20040325 Ver 2_Mitigation Bank Proposal_20100719

July 19, 2010
Mr. Mickey Sugg
U.S. Army Corps of Engineers
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28403
RE: Barra Farms Phase 11 Wetland Mitigation Bank- Wetland Mitigation Plan (July 2010)
Dear Mickey:
Land Management Group, Inc. (LMG) is pleased to submit the final Wetland Mitigation Plan (July 2010) for
the Barra Farms Phase II Wetland Mitigation Bank located in Cumberland County, North Carolina. The
attached plan includes revisions based upon Corps of Engineers comments provided via email on May 14,
2010 and via hard-copy letter dated June 24, 2010. Additional copies of the plan are being mailed to the
other representatives of the IRT. The banking instrument and draft conservation easement deed for Barra II
will be submitted within the next 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(a Imgroup.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 Mana ement Grou Inc.
Christian Preziosi
Section Manager
encl.
www.lmgroup.net • infoCq'4mgroup.net • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402
•
BARRA FARMS PHASE II WETLAND MITIGATION BANK
WETLAND MITIGATION PLAN

•
Cl TMBERLAND COUNTY, NORTH CAROLINA
CAPE FEAR RIVER BASIN
Prepared or-
.-I T.S. Arley Corps of Lngyineers. Wilmington District
and
Inter-Agency Review Team (IRT)
Prepared 13y.•
Southem Produce Distributors, Inc.
Stewart. Precytlic
I 1 I West Center Street N
PO Box 130
Fasion, NC 28311
And
•
Luid Managcmcnt Group, Inc.
P.O. Box 2522
Wilmington, NC 28402
wWw.lLIIQTOuII.Ilet
JUG 1; 02010
DENR - WATER QUALITY
WETUINI S AND MUMMER BRANCH
JULY 2010

TABLE OF CONTENTS
EXECUTIVE SUMMARY ...............................................................................................
1.0 SITE IDENTIFICATION AND LOCATION .................................................................2
2.0 WATERSHED CHARACTERIZATION .......................................................................2
3.0 MITIGATION GOALS .....................................................................................................3
A. Target Functions .......................................................................................................... ...4
4.0 SITE DESCRIPTION ..................................................................................................... ...5
A. Land Use and Vegetation ............................................................................................. ...5
B. Soils ............................................................................................................................. 7
C. Drainage Network ........................................................................................................ ...
D. Threatened and Endangered Species ........................................................................... ...9
E. Cultural Resources ....................................................................................................... ...9
5.0 RESTORATION PLAN ................................................................................................. ...9
A. Overview ...................................................................................................................... ...9
B. Non-Riparian Wetland Restoration .............................................................................. .10
• C. Non-Riparian Wetland Enhancement and Preservation ............................................... .13
6.0 IMPLEMENTATION SCHEDULE ............................................................................. .13
7.0 POST-CONSTRUCTION MONITORING AND MANAGEMENT ......................... .16
A. Wetland Restoration Success Criteria .......................................................................... .16
B. Non-Riparian Wetland Enhancement Success Criteria ................................................ .20
8.0 BANK OPERATION .......................................................................................................21
A. Geographic Service Area ..............................................................................................21
B. Bank Sponsor ................................................................................................................22
C. Bank Credits and Financial Assurances ........................................................................ 23
9.0 SITE MANAGEMENT ................................................................................................... 24
A. Adaptive Management .................................................................................................. 24
B. Long-Term Management .............................................................................................. 26
10.0 CONCLUSION ................................................................................................................26
10.0 SOURCES OF INFORMATION ...................................................................................28
•
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)
•
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
IOB. 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. THREATENED AND ENDANGERED SPECIES REPORT
E. LEASE INFORMATION FOR SECTION FOUR
F. SURVEY PLATS OF BARRA II
is
ii
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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.
U
Barra Farms Phase II Wetland Mitigation Bank
Wetland Restoration Plan - July 2010
. 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/miz 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, fishing, and 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
Barra Farms Phase II Wetland Mitigation Bank 2
Wetland Restoration Plan - July 2010
0 susceptible waters. Utilization of similar practices within agriculture operations is also being
encouraged by NCDWQ due to continued declines in water quality.
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:
•
Barra Farms Phase II Wetland Mitigation Bank 3
Wetland Restoration Plan -July 2010
i • 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.
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
Barra Farms Phase II Wetland Mitigation Bank 4
Wetland Restoration Plan - July 2010
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.
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
Barra Farms Phase II Wetland Mitigation Bank 5
Wetland Restoration Plan - July 2010
• 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).
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.
As indicated above, silvilcultural activities (including ditching, construction of temporary
forestry roads, and logging) have previously been conducted on the tract. In 2002, a forestry
road was constructed in the northern portion of the Barra 11 lands and logging occurred in that
area at that time. In addition, smaller areas within Section 2 of the bank site were logged in
the winter of 2007/2008. One other 20-acre area of an adjacent tract recently purchased for
inclusion within the Barra Il project was logged by the previous owner (refer to Figure 4 for
the location and extent of previously logged areas). The fact that these logging activities are
• exempt from Clean Water Act (CWA) Section 404 permitting (with an approved forestry
plan) emphasizes the importance of the preservation component of the bank project.
Barra Farms Phase II Wetland Mitigation Bank 6
Wetland Restoration Plan - July 2010
0 However, it should be noted that no other recent logging has occurred on the site. No further
logging is proposed within the Barra II lands. The owner reserves the right to conduct
forestry practices on the Barra II property in the future in the event the banking instrument is
not executed.
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
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 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
Barra Farms Phase II Wetland Mitigation Bank 7
Wetland Restoration Plan - July 2010
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 structure. Hydrology within managed forestry blocks has been modified to
varying degrees depending upon position relative to existing ditches. The on-site ditches
impact the hydrology of the site by intercepting surface flows and artificially lowering the
groundwater table via lateral drainage effect. The effect of each ditch is related to its size,
depth, landscape position/elevation and surrounding soil properties.
Based on site evaluations and DRAINMOD analysis (Appendix C), the lateral drainage effect
of the ditches within the active farm fields is estimated at 300 ft. The lateral effect of the
larger collector canals is estimated at 500 ft. Lateral effects within the forested blocks
typically range between 100 ft and 500 ft based on amount of freeboard and maintenance
frequency. These analyses indicate that 1,027 acres have been effectively drained within the
project boundary. Prior-converted (PC) and Commenced Conversion (CC) designations had
been provided for much of the tract. Based upon determinations by the Cumberland County
Farm Service Agency (FSA), approximately 440 acres of PC cropland and 260 acres of CC
cropland occur within the Phase II project area. Approximately 410 acres of approved CC
cropland were not completed by January 1, 1995 and remain forested at the present time
(Figure 8).

