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BARRA FARMS PHASE II WETLAND MITIGATION BANK
WETLAND MITIGATION PLAN

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Ct TMBERLAND COUNTY, NORTH CAROLINA
CAPE FEAR RIVER BASIN
Prepared I'or.•
U.S. Anny Corps ol'Engineers. Wilmington District
acrd
Inter-Agency Review Team (IRT)
Prepared By:
Southern Produce Distributors, Inc.
Stewart Precylhe
111 West Center Street N
PO Box 130
Fasion, NC 28341
And
Land Management Group, Inc.
P.O. Box 2522
Wilmington, NC 28402
www.lmgroup.ncl
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APR 2 L 2010
DENR - WATER QUALITY
WETLANDS AND ST ORMWATER BRANCH
APRIL 2010
(4?LMG
LAND MANAGEMENT GROUP ;NC.
Environmental Consultants
April 26, 2010
Mr. Mickey Sugg
U.S. Army Corps of Engineers
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28403
RE: Barra Farms Phase II Wetland Mitigation Bank -Wetland Mitigation Plan (Updated April 2010)
Dear Mickey:
Land Management Group, Inc. (LMG) is pleased to submit the updated Wetland Mitigation Plan for the Barra
Farms Phase II Wetland Mitigation Bank located in Cumberland County, North Carolina. The attached plan
includes revisions based upon IRT member comments on the October 2009 draft. Additional copies of the
plan will be provided to other members of the IRT this week.
If you have any questions or comments regarding the enclosed mitigation plan, please telephone me at 910-
452-0001 or email me at cpreziosi @-1mgroup.net, Please notify us if you would like digital copies of the
enclosed document to facilitate distribution to IRT members.
Thank you for your continued assistance with this project.
Sincerely,
Land Management Group, Inc.
r Section Manager
encl.
wwv%Jrn-roup.net • info(-a)lmgroup.net • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402
• TABLE OF CONTENTS
EXECUTIVE SUMMARY ...............................................................................................1
1.0 SITE IDENTIFICATION AND LOCATION .................................................................2
2.0 WATERSHED CHARACTERIZATION .......................................................................2
3.0 MITIGATION GOALS .....................................................................................................3
A. Target Functions .............................................................................................................3
4.0 SITE DESCRIPTION ........................................................................................................5
A. Land Use and Vegetation ................................................................................................5
B. Soils .................................................................................................................................6
C. Drainage Network ...........................................................................................................7
D. Threatened and Endangered Species ..............................................................................8
E. Cultural Resources ..........................................................................................................8
5.0 RESTORATION PLAN ....................................................................................................9
A. Overview ......................................................................................................................... 9
B. Non-Riparian Wetland Restoration .................................................................................9
• C. Non-Riparian Wetland Enhancement and Preservation ................................................11
6.0 IMPLEMENTATION SCHEDULE ..............................................................................12
7.0 POST-CONSTRUCTION MONITORING AND MANAGEMENT ..........................14
A. Wetland Restoration Success Criteria ...........................................................................15
B. Non-Riparian Wetland Enhancement Success Criteria .................................................17
8.0 BANK OPERATION
A. Geographic Service Area ..............................................................................................18
B. Bank Sponsor ................................................................................................................20
C. Bank Credits and Financial Assurances ........................................................................20
9.0 SITE MANAGEMENT ...................................................................................................22
A. Adaptive Management ..................................................................................................22
B. Long-Term Management ..............................................................................................23
10.0 CONCLUSION ................................................................................................................23
10.0 SOURCES OF INFORMATION ...................................................................................25
•
i
•
TABLES
1. PROPOSED PLANTING PLAN
2. ACREAGE TOTALS BY SECTION
3. VEGETATION PLOTS AND WELLS BY SECTION
4. EXCLUDED WATERSHEDS OF PROPOSED GEOGRAPHIC
SERVICE AREA (LISTED AS 14-DIGIT UNITS)
5. CREDIT TYPES AND AMOUNTS (BY SECTION)
C]
FIGURES
1. VICINITY MAP
2. USGS TOPOGRAPHIC MAP
3. 2006 AERIAL WITH PARCEL BOUNDARIES
4. TIMBER STAND MANAGEMENT MAP
5. NRCS SOIL SURVEY MAP
6. NON-HYDRIC SOIL DELINEATION
7. DITCH NETWORK
8. PC/CC STATUS
9. RESTORATION PLAN
10. GRADING PLAN
10A. GRADING PLAN, SECTION ONE DETAIL
10B. GRADING PLAN, SECTION TWO DETAIL
10C. GRADING PLAN, SECTION THREE & FOUR DETAIL
11. RESTORATION HABITAT TYPE
12. MONITORING PLOT AND WELL MAP
13. PROPOSED GEOGRAPHIC SERVICE AREA (GSA)
APPENDICES
A. SITE PHOTOGRAPHS
B. SOIL BORING LOGS
C. DRAINMOD STUDY
D. LEASE INFORMATION FOR SECTION FOUR
•
ii
C?
EXECUTIVE SUMMARY
The implementation of the proposed Barra Farms Phase II Wetland Mitigation Bank (Barra II)
will provide for the restoration of a large, ecologically significant headwater wetland complex of
the outer Coastal Plain. The Barra II site is comprised of 1,838 acres of a former contiguous
Carolina bay wetland located at the headwaters of Harrison Creek (a first-order tributary of the
lower Cape Fear River). The tract has been historically converted to agricultural and
silvicultural production via site ditching and clearing. As a result of these management practices,
vast acreage of wetland habitat has been either degraded or removed entirely.
The objective of the Barra II mitigation bank is to provide suitable, high-quality wetland
mitigation for authorized impacts within the Cape Fear River Basin. Ecological uplift will be
achieved through the restoration of characteristic hydroperiods and vegetative communities. It is
• anticipated that a number of key wetland functions and values will be restored including
floodwater retention/abatement, sediment retention, nutrient transformation, and groundwater
recharge. In addition, given the scale of this project, habitat benefits will likely be realized on
both a watershed and regional level.
The proposed construction work will be conducted in two phases with planting tentatively
planned for January 2011. Based on current federal guidelines, each phase of the project will be
monitored for a period of seven (7) years. Following the monitoring phase of the project, the
conservation easement will be conveyed to the Sandhills Area Land Trust (SALT) for long-term
management and protection of the site.
•
Barra Farms Phase II Wetland Mitigation Bank 1
Wetland Restoration Plan - April 2009
• 1.0 SITE IDENTIFICATION AND LOCATION
The 1,838-acre Barra II mitigation site is located approximately 15 miles southeast of
Fayetteville, NC, immediately south of the junction of NC Highway 210 and State Road 2003
(Figure 1). In association with the Barra I mitigation bank, it includes a majority of the
headwaters of Harrison Creek, a first order tributary of the Cape Fear River Basin (refer to
Figure 2).
2.0 WATERSHED CHARACTERIZATION
The project site is located within the Cape Fear River Basin (USGS 8-digit Hydrologic Unit
03030005; DWQ Subbasin 03-06-16), a watershed experiencing relatively robust population
growth over the last thirty years. Much of the subbasin consists of managed forestry tracts and
expansive cultivated cropland. Municipalities of the watershed include Fayetteville, Hope Mills,
Raeford, and Spring Lake. Of these, Fayetteville is the largest incorporated city with
approximately 170,000 residents. Population density for the subbasin is relatively high (2,059
• persons/mil as of 2000) resulting in waters that are susceptible to impairment from nutrient
loading, high fecal coliform counts, and low ambient dissolved oxygen (DO) concentrations.
Based upon the Cape Fear River Basinwide Water Quality Plan (NC DWQ, 2000), Harrison
Creek was considered "partially supporting" due to impairment from the surrounding agricultural
operations and naturally low pH levels. As a result of this degradation, this section is currently
listed on the North Carolina 303(d) database of impaired streams (NCDWQ, 2008).
The surface water body classifications for Harrison Creek and the Cape Fear River are Class C
and WS-IV, respectively. Class C waters are defined as freshwater bodies protected for
secondary recreation, fishand aquatic life including propagation, survival, and wildlife. WS-
IV waters are freshwater bodies protected as a water supply source for surrounding
municipalities. Due to the continuing growth in the surrounding area, the City of Fayetteville
has implemented a stringent stormwater plan which utilizes best management practices (BMPs),
including riparian buffer setbacks, to help offset or minimize nutrient loading to susceptible
waters. Utilization of similar practices within agriculture operations is also being encouraged by
• NCDWQ due to continued declines in water quality.
Barra Farms Phase II Wetland Mitigation Bank 2
Wetland Restoration Plan - April 2009
• Prior to conversion to cultivated cropland, the tract of land encompassing the limits of the
restoration project area consisted of headwater wetland habitats characteristic of the Coastal
Plain. In particular, a majority of the site consisted of Carolina bay and pine savannah wetlands
forming the headwater complex of Harrison Creek. These types of wetlands support a number of
functions/values including, but not limited to the following: groundwater recharge; flood water
storage and attenuation; filtration and storage of nutrients, sediments, and/or toxic substances;
and refuge/feeding habitat for resident and migratory fauna. Since the 1960s, these functions
have been compromised through the extensive conversion practices (clearing and prescribed
drainage improvements) as well as silvicultural management of the site (ditching, bedding, clear-
cutting, etc.). The Cape Fear River and its tributaries, in particular, have exhibited significant
water quality impairments associated with low dissolved oxygen (DO), high total nitrogen (TN),
and high total phosphorus (TP). High nutrient concentrations originate from non-point source
loading associated with intensive agricultural and silvicultural practices common throughout the
watershed. These impairments are likely exacerbated by channelization of local streams and
• ditching of headwater wetlands, resulting in diminished nutrient uptake and nutrient/sediment
loading to down-gradient waters. Furthermore, hypoxic/anoxic conditions and toxic algal
blooms have contributed to various fish kills reported in the Cape Fear River over the past two
decades.
3.0 MITIGATION GOALS
The goal of the Barra Farms Phase II Wetland Mitigation Bank is to provide for the
establishment of a functioning non-riparian headwater wetland system (i.e. pocosin and pine
savannah) via the restoration, enhancement, and preservation of self-sustaining wetland habitat.
The entire site will be protected via a perpetual conservation easement. The project goals and
objectives will be achieved on a multi-spatial scale, and include the following:
• To capture and store rainfall that is being currently carried off-site by a drainage system.
• To re-establish native vegetation communities.
• To improve watershed and regional water quality; and
• • To provide wildlife habitat.
Barra Farms Phase II Wetland Mitigation Bank 3
Wetland Restoration Plan - April 2009
0 A. Target Functions
The proposed mitigation bank provides a unique opportunity to restore nearly the entire
headwater system of Harrison Creek. Given its landscape position, soil type, and degree of
degradation, the site is well suited for restoration. The mitigation effort will provide and/or
significantly uplift a number of wetland functions that have been either significantly impacted or
removed entirely through anthropogenic impacts. Specific functions beneficially affected by the
project include:
Nutrient Removal/Transformation - Large scale agricultural operations within the tract serve
as a source of elevated nutrients (principally nitrogen and phosphorous) to downstream
waters. Nutrient loading may manifest itself in a variety of water quality impairments
including hypoxia/anoxia, aquatic weed infestations, and toxic algal blooms. Water quality
impairments, in turn, can adversely affect resident macroinvertebrate and fish assemblages.
Transformation and removal of nitrogen and phosphorous will be enhanced through dense
• restored vegetation and decreased runoff/drainage resulting from hydrologic restoration.
Flood Attenuation and Surface Water Storage - Restored wetlands will dissipate the current
rapid delivery of stormwater runoff via existing ditches and canals. Both surface and
subsurface water storage will be increased, ameliorating downstream runoff events and
associated adverse impacts.
Sediment/Pollutant Capture and Retention - Restoration of the site will reduce aerial
suspension of topsoil that often occurs with seasonal agricultural practices such as disking,
plowing, and cultivating of commodity crops. This will also reduce the erosive velocity of
runoff and channel flows. Restored wetlands will decrease sediment loading of downstream
waters. Removing the land from agricultural production will eliminate annual applications of
herbicide, pesticide, and fertilizer that commonly serve as a long-term contributor to water
quality impairments.
E
Barra Farms Phase II Wetland Mitigation Bank 4
Wetland Restoration Plan - April 2009
• Groundwater Discharge and Recharge - Restoration of typical hydroperiods will allow the
restored wetlands to increase infiltration and reduce surface runoff. Shallower and longer
hydroperiods will help prolong base flow in the headwater riparian areas down gradient of
the site.
