20050949 Ver 2_Modifications_20121031

F. BRYAN BRICE, JR.
CATHERINE CRALLE JONES
MATTHEW D. QUINN
E. WARREN KUHN
ROBERT GELBLUM, OF COUNSEL
LAW OFFICES OF
F. BRYAN BRICE, JR.
October 30, 2012
D s - (A 4 q Vv __
5 W. HARGETT ST., STE. 200
RALEIGH, NC 27601
TEL: 919 - 754 -1600
FAx: [phone]
BRYAN@ATTYBRYANBRICE. COM
Mr. Thomas Brown
U.S. Army Corps of Engineers OCT 3 1 2012
Raleigh Regulatory Field Office
3331 Heritage Trade Dr., Ste. 105 LDENR;- Wdd ASR aim 14
Wake Forest, NC 27587'
Re: Modification Request, PEG Permit # SAW -2007- 04137; Johnston County
Dear Thomas:
Thanks for meeting with us last Wednesday and walking the property in Johnston
County. We greatly appreciate your time, and Jean and Craig as well.
Please let this letter serve as a further formal request to modify the mitigation
component of the above - referenced permit. In that regard, given the environmental and related
factors we discussed, as well as the shortened timeframe and certain financial constraints given
the real estate market conditions, we propose the following options in order of preference:
Option 1. Allow the 1.53 acres of wetlands impacts at the site to be mitigated by
preserving 46 acres ( "Proposed Preservation Site ") adjacent to the Rudolph
Buffer/Nutrient Offset Mitigation Site which is located in Johnston Co. in
the Upper Neuse River Basin within the USGS HUC 03020201 and the N.C.
Division of Water Quality (DWQ) sub -basin 03 -04 -02 (See, Attachment A).
The Proposed Preservation Site will be protected by a Conservation
Easement in perpetuity and currently contains approximately 40 acres of
higher quality headwater and bottomland hardwood forest jurisdictional
wetlands within the 48.3 acre functioning preservation area (Attachments).
Rather than have this functioning hardwood wetland community at risk for
being logged, we believe preserving this acreage retains the environmental
and ecological benefits described herein and referenced in part in the
attachments. The approximately fifteen acre site to the southwest adjacent
to our Proposed Preservation Site was clear cut approximately 5 years ago.
• This also preserves the hardwood and related overstory, understory, and
vegetative community (see, attachments). This includes important habitat
on this swamp and/or riverine system that feeds directly to the Neuse River.

October 30, 2012
Page 2
• This prime Proposed Preservation Site is located in Johnston County,
approximately 12.4 miles from the location of the 1.53 acres of impact in
Smithfield beside Industrial Park Dr. and South Equity Dr., just off I -95.
It preserves an important hardwood (and some pine) wetland community
that is directly adjacent to a fully functioning, mature Neuse 01 stream
buffer and nutrient offset mitigation site (see, Attachment B). Such
connectivity is desirable for the added protections and benefits to water
quality, timber and vegetative growth, and wildlife habitat such large scale
preservation would provide in the Neuse 01 HUC, as well as the nearby,
already protected mitigation site.
• It is a high quality/higher value type of wetland community than the one
being impacted, which is of equal or greater environmental benefit to the
overall Neuse HUC and watershed.
EBX Neuse I, LLC currently owns the Proposed Preservation Site and EBX
reserve the right to develop stream mitigation credits within the Proposed
Preservation Site area. EBX also reserves the right to maintain the existing
farm paths inside the Proposed Preservation Site area or convert the existing
farm paths to Buffer and/or Nutrient Offset Mitigation. The proposed
Conservation Easement holder /grantee will be the North Carolina Wildlife
Habitat Foundation, who currently holds many Conservation Easements for
mitigation sites.
When EBX completes the stream restoration project within the preserved
wetlands and protected buffer mitigation area, the Proposed Preservation
Site will have an increased wetland value and function. Restoring the
stream will help to reestablish natural flood flows, vegetation communities,
and wildlife habitat adjacent and within the Proposed Preservation Site.
Option 2. Allow the permittee to satisfy its mitigation requirement by purchasing 6.5
credits from an existing, mature wetlands mitigation bank in the adjacent
(Neuse 02) HUC. We believe this would be environmentally beneficial for
the following reasons:
Comports with State law NC Session Law 2009 -337 as amended by section
1.1 of S. L. 2011 -343, passed in 2009 and amended in 2011 by allowing the
purchase of mitigation which is already in the ground (mature) and
providing established environmental benefits and water quality
improvements to the Neuse basin.
• The Casey -King and Tull/Wooten Mitigation Sites are only 50 miles from
the approximately 1.5 acres of impacts, and drains directly into the Neuse