Barra Farms Phase II Wetland Mitigation Bank 8
Wetland Restoration Plan - July 2010
D. Threatened and Endangered Species
A review of the NC Natural Heritage Program database was conducted to determine the
presence of any threatened or endangered species within the project boundary and adjacent
parcels. While several species have been observed within Cumberland County, appropriate
habitat for these individuals does not exist within a majority of the project boundary. Areas
that may provide suitable habitat (e.g. remaining wetlands) for rare wetland flora, including
Michauxi's sumac (Rhus michauxii), will not be disturbed during on-site construction
activities. As a result, no adverse impacts to rare or threatened species are anticipated in
conjunction with this project. Refer to Appendix D for more specific information pertaining
to the presence of threatened or endangered species and their habitats.
E. Cultural Resources
The project will not have an effect on any structures/properties eligible or listed on the
National Register of Historic Places. Based upon a review of maps at the North Carolina
Office of Archives and History, there are no known significant archaeological resources on
. the restoration site. The project area is of relatively low landscape position with numerous
drainage canals. As such, the Historic Preservation Office has determined the area to be of
low probability in terms of significant archeological resources.
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
Barra Farms Phase II Wetland Mitigation Bank 9
Wetland Restoration Plan -July 2010
• 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 987 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.
Grading and Hydrolo,ic Restoration: The proposed mitigation bank includes the restoration
of wetland hydrology to 987 acres of former wetland habitat (Figure 9). Note that areas
within a 200-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 IOa through IOc). 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. For instance, the tie-in points with the western boundary canal (to be
left in place) will be sufficiently blocked or plugged using fine clay material. All culverts will
be removed and/or blocked from operation. Near major outlets from the site, filter-fabric and
rip-rap will be used to stabilize plugs. In existing forested blocks, ditches will be completely
Barra Farms Phase II Wetland Mitigation Bank 10
Wetland Restoration Plan -July 2010
• 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. The plugs at critical outlets will be installed prior to removal of road beds
near the larger canals. Material from the road beds will be used to backfill the canals to the
maximum extent possible. 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 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 977 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 10 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
Barra Farms Phase II Wetland Mitigation Bank 11
Wetland Restoration Plan -July 2010
0 will be tagged with aluminum labels - thus allowing for accurate identification and distinction
U
•
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.
Table 1. Proposed Planting Plan
Pocosin (Carolina Bay) 977 ac Non-Ri parian Restoration
Common Name Scientific Name % Composition # Planted
Red Bay Persea borbonia 10 52,563
Sweetbay Magnolia virginiana 10 52,563
Pond Pine Pinus serotina 30 157,688
Atlantic White Cedar Chamaecyparis thyoides 10 52,562
Bald Cypress Taxodium distichum 25 131,406
Black Gum Nyssa sylvatica 15 78,844

SUB-TOTAL 525,626

Wet Pine Savannah 10 Non-Ri parian Restoration
Common Name Scientific Name % Composition # Planted
Loblolly Bay Gordonia lasianthus 10 538
Red Bay Persea borbonia 10 538
Pond Pine Pinus serotina 10 538
Longleaf Pine Pinus palustris 50 2690
Inkberry flex glabra 20 1076