Wildlife Habitat - The restoration of such a large functioning wetland will provide for
improved feeding and refuge habitat for a variety of resident and transient fauna. As stated
earlier, the site presents a unique opportunity to provide for the restoration of nearly the
entire headwater complex of Harrison Creek. Doing so will provide important habitat
connectivity from the upper watershed of the creek south toward the Cape Fear River
corridor and to the South River corridor.
These restored functions are likely to have discernible benefits to water quality and habitat on a
local and regional level. The filling of ditches has been shown to be essential to the recovery of
such ecosystems (De Steven and Toner, 2004). The lower Cape Fear River Basin is particularly
• susceptible to the loss of wetland function and associated watershed impacts due to increased
development pressure in combination with existing intensive site management practices
associated with large-scale farming in this region of eastern North Carolina. The restoration of
an expansive non-riparian wetland system will help to replace the wetland functions critical to
water quality and wildlife habitat in the area.
4.0 SITE DESCRIPTION
A. Land Use and Vegetation
Former wetland habitats have been degraded or removed entirely via historical site agricultural
and silvicultural practices. Of the approximate 1,838-acre site, approximately 1,081 acres of
prior Carolina bay and pine savannah habitat has been historically ditched and drained. Much of
this acreage was previously cleared and converted to cropland (refer to Figure 3 for an aerial
photograph of existing conditions).
•
Barra Farms Phase II Wetland Mitigation Bank 5
Wetland Restoration Plan - April 2009
• The remaining areas (approximately 757 acres) consist of jurisdictional wetlands in varying
conditions. Some areas of wetlands remain relatively undisturbed as evidenced by mature
canopy wetland species (including bald cypress and pond pine). In other areas, natural
vegetative assemblages have shifted toward a loblolly-pine dominated community. Bay species
such as loblolly bay (Gordonia lasianthus) and red bay (Persea borbonia) are still prevalent in
the understory. However, characteristic canopy species such as pond pine (Pinus serotina), bald
cypress (Taxodium distichum), and Atlantic white cedar (Chaemycyparis thyoides) are sparse or
absent. Large areas of forested wetlands occur both to the north of the existing agricultural fields
and to the south of the Barra I bank site. Forested areas consist of varying stand age and
composition as identified in Figure 4. Volunteers of sweet gum (Liquidambar styraciflua), red
maple (Acer rubrum), fetterbush (Lyonia lucida), and gallberry (Ilex glabra) are common within
recently logged areas. In general, areas that are influenced by drainage effect of ditches exhibit a
drier-end species assemblage. Species indicative of slightly drier conditions resulting from
drainage (and not typically found in Croatan muck soils) include sweet gum, winged sumac
(Rhus copallinum), loblolly pine (Pinus taeda), bracken fern (Pteridium aquililum), and dog
• fennel (Eupatorium capillifolium). Refer to Appendix A for photographs documenting existing
site conditions.
On-going silvicultural activities on the tract include ditching, construction of temporary forestry
roads, and logging. It should be noted that these activities are exempt from Clean Water Act
(CWA) Section 404 permitting with an approved forestry plan. Therefore, such practices
continue on Barra II even within jurisdictional 404 wetlands. Such land-use activities are
evidence that natural wetland functions continue to be compromised on the tract even within
jurisdictional areas and highlight the importance of the preservation component of the mitigation
site.
B. Soils
The soils of the tract are mapped primarily as a Croatan muck series by the Natural Resources
Conservation Service (MRCS; 1984; Figure 5). Site evaluations by licensed soil scientists of
Land Management Group, Inc. (LMG) confirmed this map unit over a majority of the site
• (Appendix B). During these evaluations, extensive oxidation of surficial organics was also
Barra Farms Phase II Wetland Mitigation Bank 6
Wetland Restoration Plan -April 2009
• observed throughout the site. This oxidation is likely a result of on-site drainage, which has
reduced the duration of anoxic events within the soil profile, allowing for an increase in
microbial decomposition. In its natural condition, Croatan muck consists of very poorly drained
organic soils. These soils typically have an organic surface and subsurface to depths of two to
three feet. These surface layers are underlain by loamy sand to sandy loam substrata.
Smaller perimeter areas of the tract are mapped as Torhunta and Leon soils. The Torhunta series
consists of very poorly drained soils which occur in broad interstream areas. The Leon series
consists of poorly drained soils of broad interstream flats and depressions. Surface runoff for
these soils is slow. These soil series have been defined within areas targeted for wet pine
savannah restoration (approximately 9 acres). Site evaluations also confirmed the presence of
drier soil series occurring in slightly higher landscape positions, generally associated with the
perimeters of the Carolina bays. The non-hydric soil boundary has been delineated by a licensed
soil scientist of LMG. These natural upland areas comprise approximately 24 acres within
Section Three of the proposed bank site. Please refer to Figure 6 for the location and extent of
is these non-hydric soils.
C. Drainage Network
Surface elevations of the tract range from 115-120 ft above mean sea level (MSL). The natural
flow gradient is to the south toward Harrison Creek. Initial clearing and ditching of the tract
began in the mid 1960's in order to convert Harrison Creek Bay into agricultural fields. A
system of lateral and collector ditches was installed throughout the farm in the 1970's (Figure 7).
The drainage network consists of two to four foot deep lateral (i.e. tertiary) open ditching on an
approximate 300-ft spacing, which connect to four to six foot deep collector (secondary) ditches,
ultimately draining off-site through large (six to eight feet deep) canals.
Long-term drainage of cultivated fields and managed pine stands has significantly impacted
wetland hydrology across much of the site. There are approximately 73,800 linear feet
(equivalent to 14.0 miles of lateral ditches on the tract. An additional 65,300 linear feet (-12.4
miles) of connector ditches and canals drain the property. All of the artificial drainage is in a
• southwesterly direction to an outlet canal which drains to Harrison Creek through a water control
Barra Farms Phase II Wetland Mitigation Bank 7
Wetland Restoration Plan - April 2009
• such, the Historic Preservation Office has determined the area to be of low probability in terms
of significant archeological resources.
5.0 RESTORATION PLAN
A. Overview
The mitigation effort will consist of restoration, enhancement, and preservation of non-riparian
headwater wetlands (Carolina bay and wet pine savannah). The location and extent of these
areas is depicted in Figure 9. The entire mitigation bank will be preserved in perpetuity through
the conservation easement deed recorded for each section of the Phase II bank site. In general,
restoration activities will be achieved via the re-establishment of characteristic wetland
hydroperiods in areas acutely impacted by prior site ditching. The areas currently under
agricultural production will also be replanted with native species. Current wetland areas
influenced by site drainage will be enhanced via the effective removal of the drainage network.
Relatively undisturbed wetlands located further away from any drainage influence (i.e. forested
• blocks in the northern areas of Section Two) will be preserved via the conservation easement
deed. More specific information regarding the proposed methods of restoring, enhancing, and
preserving wetland habitats within the bank site are provided below.
B. Non-Riparian Wetland Restoration
A total of 1,027 acres have been targeted for non-riparian wetland restoration. A majority of this
acreage is currently managed for agricultural production. Additional restoration areas occur in
locations affected by prior silvicultural management. Restoration will include the plugging of
the outlet of the small lateral ditches within the fields and installing larger plugs within specific
locations within collector ditches and canals to eliminate outflow. The following types of non-
riparian wetland communities will restored as part of the comprehensive watershed restoration
project: (1) Pocosin (non-riparian) and (2) Pine Savannah (non-riparian) (NCWAM 2007). The
location and extent of these communities has been identified based upon the presence of suitable
soils and landscape position.
•
Barra Farms Phase II Wetland Mitigation Bank 9
Wetland Restoration Plan - April 2009
• Gradin age nd Hydrologic Restoration: The proposed mitigation bank includes the restoration of
wetland hydrology to 974 acres of former wetland habitat (Figure 9). Note that areas within a
300-ft offset of the existing western boundary canal of Sections Two and Four are not included
within the acreage to be restored. Wetland hydrology will be re-established via backfilling
and/or plugging of ditches in strategic locations of the drainage network (refer to Figure 10).
Finer material will be used for the strategic plug locations. In addition, any remaining material
from existing road beds will be backfilled into the collector canals. Doing so will effectively
remove drainage influences and allow for the re-establishment of characteristic hydroperiods.
Source material for ditch and canal plugs will be principally derived from the existing road
network. In larger canals, clay plugs will be used at critical outlets. In existing forested blocks,
ditches will be completely backfilled utilizing the side-cast material that was used to build the
forestry roads. The area of the existing road bed will be returned to its original grade and re-
planted (Figure 10).
Grading work will be initiated in the lateral ditches of the fields prior to installation of plugs
• within the larger collector ditches and canals. Each terminal outlet of the lateral field ditches
will be plugged and stabilized. Fields will be disked to improve surface roughness and promote
surface water storage and infiltration (rather than surface run-off). Grading in the fields will be
limited due to the lack of significant field crowning. The existing road beds will be used for
source material of plugs. In the collector ditches and canals, larger plugs (50 to 100 ft in length)
will be installed utilizing clay material (Figure 10). These plugs will be reinforced with filter
fabric and riprap on both the up-gradient and down-gradient ends. Final fill elevations of all
plugs on site will be packed down and of the same elevation as the adjacent ground. Note that
the large western boundary ditch will be left open to prevent hydraulic trespass on adjacent
properties.
Vegetative Restoration: The project will restore characteristic vegetation communities of former
pocosin (i.e. Carolina bay) and wet pine savannah habitats (Figure 11). The boundaries of these
communities have been identified based upon differentiation of soil units and landscape position.
The Carolina bay wetlands occur within relatively lower landscape positions consisting
• predominantly of Croatan muck soils. Near the perimeter of the bay, sandier spodisols (i.e. Leon
Barra Farms Phase II Wetland Mitigation Bank 10
Wetland Restoration Plan - April 2009
• fine sand) occur in slightly higher topographic positions. These areas would in undisturbed
conditions support wet pine savannah communities. The pocosin habitat type will comprise
approximately 965 acres of the restored area. The species planted will include bald cypress
(Taxodium distichum); Atlantic white cedar (Juniperus virginiana); pond pine (Pinus serotina);
sweet bay (Magnolia virginiana); red bay (Persea palustris); and water tupelo (Nyssa aquatica).
The remaining 9 acres of the wet pine savannah habitat will be planted predominantly with long
leaf pine (Pinus palustris). Other characteristic wetland species are expected to recruit into the
restored wetlands. All tree seedlings will be planted on nine foot spacings (equivalent to a
density of 538 stems/acre). Note that pond pine seedlings will be tagged with aluminum labels -
thus allowing for accurate identification and distinction from loblolly pine during the monitoring
period. It should also be noted that an additional 24 acres of Section Three (currently within PC
fields) will be planted with longleaf pine (refer to Figure 11). This area is considered to be
uplands, but is believed to benefit the overall restoration effort of the site. See Table 1 for
specific planting information.
• C. Non-Riparian Wetland Enhancement and Preservation
Wetland enhancement is targeted for approximately 168 acres of the tract (Figure 9).
Enhancement areas consist of existing jurisdictional wetlands that have been affected by site
drainage improvements. Uncharacteristically drier conditions are evidenced through the
prevalence of facultative or drier volunteer species (such as horse-sugar, devils walking stick,
and bracken fern). Lack of primary indicators of hydrology is also evidence of drainage
influences. While these areas may meet jurisdictional criteria, they no longer exhibit
characteristic hydroperiods of peat-filled Carolina bay wetlands that would under normal (i.e.
undisturbed) conditions be seasonally saturated to the surface and/or flooded. Areas targeted for
restoration were based on a 150-ft lateral drainage effect from each ditch (in which wetland
hydrology is removed entirely). The enhancement areas extend an additional 150-ft from this
restoration perimeter and at no time are located beyond 300-ft from an existing ditch.
Existing wetlands totaling 589 acres have been targeted for wetland preservation (Figure 9). The
preservation areas consist of relatively undisturbed jurisdictional wetlands occurring within the
• northern and southern portions of the tract. Wetland hydrology of these areas remains unaltered
Barra Farms Phase II Wetland Mitigation Bank 11
Wetland Restoration Plan - April 2009
•
•
Table 1. Proposed Planting Plan
Pocosin (Carolina Bay) 965 ac Non-Ri parian Restoration
Common Name Scientific Name % Composition # Planted
Red Bay Persea borbonia 10 51,917
Sweetbay Magnolia virginiana 10 51,917
Pond Pine Pinus serotina 30 155,751
Atlantic White Cedar Chamaecyparis thyoides 10 51,917
Bald Cypress Taxodium distichum 25 129,792
Black Gum Nyssa sylvatica 15 77,876