October 30, 2012
Page 3
River and are both part of the EBX Neu Con Umbrella Mitigation Bank.
We are proposing 1.5 credits from the Casey -King Site and 5 credits from
the Tull/Wooten II Site.
• This is four times the amount of the actual impact (1.53 acres) in mitigation;
is double what is required by EEP (3.25 credits); and is approximately 1.5
times the 4.5 credits referenced in the permit.
• These credits are mature; they are of a type that is the, same or higher quality
wetland type compared to the 1.53 acres of actual impact; the credits are
providing significant water quality benefits for an area of the Neuse that is
impacted environmentally by discharges, etc. from the adjacent 01 HUC.
For the remaining reasons as detailed in our previous correspondence, we
would incorporate that analysis into this request and given the factors
particular to this case /request (small impact, adjacent basin, mature bank,
environmental and ecological benefit in excess of actual impacts and in
excess of all current permit requirements), we believe that mitigation from
the adjacent HUC can be allowed to satisfy the current permit requirement.
Option 3. Allow the purchase of .5 credits from the EEP in lieu fee program from the
Neuse 01 HUC, combined with 4 credits from the adjacent basin (Meuse 02)
from the existing mitigation bank site as described in #2, above.
We believe Option 1 is the most environmentally beneficial option. The impacts are to
approximately 1.5 acres of wetlands that are no longer directly connected to a water body; are
fronted by local /state roads and a major federal highway; is across from the community
college; is surrounded by commercial (albeit small commercial) use, and just down from the
outlet mall development off I -95. In option 1, the approximately 1.5 acres of impacts would be
mitigated by permanently protecting the Proposed Preservation Site by a conservation
easement, with direct connectivity to the existing protected Rudolph Buffer/Nutrient Offset
Mitigation Site within the same County and within the same HUC.
Similarly, with option 2, the approximately 1.5 acres of impacts would be mitigated by
purchasing 6.5 mature wetlands credits from an existing bank whose function and
environmental benefit for water quality and the Neuse river is already well established and
meets the state law and its goals of using existing private banks and established, mature credits,
as well as stated federal law, guidance and even draft guidance as to the case by case analysis
-of use of credits in an adjacent HUCs. The 6.5 credits from the Neuse bank are located
approximately 50 miles from the impacts.
While we believe the other options are feasible, they require mitigation from an
adjacent HUC and we do not think such is as environmentally beneficial as option 1. We
reviewed and discussed with you possible enhancement of the approximately 15 acres beside
the site listed on option 1, but have determined it is not feasible from an environmental

October 30, 2012
Page 4
perspective (access, suitability, ultimate success and cost), and did not locate any feasible sites
or opportunities within the direct vicinity of the impact. Also, it was not feasible, particularly
due to cost constraints, to attempt to develop a bank site in 01 when there were only 1.53 acres
of actual, total impacts. Due to the regulatory change in the EEP in lieu fee structure and the
new, tiered system for the Neuse 01 HUC, the changed circumstances from the time of the
original permit and the real estate market crash have made purchase from that program of
anything more than half a credit not feasible. Similarly, it is not feasible to purchase a half
credit from EEP and some smaller portion of preservation from the proposal in Option 1, as the
property owner is not willing to sell only a portion of the preservation property.
For these reasons, we respectfully request approval of option 1 as our permit,
modification request. The parties would be able to close on the land sale contract for the
recombined lots 18 and 19 as soon as we obtain your approval for the modification. We
believe these options, particularly option 1, are of significant environmental benefit when
viewed in total and in comparison to the impact, and comport with federal and state law,
regulations and guidance in allowing said modification request. Also, as stated in prior
discussions and correspondence, all 401 conditions will be met in short order as well.
Lastly, we seek to preserve the onsite wetland area with a minor modification to
establish smaller species plantings within the preserved acre, within a year of the permit
modification, with the ability to maintain appearance and structural integrity of the building(s).
We will be discussing the exact language with Mr. McCorcle and will accept our negotiated
language in that regard.
Thomas, I express again our thanks for your review and assistance. Please do not
hesitate to call if you have any questions or concerns, or if you or any of your colleagues in this
process need any further information.
Sincerely,
F. Bry rice, Jr.
cc: Jean Gibby
Justin McCorcle
Chuck Wakild
Eric Kulz

ATTACHMENT A - Site Comparison
SUMMARY: IMPACT SITE
Area: (1.53 ac)
HUC: 03020201
Ecoregion: Southeastern floodplains and low terraces
Wetland Type (NCWAM): Pine Flat
Vegetation: Early succession hardwood regeneration
Soils: Rains sandy loam
Watershed: Tributary to Polecat Branch and Neuse River
The proposed impact site contains 1.53 acres of disturbed Pine Flat wetlands
located adjacent to existing development and connected to the development's storm
water system. Historically, the wetland served as a headwater flat area for water
draining to Polecat Creek and eventually to the Neuse River. With the construction
of I -95 and surrounding development, this wetland area is now cut off from the
historic hydrology drainage regime.
Soils on the site are hydric and are most similar to Rains sandy loam series soil
(USDA - Johnston County, 1994). Vegetation on the site has been cleared with the
exception of one maturing red maple (Acer rubrum) (20+ ft), and three willow oak
(Quercus phellos) trees (30 -50 ft). Regenerating vegetation consists of a mixture of
giant cane (Arundinariagigantea), red maple, sweetbay (Magnolia virginiana),
swamp blackgum (Nyssa sylvatica var. biflora), sweetgum (Liquidambarstyraciflua),
water oak (Quercus nigra), willow oak, red bay (Persea borbonia) , ti ti (Cyrilla
racemiflora), sweet pepperbush (Clethra alnifolia), Juncus sp., Smilax sp., and
Andropogon sp., black willow (Salix nigra), and Sphagnum spp moss
Overall, the impact site is surrounded by development on all sides and has lost
historic hydrologic connectivity. Vegetation is diverse, but in an early successional
state. Connectivity for wildlife to adjacent lands has also been lost. Overall, the
wetland area remaining is disjunct and does not offer the wetland values and
services once present.
SUMMARY: MITIGATION SITE
Area: (46 ac)
HUC: 03020201
Ecoregion: Southeastern floodplains and low terraces
Wetland Type (NCWAM): Headwater Wetland and Bottomland Hardwood Forest
Vegetation: Mature and mid succession regenerating hardwoods /mixed
pine /cypress, gum
Soils: Wehadkee- Chastain loam association (frequently flooded), Augusta sandy
loam (occasionally flooded), Tomotley sandy loam (rarely flooded)
Watershed: Tributary to Moccasin Creek and Neuse River