SUB-TOTAL 5,380

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

SUB-TOTAL 12,912

GRAND TOTAL 543,918
Barra Farms Phase II Wetland Mitigation Bank
Wetland Restoration Plan - July 2010
12
• C. Non-Riparian Wetland Enhancement and Preservation
Wetland enhancement is targeted for approximately 175 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 596 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 by drainage features as the areas are located greater than 200 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
mitigation type.
•
Barra Farms Phase II Wetland Mitigation Bank 13
Wetland Restoration Plan - July 2010
• Table 2. Acreage Totals by Section
•
•
Barra Farms Regional Mitigation Bank - Phase II
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 246
Non-Riparian Wetland Enhancement 136
Non-Riparian Wetland Preservation 355
Uplands/Non-Restored Areas 40
Sub- T otal 777
Section Three
Non-Riparian Wetland Restoration 431
Long-Leaf Pine Restoration Non-Wetland 24
Sub-Total 455
Section Four
Non-Riparian Wetland Restoration 277
Non-Riparian Wetland Enhancement 8
Non-Riparian Wetland Preservation 16
Uplands/Non-Restored Areas 14
Sub-Total 315
Total Acreage 1,838
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 - July 2010
14
S Since project implementation is divided into four sections, notification to the IRT will be
provided prior to proceeding with each section. The notification for each separate section will
include a conservation easement agreement, financial assurances, title search, boundary
survey, monitoring plan map (depicting the location for the hydrologic wells and vegetation
sampling plots), and any proposed construction modifications. Note that depending upon
market conditions, implementation of one or more sections may conducted within the same
construction period. Implementation of any section will not occur without prior notification
to the IRT as outlined above and receipt of applicable 404/401 authorizations and the
sediment and erosion control permit.
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 sectiop 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 E (lease agreement) for more
information on the terms and conditions governing the use of the leased area. A boundary
survey of the leased area is also provided. Note that the Sponsor has accounted for a
boundary offset between the firing range project area and adjacent mitigation areas. The
mitigation section boundary is located 250 ft away from the access road to the firing range.
This access road represents the boundary of the firing range project area. Existing canals
along the length of the access road to the firing range are to be left in place during the lease
period. The lateral drainage effect of these canals has been accounted for in the section
boundary for the mitigation bank. No other canals or ditches will be constructed near the
proposed mitigation sections. 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).
Barra Farms Phase II Wetland Mitigation Bank 15
Wetland Restoration Plan - July 2010
• 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, 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
Barra Farms Phase II Wetland Mitigation Bank 16
Wetland Restoration Plan - July 2010
• 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. No single volunteer species (most notably red maple, loblolly pine, and sweet gum)
will comprise more than 50% of the total composition at Year 2 or Year 3. If this
occurs, remedial action, as approved by the Interagency Review Team, may be
required. During Year 4 and Year 5, no single volunteer species, comprising 50% of
the total composition, may be more than twice the height of the planted species. If this
occurs, remedial action, as approved by the IRT, may be required to be implemented.
The need to conduct additional volunteer sampling after Year 5 will be determined by
the IRT.
4. 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 season. Hydrology monitoring shall be undertaken from 01 Feb
• through 30Nov of each monitoring year. On 01Feb, soil temperature at three
of the monitoring plots will be measured at 12 inches below the soil surface
Barra Farms Phase II Wetland Mitigation Bank 17
Wetland Restoration Plan -July 2010
• and documented within the monitoring report. Should earlier monitoring be
considered, the project sponsor must also document biological activity on the
site pursuant to the applicable Regional Supplement to the 1987 Wetland
Delineation Manual. Earlier monitoring must be approved by the U.S. Army
Corps of Engineers prior to commencement.
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 sur face for
6% of the growing season. Hydrology monitoring shall be undertaken from
01 Feb through 30Nov of each monitoring year. On 01 Feb, soil temperature at
three of the monitoring plots will be measured at 12 inches below the soil
surface and documented within the monitoring report. Should earlier
monitoring be considered, the project sponsor must also document biological
activity on the site pursuant to the applicable Regional Supplement to the 1987
•
Wetland Delineation Manual. Earlier monitoring must be approved by the U.S.
Army Corps of Engineers prior to commencement.
Vegetation MonitorinK: 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, 197 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.
•
Barra Farms Phase II Wetland Mitigation Bank 18
Wetland Restoration Plan - July 2010
S 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 246 136 49 24 6
Three 431 0 86 43 0
Four 277 8 55 27 2
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.
•
Barra Farms Phase II Wetland Mitigation Bank 19
Wetland Restoration Plan - July 2010
0 B. Non-Riparian Wetland Enhancement Success Criteria
A total of 175 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:
The hydrologic criterion for the non-riparian pocosin enhancement will be the
establishment of a static water table at, or within, 12 " of the soil surface for 15% of
the growing season. Hydrology monitoring shall be undertaken from 01 Feb through
30Nov of each monitoring year. Soil temperatures will be measured at 12 inches
below the soil surface at three restoration wells (as indicated within the restoration
success criteria). Should earlier monitoring be considered, the project sponsor must
also document biological activity on the site pursuant to the applicable Regional
Supplement to the 1987 Wetland Delineation Manual. Earlier monitoring must be
approved by the U.S. Army Corps of Engineers prior to commencement. (equivalent to
37 days based upon a growing season from March 15`h and November 20rh) during
periods of normal rainfall.
In order to document the hydrologic enhancement, twelve (12) shallow automated wells
(RDS, Inc. WM-20s) will be installed within the identified 175 acres of proposed wetland
enhancement (including four enhancement wells in Section One). 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
Barra Farms Phase II Wetland Mitigation Bank 20
Wetland Restoration Plan -July 2010
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
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
Barra Farms Phase II Wetland Mitigation Bank 21
Wetland Restoration Plan - July 2010
0 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.
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
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
0 One of the bank site.
Barra Farms Phase II Wetland Mitigation Bank
Wetland Restoration Plan - July 2010
22
40 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 7:1
Given the identified ratios for wetland restoration, enhancement, and preservation it is
estimated that 1,159.5 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 7:1 ratio for wetland preservation is proposed
based upon the large amount of wetlands to be preserved, the connectivity of the preserved
wetlands to larger 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.
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.

Barra Farms Phase II Wetland Mitigation Bank 23
Wetland Restoration Plan -July 2010
0 Table 5. Credit Types and Amounts (By Section)
•
Barra Farms Regional Mitigation Bank - Phase II
Section One Acreage
Credits
Non-Riparian Wetland Restoration
Non-Riparian Wetland Enhancement
Non-Riparian Wetland Preservation
Uplands/Non-Restored Areas 33
31
225
2 33
15.5
32
0
Section One Sub-Total 291 80.5
Section Two
Non-Riparian Wetland Restoration
Non-Riparian Wetland Enhancement
Non-Riparian Wetland Preservation
Uplands/Non-Restored Areas 246
136
355
40 246
68
50.7
0
Section Two Sub-Total 777 364.7
Section Three
Non-riparian Wetland Restoration
Long Leaf Pine Restoration (Non-Wetland) 431
24 431
0
Section Three Sub-Total 455 431

Section Four
Non-riparian Wetland Restoration 277 277
Non-Riparian Wetland Enhancement 8 4
Non-Riparian Wetland Preservation 16 2.3
Uplands/Non-Restored Areas 14 0

Section Four Sub-Total 315 283.3

GRAND TOTAL 1,838 1,159.5
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
10 sustainability of the mitigation efforts. The adaptive management approach involves analysis
Barra Farms Phase II Wetland Mitigation Bank 24
Wetland Restoration Plan -July 2010
0 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
• 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. Beaver dams in the areas where restoration is to occur will be
removed during the seven-year monitoring to reduce potential adverse effects of
flooding on survivorship of planted species.
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.
Barra Farms Phase II Wetland Mitigation Bank 25
Wetland Restoration Plan - July 2010
• 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
Land 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 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
Barra Farms Phase II Wetland Mitigation Bank 26
Wetland Restoration Plan -July 2010
0 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.

Barra Farms Phase II Wetland Mitigation Bank 27
Wetland Restoration Plan -July 2010
• 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/biros/reports/reports WB.litml
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.
Barra Farms Phase II Wetland Mitigation Bank 28
Wetland Restoration Plan -July 2010
i 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.
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 29
Wetland Restoration Plan -July 2010
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Map Source: 2008 NAPP Aerial Photography SCALE 1" - 500'
Barra Farms Regional Mitigation Bank LMG
Phase 11 Figure 6.
www.LMGroup.net
Cumberland County, NC Phone: [phone] •1.866.LMG.1078 Non-Hydric Soil Delineation
Fax: [phone]
P.O. Box 2522, Wilmington, NC 28402
t
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Legend
Project Boundary
NRCS Designations
CC -Approved commenced areas that were not completed by January 1, 1995
CC-Approved commenced areas that were completed by January 1, 1995
PC - PC Areas (wetlands converted prior to December 23, 1985);
N Barra Farms Regional Mitigation Bank
Phase II
Cumberland Countv
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SCALE: 1" = 20 miles
Barra Farms Regional Mitigation Bank
Phase II
Cumberland County
Figure 13.
Geographic Service Area
LMG
LANs MANAGENENf GROUP
•
APPENDIX A.
SITE PHOTOGRAPHS
•
0
? 0
•
9
A view of dormant agricultural fields in central portion of the property.