SUB-TOTAL 519,170

Wet Pine Savannah 9 Non-Ri parian Restoration
Common Name Scientific Name % Composition # Planted
Loblolly Bay Gordonia lasianthus 10 484
Red Bay Persea borbonia 10 484
Pond Pine Pinus serotina 10 484
Longleaf Pine Pinus palustris 50 2,421
Inkberry flex glabra 20 968

SUB-TOTAL 4,842

Upland Pine Savannah 24 Upl and Restoration
Common Name Scientific Name % Composition # Planted
Longleaf Pine Pinus palustris 100 12,912

SUB-TOTAL 12,912

GRAND TOTAL 536,386
by drainage features as the areas are located greater than 300 ft from any drainage feature. The
preservation areas consist of mixed assemblages of pond pine, loblolly pine, red bay, loblolly
bay, and red maple of varying stand ages (refer to Figure 4 depicting the varying stand age
within existing forested areas of the tract).
6.0 IMPLEMENTATION SCHEDULE
Given the size of the proposed project and the anticipated demand for credits, Barra II will be
. divided into four sections (Figure 9). Table 2 details the acreage totals for each section and
Barra Farms Phase II Wetland Mitigation Bank 12
Wetland Restoration Plan - April 2009
E
•
•
Table 2. Acreage Totals by Section
Barra Farms Regional Mitigation Bank - Phase 11
Section One Acreage
Non-Riparian Wetland Restoration 33
Non-Riparian Wetland Enhancement 31
Non-Riparian Wetland Preservation 225
Uplands/Non-Restored Areas 2
Sub-Total 291
Section Two
Non-Riparian Wetland Restoration 241
Non-Riparian Wetland Enhancement 130
Non-Riparian Wetland Preservation 348
Uplands/Non-Restored Areas 58
Sub-Total 777
Section Three
Non-Riparian Wetland Restoration 431
Long-Leaf Pine Restoration Non-Wetland 24
Sub-Total 455
Section Four
Non-Riparian Wetland Restoration 269
Non-Riparian Wetland Enhancement 7
Non-Riparian Wetland Preservation 16
Uplands/Non-Restored Areas 23
Sub-Total 315
Total Acreage 1,838
mitigation type. Upon execution of the banking instrument, the Sponsor will record a
conservation easement on Section One. Grading work in this section will be initiated upon
receipt of appropriate Section 404/401 authorizations (via Nationwide Permit #27) and
authorization from the NC Division of Land Resources (via an Erosion and Sediment Control
Permit). Planting of Section One will begin in the dormant season following the grading,
tentatively scheduled for March 2011. Initiation of restoration activities within Section Two will
depend upon market conditions. The projected timeline for this project is subject to change
based upon agency concurrence and receipt of subsequent permit authorizations.
Barra Farms Phase II Wetland Mitigation Bank
Wetland Restoration Plan - April 2009
13
• The last section (Section Four) consists of an area of existing agricultural fields that has been
recently leased for a firing range. No mitigation will be implemented in this section until such
time the lease period has expired and site evaluations confirm that there has been no adverse
impact on the land affecting its suitability for wetland mitigation. The term for the lease
agreement (executed in April 2010) is for a period of five years (with an option to extend an
additional five years). The agreement provides for strict provisions ensuring that the land upon
termination of the lease will be of the same or similar condition as of the commencement date of
the lease. Please refer to Appendix D (lease agreement and map) for more information on the
terms and conditions governing the use of the leased area. Prior to the implementation of
Section Four by the bank Sponsor and prior to the release of any credits associated with this
section, the IRT will be requested to review the area and provide concurrence of its suitability for
restoration and enhancement (as described in this mitigation plan).
Staff environmental scientists from LMG will be present during project construction of all
sections to ensure that the work is consistent with the project design. An "as-built" survey will
• be prepared to document site conditions immediately post-construction of each phase. Each
section will be monitored annually for seven years or until deemed successful, whichever is
longer (refer to Section 7.0 below for more specific information regarding site monitoring).
7.0 POST-CONSTRUCTION MONITORING AND MANAGEMENT
An annual monitoring report (AMR) will be submitted to the IRT documenting site conditions
and progress. All AMRs will provide quantitative data of vegetative success and shallow
groundwater hydrology, qualitative observations, and conclusions pertaining to mitigation site
development. Additionally, comparative hydrographs for the restoration areas will be provided.
Monitoring will be initiated upon completion of each phase of the project. Vegetative
monitoring will be conducted near the end of each growing season subsequent to site planting.
AMRs will be submitted by February 1St of each year subsequent to the fall monitoring.
As part of an adaptive management approach, the AMR will identify any contingency measures
• that may be deemed necessary to remedy any site deficiencies. Prior to any site modifications,
Barra Farms Phase II Wetland Mitigation Bank 14
Wetland Restoration Plan -April 2009
• any specific contingency measure will be identified and submitted to the USACE for their review
and concurrence prior to any action being taken. All AMRs will be in compliance with the
provisions of 33 CFR Part 332.6 (Federal Mitigation Rule, as revised April 10, 2008).
A. Wetland Restoration Success Criteria
The wetland restoration effort will be evaluated based upon performance criteria related to
vegetative density and wetland hydrology. Please note that individuals of non-planted
characteristic wetland species may volunteer into the restored area. Suitable volunteers serve as
indicators of appropriate hydrologic regimes and provide increased diversity. This diversity in
plant species is essential to restoring the microhabitats and varied food sources present in natural
wetland systems. Therefore, suitable volunteers will be counted towards the established success
criteria.
The proposed success criteria for the restored areas of Barra II are:
1. Demonstrated density of planted species to meet or exceed 320 trees per acre at the end
of three years (post planting), 260 trees per acre at the end of five years, and 210 (seven-
year old) character canopy tree species per acre at the end of seven years. The IRT may
allow for the counting of acceptable volunteer species toward the 210-tree per acre
density upon the review and evaluation of the annual monitoring data.
2. If, within the first three years, any species exhibits greater than 50% mortality, the species
will either be re planted or an acceptable replacement species will be planted in its
place.
3. The hydrologic criterion is premised on the specific community to be restored:
a. for the pocosin community, the hydrologic criterion will be the establishment of a
static water table at, or within, 12 " of the soil surface for 15% of the growing
•
Barra Farms Phase II Wetland Mitigation Bank 15
Wetland Restoration Plan - April 2009
• season (equivalent to 37 days based upon a growing season between March 15`h
and November 20`h)' during periods of normal precipitation conditions.
b. for the wet pine savannah community, the hydrologic criterion will be the
establishment of a static water table at or within 12 " of the soil surface for 6% of
the growing season (equivalent to 15 days based upon a growing season between
March 15`h and November 20`h)2 during periods of normal precipitation
conditions.
Vegetation Monitoring: The vegetation monitoring protocol is based on previously accepted
methods used for other mitigation banks of North Carolina. Specifically, two percent of the
planted areas will be monitored via the establishment of permanent 0.10 acre plots. Given the
proposed acreage, 195 sample plots will be established. Seven (7) plots will be established in
Section One. Refer to Figure 12 depicting the location of the monitoring plots for Section One.
Additional plots will be established as future sections are implemented. Monitoring plot and
• well location maps for Section Two, Section Three, and Section Four will be submitted to the
IRT prior to the implementation of each section. Refer to Table 3 for the number of monitoring
plots per section. GPS coordinates will be established for the center of each plot and will be
•
identified in the "as built" survey and subsequent AMRs. During monitoring, surviving planted
individuals and volunteer individuals will be identified and enumerated within each plot.
Table 3. Vegetation Plots and Wells by Section
Section Restoration
Acreage Enhancement
Acreage Vegetation
Plots Restoration
Wells Enhancement
Wells
One 33 31 7 7 4
Two 241 130 48 24 6
Three 431 0 86 43 0
Four 269 7 54 27 2
' Growing season identified per long-term climatological data for WETS Fayetteville (NC) station (NC3017).
Barra Farms Phase II Wetland Mitigation Bank
Wetland Restoration Plan - April 2009
16
. Hydrology Monitoring- Shallow groundwater hydrology will be monitored via seven (7)
automated groundwater monitoring wells (RDS Inc. WM-20s) located within the restoration
areas of Section One. Additional wells will be installed as future sections are implemented (refer
to Table 3). These wells will be installed in accordance with installation methodology outlined
in the Wetlands Regulatory Assistance Program (WRAP) Technical Note 00-02 (Sprecher,
2000). Water levels will be recorded once daily and the data downloaded quarterly. Data from
well downloads will be compiled and graphically displayed to demonstrate the hydroperiod of
monitored areas.
A monitoring plot and location map is provided as part of this plan (see Figure 12). It should be
noted that these locations are not randomly generated. Rather the locations are based upon a
stratified, strategic sampling method intended to be representative of different conditions of the
site.
Reference Sites: Hydrologic monitoring will also be conducted within the two preservation areas
of the property. A total of six (6) wells will be installed prior to the initiation of construction
activities. Water table data downloaded from these wells will be used to establish baseline
conditions in the event of abnormal precipitation conditions within the monitoring period. Data
will also be included in the AMR to allow for additional comparative analysis. The location of
the reference wells are depicted on Figure 12.
B. Non-Riparian Wetland Enhancement Success Criteria
A total of 168 ac of pocosin habitat has been targeted for wetland enhancement. These areas are
located directly adjacent to those targeted for restoration in forested sections of the tract. As
these areas currently maintain a suitable density of appropriate vegetative species, enhancement
will occur by re-establishing the characteristic groundwater hydrology. Natural hydroperiods
have been compromised by the presence of forestry and roadside ditches in the vicinity of these
forested blocks. Upon completion of the identified earthwork (e.g. removal of roadbeds and
plugging of outlet ditches), these areas will exhibit hydroperiods more characteristic of relatively
undisturbed pocosin habitat. As a result, the hydrologic success criterion for these areas will be
• identical to the pocosin wetland restoration portion of the project:
Barra Farms Phase II Wetland Mitigation Bank 17
Wetland Restoration Plan - April 2009
• The hydrologic criterion for the non-riparian bay forest enhancement will be the
establishment of a static water table at, or within, 12" of the soil surface for 15% of the
growing season (equivalent to 37 days based upon a growing season from March 15th
and November 20th) during periods of normal rainfall.
In order to document the hydrologic enhancement, ten (10) shallow automated wells (RDS, Inc.