The proposed mitigation site contains approximately 46 acres of a mixture of
Headwater Wetland and Bottomland Hardwood Forest wetlands. Water draining
from the site courses through existing channelized ditches flowing toward Moccasin
Creek and eventually to the Neuse River. The site is directly abutting an existing
Neuse River Buffer and Nutrient Offset mitigation site. The proposed mitigation
area will form a connection between the existing mitigation site and Moccasin
Swamp.
Soils on the site are hydric with some areas of better drained soils extending away
from Moccasin Swamp. Soils consist of Wehadkee- Chastain loam association
(frequently flooded), Augusta sandy loam (occasionally flooded), and Tomotley
sandy loam (rarely flooded) along existing channelized drainage networks (USDA -
Johnston County, 1994). Vegetation on the site has been cut in some areas and left
to mature in the wettest areas near Moccasin Swamp resulting in a diverse forest,
forest age classes, and habitats.
Vegetation on better drained soils and along drainage ways contain green ash
(Fraxinus pennsylvanica), water oak, willow oak, red maple, sweetgum, swamp
blackgum, smilax, giant cane, sweet bay, red bay, swamp chestnut oak (Quercus
michauxii), loblolly pine (Pinus taeda), and American holly (Ilex opaca).
The vast majority of the site contains jurisdictional wetlands. The wettest areas, or
depressions contain regenerating swamp blackgum and bald cypress and have not
matured as fast as surrounding swamp chestnut, water, and willow oak stands.
Depressions also contain red maple, ti ti, sweetgum, cinnamon fern (Osmuda
cinamomea), chain fern (Woodwardia areolata), royal fern (Osmuda regalis), and
lizards tail (Saururus cernuus).
Flooded open water areas also exist on the site and contain jurisdictional wetlands,
connecting with existing drainage networks and eventually other flooded areas
adjacent to the Moccasin Creek bottomland hardwood wetland complex. Flooding
of the wetlands is caused by overbank flooding from Moccasin Creek as well as by
beaver activity.
Overall, the site is functioning well as a complex of Headwater Wetland and
Bottomland Hardwood Forest jurisdictional wetlands. Most of the property is
frequently flooded, mature, bottomland hardwood forest wetlands with minor areas
of better and more poorly drained soils. The site supports diverse wildlife habitats,
connects a large area of existing wetlands as well as mitigation property, and will
maintain existing jurisdictional wetland functions if preserved in perpetuity.

RUDOLPH BUFFERNUTRIENT OFFSET SITE
JOHNSTON COUNTY, NORTH CAROLINA
BANK PARCEL DEVELOPMENT PLAN
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Environmental Banc & Exchange, LLC
909 Capability Drive, Suite 3100
Raleigh, NC 27606
Prepared h .-
WK Dickson & Company. Inc.
720 Corporate Center Drive
Raleigh, N('27607
(919) 782 -0495
May 2010

May 2010
'FABLE OF CONTENT'S
1. EXISTING CONDITIONS .................................................................... ..............................1
Location........................................................................................................ ...............................
1
Physiography, Topography, and Drainage ................................................... ...............................
I
WaterQuality ............................................................................................... ...............................
1
Vegetation.................................................................................................... ...............................
4
SoilMapping ............................................................................................... ...............................
4
CulturalResources ....................................................................................... ...............................
4
Protectedspecies .......................................................................................... ...............................
4
Existing Channel Conditions ........................................................................ ...............................
7
IL MITIGATION PLAN ............................................................................ ...............................
8
PlantingPl an ................................................................................................. ...............................
8
SuccessCriteria .......................................................................................... ...............................
10
MonitoringPlan .......................................................................................... ...............................
10
III. MITIGATION POTENTIAL ............................................................... .............................11
Buffer and Nutrient Mitigation Credits ...................................................... ...............................
11
IV. MONITORING AND MAINTENANCE ............................................. .............................12
HUCService Area ...................................................................................... ...............................
12
Monitoring................................................................................................. ...............................
12
CreditRelease ............................................................................................. ...............................
12
Conservation Easement .............................................................................. ...............................
12
FinancialAssurances .................................................................................. ...............................
12
V. REFERENCES .................................................................................... ............................... 13
WK Dickson & Co., Inc. j
Bank Parcel Development Plan — Rudolph Buffer/Nutrient Offset Site

