement shall run with the land comprising the Property and be
binding thereon, without the necessity to make specific reference to this Conservation Easement
in a separate paragraph of any subsequent lease, deed, or other legal instrument by which any
interest in the Property is conveyed.
B. 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.
C. Conservation Purpose.
1. Grantor, for itself, his personal representatives, heirs, executors, successors and
assigns, declares that this Conservation Easement is established exclusively for
conservation purposes, as defined in 26 U.S.C. Section 170(h)(4)(a).
2. Grantor declares 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 written
approval of the Grantee and the Corps.
D. Construction of Terms. This Conservation Easement shall be construed to promote the
purposes of the North Carolina enabling statute set forth in N.C.G.S. § 121-34 et seq., which
authorizes the creation of conservation easements for purposes including the conservation
purposes of this Conservation Easement, including such purposes as are defined in 26 U.S.C.
Section 170(h)(4)(A).
E. Recording. Grantee or Grantor shall record this instrument and any amendment hereto or
assignment of Grantee's rights hereunder in the Registry of Johnston County, North Carolina and
may re-record it at any time as may be required to preserve its right under this Conservation
Easement.
F. Hazardous Waste. The Grantor covenants and represents that, to the best of Grantor's
knowledge, no hazardous substance or hazardous or toxic waste exists nor has been generated,
treated, stored, used, disposed of, or deposited in or on the Property.
G. Notices. Any notices given under this Conservation Easement shall be in writing and
shall be delivered by depositing same in the U.S. Mail, certified, return receipt requested,
Page 12 of 16
postage prepaid and addressed to the parties as set forth above, or to such other addresses any
such party may establish in writing to the others, pursuant to this notice provision.
H. Amendments. This Easement may be amended only by a writing, signed by Grantor and
Grantee, subject to approval of the Corps, and any such amendment(s) shall be effective upon
recording of such writing in the Registry of Johnston County, North Carolina.
1. Severability. Should any provision of this Conservation Easement be declared by any
tribunal of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity and
enforceability of the remaining parts, terms or provisions shall not be affected thereby, and said
illegal, unenforceable, or invalid part, term, or provision shall be deemed not to be a part of this
Conservation Easement.
J. Governin Law. This Conservation Easement shall be governed by and construed in
accordance with the laws of the State of North Carolina.
K. Headings. The headings contained in this Conservation Easement are for reference
purposes only and shall not affect the meaning or interpretation hereof.
L. Eminent Domain. If the whole or any part of, or any interest in, the Property be acquired
or condemned by eminent domain or like power for any public or quasi-public use or purpose,
then this Conservation Easement shall be subject to the applicable statutory and common law
authorities regarding the condemnation, but only as to the part of the Property or interest in the
Property so taken. All damages awarded for the acquisition or condemnation of the Property, or
any part or interest therein, shall become the sole and absolute property of the owner of the
interest in land acquired or condemned by eminent domain at the time of condemnation.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns forever. The covenants
agreed to and the terms, conditions, restrictions and purposes imposed as aforesaid shall be
binding upon Grantor, Grantor's personal representatives, heirs, executors, successors and
assigns, and shall continue as a servitude in perpetuity with the Property.
IN WITNESS WHEREOF, the Grantor and Grantee hereto have set their hand and seals
and caused these presents to be executed in their respective names by authority duly given, and,
to the extent required, their corporate seal affixed, the day and year above first written.
GRANTOR:
(CORPORATE SEAL) By:
GRANTEE:
By:
(CORPORATE SEAL)
Page 13 of 16
ATTEST:
STATE OF NORTH CAROLINA, COUNTY OF JOHNSTON
I, , a Notary Public in and for the County and State
aforesaid, do hereby certify that personally came before me this day
and acknowledged that he is Secretary of , and that by authority
duly given and as an act of , the foregoing instrument was signed by
, its President, attested by himself as Secretary, and sealed with the
common seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and notaries seal this day
of , 2003.
Notary Public
My commission expires:
STATE OF NORTH CAROLINA, COUNTY OF JOHNSTON
I, , a Notary Public in and for the County and State
aforesaid, do hereby certify that personally came before me this day
and acknowledged that he is Secretary of , and that by authority
duly given and as an act of , the foregoing instrument was signed by
, its President, attested by himself as Secretary, and sealed with the
common seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and notaries seal this day
of 92003.