WM-20s) will be installed within the identified 168 acres of proposed wetland enhancement in
Section One and Section Two. These wells will be installed in accordance with installation
methods outlined in the Wetlands Regulatory Assistance Program (WRAP) Technical Note 00-
02 (Sprecher, 2000). Water levels will be recorded once daily. Data will be downloaded from
the wells every three months (i.e. once quarterly). Data from well downloads will be compiled
and graphically displayed to demonstrate hydroperiods of monitored areas.
• 8.0 BANK OPERATION
A. Geographic Service Area
The Geographic Service Area (GSA) is the designated area within which a bank can be
reasonably expected to provide appropriate compensation for impacts to wetlands or streams
providing similar functions of that as the restored wetlands and/or streams. The restored
wetlands of Barra II will provide for the re-establishment of functions typical for non-riparian
wetlands of the Coastal Plain of North Carolina. These functions include: (1) nutrient
removal/transformation; (2) surface water storage/floodflow attenuation; (3) sediment/pollutant
capture and retention; (4) groundwater discharge and recharge; and (5) wildlife habitat. Note
that each of these functions is described in more detail in Section 3.0 of this document. Use of
the Barra II wetland mitigation site will not be suitable for riparian wetlands. The Barra II
mitigation site will, however, provide for suitable replacement of functions of headwater
wetlands (either streamhead or interstream landscape positions). These types of wetlands
commonly occur throughout the Coastal Plain.
• Based upon the direction of the IRT, the GSA includes portions of the Cape Fear River Basin
delineated by the 8 digit hydrologic units 03030004 and 03030005, excluding the 14 digit
Barra Farms Phase II Wetland Mitigation Bank 18
Wetland Restoration Plan - April 2009
• hydrologic units as identified in Table 4. The limits of the GSA are graphically depicted in
Figure 13. Pocosin and wet pine savannah habitats commonly occur throughout the proposed
GSA. Thus, permitted impacts to non-riparian wetlands occurring within the GSA will be
appropriately offset via the use of Barra II. It should be noted that pocosin wetlands, wet pine
savannahs, and Carolina bays also occur throughout the adjoining hydrologic units (including the
remaining watersheds of the lower Cape Fear River Basin). These systems are found in one of
four geologic settings which characterize a majority of the wetland systems in the Coastal Plain
of North Carolina. These settings include: (1) interstream flats lacking discernable draining
patterns; (2) Carolina bays; (3) areas of ridge/swale topography that developed from relict dune
systems; and (4) streamhead drainages that form the headwaters of first order streams in the
upper Coastal Plain (Otte, 1981). Based upon the documented presence of similarly occurring
wetland habitats outside of the designated GSA, the use of the Barra II bank site for
compensatory mitigation of impacts occurring beyond the defined limits of the GSA may be
considered and approved provided it is deemed preferable to other mitigation alternatives
identified during Section 404/401 permitting.
is
Table 4. Excluded Watersheds of Proposed GSA (listed as 14-digit units)
Excluded Watersheds of
03030004 Excluded Watersheds of
03030005
03030004010010 03030005030020
03030004010020 03030005030030
03030004010030 03030005030040
03030004020010 03030005030050
03030004020020
03030004030010
03030004040010
03030004050010
03030004050030
C]
Barra Farms Phase II Wetland Mitigation Bank 19
Wetland Restoration Plan - April 2009
• B. Bank Sponsor
The Bank Sponsor (Mr. Stewart Precythe) owns fee simple title for the entire bank site. The
Sponsor has control of all ditches affecting groundwater hydrology of the site. Since the
restoration is premised on re-establishment of groundwater hydrology via removal of ditches, all
water rights necessary for sustainability of the bank are secured through the fee simple
ownership. The Sponsor will be submitting a banking instrument under separate cover. The
instrument will provide detailed information regarding bank operation. Once the final mitigation
plan is approved and the accompanying instrument executed by members of the Interagency
Review Team (IRT), the Sponsor will record a conservation easement for Section One of the
bank site.
C. Bank Credits and Financial Assurances
Use of credits from the Bank to offset wetland and stream impacts authorized by federal permits
or state water quality certifications must be in compliance with the Clean Water Act, Section 404
(b)(1) guidelines and other applicable federal and state legislation, regulations, and policies.
Prior to release of bank credits, the following requirements will be met: (1) approval of the final
mitigation plan and execution of the instrument; (2) recordation of the conservation easement;
and (3) establishment of appropriate financial assurances. Mitigation bank credits will be
calculated using the following standard:
Mitigation Type Ratio
(1) Wetland Restoration 1:1
(2) Wetland Enhancement 2:1
(3) Wetland Preservation 5:1
Given the identified ratios for wetland restoration, enhancement, and preservation it is estimated
that 1,175 non-riparian wetland credits will be derived from the establishment of the Barra II
Wetland Mitigation Bank. Credit types and amounts are specified within Table 5 (by section).
Note that credits will not be derived from the restoration of the upland pine savannah habitat area
(24 acres). However, a 5:1 ratio for wetland preservation is proposed based upon the large
• amount of wetlands to be preserved, the connectivity of the preserved wetlands to larger
Barra Farms Phase II Wetland Mitigation Bank 20
Wetland Restoration Plan - April 2009
contiguous lands protected under both Barra I and Barra II, the restoration of contiguous upland
pine savannah habitat, and the effort of the Sponsor to incorporate additional lands that form
nearly the entire headwater complex of Harrison Creek. The Barra project represents a unique
opportunity to restore and protect in perpetuity an entire headwater system for a first-order
tributary of the Cape Fear River.
Table 5. Credit Types and Amounts (By Section)
Barra Farms Regional Mitigation Bank - Phase II
Section One Acreage Credits
Non-Riparian Wetland Restoration 33 33
Non-Riparian Wetland Enhancement 31 15
Non-Riparian Wetland Preservation 225 45
Uplands/Non-Restored Areas 2 0
Section One Sub-Total 291 93
Section Two
Non-Riparian Wetland Restoration 241 241
Non-Riparian Wetland Enhancement 130 65
• Non-Riparian Wetland Preservation 348 70
Uplands/Non-Restored Areas 58 0
Section Two Sub-Total 777 376
Section Three
Non-riparian Wetland Restoration 431 431
Long Leaf Pine Restoration (Non-Wetland) 24 0
Section Three Sub-Total 455 431
Section Four
Non-riparian Wetland Restoration 269 269
Non-Riparian Wetland Enhancement 7 4
Non-Riparian Wetland Preservation 16 3
Uplands/Non-Restored Areas 23 0
Section Four Sub-Total 315 276
GRAND TOTAL 1,838 1,175
•
Barra Farms Phase II Wetland Mitigation Bank 21
Wetland Restoration Plan - April 2009
Debiting and accounting procedures for the bank credits will be specified within the banking
instrument to be executed by the Sponsor and IRT representatives. The final, approved
mitigation plan will be incorporated by reference within the banking instrument.
9.0 SITE MANAGEMENT
A. Adaptive Management
The Barra II Mitigation Bank is planned and designed to be self-sustaining over time, but some
active management or maintenance may be necessary to ensure the long term sustainability of
the mitigation efforts. The adaptive management approach involves analysis of monitoring
results to identify potential problems occurring on the site and the identification and
implementation of measures to rectify those problems. Remedial actions may include, but are
not limited to, mechanized earth work (e.g. adjustment to the invert elevations of earthen plugs)
or supplemental planting in the event areas do not meet vegetative success criteria. Prior to
• initiating any remedial actions the proposed measures will be submitted to the USACE for
review and approval.
Performance and functioning of the mitigation site may be affected by various causative factors,
both natural and anthropogenic. Natural hazards may include invasive species and/or excessive
herbivory. Human errors may include design flaws, construction deviation, and/or inadequate
planting coverage. To minimize these potential problems, the following strategies may be
employed:
1. If herbivory appears to be jeopardizing the survivorship of planted species,
discussions with appropriate agencies will be initiated to determine an appropriate
N course of action.
2. If greater than 50% mortality is documented for any given species within the first
three years of monitoring, then the species will either be replanted or an acceptable
replacement species will be planted in its place.
• 3. Beavers will be trapped from the tract if significant damage appears to be caused by
beaver activity.
Barra Farms Phase II Wetland Mitigation Bank 22
Wetland Restoration Plan - April 2009
• 4. Construction errors will be identified as early as possible via the as-built report. If it
appears as those potential errors jeopardize the integrity of the project, appropriate
remedial action will be identified and submitted to the USACE for concurrence prior
to implementation.
5. Planting errors in spacing density or coverage will be minimized by careful
coordination with planting crews. An account of planted stems will be provided with
the as-built report.
6. If monitoring indicated a potential design flaw, remediation options will be reviewed.
7. In the event groundwater monitoring wells are damaged by bears, barb-wire fencing
and/or other acceptable deterrents may be used to protect wells from further damage.
B. Long-Term Management
:sand use and property boundaries along with the proposed mitigation plan were designed to
minimize long term management conflicts. For example, the western boundary canal will be left
open to avoid hydraulic trespass on adjacent properties. As a result, the potential for hydrologic
• and boundary conflicts have been minimized.
The current property owners will retain title to the property through the monitoring period. The
Sandhills Area Land Trust (SALT) will hold the permanent conservation easement. The
recorded conservation easement deed will ensure the protection of the project in perpetuity.
10.0 CONCLUSION
The Barra Farm property has been intensively managed for silvicultural and agricultural for
several decades. Land use practices over this period of time have resulted in the loss or
degradation of wetland habitats and the functions these systems provide. The proposed project
seeks to reverse these trends by restoring the remaining acreage of the Barra II property to the
pocosin/Carolina Bay ecosystem that existed prior to the 1970's. This would result in the
restoration of nearly the entire headwater wetland complex of Harrison Creek. Once completed,
the restoration activities will improve water quality in the surrounding area by reducing point
• source pollution currently generated by the agricultural and forestry operations. Additional
Barra Farms Phase II Wetland Mitigation Bank 23
Wetland Restoration Plan - April 2009
• benefits such as groundwater recharge, floodwater storage, and valuable wildlife habitat will also
be realized in conjunction with the project. In light of its unique landscape position and size, the
Barra II restoration project will likely generate benefits at a watershed level. This is particularly
important given the increased development pressure of the area (i.e. Fort Bragg and Fayetteville)
as well as the long-term intensive land uses associated with farming and timber management.