May 2010
List of Figures
Figure1. Pmject Vicinity Map ......................................................................... ............................... 2
Figure2. USGS Map ........................................................................................ ............................... 3
Figure3. Soils Map .......................................................................................... ............................... 6
Figure4. Conceptual Mitigation Plan .............................................................. ............................... 9
List of Tables
Table 1. Soil Mapped across the Rudolph Site ................................................. ............................... 4
Table 2. Protected Species in Johnston County ................................................ ............................... 5
Table 3. Summary of Existing Channel Conditions ......................................... ............................... 7
Table 4. Rudolph Site Tree Planting List ......................................................... ............................... 8
Table S. Rudolph Buffer and Nutrient Mitigation Credit ............................... ............................... 11
Appendices
Appendix A Photo Log
Appendix B Easement Monitoring Data Sheet
WK Dickson & Co., Inc.
Bank Parcel Development Plan — Rudolph Buffer/Nutrient Offset Site

May 2010
I. EXISTING CONDITIONS
LOCATION
The Rudolph Buffer/Nutrient Offset Site is located in southeast Johnston County, NC on the
boundary with Wayne County (Figure 1). It is located approximately eight miles west of
Goldsboro, NC. Specifically, the site is located at Latitude 35.3845900, Longitude - 78.151378,
and is located on the Princeton, NC USGS Quadrangle (Figure 2). The Rudolph Site is located in
the Upper Neuse River Basin within the USGS HUC 03020201 and North Carolina Division of
Water Quality (DWQ) sub -basin 03- 04 -02. The site drains into Moccasin Creek, a tributary to the
Neuse River. The site is comprised of two parcels, the Worley Tract and the Kornegay Tract,
totaling 116.9 acres. The proposed easement, including proposed buffer mitigation and nutrient
uptake, encompasses 54.3 acres. This site will be included in the EBX Neuse Riparian Buffer
Umbrella Mitigation Bank.
PHYSIOGRAPHY, TOPOGRAPHY, AND DRAINAGE
The site is in the Coastal Plain Physiographic Province, and is underlain by the Cape Fear
Formation, which is comprised of sandstone and sandy mudstone. The site is located on the
floodplain and has relatively flat topography. Elevations range from 75 to 85 feet above mean sea
level (NAD 27) based upon USGS mapping (Figure 2). The site is on an old floodplain terrace
between Moccasin Creek and Raccoon Swamp. The site drains into Moccasin Creek before
flowing approximately 2.25 miles into the Neuse River. Natural drainage patterns throughout the
watershed have been altered by cultivation and dredging of the channels. Martin Richmond
(NCDWQ) conducted a site visit in May 2010 and determined there are three Neuse Buffer Rule
subject channels present and one not - subject channel. The watersheds of these drainages are
bisected by Buckleberry Road (SR 2541). Within the proposed mitigation area, the channels drain
surface water and groundwater from the surrounding row crop agriculture. The primary land use
in the project vicinity is woodlands and com production.
WATER QUALITY
Moccasin Creek and Raccoon Swamp are classified as WS -IV; NSW by DWQ. The primary
classification "WS -IV" indicates waters as a Water Supply IV - Highly Developed watershed.
These waters are used as sources of water supply for drinking, culinary, or food processing
purposes where a less developed watershed classification (WS -1, 11 or 111) is not feasible. WS -IV
waters are generally in moderately to highly developed watersheds or Protected Areas. These
waters are also protected for Class C uses. Class C waters support aquatic life and secondary
recreational uses. The supplemental classification NSW denotes nutrient sensitive waters that
may need additional nutrient management due to being subject to excessive growth of
microscopic or macroscopic vegetation. Moccasin Creek discharges into the Neuse River
approximately 2.3 miles downstream of the mitigation site. The Neuse River is listed as Water
Supply IV, Nutrient Sensitive Waters at its confluence with Moccasin Creek. Water Supply IV
waters are protected as water supplies which are generally upstream and draining to Water Supply
IV waters, waters used by industry to supply their employees with drinking water, or as waters
formerly used as water supply. These waters are also protected for Class C uses.
Waters used as sources of water supply for drinking, culinary, or food processing purposes where
a WS -I, II or [if classification is not feasible. These waters are also protected for Class C uses.
WS -IV waters are generally in moderately to highly developed watersheds or Protected Areas.
WK Dickson & Co., Inc. I
Bank Parcel Development Plan — Rudolph Buffer/Nutrient Offset Site

i
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USGS Quad Map
Rudolph Buffer /Nutrient Offset Site
0 1,000 2,000 4,000
Feet
1 inch = 2,000 feet
JOyNSTON COUNTY
Sca;e NTS