Notary Public
My commission expires:
Page 14 of 16
ATTACHMENT B:
WETLAND DETERMINATION FORMS FOR NAHUNTA PRESERVATION AREAS
Page 15 of 16
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: Nahunta Swamp Date: 03-07 / 2002
Applicant / Owner: EBX Neuse LLC County: Wayne
Investigator: Huysman, Bandy State: North Carolina
Do normal circumstances exist on the site? Yes ® No ? Community ID:Data 1
Is the site significantly disturbed (Atypical situation)? Yes ? No ® Transect ID:
Is the area a potential problem area? Yes ? No ® Plot ID:
(explain on reverse if needed)
VEGETATION
Dominant Plant Species Indicator Stratum Dominant Plant Species Indicator Stratum
1. Acernegundo FACW tree 9. Sambucus canadensis FACW- shrub
2. Acer rubrum FAC tree 10. Salix nigra OBL sapling
3. Ilex opaca FAC- tree 11. Boehmaria cylindrica FACW+ herb
4. Quercus phellos FACW tree 12. Arundinaria gigantea FACW herb
5. Liquidambar styracif/ua FAC+ tree 13. Impatiens capensis FACW herb
6. Quercus michauxii FACW- tree 14. Saururus cernuus OBL herb
7. Alnus serrulata FACW+ sapling 15. Osmunda cinnomomea FACW+ herb
8. Lindera benzoin FACW shrub 16. Lobelia cardinalis FACW+ herb
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). +90%
Remarks: Wet forested area adiacent to un-named tributary of Nahunta Swamp. Wetland area is a
gradation of the Nonriverine Wet Hardwood Forest and a Coastal Plain Small Stream Swamp (Schafale)

HYDROLOGY
? Recorded Data (Describe In Remarks)
? Stream, Lake, or Tide Gauge
? Aerial Photographs
? Other
® No Recorded Data Available
Field Observations:
Depth of Surface Water: q _(in.)
Depth to Free Water in Pit: j in.)
Depth to Saturated Soil: 00=8 (in.).
Wetland Hydrology Indicators
Primary Indicators:
® Inundated
® Saturated in Upper 12"
? Water Marks
? Drift Lines
? Sediment Deposits
? Drainage Patterns in Wetlands
Secondary Indicators:
® Oxidized Roots Channels in Upper 12"
® Water-Stained Leaves
? Local Soil Survey Data
? FAC-Neutral Test
? Other (Explain in Remarks)
Remarks: Wetland area visited in early spring 2002 through mid-summer 2002 and found to have
hydrology throughout the period.

DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: Nahunta Swamp Date: 03-07 / 2002
Applicant / Owner: EBX Neuse LLC County: Wayne
Investigator: Huysman State: North Carolina
Do normal circumstances exist on the site? Yes ® No ? Community ID:Data 2
Is the site significantly disturbed (Atypical situation)? Yes ? No ® Transect ID:
Is the area a potential problem area? Yes ? No ® Plot ID:
(explain on reverse if needed)
VEGETATION
Dominant Plant Species Indicator Stratum Dominant Plant Species Indicator Stratum
1.Acerrubrum FAC tree 9. Cornusamomum FACW+ shrub
2. Nyssa sylvatica FAC tree 10. Viburnum nudum FACW+ shrub
3. Quercus phellos FACW tree 11. Woodwardia areolata OBL herb
4. Quercus michauxii FACW- tree 12. Osmunda cinnomomea FACW+ herb
5. Ilex opaca FAC- tree 13. Saururus cernuus OBL herb
6. Betula nigra FACW tree 14. Impatiens capensis FACW herb
7. Sambucus canadensis FACW- shrub 15. Boehmaria cylindrica FACW+ herb
8. Salix nigra OBL shrub 16. Arundinaria gigantea FACW herb
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). +90%
Remarks: Wet forested area located between the toe of slope (high ground) and active farm field.
Wetland most closely classifies as Coastal Plain Smal l Stream Swamp (Schafale). Vegetation varies with
micro topography; innundated areas are present.
HYDROLOGY
? Recorded Data (Describe In Remarks):
? Stream, Lake, or Tide Gauge
? Aerial Photographs
? Other
® No Recorded Data Available
Field Observations:
Depth of Surface Water: 2 (in.)
Depth to Free Water in Pit:2-6 in.)
Depth to Saturated Soil: 00=6 (in.)