Barra II
Wetland Mitigation Bank
nLMG
December 2008
Site Documentation
Photos
A view of a typical collector ditch along the main access road.
? 0
19
9
A view of a

Barra 11
Wetland Mitigation Bank
nLMG
?.LNV) M]?I?,tlLt.?\`I FI?i r kt llltN ,k
December 2008
ricultural fields.
Site Documentation
Photos
A view of area targeted for wet pine flatwood restoration.

? 0
•
0
A view of existing vegetation within preservation area.
MLMG
December 2008
Site Documentation
Photos
Barra II
Wetland Mitigation Bank
A view of non-target vegetation to be removed prior to restoration.
•
APPENDIX B.
SOIL BORING LOGS
•
0

L

Figure .i .
Soil Boring Location Map
LMEA1C1.'i GauVT n?
(nnlrnnninf nl Cnnlullunfi
Barra Far ns
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, l OYR 7/1.
Bh - 10-20" Loamy Sand, weak medium subangular blocky friable non sticky non
plastic, IOYR 2/1.
C/Bh - 20-32" Sand, single grained, loose non sticky non plastic, l 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
OAp - 0-17" Mucky Loam, Granular griable slightly sticky non plastic, l OYR 2/1.
OA - 17-31" Mucky Sandy Loam, massive friable slightly sticky non plastic, l OYR 2/1.
Physical Water: @ Surface
SHWT: @ Surface
• B3 Micro Ridge 0-1% Pactolus
A - 0-9" Loamy Sand, granular very friable non sticky non plastic, l OYR 4/4.
CI - 9-14" Sand, granular very friable non sticky non plastic, l OYR 5/3.
C2 - 14-21" Loamy Sand weak medium subangular blocky very fi•iable non sticky non
plastic l OYR 6/8.
Cgl - 21-34" Sand, Single grained, loose non sticky non plastic, TORY 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, 1 OYR 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.
0
B5 Micro Low 0% Croatan
Oal - 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: @ 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 friable non sticky non plastic, 10YR 2/1.
E - 3-10" 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, 10YR 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, 1 OYR 3/1.
C - 30-36" Sand, single grained, loose non sticky non plastic, I OYR 4/3.
Physical Water: 6"
SHWT: @Surface.
40

APPENDIX C.
DRAINMOD STUDY
C,
•
2ft Ditch - 300ft Spacing
5% of Growing Season -12 days
• ------------------------ ----- - ------ -------------
* 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.PR]
parameters: free drainage and yields not calculated
drain spacing = 9144. cm drain depth = 61.0 cm
------------------------------------------------------------------------
D R A I N M O 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
1978 0. 9.
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.

•
Page 2
3ft Ditch - 300ft Spacing
5% of Growing Season -12 days
• -
------------------------ ----- - - --- -------------
* 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.PR]
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
1978 0. 7.
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.
•
U
Page 2
4ft Ditch - 300ft Spacing
5% of Growing Season -12 days
-
------------------------ ----- - - -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 @ 12:40
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
1978 0. 1.
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.
•
•
Page 2
4ft Ditch - 500ft Spacing
5% of Growing Season -12 days
• 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
1978 0. 1.
0. 4

1979 .
2. 37.
Page 1
BarraCRO-LT.WET
1980 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.
0
is
Page 2
5ft Ditch - 500ft Spacing
5% of Growing Season -12 days
-------_
• ------------------------ ----- - -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.PRJ
parameters: free drainage and yields not calculated
drain spacing = 15240. cm drain depth = 152.0 cm
------------------------------------------------------------------------
D R A I N M O 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. 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
1978 0. 9.
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
-------------
* 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
1978 0. 8.
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