May 2010
VEGETATION
Within the proposed conservation easement the primary land use is agricultural row crops;
specifically corn production. There are also several small areas of bottomland hardwood trees and
Conservation Reserve Program (CRP) pine plantation. The bottomland hardwoods abut the
downstream end of the drainage channels, but do not extend the full 200 feet from the top of
bank. These areas are an assemblage of mature and successional trees. Beaver impoundments are
flooding some of these areas. The CRP land is planted in successional pine trees, and will be
removed from the CRP program prior to placement of the conservation easement. The maintained
channel banks contain typical disturbed herbaceous species.
SOIL MAPPING
The proposed preservation area soils are mapped as Wehadkee - Bibb- Chewacla association. These
soils are poorly and somewhat poorly drained soil with a loamy surface on floodplains along
major streams and creeks. Areas having these soils are characterized by low relief and the natural
occurrence of hardwoods. The soil mapping units at the site are Altavista fine sandy loam,
Augusta sandy loam, Tomotley sandy loam, Tarboro loamy sand,, and Wehadkeee - Chastain
association (Table 1 and Figure 3). The Tomotley and Wehadkeee - Chastain association map
units are NRCS hydric soils list. The Altavista and Augusta soils are listed as having hydric
inclusions, and the Altavista and Tarboro soils are not listed on the NRCS hydric soils list.
Table 1. Soil Mapped across the Rudolph Site
Mapping Units
Flooding
" Fregumcy
Hydric Status
Drainage Class
Altavista fine sandy loam
occasionally
hydric inclusion 9%
moderately well
Auausta sandy loam
occasionally
hydric inclusion 7%
somewhat poorly
Tarboro loamy sand
rarely
not hydric
somewhat excessive)
Tomotley sandy loam
rarely
hydric
poorly
Wehadkeee - Chastain
frequently
hydric
poorly
USDA -Soil Conservation Service 1994
CULTURAL RESOURCES
The site is agricultural land, and no buildings or structures were observed. No earth moving is
expected; therefore, no cultural resources impacts are anticipated. A review of the files at the
North Carolina State Historic Preservation Office revealed no historic structures within a one-
mile radius of the proposed mitigation site. No structures were observed during site visits. A
review of the National Register of Historic Places (NRHP) database did not reveal any known
historic resources in the project vicinity.
PROTECTED SPECIES
The Natural Heritage Program (NHP) database and US Fish and Wildlife (USFWS) county listing
were used to identify state and federally protected species that occur in Johnston County. These
species are listed in Table 2. No protected species were observed during the field evaluations
conducted on the site. No suitable habitat for federally protected was observed within the
proposed easement.
The Rudolph Buffer/Nutrient Offset Site will help to maintain water quality in the Neuse River
Basin. This could provide benefits to state and federally listed species that utilize the Neuse River
and other riverine habitats downstream of the Rudolph Site. The Natural Heritage Program
database does not list any element occurrences or significant natural heritage areas within the
WK Dickson & Co., Inc.
Bank Parcel Development Plan — Rudolph BufferMutrient Offset Site

May 2010
database does not list any element occurrences or significant natural heritage areas within the
Rudolph Site. There are no element occurrences within one mile of the site. The Moccasin
Swamp significant natural heritage area lies approximately 0.6 miles northwest of the Rudolph
Site.
Table 2. Protected Species in Johnston County
Common Name
Sclentific Name
State
Federal
Status
Invertebrate Animals:
Atlantic Pigtoe
Fusconaia masoni
E
FSC
Current
Cape Fear Spike
Elliptio marsupiobesa
SC
Current
Creeper
Strophitus undulatus
T
Current
Dwarf Wedgemussel
Alasmidonta heterodon
E
E
Current
Eastern Lampmussel
Lampsilis radiata
T
Current
Green Floater
Lasmigona subviridis
E
FSC
Current
North Carolina Spiny Crayfish
Orconectes carolinensis
SC
Current
Notched Rainbow
Villosa constricta
SC
Current
Roanoke Slabshell
Elliptio roanokensis
T
Current
Tar River Spinymussel
Elliptio steinstansana
E
E
Current
Triangle Floater
Alasmidonta undulata
T
Current
Yellow Lampmussel
Lampsilis cariosa
E
FSC
Current
Yellow Lance
Elliptio lanceolata
E
FSC
Current
Vascular Plants:
Bog Spicebush
Lindera subcoriacea
T
FSC
Current
Carolina Bogmint
Macbridea carohniana
T
FSC
Current
Michaux's Sumac
Rhus michauxii
E -SC
E
Historical
Spring- flowering Goldenrod
Solidago verna
T
FSC
Current
Virginia Least Trillium
Trillium pusillum var.
vir inianum
E
FSC
Historical
Vertebrate Animals:
Bald Eagle
Haliaeetus leucocephalus
T
Current
Carolina Madtom
Nocurus furiosus
T
FSC
Current
Cerulean Warbler
Dendroica cerulea
SC
FSC
Current
Least Brook Lamprey
Lampetra aepyptera
T
Current
Loggerhead Shrike
Lanius ludovicianus
SC
Current
Neuse River Waterdog
Necturus lewisi
SC
Current
Red - cockaded Woodpecker
Picoides borealis
E
E
Current
Roanoke Bass
Ambloplites cavifrons
SR
FSC
Historical
WK Dickson & Co., Inc. 5
Bank Parcel Development Plan — Rudolph Buffer/Nutrient Offset Site