0
Barra Farms Phase II Wetland Mitigation Bank 24
Wetland Restoration Plan - April 2009
• 10.1 SOURCES OF INFORMATION
Code of Federal Regulations. 2008. Part 332 - Compensatory Mitigation for Losses of Aquatic
Resources. Vol.73, No. 70. pp. 19670-19705.
Cowardin, L.M., et al. 1979. Classification of Wetlands and Deep Water Habitats of the United
States. US Fish and Wildlife Service. 47 pp.
De Steven, D. and M.M. Toner. 2004. Vegetation of upper coastal plain depression wetlands:
Environmental templates and wetland dynamics within a landscape framework.
WETLANDS: 24. PP. 23-42
Griffith, G.E., et al. 2002. Ecoregions of North and South Carolina. Reston, VA. United States
Geological Survey.
Otte, L.J. 1981. Origin, development and maintenance of pocosin wetland of North Carolina.
Unpublished Report to the North Carolina Natural Heritage Program. North Carolina
Department of Natural Resources and Community Development, Raleigh. 51 pp.
Mitsch, W.J. and J.G. Gosselink. 1993. Wetlands (Second Edition). Van Nostrand. Reinhold,
New York.
• North Carolina Department of Environment and Natural Resources. 2007. North Carolina
Wetland Assessment Method, Draft Version 5.0. 183 pp.
N.C. Division of Water Quality. 2000. Watershed Restoration Plan for the Cape Fear River
Basin. Raleigh, N.C. 129 pp.
N.C. Division of Water Quality. 2001. Basinwide Water Quality Plan - Cape Fear River Basin.
Raleigh, N.C. 251 pp.
N.C. Division of Water Quality. 2008. http://h2o.enr.state.nc.us/bims/reports/reportsWB.html
Rheinhardt, R.D., Brinson, M.M., and Farley, P.M. 1997. Applying Wetland Reference Data to
Functional Assessment, Mitigation, and Restoration. Wetlands 17:195-215.
Schafale, M.P. and A.S. Weakely. 1990. Classification of the Natural Communities of North
Carolina, Third Approximation. North Carolina Natural Heritage Program Division of
Parks and Recreation. N.C. Department of Environment, Health, and Natural Resources.
325 pp.
Sprecher, S. W. 2000. "Installing Monitoring Wells/Piezometers in Wetlands," ERDC TN-
WRAP-00-02, U.S. Army Research and Development Center, Vicksburg, MS.
• U.S. Army Corps of Engineers. 2008. Regulatory Guidance Letter (RGL) 08-03.
Barra Farms Phase II Wetland Mitigation Bank 25
Wetland Restoration Plan -April 2009
Minimum Monitoring Requirements for Compensatory Mitigation Projects Involving the
Creation, Restoration, and/or Enhancement of Aquatic Resources. 6pp.
USDA-SCS. 1984. Soil Survey of Cumberland and Hoke Counties, North Carolina. 155 pp.
•

Barra Farms Phase II Wetland Mitigation Bank 26
Wetland Restoration Plan -April 2009

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•
APPENDIX A.
SITE PHOTOGRAPHS
0
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A view of dormant agricultural fields in central portion of the property.

•
•
? 4k,
sw as ,j - ',fit ltk
?f - ?; •? it :`? '? ... `j`6•. ?:? ?''? ??
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y
?-?' • ? ?? F .m1?.? .aF4 .gym
f x

Barra II
Wetland Mitigation Bank
_ LMG
December 2008

Site Documentation
Photos
A view of a typical collector ditch along the main access road.
A view of a typical lateral drainage ditch within existing agricultural fields.
0

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'
C Yd ?r?
? Pax f ?Y ?Yw r
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y,
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•
•
F,,r
A view of area targeted for wet pine flatwood restoration.
Barra II
Wetland Mitigation Bank
MLMG
Ir t:.\!?1.1 n1:.t?.,.?`II?;. Vii, ?A:1'?{+
rT
December 2008
Site Documentation
Photos
•
•
•
A view of non-tarqet veaetation to be removed
=-
Barra II
Wetland Mitigation Bank
MLMG
December 2008
or to restoration.
Site Documentation
Photos
A view of existing vegetation within preservation area.
•
APPENDIX B.
SOIL BORING LOGS
•
0
t
'ItA} w
'00"
We
T »
t
Legend
Barra Farms I Mitigation Bank "—' 1 . \,