APPENDIX D.
THREATENED AND ENDANGERED SPECIES REPORT
0

Threatened and Endangered Species Report
for
Barra Farms Phase II Wetland Mitigation Bank (Barra II)
Cumberland County, NC
0 Prepared for:
Southern Produce Distributors, Inc.
PO Bog 130
Faison, NC 28341
Prepared by:
Land Management Group, Inc
Wilmington, NC
0 May 2010
•
Table of Contents
List o Figures, Tables, an Appendices ............................................................................ iii
1.0 Introduction ........................................................................................................................ 4
2.0 Protect Species .................................................................................................................... 4
3.0 Survey Methods Used ........................................................................................................ 4
4.0 Site Description .................................................................................................................. 5
5.0 Species ................................................................................................................................. 6
5.1 Animals .................................................................................................................... 7
5. 1.1 American Alligator (Alligator mississippiensis) .......................................... 7
5.1.2 Red-cockaded Woodpecker (Picoides borealis) .......................................... 7
5.1.3 Saint Francis' Satyr (Neonympha mitchellii francisci) ................................ 8
5.2 Plants ....................................................................................................................... 8
5.2.1 American Chaffseed (Schwalbea americana) ............................................. 8
5.2.2 Michaux's Sumac (Rhus michauxii) ............................................................ 8
5.2.3 Pondberry (Lindera melissifolia) ................................................................. 9
5.2.4 Rough-leaved Loosestrife (Lysimachia asperulaefolia) .............................. 9
6.0 Summary ...........................................................................................................................10
7.0 References .........................................................................................................................11
•
ii
0 List of Table and Figures
Table 1. Federally-listed endangered and threatened species observed in Cumberland
County, NC .......................................................................................................................7
Figure 1. Vicinity Map
(Note: Other figures from Mitigation Plan are incorporated by reference)
•
•
iii
0 Threatened and Endangered Species Report
Barra Farms Cape Fear Regional Mitigation Bank, Phase II
Cumberland County, NC
1.0 Introduction
Staff of Land Management Group, Inc. evaluated an approximately 1,838-acre tract of
land in Cumberland County known as the Barra Farms Phase II Wetland Mitigation Bank
(Barra II) for its potential to support federally-listed threatened or endangered species.
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.
This tract will be used as a mitigation bank that will compensate for permitted
wetland impacts via the restoration, enhancement, and preservation of 1,838 acres of
Carolina bay wetland habitat. Phase II restoration and enhancement activities will
include plugging ditches/canals throughout the site and planting approximately 536,386
native trees and shrubs. Mitigation activities proposed for the Barra II property are
detailed within the Mitigation Plan (July 2010).
2.0 Protected Species
This report evaluates the potential of federally protected species to occur within
the above-mentioned tract. Species with the federal classification of Endangered (E),
Threatened (T), or Officially Proposed (P) for such listing are protected under the
Endangered Species Act (ESA) of 1973, as amended.
3.0 Survey Methods Used
Habitat with the potential for supporting listed species was identified through
aerial photographs, soils maps, and topographic maps of the property and by inspecting
9 certain areas throughout the site. The results of this report are based on due diligence
4
including observations made on the dates noted and on other information gathered from
maps and databases.
Many areas within the tract, such as agricultural fields, were quickly eliminated
from further investigation because of their intensive land use history. Furthermore, 589
acres of non-drained wetlands are targeted for preservation and will be protected through
appropriate legal covenants. These wetland areas will not be altered by proposed
mitigation activities and were, therefore, only briefly investigated during the survey to
obtain information about habitat type and species composition.
Because this survey was conducted outside of the flowering period of most of the
rare plant species, conclusions drawn about the presence or absence of these species
within this tract were largely based on the existence of appropriate habitat. A search of
the North Carolina Natural Heritage Program database in Raleigh, North Carolina did not
identify any known observations of federal- or state-listed species on or within a one-mile
radius of the site.
4.0 Site Description
The Barra II mitigation 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 (Figure 3 of the Mitigation
Plan). 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.
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
5
• 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 of the Mitigation Plan. 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 the 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).
5.0 Species
S The following table contains a list of federally protected species known to occur
in Cumberland County, NC according to the U.S. Fish and Wildlife Service. A short
description of each of these species and their preferred habitats is noted in this section.
Table 1. List of federallv protected species observed in Cumberland County NC.
Scientific Name Common Name Status
Animals
American alligator Alli ator mississi iensis T (S/A)
Red-cockaded woodpecker Picoides borealis E
Saint Francis' sa r butterfly Neon m ha mitchellii rancisci E
Plants
American chaffseed Schwalbea americana E
Michaux's sumac Rhus michauxii E
Pondber Lindera melissi olia E
Rough-leaf loosestrife L simachia as erulae olia E
KEY:
Status Definition
E Endangered: A taxon "in danger of extinction throughout all or a
significant portion of its range."
T Threatened: A taxon "likely to become endangered within the
foreseeable future throughout all or a significant portion of its range."
6
• T(S/A) Threatened due to similarity of appearance. A taxon that is threatened
due to similarity of appearance with another listed species and is listed
for its protection. Taxa listed as T(S/A) are not biologically endangered
or threatened and are not subject to Section 7 consultation.
5.1 Animals
5.1.1 American Alligator (Alligator mississippiensis)
The American alligator lives primarily in freshwater swamps and marshes,
but also in rivers, lakes, and smaller bodies of water (Conant & Collins, 1998).
Appropriate habitat for this species does not exist within this site.
5.1.2 Red-Cockaded Woodpecker (Picoides borealis)
The red-cockaded woodpecker is generally found in open pine woodlands
and savannas with large old pines for nesting and roosting habitat (USFWS,
2003). Cavity trees are located in open stands with little or no hardwood midstory
or overstory. Minimum age of cavity trees is between 60 and 80 years depending
on tree and site factors. Foraging habitat is provided in pine and pine hardwood
stands 30 years old or older with foraging preference for pine trees 10 inch DBH
or larger. In good, well-stocked pine habitat, sufficient substrate can be provided
on 80 to 125 acres. The aggregate of cavity trees (cluster) may include 1 to 20 or
more cavity trees on 3 to 60 acres. The average cluster is about 10 acres. The
territory for a group averages about 200 acres, but may range from 60 to over 600
acres. According to the NC Natural Heritage Program database, no RCW
sightings are known within a one-mile radius of the project area.
Pine stands within this site are dominated by loblolly pine (Pinus taeda) and have
been timbered periodically. Upon inspection, the oldest pine stands appear to be
twenty to thirty years of age and most of these forested areas also support a dense
assemblage of hardwoods such as sweet gum (Liquidambar styraciflua) and red
maple (Acer rubrum). This site is too young and dense to provide appropriate
habitat for this species.
•
7
Areas surrounding the tract also consist of agricultural fields and loblolly
pine stands. Adjacent forested areas were inspected for potential RCW habitat.
Forested areas were determined to be too dense and existing pine trees were too
young (-6-8 DBH) to support this species.
5.1.3 Saint Francis' Satyr Butterfly (Neonympha mitchellii francisci)
This small species of butterfly is dark brown with conspicuous eyespots
on the lower surfaces of the wings (USFWS, 2002). According to USFWS data,
only one metapopulation of this butterfly is known to exist in the sandhills of
North Carolina, within Fort Bragg (Cumberland and Hoke Counties). Habitat for
this satyr consists of wide, wet meadows containing a high diversity of wetland
sedges. Although some - wetland areas currently exist within the tract
(enhancement and preservation areas), these areas are either densely vegetated or
former cropland and would not support the Saint Francis' Satyr.
• 5.2 Plants
5.2.1 American Chaffseed (Schwalbea americana)
American chaffseed is an erect perennial herb with unbranched stems and
large, purplish-yellow, tubular flowers (USFWS, 1995). Flowering occurs from
April to June. The plant is found in sandy, acidic, seasonally moist to dry soils. It
is generally found in open, moist pine flatwoods, fire-maintained savannas,
ecotonal areas between peaty wetlands and xeric sandy soils, and other open
grass-sedge systems. Chaffseed is dependent on factors such as fire, mowing, or
fluctuating water tables to maintain the open to partly-open conditions that it
requires.
Open areas within the tract, such as forestry roads and ditch banks, were
inspected for this species. Most forestry roads consisted of heavily traveled spoil
material and would not provide suitable habitat. Furthermore, ditch banks within
the site were densely vegetated with red maple, sweet gum, and blackberry stems
9 8