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I" AsA Augusta sandy loam, occasionally flooded Mapped Soils
Roads AaA Altavista fine sandy loam, occasionally flooded --7
Ta Tarboro loamy sand, rarely flooded 4 Channels
Property 10 lomotley sandy loam. rarely flooded Boundaiies
Soils Boundaries
association, ... Y
--•1 Figure 3
Soils Map
Rudolph Buffer /Nutrient Offset Site
' 0 300 600 1,200
Feet JOHNS 10N CCXINTY
Scale NTS
1 inch = 600 feet

May 2010
EXISTING CHANNEL CONDITIONS
Table 3 summarizes the existing channel conditions on the Rudolph Site. All four of the channels
are stable. Channels B, C, and D are non jurisdictional. The only jurisdictional stream on the site
is channel A. Typical bank species through the site include soft rush (Juncus effuses), Japanese
honeysuckle (Lonicera japonica), narrowleaf cattail (Typha angustifolia), woolgrass (Scirpus
cyperinus), sedges (Carex sp.), and fescue (Festuca sp.).
Table 3. Summary of Existing Channel Conditions
Channel
Length
(ft.)
Width
(M)
Depth
(ft.)
Stable
(YIN)
Flow type
Bank Vegetation
Bed Material
A (upper)
168
4
2
Y
Ephemeral
Herbaceous, mowed
Sand/Detritus
A (lower)
3171
6
2
Y
Intermittent
Herbaceous, mowed
Sand
B
3,154
6
3
Y
Ephemeral
Herbaceous, mowed
Sand with some detritus
C
1,760
4
2
Y
Ephemeral
Herbaceous, mowed
Sand with some detritus
D
498
4
3
Y
Ephemeral
Sparsely vegetated,
scattered mature trees
Sand
WK Dickson & Co., Inc. 7
Bank Parcel Development Plan — Rudolph Buffer/Nutrient Offset Site

May 2010
II. MITIGATION PLAN
The Rudolph Buffer/Nutrient Offset Site will be planted with appropriate native species within
the protected buffer easement. The species selected consist of native species observed in the
surrounding forest and species know to occur in similar environments. The current land use is
row crop. The buffer area will be planted in bare root tree seedlings on an 8 by 8 foot spacing to
achieve an initial density of 680 trees per acre. The buffered channels will provide water quality
and habitat functions within the sensitive Neuse River watershed.
Some areas adjacent to the forested areas may require maintenance due to the rapid regeneration
of some species. Rapidly regenerating species and invasive species may develop greater
individual species density and create a less diverse mix. Minimal maintenance is anticipated due
to the past cultivation history.
Figure 4 presents the proposed mitigation plan and easement location.
PLANTING PLAN
Revegetation of the site will include planting bare root trees and controlling invasive species
growth. The target communities are Coastal Plain Small Stream Swamp (Blackwater Subtype)
along the channels, grading to Bottomland Hardwood Forest downstream and Mesic Mixed
Hardwood Forest on the drier upslope. The communities are as defined by Schafale and Weakely
(1990). The planting plan will consist of two planting zones. Zone Ioccupies the wetter, lower
landscape areas, and Zone 2 occupies the drier, higher landscape areas. Near channel areas will be
in the lower landscape areas. Tree species specified for planting on the Rudolph Site are shown in
Table 4.
Table 4. Rudolph Site Tree Planting List
Common Name
Scientific Name
Indicator
Planting
Density
Growth
Rate
Zone 1 wet conditions
River Birch
Betula ni ra
FACW
rapid
Green Ash
Fraxinus pennsylvanica
FACW
rapid
Cottonwood, Swamp
Po ulus hetero h lla
OBL
moderate
Oak, Overcup
Quercus 1 rata
OBL
moderate
Oak Willow
Quercus phellos
FACW-
rapid
Coastal plain willow
Salix carolintana
OBL
rapid
Bald Cypress
Taxodium distichum
OBL
rapid
Zone 2 mesic conditions
American sycamore
Platanus occidentalis
FACW-
rapid
Oak Laurel
Quercus laurf olia
FACW
rapid
Shumard's oak
Quercus shumardii
FACW-
moderate
Oak, Swamp Chestnut
uercus michauxii
FACW-
moderate
Oak, Water
uercus nigra
FAC
rapid
Oak, Cher bark
Quercus pagoda
FAC+
moderate
Oak, Willow
Quercus phellos
FACW-
rapid
Green Ash
Fraxinus enns lvanica
FACW
rapid
WK Dickson & Co., Inc.
Bank Parcel Development Plan — Rudolph Buffer/Nutrient Offset Site