•
•
Barra Farms
Detailed Soil Profile Descriptions
Wetland Mitigation Study
December 18, 2008
B 1 Micro Ridge 0-1 % Leon/Kureb Complex
A - 0-3" Loamy Sand, granular very friable non sticky non plastic, 10YR 3/1.
E - 3-10" Sand, granular very friable non sticky non plastic, 10YR 7/1.
Bb - 10-20" Loamy Sand, weak medium subangular blocky friable non sticky non
plastic, l OYR 2/1.
C/Bh - 20-32" Sand, single grained, loose non sticky non plastic, I OYR 3/4 with I ORY
2/1 Loamy Sand Bh bodies.
Cg - 32-48"+ Sand, single grained, loose non sticky non plastic, 10YR 4/2.
Physical Water: 31"
SHWT: 32"
B2 Micro Low 0-1% Croatan
SHWT: cr Surface
OAp - 0-17" Mucky Loam, Granular griable slightly sticky non plastic, IOYR 2/1.
OA - 17-31" Mucky Sandy Loam, massive friable slightly sticky non plastic, l OYR 2/1.
Physical Water: @ Surface
B3 Micro Ridge 0-1 % Pactolus
A - 0-9" Loamy Sand, granular very friable non sticky non plastic, 1 OYR 4/4.
C1 - 9-14" Sand, granular very friable non sticky non plastic, I OYR 5/3.
C2 - 14-21" Loamy Sand weak medium subangular blocky very friable non sticky non
plastic l OYR 6/8.
Cgl - 21-34" Sand, Single grained, loose non sticky non plastic, l ORY 6/2.
Cg2 - 34-48"+ Loamy Sand massive friable non sticky non plastic 2.5Y 511.
Physical Water: 21
SHWT: 21"
B4 Micro Low 0% Croatan
OAp - 0-9" Muck, granular friable slightly sticky non plastic, l OYR 2/1.
Oal - 9-18" Muck with few roots and organic debris, massive, friable slightly sticky non
plastic, IOYR 3/1.
Oat - 18-29" Muck, Massive, friable slightly sticky non plastic, 10YR 3/3.
C - 29-45"+ Loamy Sand, massive firm non sticky non plastic, l OYR 5/3.
Physical Water 25-29" Perched on top of compacted sand horizon.
SHWT: @ Surface.
CJ
B5 Micro Low 0% Croatan
OaI - 0-13" Muck with few fine roots and organic debris, granular friable slightly sticky
non plastic, IOYR 2/1.
Oat - 13-27" Muck, massive friable slightly sticky non plastic, l OYR 3/1.
Physical Water: cr Surface
SHWT: @ Surface
B6 Micro Low 0% Croatan
Oi - 0-4" Fiberous roots and debris.
Oe - 4-16" Muck with many roots and organic debris mostly rubbed fibers.
Oa - 16-36" Muck with few roots and debris, granular friable, slightly sticky non plastic,
l OYR 2/1.
Physical Water : 18"
SHWT: @ Surface
B7 Micro Ridge 0-1% Lynn Haven
A - 0-3" Loamy Sand, granular very fi-iable non sticky non plastic, IOYR 2/1.
E -33-10" Sand, granular very friable non sticky non plastic, 2.5Y 7/1.
Bh - 10-20" Loamy Sand, weak medium subangular blocky friable non sticky non
plastic, l OYR 3/1.
Physical Water : 6"
SHWT: <12"
• B8 Micro Low 0% Croatan
Oal - 0-8" Muck, granular friable, slightly sticky non plastic, l OYR 2/1.
Oat - 8-30" Muck, massive, friable slightly sticky non plastic, l OYR 3/1.
C - 30-36" Sand, single grained, loose non sticky non plastic, 1 OYR 4/3.
Physical Water: 6"
SHWT: @Surface.
0
•
APPENDIX C.
DRAINMOD STUDY
0
is
2ft Ditch - 300ft Spacing
5% of Growing Season -12 days
BarraCRO-LT.WET
-----------------------------------------------------
DRAINMOD version 5.1
Copyright 1980-04 North Carolina State University
-----------------------------------------------------
Barra II Mitigation Bank
Croatan Soils No Well Data, Fayetteville, NC
----------RUN STATISTICS ---------- time: 9/ 8/2009 @ 12:38
input file: C:\Drainmod\INPUTS\Barra Farms\BarraCRO-LT.PRJ
parameters: free drainage and yields not calculated
drain spacing = 9144. cm drain depth = 61.0 cm
------------------------------------------------------------------------
D R A I N M 0 D--- HYDROLOGY EVALUATION
'`'`''`** INTERIM EXPERIMENTAL RELEASE * **
Number of periods with water table closer than 30.50 cm
for at least 12 days. Counting starts on day
76 and ends on day 316 of each year
YEAR Number of Periods Longest Consecutive
of 12 days or Period in Days
more with WTD
• 30.50 cm
------------------ --------------------
1950 2. 32.
1951 0. 8.
1952 1. 17.
1953 0. 3.
1954 0. 6.
1955 2. 26.
1956 0. 10.
1957 0. 11.
1958 3. 38.
1959 2. 16.
1960 4. 14.
1961 2. 23.
1962 3. 14.
1963 1. 18.
1964 1. 19.
1965 3. 18.
1966 4. 26.
1967 0. 0.
1968 0. 0.
1969 4. 27.
1970 2. 27.
1971 2. 24.
1972 0. 0.
1973 2. 16.
1974 1. 43.
1975 0. 9.
1976 3. 12.
1977 0. 9.
• 1978 0. 3.
1979 2. 37.
Page 1
BarraCRO-LT.WET
1980 1. 23.
1981 1. 12.
1982 1. 14.
1983 1. 28.
1984 3. 35.
1985 0. 0.
1986 1. 14.
1987 1. 16.
1988 3. 27.
1989 3. 26.
Number of Years with at least one period = 28. out of 40 years.
•
E
Page 2
3ft Ditch - 300ft Spacing
5% of Growing Season -12 days
BarraCRO _LT.WET
-------------- -------------
DRAINMOD version 5.1
Copyright 1980-04 North Carolina State university
-----------------------------------------------------
Barra II Mitigation Bank
Croatan Soils No Well Data, Fayetteville, NC
--RUN STATISTICS ---------- time: 9/ 8/2009 @ 12:39
input file: C:\Drainmod\INPUTS\Barra Farms\BarraCRO-LT.PRJ
parameters: free drainage and yields not calculated
drain spacing = 9144. cm drain depth = 91.0 cm
------------------------------------------------------------------------
D R A I N M 0 D--- HYDROLOGY EVALUATION
**** INTERIM EXPERIMENTAL RELEASE ** *
Number of periods with water table closer than 30.50 cm
for at least 12 days. Counting starts on day
76 and ends on day 316 of each year
YEAR Number of Periods Longest Consecutive
of 12 days or Period in Days
more with WTD
< 30_50 cm
------- ------ --------------------
1950 1. 30.
1951 0. 7.
1952 0. 6.
1953 0. 2.
1954 0. 0.
1955 2. 25.
1956 0. 3.
1957 0. 9.
1958 2. 30.
1959 0. 6.
1960 2. 13.
1961 1. 14.
1962 1. 12.
1963 0. 7.
1964 0. 9.
1965 3. 16.
1966 1. 12.
1967 0. 0.
1968 0. 0.
1969 2. 26.
1970 1. 20.
1971 1. 16.
1972 0. 0.
1973 0. 5.
1974 2. 24.
1975 0. 3.
1976 0. 11.
1977 0. 7.
• 1978 0. 0.
1979 1. 32.
Page 1
BarraCRO-LT.WET
1980 0. 8.
1981 0. 11.
1982 0. 2.
1983 1. 21.
1984 0. 10.
1985 0. 0.
1986 0. 8.
1987 0. 7.
1988 1. 15.
1989 2. 16.
Number of Years with at least one period = 16. out of 40 years.
0
•
Page 2
4ft Ditch - 300ft Spacing
5% of Growing Season -12 days
- --- ----- _WET
RO-LT
-------------
DRAINMOD version 5.1
Copyright 1980-04 North Carolina State University
-----------------------------------------------------
Barra II Mitigation Bank
Croatan Soils No Well Data, Fayetteville, NC
----------RUN STATISTICS ---------- time: 9/ 8/2009 @ 12:40
input file: C:\Drainmod\INPUTS\Barra Farms\BarraCRO-LT.PRJ
parameters: free drainage and yields not calculated
drain spacing = 9144. cm drain depth = 121.0 cm
------------------------------------------------------------------------
D R A I N M 0 D--- HYDROLOGY EVALUATION
****** INTERIM EXPERIMENTAL RELEASE ::*****
Number of periods with water table closer than 30.50 cm
for at least 12 days. Counting starts on day
76 and ends on day 316 of each year
YEAR Number of Periods Longest consecutive
of 12 days or Period in Days
more with WTD
• 30
-------_50 cm
------------------ --------------------
1950 0. 10.
1951 0. 0.
1952 0. 0.
1953 0. 0.
1954 0. 0.
1955 2. 14.
1956 0. 0.
1957 0. 8.
1958 0. 10.
1959 0. 0.
1960 1. 12.
1961 0. 6.
1962 0. 3.
1963 0. 0.
1964 0. 0.
1965 1. 13.
1966 0. 7.
1967 0. 0.
1968 0. 0.
1969 1. 16.
1970 0. 8.
1971 0. 7.
1972 0. 0.
1973 0. 0.
1974 1. 16.
1975 0. 0.
1976 0. 6.
1977 0. 1.
1978 0. 0.
1979 0. 3.
Page 1
BarraCRO-LT.WET
1980 0. 0.
1981 0. 9.
1982 0. 0.
1983 1. 19.
1984 0. 9.
1985 0. 0.
1986 0. 6.
1987 0. 0.
1988 0. 6.
1989 1. 12.
Number of Years with at least one period = 7. out of 40 years.
r 1
U
0
Page 2
4ft Ditch - 500ft Spacing
5% of Growing Season -12 days
BarraCRO-LT.WET
• -----------------------------------------------------
DRAINMOD version 5.1
Copyright 1980-04 North Carolina State University
-----------------------------------------------------
Barra II Mitigation Bank
Croatan Soils No Well Data, Fayetteville, NC
---RUN STATISTICS ---------- time: 9/ 8/2009 @ 12:23
input file: C:\Drainmod\INPUTS\Barra Farms\BarraCRO-LT.PRJ
parameters: free drainage and yields not calculated
drain spacing = 15240. cm drain depth = 122.0 cm
------------------------------------------------------------------------
D R A I N M 0 D--- HYDROLOGY EVALUATION
***** INTERIM EXPERIMENTAL RELEASE *****
Number of periods with water table closer than 30.50 cm
for at least 12 days. Counting starts on day
76 and ends on day 316 of each year
YEAR Number of Periods Longest consecutive
of 12 days or Period in Days
more with WTD
• 30.50 cm
------------------ --------------------
1950 2. 34.
1951 0. 7.
1952 1. 25.
1953 0. 4.
1954 0. 3.
1955 2. 27.
1956 0. 4.
1957 1. 13.
1958 3. 39.
1959 0. 10.
1960 1. 29.
1961 2. 20.
1962 3. 17.
1963 0. 8.
1964 0. 8.
1965 3. 19.
1966 4. 31.
1967 0. 0.
1968 0. 0.
1969 4. 29.
1970 2. 30.
1971 3. 35.
1972 0. 0.
1973 2. 24.
1974 1. 41.
1975 0. 10.
1976 3. 14.
1977 0. 11.
• 1978 0. 4.
1979 2. 37.
Page 1

• 1980 BarraCRO-LT.WET
1.
24.
1981 1. 13.
1982 0. 5.
1983 1. 40.
1984 3. 36.
1985 0. 0.
1986 0. 11.
1987 1. 17.
1988 3. 28.
1989 4. 25.
Number of Years with at least one period = 24. out of 40 years.
C7
•
Page 2
5ft Ditch - 500ft Spacing
5% of Growing Season -12 days
BarraCRO-LT.WET
--------------- -----------------------------
DRAINMOD version 5.1
Copyright 1980-04 North Carolina State University
-----------------------------------------------------
Barra II Mitigation Bank
Croatan Soils No Well Data, Fayetteville, NC
----------RUN STATISTICS ---------- time: 9/ 8/2009 @ 12:25
input file: C:\Drainmod\INPUTS\Barra Farms\BarraCRO-LT.PR7
parameters: free drainage and yields not calculated
drain spacing = 15240. cm drain depth = 152.0 cm
------------------------------------------------------------------------
D R A I N M 0 D--- HYDROLOGY EVALUATION
INTERIM EXPERIMENTAL RELEASE :: * ;: ;; *
Number of periods with water table closer than 30.50 cm
for at least 12 days. Cou nting starts on day
76 and ends on day 316 of each year
YEAR Number of Periods Longest Consecutive
of 12 days or Period in Days
more with WTD