• and would not support this species. Because of its previous intensive land use,
suitable habitat for this species does not exist within this site.
5.2.2 Michaux's Sumac (Rhus michauxii)
Michaux's sumac is a low-growing, deciduous shrub. Leaves emerge in
April and May. Small greenish-yellow to white, four- to five- parted flowers are
borne in dense, erect, terminal clusters from April to June. This species prefers
full sun or the light shade of open stands (USFWS, 1993). Therefore, it is found in
open areas such as roadsides, powerline rights-of-way, and areas where forest
canopies have been opened up by harvest, blowdowns, or hurricane damage
(Russo & Sweeney, 2000). Timbered pine stands within the tract may provide
suitable habitat for Michaux's sumac. No individuals of this plant were observed
during the survey.
is 5.2.3 Pondberry (Lindera melissifolia)
Pondberry is a deciduous shrub that has bright red oval-shaped fruits that
mature in the fall. It has drooping, thin, membranaceous, and ovately shaped
leaves. The species is found within wetland habitats such as bottomland
hardwoods in the interior areas, and the margins of sinks, ponds and other
depressions in the more coastal sites. The plants generally grow in shaded areas
but may also be found in full sun. Although no individuals were observed,
wetland areas classified as preservation within the site may provide suitable
habitat. Furthermore, proposed mitigation activities, such as ditch-plugging, may
create suitable habitat for the plant throughout the remainder of the tract.
5.2.4 Rough-leaved Loosestrife (Lysimachia asperulaefolia)
Rough-leaved loosestrife generally occurs in the ecotones between pine
savannahs and pocosins, on moist to seasonally saturated sands, and on shallow
organic soils overlaying sand (USFWS, 1993). Because this plant is shade-
intolerant, moist areas exposed to sunlight, provide suitable habitat. Open areas
within the tract, such as forestry roads and ditch banks, were inspected for this
9
• species. Most forestry roads consisted of heavily traveled spoil material and
would not provide suitable habitat. Furthermore, ditch banks within the site were
densely vegetated with red maple, sweet gum, and blackberry stems and would
not support this species. Therefore, appropriate habitat for rough-leaved
loosestrife does not exist within the tract.
6.0 Summary
A majority of the 1838-acre Barra Farms Phase II Wetland Mitigation Bank
(Barra II) in Cumberland County, NC does not provide appropriate habitat for federally-
protected species because of its intensive land-use history. However, areas within the
tract that have not experienced extensive draining or harvesting (preservation areas) may
provide suitable habitat for pondberry. Mitigation efforts will not occur within these areas
and, therefore, will not alter this habitat. Furthermore, the restoration and enhancement of
wetlands throughout the remainder of the tract will increase the amount of suitable
habitat for the species.
•
Although no individuals were observed, it is possible that marginally suitable
habitat for Michaux's sumac exists within timbered pine stands, where harvesting may
have created open areas within the forest canopy. Despite this possibility, no grading
activities will occur in pine stands and this species would not be affected by the
mitigation actions.
It is the conclusion of this report that the proposed mitigation project would not
adversely affect federally protected species known to occur within Cumberland County
and may actually serve to expand potential habitat for the federally endangered plant,
pondberry. Furthermore, the Barra II mitigation project will ultimately protect 1,838
acres of previously disturbed land by placing it within a conservation easement - the
terms of which will prohibit any future land-disturbing activity.
•
10
•
7.0 References
Conant, R. and J.T. Collins. 1998. A Field Guide to Reptiles and Amphibians;
Eastern/Central North America. Houghton Mifflin Company. 616 pp.
Frantz, V.L. 1984. Reproduction biology of the Atlantic Coastal Plain endemic,
Lysimachia asperulaefolia (Primulaceae). Report to the North Carolina Plant
Conservation Program, Raleigh.
Russo, M. and J.M. Sweeney. 2000. Threatened and Endangered Species in Forests of
North Carolina: A Guide to Assist with Forestry Activities. International Paper
Co.
U.S. Fish and Wildlife Service. 2003. Recovery plan for the red-cockaded woodpecker
(Picoides borealis): second revision. U.S. Fish and Wildlife Service, Atlanta, GA.
296 pp.
U.S. Fish and Wildlife Service. 2002. Saint Francis Satyr in North Carolina.
http://www.fws.v,ov/nc-es/insect/stfrancis.html
• U.S. Fish and Wildlife Service. 1996. Saint Francis' Satyr Recovery Plan. Atlanta, GA.
27 pp.
U.S. Fish and Wildlife Service. 1995. American Chaffseed (Schwalbea americana)
Recovery Plan. Hadley, Massachusetts. 62 pp.
U.S. Fish and Wildlife Service. 1993. Michaux's Sumac Recovery Plan. Atlanta,
Georgia. 30 pp.
U.S. Fish and Wildlife Service. 1993. Recovery Plan for Pondberry (Lindera
melissifolia). U.S. Fish and Wildlife Service. Atlanta, Georgia. 56 pp.
U.S. Fish and Wildlife Service. 1993. Technical Draft Rough-leaved Loosestrife
Recovery Plan. Atlanta, GA. 41 pp.
•
11
r _
7
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z,; na?? C ??. r a ?l t ? wr 91. '-
.
rt v
r {'
r
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r
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t
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_ °'? l? 3? ! .. .? "?'?,-ems- - ... ? ? ? ? ?'?..tw.? _ .., •• - -.._
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N
Barra Farms Regional Mitigation Bank
Phase II
o 2'4 4.8 M Cumberland Countv
MIL
SCALE 1" = 2.4 miles
Figure 1.
Vicinity map.
LMG
1 A vf+ A5.4N?Ir,<.\(L\t ?.:Ntla)Y ..
1]
APPENDIX E.
FIRING RANGE LEASE INFORMATION
•
0
NORTH CAROLINA
0
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 r ferred. to as "Landlord", and
TIGERSIVAN, INC., hereinafter referred to as "Tenant".
WITNESSETH THAT WI ERF_AS, the Landlord now desires to lease the Premises (as
hereafter defined) to the Tenant, and the Tenant now desires to lease the Premises from the Landlord.
Both parties desire to memorialize the terms of this real estate lease arrangement by this Real Estate
Lease Agreement (the "Lease"), based. upon the terms, conditions and stipulations hereinafter so
provided.
NOWT, THEREFORE, in consideration of the Premises, and in consideration of the
payments and mutual promises made by the parties as hereinafter set forth, and. for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
hereby covenant, stipulate and aree as follows-
L_
Section 1. TERN-1 OF LEASE.
1.01 The term of this Lease is for a period of five (5) years (thc "Lease Term.") Tile
.Lease Term shall commence on May 1s'", 2010 (the "Commencement Date") and shall expire on )%pril
30'"', 2015 unless e->;tended in accordance uwitlb the terms herein.
1.02 Provided tenant is not in. default. Landlord hereby grants Tenant one (1) five (5)
year option to rene-w the Lease Term ("Renewal Tenn"'). Unless otllerwi.s e set forth herein, all terms and
conditions of this Lease shall remain in effect during both the Tease Term and the optional Rene- at.
Term..
Section 1A. IDENTIFICATION OF PREIvIISES AND SIGNAGE:
1.03 The premises being identified. as vacant real. estate located in Cedar Crccl:
Township, Cumberland County, North Carolina, more particularly identified 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 rcasonablc signage at the entrance of the
access road to tile public highway, subject to landlord's prior approval thereof.
Section RENT AND MANNER OF PAYMENT.
2.01 The annual rental amount isTenant shall pay Landlord ti monthly
installments of? ("Rent") throughout the Lease Term. Rent payllletlts shall commence on the