Wetland Hydrology Indicators
Primary Indicators:
N Inundated
N Saturated in Upper 12"
N Water Marks
? Drift Lines
N Sediment Deposits
N Drainage Patterns in Wetlands
Secondary Indicators:
N Oxidized Roots Channels in Upper 12"
N Water-Stained Leaves
? Local Soil Survey Data
? FAC-Neutral Test
? Other (Explain in Remarks)
Remarks: Area has variable topography and thus variable hydrology. Hummocks tend to be drier but
were still observed to meet hydrology criteria.
SOILS
Map Unit Name
(Series and Phase): Johnston / Wayne Co. NRCS Drainage Class: Very poorly drained
Taxonomy (Subgroup): Cumulic Humaquept Confirm Mapped Type? Yes ? No
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-16 A 10YR 3/1 / loam

Hydric Soil Indicators:
? Histosol ? Concretions
? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils
® Sulfidic Odor ? Organic Streaking in Sandy Soils
? Aquic Moisture Regime ® Listed On Local Hydric Soils List
® Reducing Conditions ® Listed on National Hydric Soils List
® Gleyed or Low-Chroma Colors ? Other (Explain in Remarks)
Remarks: Soil is most like Johnston Series as.described in the Wayne County Soil Survey (1974)
WETLAND DETEHMINAIIUN
Hydrophytic Vegetation Present? Yes ® No ?
Wetland Hydrology Present? Yes ® No[:]
Hydric Soils Present? Yes ® No ?
Is the Sampling Point
Within a Wetland? Yes ® No ?
Remarks:
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REPLY TO
ATTENTION OF:
Regulatory Division
J';?D
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-] 890
Action ID No. 200310795
SEE DISTRIBUTION
Dear Colleague:
July 17, 2003
'`LAND /wi GROUP
JUL 3 0 2003
v1ATE UAL1 E T1 h
D
Jut 1 r 2043
DIV. OF WATER QUALITY
DIRECTOR'S OFFICE
This correspondence is in reference to the proposed Nahunta Swamp Site-Specific
Wetland and Stream Mitigation Site which is a mitigation bank that is being developed for the
North Carolina Department of Transportation. The proposed mitigation site is adjacent to
Nahunta Swamp, approximately 8 miles northeast of Goldsboro, in Wayne County, North
Carolina and will be administered via a mitigation banking instrument. The purpose of this letter
is to request formal establishment of the Mitigation Bank Review Team (MBRT) for this project.
Pursuant to 60 FR 228, p.58610, 3. Agency Roles and Coordination, collectively, the
signatory agencies to the banking instrument will comprise the Mitigation Bank Review Team.
Representatives from the U.S. Army Corps of Engineers (CE), U.S. Environmental Protection
Agency (EPA), U.S. Fish and Wildlife Service (FWS), National Marine Fisheries Service
(NMFS), and the Natural Resources Conservation Service (MRCS), as appropriate given the
projected use of the bank, should typically comprise the MBRT. Additionally, it is appropriate
for representatives from State, tribal and local regulatory and resource agencies to participate
where an agency has authorities and/or mandates directly affecting or affected by the
establishment, use or operation of a bank. This may include the North Carolina Division of
Water Quality (DWQ), Division of Coastal Management (DCM), and the Wildlife Resources
Commission (WRC).
In this regard, we are inviting your agency to join the MBRT for this mitigation bank. If
you wish to participate as a member of this MBRT, you should designate a specific
representative of your agency to serve on the MBRT and notify us in writing within 30 days of
your receipt of this letter.
Thank you for your time and cooperation. If you have any questions, please contact Mr.
Michael Bell at the Washington Regulatory Field Office, telephone [phone], ext. 26.
Sincerely,
E. David Franklin
I Chief, NCDOT Team
5
1P

?y •
DISTRIBUTION:
Mr. George Kelly
Environmental Banc & Exchange, LLC
10055 Red Run Boulevard, Suite 130
Owings Mills, Maryland 2117-4860
Mr. Ronald Mikulak, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Garland Pardue
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
101 Pivers Island
Beaufort, North Carolina 28516
Mr. Alan W. Kilmek, Director
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1617 Mail Service Center
Raleigh, North Carolina 27699
Mr. David Cox
North Carolina Wildlife Resources
Commission
Post Office Box 118
Northside, North Carolina 27564
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