------_50 cm
30
- ------

--------------------
1950 1. 26.
1951 0. 0.
1952 1. 17.
1953 0. 4.
1954 0. 0.
1955 2. 26.
1956 0. 0.
1957 0. 10.
1958 3. 38.
1959 0. 8.
1960 1. 28.
1961 2. 20.
1962 0. 11.
1963 0. 2.
1964 0. 0.
1965 2. 18.
1966 3. 26.
1967 0. 0.
1968 0. 0.
1969 2. 28.
1970 1. 27.
1971 1. 35.
1972 0. 0.
1973 0. 8.
1974 1. 40.
1975 0. 8.
1976 2. 12.
1977 0. 9.
1978 0. 2.
1979 2. 36.
Page 1
BarraCRO-LT.WET
• 1980 1. 20.
1981 1. 12.
1982 0. 0.
1983 1. 31.
1984 3. 15.
1985 0. 0.
1986 0. 8.
1987 0. 3.
1988 3. 23.
1989 2. 18.
Number of Years with at least one period = 20. out of 40 years.
•
•
Page 2
6ft Ditch - 500ft Spacing
5% of Growing Season -12 days
------ ----- _WET
RO-LT
-------------
• DRAINMOD version 5.1
Copyright 1980-04 North Carolina State University
-----------------------------------------------------
Barra II Mitigation Bank
Croatan Soils No Well Data, Fayetteville, NC
----------RUN STATISTICS ---------- time: 9/ 8/2009 @ 12:27
input file: C:\Drainmod\INPUTS\Barra Farms\BarraCRO-LT.PRJ
parameters: free drainage and yields not calculated
drain spacing = 15240. cm drain depth = 183.0 cm
------------------------------------------------------------------------
D R A I N M 0 D--- HYDROLOGY EVALUATION
•**** INTERIM EXPERIMENTAL RELEASE °• ••
Number of periods with water table closer than 30.50 cm
for at least 12 days. Counting starts on day
76 and ends on day 316 of each year
YEAR Number of Periods Longest Consecutive
of 12 days or Period in Days
more with WTD
. < 30_50 cm
------- -------- --------------------
1950 1. 16.
1951 0. 0.
1952 0. 2.
1953 0. 3.
1954 0. 0.
1955 1. 26.
1956 0. 0.
1957 0. 0.
1958 2. 38.
1959 0. 7.
1960 2. 14.
1961 0. 9.
1962 0. 3.
1963 0. 0.
1964 0. 0.
1965 2. 17.
1966 2. 16.
1967 0. 0.
1968 0. 0.
1969 2. 28.
1970 1. 13.
1971 1. 13.
1972 0. 0.
1973 0. 3.
1974 1. 38.
1975 0. 5.
1976 0. 9.
1977 0. 8.
1978 0. 0.
1979 2. 18.
Page 1
BarraCRO-LT.WET
• 1980 0. 0.
1981 0. 11.
1982 0. 0.
1983 1. 28.
1984 1. 12.
1985 0. 0.
1986 0. 3.
1987 0. 1.
1988 2. 20.
1989 1. 17.
Number of Years with at least one period = 15. out of 40 years.
•
•
Page 2
C
APPENDIX D.
FIRING RANGE LEASE INFORMATION
E
0
NORTH CAROLINA
*DUPLIN COUNTY
REAL ESTATE LEASE AGREEMENT
THIS LEASE AGREEMENT is made as of the 1.4th day of April, 2010 between
SOUTHERN PRODUCE DISTRIBUTORS, INC., hereinafter referred. to as "Landlord", and
TIGERSWAN, INC., hereinafter referred to as "Tenant",
WITNESSETH THAT WHEREAS, the Landlord now desires to lease the Premises (as
hereafter defined) to the Tenant, and the Tenant now desires to leas he Premises m bjo this he a dlord
Both parties desire to memorialize the terms of this real estate lease
Lease Agreement (the "Lease"), based. upon the terms, conditions and stipulations hereinafter, so
provided.
NOW, THEREFORE, in consideration of the Premises, and in consideration of the
and
payments and mutual promises made br of which i is hereby ackno?ledand fr other gedatlte part?es hereto
valuable consideration, the receipt and sufficiency
hereby covenant, stipulate and agree as follows:
Section I. TERM OF LEASE.
1.01 The term of this Lease is for a period of five (5) years (the "Lease Term.") The
• Lease Term shall commence on May I", 2010 (the "Commencement Date") and shall expire on April
30'x', 2015 unless extended in accordance vith the terms herein.
1.02 Prm-rided tenant is not in. default. Landlord hereby grants Tenant one (1) five (5)
year option to renew the Lease Term ("Renewal Terrn"). Unless otllervVi.se set forth herein, all terms a.nd.
conditions of this Lease shall, remain in effect during both the Lease Term and the optional Renewal.
Tenn.
Section IA. IDENTIFICATION OF PREIVIISES i1ND SIGNAGE:
1.03 The premises being identified, as vacant real estate located in Cedar Creek
Tovamship, Cumberland County, North Carolina, more particularly identi? ed and described on the
attached Exhibit "A"., together with a non-exclusive right of ingress, egress and regress over the existing
access road, that runs along the eastern boundary of said premises ("Premises").
1.04 Tenant shall be permitted to install reasonable signage at the entrance of the
access road to the public highway, subject to land,lord.'s prior approval thereof.
Section 2. F.ENT AND MANNER OF PAYMENT.
2.01 The annual rental amount isTenant shall pay Landlord iitl manth.ly
installments of1@? ("Rent") throughout the Lease Term. Rent payments shall commence on the
0
earlier of the date Tenant takes possession of the Premises or May 1; 2010, whichever comes first. If
first payment is not on the first day of the month then payment shall be prorated for that month. All
. subsequent payments shall be due on the first day of each month.
2.02 If exercised by Tenant, the Renewal. Term rent then due shall be adjusted by a
percentage of such dollar amount equal to the percentage increase, if any, in the C.F.I. for the second
month 11,11mediately preceding that Renewal. Term over the C.P.I. for the second month immediately
preceding the month. Of the Commencement Date.
"CRL" means the Revised Constuner Price Index, A11-Items fox All Urban Consumers
(1.982-1984 100) as published by the United States Department of Labor, Bureau of Labor Statistics, Or,
if such index is no longer published, any comparable index.
2.03 Tenant's failure to pay the full amount of any installment tiNithin ten (10) days of
the due date shall be an event of default under this Lease, as hereinafter provided. In. addition, if the full
amount of any installment is not actually received by Landlord on or before the tenth (10th) day after it
is due, then a iatc. charge in a sum equal to five percent (5%) of the unpaid amount of each installment
shall accrue and be immediately due and payable.
2.04 All sums payable to Landlord under this Lease shall be paid to Landlord at the
following address: P.O. Box 130, 111 West Center Street, Faison, NC 28341, or at such other address as
Landlord shall designate in writing delivered to Tenant.
2.05 All sums received by Landlord shall be applied first to rent due and. unpaid.
second to any late charges due and unpaid and finally to any other sums due hereunder.
Section 3. USE OF PREMISES.
3.01 Tenant shall use the Premises for the operation of a firing range and training
facility in conformance v,6th all laws, rules, regulations and ordinances and only for said purposes.
Tenant shall not use, or permit the use of, the Premises for any unlawful purpose or in violation of any
law, order or regulation, of, any goventmental authority or any restrictive covenant relating to the use or
occupancy of the Premises. If any law, ordinance or statute is enacted or in place that prevents Tenant
from using the Premises as contemplated, Tenant may terminate this Lease.
3.02 Tenant shall not permit any tivaste or misuse of the Premises.
3.03 So long as Tenant is not in default under this Lease, Tenant shall be entitled to
peaceably possess, hold and enjoy the Premises.
3.04 Tenant shall pay, when due. all charges for utility senrices consumed vn or
rendered to the Premises while this Lease is in effect, if any.
Section 4. TENANT ACCEPTS PREMISES.
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4.01 Tenant has inspected the Premises and is satisfied with its condition.
• Notwithstanding the above. Tenant has no knowledge of the condition of the soil, water, pre-existing
environmental issues, and the like related to the property and Tenant shall have no responsibility for said
issues prior to the execution of this Lease. Landlord shall indemnify and hold Tenant harmless for any
issues as outlined in this section 4.01..
Section 5. MAINTENANCE.
5.01 Tenant agrees. at its sole expense, to keep the Premises in a clean, sightly and
healthful condition. Tenant's obligation to maintain shall include without limitation, driveways, parking
areas, grass and landscaping. Tenant further agrees to comply with all statutes and ordinances
concerning the maintenance of the Premises.
5.02 Tenant shall be responsible for maintaining all water ways/ditches/canals free
from blockage or debris upon. the Premises during the Lease Term.
Section 5A. STTE TNITIAL PREPARATION AND SITE CLOSING.
5.03 Tenant shall. develop such plans as necessary for the size, location and dimensions
of such backstops. berms, and. walls as they may deem necessary and appropriate to accomplish
Tenant's goals and objectives. Tenant shall. be permitted; at Tenant's sole cost and expense, to haul such.
clay, field materials upon the Premises in order to create such backstops, berms, and walls as Tenant
may deem appropriate.
5.04 Prior to the commencement of Tcnant's desired. activities thereon, Tenant shall
employee, at Tenant's expense, a third party company provider to take appropriate soil samples of the
dirtlclay materials so delivered and placed upon the Premises to determine contamination levels, if any,
of said range area and to prepare and furnish Landlord and Tenant with a copy of said Final Report.
5.05 Upon the termination of this Lease, Landlord shall receive the Premises in its
same or similar condition as of the Commencement Date. To accomplish the same, Tenant shall
perform. lead mitigation through bullet sifting and the removal of dirt/clay used for said range berms.
Tenant shall. at its expense, employ a third party company provider to take appropriate soil samples of
the range area and. more particularly the catch beans to determine such levels of contamination residual
therein remaining. Lead mitigation requirements shall be deem acceptable if the residual lead levels are
within EPA levels or return to the level prior to the lease term, whichever is higher. The third party
company provider shall prepare an appropriate Final. Report identifying all residual lead levels, if any,
and the appropriate method for removing any remaining contaminants identified by said Report. Tenant
shall be responsible for all cost associated. with said lead mitigation, dirt/clay removal and auy such
other costs as may be necessary to insure site compliance Whereby Landlord shall receive the Premises
in the same or similar condition, as given on the Commencement Date within 30 days upon the
termination of this Lease.
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5.07 Tenant shall have no outstanding liability for any lead abatement issues or
contamination outside of the Premises. All contamination ou.tsi.de of the range area shall be deemed
• acceptable. Tenant shall not be required to perform any mitigation outside of the Premises.
5.08 Should Tenant fail to complete lead mitigation and dirt/clay removal dcscribcd
above, within 30 clays upon the termination of the Lease, then the Lease shall continue in full force and
effect on a month to month basis until such activities are completed and compliance completed by
certification from the third party company provider. Landlord retains the right to pursue any and all
other statutory or equitable remedies that it may have to in.sure compliance of Tenant s obligations under
this Lease to Landlord,
5.09 In order to ensure Tenant's compliance with the mitigation requirements outlined
in this Section 5A, Tenant agrees at the end each lease year (lease year shall mean a 12 month period
during the Lease Term beginning on the Commencement Date or the anniversary thereo',n to place
S15,000 into an escrow account with Southern Community Bank and Trust. The usage, liabilities, rights
and. responsibilities associated tivith said deposits shall be governed by the Escrow Agreement attached
as Exhibit "B".
5.10 Tenant shall not be responsible for any damage to trees or vegetation on the
Premises, or the commercial viability of said trees and vegetation, due to its use.
Section 5B: CONSERVATION EASEMENT:
5.10 Tenant has been informed and acknowledges that Landlord may hereafter grant to
a third party a Permanent Conservation Easement or Eascments as may qualify to receive Conservation
• Easements pursuant to NCGS 12 1-3 5 ct seq. Tenant agrees that at all times during the existence of this
Lease not to go upon; impair, or interfere within said conservation easement area.
Section 6: RISK OF LOSS
6.01 Landlord shall bear the risk of loss arising from, damage to Landlord's personal
property on the Premises.
6.02 Tenant shall bear the risk of loss arising from damage to or loss of Tenant's
personal property located on the Premises.
6.03 Tenant shall bear the risk of loss arising from interruption of business use.
6.04 Tenant shall bear the risk of. and Tenant shall save Landlord harmless from loss,
cost or expense by reason of claims frn- persmial injury and property damage arising out of Tenant's use
of the Premises, whether due to the fault of Tenant or others, excepting only fault of Landlord.. Tenant