earlier of the date Tenant takes possession of the Premises o.r, May 1; 2 0 10, ,v,'hichever conics first, If
first payment is not on the first day of the month then payment shall be prorated for that month. All
• subsequent paym-nts shall be due on the first day of each month.
?.02 If exercised by Tenant, the Renee%?al Term rent then due shall by adjusted by a
percentage of such dollar amount equal. to the percentage increase, if any, in the C.P.I. for the second
month immediately preceding that Renev7al. Term over the C.P.I. for the second month immediately
preceding the month. of the Commencement Date.
C.P.J. means the Revised Constuner, Price Index, All-Items for All Urban Consumers
(1982-1944 100) as published by the United. States Dcpartlnlent of Labor, Bureau. of Labor Statistics, or,
if such index is no longer published, ayly comparable index.
2.03 Tenant's failure to pay the full amount of any installment -,Nithin 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 ariy installment is not actually received by Landlord on or before the tenth (10th) day after it
is du,` Lllen a jaLe c11ar5 e 111 a 1n -qua' to f `e 1 r Cllr tJn%n) f ULic ii?lpuid amnicu1?? Vi. caGit, iiW?ux??x.?.?i?
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 -\witing delivered to Tenant.
-.0 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 rant e and training
facility in confon ance *,Nith all laws, rules, regulations and ordinances an d only for said purposes.
Tenant shall not usc, or permit the use of, the Premises for any unlawful purpose or in violation of any
law, order or regulation, of any govenunental 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 tbat prevents Tenant
from using the Premises as contemplated, Tenant may terminate this Lease.
3,02 Tenant shall not permit any 1vaste or misuse of th.e 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 cbarees for utility services consumed on or
rendered to the Premises while this Lease is in effect, if any.
Section 4. TENANT ACCEPTS PREMTSES.
9
4.01 Tenant has inspected the Premises and is satisfied with its condition.
• Notwithstanding the above, Tenant has no kno-odedge of the condition of the soil, water, pre-existing
environrnental 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 cleanI sightly and
bealti-Iful condition. Tenant's obligation to maintain shall include without limitation, driveways, parking,
areas, grass and landscaping. Tenant further agrees to complyit11 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 5,A. SITE INITIAL pREC-A 1tAT1uN i1Ni 5!TE 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 Tenant's desired activitie5 thereon., Tenant shall
employee, at Tenant's expense, a third party' company provider to take appropriate soil samples of the
dirticlay materials so delivered and placed, upon the Prcmises 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 d,irticlay 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 berms to determine sudh 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 an-y,
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 any such
other costs as may be necessary to insure site compliance whereby Landlord shall receive the Premises
in the carne or similar condition as given. on the Commencement Date within 30 days upon the
termination of this Lease.
r?
U
5.07 Tenant shall have no outstanding liability :for any lead abatement issues or
.contamination outside of the Premises. All contamination outside 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 dc-scribed
above, within 30 clays upon the termination of the Lease, then the Lease shall continue in full force and
effect on a month to math basis until such activities are completed and compliance completed by
ceitification from the third party ecrnpany provider. Landlord retains the right to pursue any and all
other statutory or equitable remedies that it may have to insure compliance of Tenant's obligations under
this Lease to Landlord.
5.09 In order to ensure Tenant's compliance -Mth the mitigation requirements outlined
in this Section 5A, Tenant agrees at the end each lease year (lease year shall mean a 17 month period
during the Lease Term beginning on the Commencement. Date or the anniversaxy thereoff} to place
15,000 into an escrow account zMth Southern Community Bank and Taust. The usaCe, liabilities, rights
and. responsibilities associated vdth said deposits shall be governed by the Escrow Agreement attached
as E%hibit "B'°
5.10 Tenant shall not be responsible for any damage to trees or vecetati.on on the
Premises, or the commercial viability of said trees and vegetation, due to its use.
Section 5B: CONSERVATION EASEMENT:
5.10 Tenant -Las been informed and acknowledges that Landlord may hereafter grant to
• a third party a Permanent Conservation Easement or Easements as may qualify to receive Conservation
Easements pursuant to NCGS 121-35 ct seq. Tenant agrees that at all times during the eNistence of this
Lease not to go upon; impair, or interfere within said conservation casement 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 shalt bear the risk of, loss arising from damage to or loss of Tenant's
personal property located on the Prerniscs.
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 lC155,
cast or expense by reason of claims for personal injury and property damage arinag out of Tenant's use
of the Premises, whether due to the fault of Tenant or others. cxceptinc' only fault of Landlord.. Tenant
shall obtain public liability aid propert}' damage (if applicable) insurance nanjwz the Landlord as an
additional insured with coverage amounts not less than One Million Dollars (S 1,000, 000) per person and
One IVI..i.l.lioa Dollars (51,000,000) per occurrence.
0
6.05 Nothing in this Section 6 shall bar a claim of one party against the other for injury
Or damage caused by the fault of the other party'.
Section 7. CONDEMNATION.
I:.C the whole of the Premises, or such portion thereof as will make the Premises unusable
for the purpose(s) described in Subsection 3.01 above, is condemned and sold for any public use or
such
purpose by any legally constituted authority, this Lease shall terminate when possession is tak c n b
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. Dave any rights in or to any award made to the other by the condemning authority.
Section S. REAL ESTATE TA-.ES AND UTILITIES.
S.01 Notwithstanding anything berein. to the coa u2uy, all real estate taxes and
assessments due and payable tivith respect to thz Premises shall be paid by the Landlord -Then. due.
S.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 will have occurred under this Leasc IF:
is (a) Tenant fails to pay the full amount o.f any installment of rent v'ithin ten (10)