May 2010
Site Preparation
The majority of the site slated for buffer restoration has been maintained as cleared agricultural
fields. These areas are relatively clear and will require little site preparation other than select
herbicide treatments or limited mechanical clearing to remove undesirable underbrush prior to
planting. The cultivated field will be ripped to at least 18 inch depth and disked, using standard
fanning equipment in an overlapping pattern. This will break up any plow layers and restrictive
horizons present, increasing surface storage to promote nutrient uptake on this site. The
microtopography will mimic natural conditions found in natural buffers. After the mechanical site
preparation, all disturbed areas will be planted using an annual seed mix. The seed mix will hold
the soil, reduce weed competition, and create a microclimate conducive to seedling growth.
EBX will manage nuisance vegetation growth by mowing in between planted trees as needed
during the monitoring period. If necessary, selective application of a pre- emergent herbicide will
be used to control weedy competition. This management has show in the past to provide the
necessary advantage to planted seedling during their establishment. This release technique
temporarily removes competition until the woody buffer vegetation has become well established.
SUCCESS CRITERIA
Buffer vegetative success criteria are based upon the density and growth of target tree species as
shown in Table 5. Vegetative success criteria will be based upon guidelines set forth in the
Guidelines for Riparian Buffer Restoration prepared by the North Carolina Ecosystem
Enhancement Program and shall be defined s a success rate equivalent to 320 live stems per acre
at the end of the 5 -year monitoring period.
If vegetative success criteria are not achieved based on acreage density calculation from
combined monitoring plots over the entire restoration area, or if an inspection of the buffer
restoration site indicate that portions of the site do not have sufficient stem densities or are
otherwise deficient, supplemental planting shall be performed with tree species approved by
NCDWQ. Supplemental planting shall be performed as needed until vegetative success criteria
are met. No quantitative measurements of herbaceous vegetation performance will be required to
meet the vegetative success criteria. The quantity of monitoring plots shall be determined in
accordance with the Carolina Vegetation Sampling Protocol (levels I & II), such that no more
than 2 percent of the parcel is encompassed in monitoring plots. Size will be standard 1 /10
hectare plots and will be sampled according to the Carolina Vegetative Sampling Protocol (Lee et
al., 2006).
MONITORING PLAN
EBX shall submit to NCDWQ an annual monitoring report, no later than December 31, for each
year for five consecutive years after the first full growing season, describing the conditions of the
parcel and relating those conditions to the success criteria detailed in the above sections. Each
annual report shall contain the following:
1. USGS map;
2. Detailed narrative summarizing the condition of the bank and all regular maintenance
activities;
3. Site map showing location of sampling plots;
4. Photo log of each sampling plot;
5. Monitoring data, including specific vegetation counts and photographs; and
6. A copy of the Bank credit ledger.
WK Dickson & Co., Inc. 1 10
Bank Parcel Development Plan — Rudolph Buffer/Nutrient Offset Site

May 2010
III. MITIGATION POTENTIAL
This Bank Parcel Development Package presents 54.3 acres of permanent conservation easement
at the Rudolph BufferNutrient Offset Site in Johnston County, North Carolina. There are
currently 6.4 acres in the Conservation Reserve Program (CRP). The CRP areas within the
proposed easement will be removed from the CRP program prior to planting with appropriate
hardwood species and placement under a permanent conservation easement. The purpose of this
project is to generate riparian buffer and nutrient mitigation credits for the EBX Neuse Riparian
Buffer Umbrella Mitigation Bank. The site is consistent with applicable state guidance and the
provisions of the EBX Neuse Riparian Buffer Umbrella Mitigation Banking Instrument
(RBMBI). The legal limits of the mitigation site will be finalized when the conservation easement
is recorded. The parcel boundaries and proposed easement limits displayed in the report are based
on Johnston County GIS data and field collected GPS data. The final recorded conservation
easement will be consistent with the RBMBI provisions.
Nutrient reduction offsets and riparian buffer credits may be used to offset payments authorized
by state certifications required for compliance with wastewater discharge requirements,
basinwide stormwater requirements, and nutrient offset payments. The Rudolph Site credits will
be used in the hydrologic unit code (HUC) 03020201. All activities will be consistent with rules
adopted by the Environmental Management Commission and all other applicable authorities.
BUFFER AND NUTRIENT MITIGATION CREDITS
The Rudolph Site will generate up to 150,865 buffer mitigation units from the restoration of a 50-
foot wide buffer along the banks of Channel A. Re- planting of a 200 -foot buffer along Channels
A -D will generate up to 88,192.4 nitrogen credits at a rate of 2,273 credits per acre. Buffer
mitigation credits generated in the 50 -foot stream buffer may be used for either buffer mitigation
or nutrient offset mitigation; not both. The buffer restoration areas could generate up to 7,955.5
additional nitrogen credits, if so used. The Bank ledger will account for all mitigation credits and
debits. The legal limits of the mitigation site and final credit generation will be finalized when the
conservation easement is recorded. The Rudolph Site will service impacts within the USGS 8-
digit HUC 03020201 and North Carolina Division of Water Quality (DWQ) sub -basin 03- 04 -02.
The anticipated buffer and nutrient mitigation credits that the Rudolph Site will generate are
summarized in Table 5.
Table 5. Rudolph Buffer and Nutrient Mitigation Credit
Proposed Land Use
Rudolph Parcel
Kornegay Parcel
Total
Buffer Restoration acres
3.5
0.0
3.5
Buffer Restorations .ft.
150,865
0
150,865
Nutrient Uptake acres
30.6
8.2
38.8
Nutrient Up take Ibs
69,553.8
18,638.6
88,192.
Additional Easement Area acres
12.0
0.0
12.0
Total Easement Area acres 1
46.1
8.2
54.3
WK Dickson & Co., Inc. 11
Bank Parcel Development Plan — Rudolph Buffer/Nutrient Offset Site