shall obtain public liability and property damage (if applicable) insurance naming the Landlord as an
additional insured with coverage amounts not less than One Million Dollars ($1,000,000) per person and
One Million Dollars ($1,000,000) per occurrence.
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6,05 Nothing in this Section G shall bar a claim of ene party against the other for injury
or damage caused by the fault of the other party.
Section 7. CONDEMNATION.
If the whole of the Premises, or such portion thereof as will. snake the Premises unusable
for the purpose(s) described in Subsection 3.01 above. is condemned and sold for any public use or
purpose by any legally constituted authority, this Lease shall terminate when possession is taken by such
authority; and rent shall be prorated as of the date possession is so taken. Termination of this Lease
under this Subsection shall not prejudice the rights of either Landlord or Tenant to recover compensation
from the condemning authority for any loss or damage caused by such, condemnation. Neither Landlord
nor Tenant shall. have any rights in or to any award made to the other by the condemn-ng authority.
Section 8. REAL ESTATE TAXES AND UTILITIES.
5.01 Notvr'ithstanding anything herein to the contrary, all real estate taxes and
assessments due and payable tivith respect to the Premises shall be paid by the Landlord when due.
8,02 All utilities, if any, serving the Premises shall be paid for when due by the Tenant.
Section 9. DEFAULTS AND REMEDIES.
9.01 A default by Tenant u ill have occurred under this Lease IF:
• (a) Tenant fails to pay the full amount of any installment of rent ti'?'ithin ten (IO)
days ,from, the date when. it is due and payable, or
(b) Tenant fails to vbsezve or perform any other provision. of this Lease for thirty
(30) days after Landlord has given. Tenant notice on bankruptcy enatu. re of or for an arrangement under any present
(c) Tenant files a petition or future federal or state bankruptcy law, or is adjudicated a bankrupt or insolvent, or makes an
assignment for the benefit of creditors, or admits in writing his inability to pay debts as. they become
due; or
(d) a receiver, or trustee of Tenant or of the Premises is appointed and, in the case
of a proceeding brought against Tenant, is not discharged tivithin ninety (90) days after the appointment,
or Tenant consents to or acquiesces in the appointment; or
(e) Tenant abandons the Premises; or
(f) the intcrest of Tenant under this lease is ordered sold under execution or other
le-P-1 process.
(g) Tenant fails to complete site closing in accordance with Scetion 5.05
hereinabove set forth-
g, Landlord
9.02 If a default by Tenant has occurred under this Lease anal. is con.tinu.iri
has the following remedies:
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(a) The right to re-enter and repossess the Premises, and the right to remove all.
persons and property from the Premises, all in a lawFW and safe manner, taking into consideration the
• activities therein.
(b) The right to give Tenant notice of Landlord's termination of this Lease as of a
date specified in the notice, the date to be not earlier than the date of the notice.
(c) The right to relet the Premises, or any part of it, for the account of Tenant, for
such term or terms and on such conditions as landlord, in his sole discretion, determines.
(d) The right to advance money or make any expenditure to cute any default of
Tenant other than default in payment of rent.
(e) not used.
(f) The right to collect from Tenant by any lawful means:
(1) any rent due and unpaid,
(2) any deficiency which results from default of, Tenant and the failure of
any subletting to give Landlord, the rent pro-tided by this lease, and
(3) any money a,d.vanced. or expenditure made by Landlord pursuant to
Subsection 9.02(d).
9.03 Provisions applicable to defaults and remedies'
(a) Failure or omission of either party to exercise any remedy shall not constitute
a waiver, or bar or abridge exercise of a remedy upon auy subsequent default.
(b) Receipt of rent by Landlord «ith knowledge of default by Tenant shall not
constitute a waiver as to such default or as to a remedy available in respect of such default.
(c) No right or remedy of either party shall. be exclusive of any other right or.
.remedy, and each and every right or, remedy shall be cumulative and in addition to any other right or
remedy given by this Lease or now or hereafter existing at law or in equity. Termination of Us Lease by
Landlord shall not prohibit Landlord from, recovering any monies due or to become due pursuant to
Subsection 9.02.
(d) Each, party is entitled to recover b,is reasonable attorney fees, costs mid
expenses incurred by reason of successfully exercising his remedies under this Lease.
(e) if Landlord, without his fault, is made a party to any litigation commenced
against Tenant or because of Tenant's activities, and if Tenant at his expense, fails to provide Landlord
with legal counsel reasonably satisfactory to Landlord, Tenant shall pay all costs and reasonable
attorney fees incurred or paid by Landlord in connection - such litigation.
(f) Each party shall be entitled to enforce any of his rights or exercise any of his
remedies without relief from valuation and appraisement laws.
(g) Notice by one party of the nature of the other party's failure to observe or
perform an. obligation shall specify the details of such failure to a reasonable degree so that the party
who has the obligation may reasonably understand his failure. If a default cannot, with diligence, be
cured within the time provided by this Lease, the party whose obligation it is to cure may give the other
party notice of that fact and of appropriate details and if the party is proceeding with diligence and in
good faith to cure the default, the time within which the failure may be cured shall be extended for such
period as may be needed to complete the curing in diligence and good faith.
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Section 10. SUBORDINATION OF LEASE TO EXISTING :kND FUTURE MORTGAGES.
• 10.01 This Lease andior the proceeds therefrom may be assigned by the Landlord as its
present or future lender may require and in the event of notice from such lender, Tenant shall submit all
payments due hereunder to the lender. Furthermore, this Lease is subordinate, in all respects to any and
all present and, future lenders of the .Landlord. Tenant agrees to execute any and all such documents as
may be required by Landlord and/or Lender to subordinate this Leasehold interest as to any present or
future Lender of Landlord.
Section 10A. ASSIGNMENT
1 0.02 Tenant shall, not assign, mcrtgabc or encumber this Lease, nor sublet or permit the
Premises or any part thereof to be used by others, without the prior written consent of Landlord a.nd.
Lender, if, at the time, Landlord is still indebted to Lender. If this Lease is assigned, or, if the Premises
or any part thereof is sublet, or occupied by a party other than Tenant, Landlord may, after default by
Tenant, collect rent from the assignee, subtenant or occupant as the case may be, and. apply the amounts
so collected to the rent herein resetved. No such assignment, sublerting, occupancy or collection shall lie
deemed to be a waiver of this covenant, or the acceptance of the assignee, subtenant or occupant as a
tenant, or a release of Tenant from his further performance of the covenants contained in this Lease.
Consent by Landlord to an assignment or subletting shall not be construed to relieve Tenant from again
obtainirta Landlord's written consent to any subsequent assignment or subletting. Notwithstanding the
above. Tenant may assign to another entity of whicb it or its shareholders are majority owners.
Section 11. MISCELLANEOUS.
11.01 Landlord or its' agents shall. have the right to enter the Premises (without causing
or constituting a termination of this Lease or an interference with Tenant's possession) upon 24 hours
notice by fax or email for the purposes of exami ling its condition of use. Landlord agrees and under-
stands that Tenant N&ill be using active firearms upon the Premises and Landlord. agrees never to enter
the Premises (in accordance «-ith any section herein) without 24 hours notice and an escort provided by
Tenant.
11.02 Notwithstanding the above, should conditions, such. as excessive rainfall, require-
immediate or emergency access to the two water control gates on the Premises that control the storm
water drainage for the entire parcel of land owned by the Landlord, Tenant sbalt waive the requ ,retrnent
of a 24 hour prior written. notice for Landlord's access
11.03 D. Stewart Precythe, Kelly S. Precythe, and invited guests as each. may designate,
shall, have the right to have access and use of the firing ranges installed by Tenant when they are not
being used by Tenant upon 24 hours notice by fax or email.
1.1.04 Landlord, or its agents, stall, have reasonable and unrestricted access to the
Premises for any mitigation-related activities including but not limited to canal filling, planting. and
monitoring as required by applicable authorities.
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11.05 A notice to be given under this Lease shall be in'writing and either. delivered in
?erson or mailed, postage prepaid, and addressed:
AS TO LANDLORD:
Southern Produce Distributors, Inc.
P. 0. Box 130
111 West Center Street
Faison, NC 28341.
AS TO TENANT:
TigerSwan, Inc.
3452 Apex Peakway
Apex, NC 27502
A notice mailed by registered or certified mail shall be deemed given on the date of
postmark.
1.1.06 Reference to the masculine gender shall include the ferniznine or the neuter; as
may be appropriate for a party. The singular includes, likewise, the plural.
1, 1.07 Headings are for convenient reference only and do not affect the expressed terms,
• covenants, agreements and provisions of this Lease.
1. LOS Th.i.s Lease and its terms, covenants, agreements and provisions shall be binding
upon, and inure to the benefit of the pazti,es and their respective heirs, personal representatives,
successors and assigns.
1, 1.09 Any change in, or modification or discharge of, this Lease shall be in ?vntin.g
signed by all persons who at the time are parties to this Lease.
1, 1.10 This Lease and its terms shall be construed under the laws of the state of Noah
Carolina.
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n purposes. either party, a.
• 11. 11 This lease agreement shall not be recorded by either p party, y for r upon request
memorandum of lease shall be prepared and ex
IN WITNESS NTEREOF, the parties have liereunto set their hands and. seals as of the
date first above written,
LANDLORD
TENANT
SOUTIIE E ISTRIBUTORS, INC. TIGERSWAN, INC
By: By. -
D. Ste ' recythe
Name: D. Steuart Prec}-the Name:Briln Searcu
Title; ?fL?SrpT? Titlc:'PresidentiC00
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EXHIBIT "A
r LEGAL DESCRIPTION OF SUBJECT PREMISES AND ACCESS IN THAT
CERTAIN LEASE DATED APRIL 14th., 2010, BETWEEN SOUTHERN PRODUCE
DISTRIBUTORS, INC. AND TI,GERSWAN, INC.
LEGAL DESCRIPTION
Being all of that 236.38 acres more or less tract of land located in Beaverdarri Township,
Cumberland County, North Carolina and being more particularly described as follows:
Commencing at an existing iron stake, said point being the southeast corner of the 616.90 acres
tract and. being the POINT OF BEGINNING. Leaving the Point of Beginning and running S
87°50'59" E, a distance of 241.13' to an existing iron stake in the centerline of the 30' vVide
access easement (see snap recorded in. Map Book Page ; thence w-itil the centerline of said
easement S 1 n4:P'05" W, a distance of 1621.41' to an existing nail and S 1 °31'56" W, a distance
of 1079.76' to an eNistiag iron stake; thence N 8729'45"1W, a distance of 155.1.2' to an, existing
iron stake; thence S 2°23'00" W, a distance of 33.26' to an existing iron pipe; thence N 87°5]'1.4"
"AT, a distance of 3088.81' to an existing concrete monument; thence N 19°25'30" W, a. distance
of 2614.19' to an existing concrete monument; thence N 70°30'31" E, a. distance of 26.41' to au
e i.sti ig uaan stake in a canal; thence M11i the canal N 20°02'33" ur, a distance of 316.24' to a
point in the canal; thence S 87°51'01" E. a distance of 90.10' to an iron stake; thence S 87°50'59"
E, a distance of 2254.30' to an iron stake; thence S 97°50'59" E, a distance of 1660.$6' to the
POINT OF BEGINNING; said described tract containing 236.38 Acres, more or less.
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Barra Farms
www.LMGroup.net
Phase 11 Phone: [phone] •1.866.LMG.1078
Cumberland County, NC F a x: 9 1 0.4 5 2.0 0 6 0
40-07-568 P 0 Box 2522. Wilmington. NC 28402