days from the date when it is due and payable; or
(b) Tcnant fails to observe or perform. any other pro-vision. of, this Lease for thirty,
(30) days after Landlord has given. Tenant notice of the nature of Tenant'-, failure; or
(c) Tenant files a petition in bankruptcy or for an arrangement under any present
or future federal or state bankruptcy law, ar is adjudicated a bankrupt or insolvent, or makcs 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) day's after the appointment,
or Tenant consents to or acquiesces in the appointment; or
(e) Tenant abandons the Premises; or
(f) the interest of Tenant under this lease Is ordered sold under e-xecution or other
legal process.
(g) Tenant fails to complete site clesinR in accordance with Section 5.05
hereinabovc set forth-
9.0-1 If a default by Tenant has occurred under this Lease and. is continuing, Landlord
has the folloNN ing remedies:
•
(a) The right to re-enter and repossess the Premises, and the riglit to remove all
OICTSOTI-1 and property from the Premises, all in a lawful 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 cure any default of
Tenant other than default in payment of rent.
(e) not used.
(f} The right to collect from Tenant by any lawful mca-11s:
(1} any rent due and unpaid,
(?) any deficiency which results from default of Tenant and the failure of
any subletting to give Landlord the rent provided by this lease, and
(3) any money advanced 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 any subsequent default.
(b) Receipt of rent by Landlord -%ith knowledge of default by Tenant shall not
constitute a wait, er 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 Jim -it 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 Iris reasonable attorney- fees, costs mad
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 lecal counsel reasonably satisfactory to Landlord, Tenant shall pay all costs and reasonable
attorney fees incurred or paid by Landlord in connection with such litigation.
(0 Each party shall be entitled to enforce any of his rift or exercise any of his
remedies without relief from valuation and appraisement laws.
(g) Notice try 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 tirne 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.
0
Section 10. SUBORDINATION OF LEASE TO EXISTING :AND FUTURE MORTGAGES.
• 10.01 This Lease and/or 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. Furtllerniore, 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
10.02 Tenant shall, not assign, mertgacc or encumber this Lease, nor sublet or permit the
Premises or any part thereof to be used by others, tiviihout t]le prior ,vritten 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 reServed. No such assignment, Stitietting, occupancy or collectlon S15all 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 construccl to rclicvc Tenant from again
obtaining Landlord's xritten consent to any subsequent assignment or subletting. NotNvithstanding the
above, Tenant may assign to another entity of which it or its Shareholders are majority owners.
Section 11. MISCELLANEOUS.
is 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 intcrfcrenec with Tenant's passcssion) upon 24 hours
notice by fax or email for the purposes of eamg its condition, or 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 Mth any section herein) witbout 24 hours notice and an escort provided by
Tenant.
11,02 Not withstand ng 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 shall waive the requirement
of a 24 hour prior written notice for Landlord's access
11.03 D. Steiva t Precy1he, Kelly S. Precythe, and invited guests as each may designate;
shall have the right to lave 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.
11.04 Landlord, or its agents; shall 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.
0
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 'w'est Ccuter Street
Faison, NC 28341
AS TO TENANT:
TigerStivan,Inc.
3452 Apex Peakway
Apex, NC 27502
A notice mailed by registered or certified mail shall be deemed given an the date of
postmark.
1.1.06 Reference to the masculine ;ender shall include the feminine ar the neuter; as
may be appropriate for a party. The singular includes, like-vise, the plural.
11.07 Headings are for convenient reference only and do not affect the expressed terms,
• covenants, agreements and provisions of this Lease.
I LOS 'Dis Lease and its terms, covenants, agrcements and provisions shall be binding
upon, and inure to the benefit of, the parties 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 tiuritin`
signed by all persons rho at the time are parties to this Lease.
11 1.10 This Tease and its terms shall be construed under the l.ativs of the state of North
Carolina.
0
011.11 This lease agreei-nent shall not be recorded by either party, and upon request by either party, a.
memorandum of lease shall. be prepared and cNecuted Ivy each party for recordation purposes.
IN 'WITNESS WHEREOF., the parties Dave ljer,eualta set their hands and seals 3s of the
date first above written.
LANDLORD
TENANT
souT4SW? E ISTRIBUTQRS, JNC. TIGER,;WAN, INC
By: By: J
^ D. recythe
Name:Brian Searcy
Name: D. Stewart Precyvtl,e
Title. ?flESrp ? Titlc:PresidcntiC00
•
9
EXHIBIT "A"
LEGAL DESCRIPTION OF SUBJECT PREMISES AND ACCESS IN THAT
CERTAIN LEASE DATED APRTL 14th, 2010, BETWTEN SOUTHERN PRODUCE
DISTRIBUTORS, TNC. AND TTGERSWAN, II`TC.
LEGAL DESCRIPTION
Being all of that 236.38 acres rnpre or less tract of, land located in Beazretdatxl 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 BEGTNNTNTG. Leaving the Point of Beginning and runntng S
87°50'59" E, a distance of 241.13' to an existing iron stake in the centerline of the 30 vide,
access easement (see neap recorded in Map Book Page ; thence with the centerline of said
cas=, ent c 'in 41 3'05" W, ° dis anc?r_ of !621.41' to an exi stinc, nail and S 1 ° 3 1'56" W a. distance
of 1079.76' to an e:,isting iron stake; thence N 87°29'45" W`, a distance of 155.12' to an. existing
iron stake; thence S 2°23'00" W, a distance of 33.26' to an existing iron pipe; thence N 87°5114"
concrete monument; thence N 19"25'30" W, a distance
Vij, a distance of 30F8.81' to an existing
of 2614.19' to an existing concrete monument; thence N 70°30'31" E, a distance of 26.41' to an
existing iron stake in a canal; thence Nvi,th the canal N 20°02'33" W, a distance of 31 G 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 2284.30' to an iron stake; thence S 8750'59" E, a distance of 1660.86' to the
POINT OF BEGINNING; said described tract contai.nincr 236.38 Acres, more or less.
•
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•
•
APPENDIX F.
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