May 2010
IV. MONITORING AND MAINTENANCE
RUC SERVICE AREA
The Rudolph Site will serve impacts in HUC 03020201. This HUC encompasses the upper Neuse
River drainage area and its major and minor tributaries. The use and application of the credits will
be consistent with the Mitigation Banking Instrument of the EBX Neuse Riparian Buffer
Umbrella Mitigation Bank. The mitigation credits may also be used in other authorized HUCs on
a case -by -case basis, as approved by DWQ.
MONITORING
Successful restoration of the vegetation on the mitigation site is dependent upon active planting of
preferred canopy species and volunteer regeneration of the native plant community. In order to
determine if the criteria are achieved, EEP -CVS vegetation monitoring plots will be installed
throughout the restoration site. The number of plots required will be based on the EEP -CVS plot
area curve method. The cumulative size of installed plots will cover approximately 2% of the
restoration site. The individual plots will be 0.01 hectare (100 square meters) in size and follow
the Level I and Level II monitoring protocol.
Vegetation monitoring will occur in spring after leaf -out has occurred. Individual plot data will be
provided and will include diameter, height, and density measurements. Relative values will be
calculated and importance values will be determined. Individual seedlings will be marked such
that they can be found in succeeding monitoring years. At the end of the first growing season,
species composition, density, and survival will be evaluated. For each subsequent year, until the
final success criteria are achieved, the restored site will be evaluated between July and November.
The monitoring will occur annually for five years. Monitoring reports will be submitted annually
following monitoring. Future site visits by the easement holder will be conducted annually unless
the easement holder is notified of unauthorized activities. Unauthorized activities will be
investigated and reported immediately to DWQ. Remedial action will be taken if required by
DWQ.
CREDIT RELEASE
The release of credits for the site will be as specified in the provisions of Mitigation Banking
Instrument of the EBX Neuse Riparian Buffer Umbrella Mitigation Bank.
CONSERVATION EASEMENT
A permanent conservation easement will be placed over the mitigation areas in perpetuity. The
easement will be recorded in the chain of title in the land records of Johnston County. The
conservation easement will be held by an approved non - profit conservation organization.
FINANCIAL ASSURANCES
Upon approval of the Rudolph Site Restoration Plan, the buffer sponsor will provide to DWQ
financial assurances for the pre - construction release of credits in the form of performance bonds,
letters of credit, or casualty insurance. Such financial assurances shall be in the amount of 20
percent of the credits anticipated to be generated multiplied by the current EEP price for riparian
buffer mitigation in the Neuse River Basin. Such financial assurances shall be retired upon
submittal of the As -Built report.
WK Dickson & Co., Inc. 12
Bank Parcel Development Plan — Rudolph Buffer/Nutrient Offset Site

May 2010
V REFERENCES
EBX Neuse I, LLC and NC Division of Water Quality. 2007. Agreement to Establish the EBX
Neuse Riparian Buffer Umbrella Mitigation Bank m Johnston. Wayne. and Jones Counties. North
Carolina. 9 pp.
Lee, Michael T.. R. K. Peet, S. D. Roberts. and T. R. Wentworth. 2006. CVS -EEP Protocol for
Recording Vegetation. Version 4.0 ( http: i/cvs .hiu.unc.cd(11methods.hlnt).
NCDENR. 2008 *'Water Qualit\ Stream Classifications for Streams in North Carolina." Water
Quality Section. ( htU?:/ l�iurtal .nalenr.�+r /�seh /«rlrps!csu�t lassifications).
North Carolina Geological Survey. 1991. Generalized Geologic Map of North Carolina. Raleigh.
NC.
North Carolina Department of Environment and Natural Resources 2004. Guidelines for Riparian
Buffer Restoration. Ecosystem Enhancement Program.
North Carolina Natural Heritage Program. 2008. Threatened and Endangered species workroom.
Radford. A.E., I I.E. Ahles, and C.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas.
University of North Carolina Press. Chapel Hill. N.C. 1.183 pp.
Schafale. Michael P. and Alan S. Weakley. 1990. Clussi ic•ution (?/Me Nalm-al Communities of
North Carolina Third .-ipi)r•orinrutiorr. North Carolina Natural Heritage Program. Division of
Parks and Recreation. Department of Environment and Natural Resources. Raleigh, NC. 325 pp.
United States Department of Agriculture (USDA) Natural Resources Conservation Service. 1994.
Soil Survey of Johnston County. North Carolina.
United States Fish and Wildlife Service. 2008. "Threatened and Endangered Species in North
Carolina." North Cur•olinu Ecological Serrives. w .fss-s.><ov /nc- cs /es /countvlr. ht nil)
United States Geological Survey. 1974. 7.5 Minute Topographic Map. Princeton. NC.
\\,K Dickson & Co., Inc. 13
Bank Parcel Development Plan - Rudolph Buffer /Nutrient Offset Site

Restoration Plan — Rudolph Riparian Mitigation Site
Appendix A — Photo Log
Moccasin Creek Swamp — downstream reference forest community
Moccasin Creek Swamp — downstream reference forest community
WK Dickson & Co.. Inc. A_5

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USGS Quad Map
Rudolph Buffer /Nutrient Offset Site
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