20081235 Ver 1_Wetland Mitigation Bank MBI_20130430

A- 35
Kulz, Eric
From: Kulz, Eric
Sent: Tuesday, April 30, 2013 7:58 AM
To: 'Christian Preziosi'
Cc: 'Bland, Raleigh W SAW'
Subject: RE: Brice Creek Weltland Mitigation Bank MBI- DWQ Signature Page
Attachments: Brice Creek DWQ Sig.pdf
Christian:
I have attached the DWQ signature page for the NE Cape Fear MBI.
Please let me know if you need anything else.
Eric W. Kulz
Environmental Senior Specialist
N.C. Division of Water Quality
Wetlands, Buffers, Stormwater - Compliance & Permitting Unit
1650 MSC
Raleigh, NC 27699 -1650
Phone: [phone]
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties
From: Christian Preziosi jmailto:cpreziosi @Imgroup.netl
Sent: Thursday, April 11, 2013 5:16 PM
To: Kulz, Eric
Cc: Bland, Raleigh W SAW ( Raleigh .W.Bland(&usace.army.rril); Hughes, Doug ( doug.hughes(&weyerhaeuser.com); Cale,
Alissa (alissa.cale(dweyerhaeuser.com)
Subject: Brice Creek Weltland Mitigation Bank MBI- DWQ Signature Page
Hey Eric -
Hope you have been doing well. I believe you may be the appropriate contact for receiving the signature page of the
MBI for the Brice Creek Wetland Mitigation Bank in Craven County. In February, Raleigh Bland transmitted signature
pages to the IRT members. The Corps of Engineers and the Sponsor (Weyerhaeuser) have both signed the MBI (see
attached approved MBI).
In discussions with Mickey Sugg earlier this week, he indicated that Chuck Wakild is the DWQ representative signing
MBI's. I have attached a signature page for Mr. Wakild. Can you forward this for his signature? Once signed, can you
transmit back to Raleigh and cc. me?
If you have any questions or would like to discuss, please call or email me. Thank you for your time and assistance.
Regards,
Christian
Christian Preziosi I Environmental Consultant

Direct 452 -0001 x 1909 1 Cell 910 471 0515 1 Fax [phone]
Email cpreZIOSI @-Imgroup net
Land Management Group, Inc I Environmental Consultants
3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www Imgroup net
LMG
Lh'-V &1AZ1,A.(,1N1 117 G31JaP ,.,

Pat McCrory
Governor
��
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P. E. John E. Skvarla, III
MEMORANDUM
TO: Chuck Wakild
Director
April 17, 201is
Ted Bush
Division of Water Quality Director's Office
FROM: Eric Kulz
Stream and Wetland Mitigation Coordinator
THROUGH: Karen Higgins 6-
Wetlands, Buffers, Stormwater — Compliance & Permitting Unit
Supervisor
Cyndi Karoly 0<
Wetlands & Stormwater Branch Supervisor
Matt Matthews M- 0—
Surface Water Protection Section Chief
Secretary
SUBJECT: Division Approval of the Mitigation Banking Instrument for the Brice Creek
Wetland Mitigation Bank for Weyerhauser NR Company (DWQ #08 -1235)
This bank was originally proposed in 2008. A draft of the Mitigation Plan was provided in May
2012, and the final Mitigation Plan and draft MBI were submitted and approved in December
2012. A copy of the Final MBI is included for signature.
The Plan and MBI were reviewed by DWQ as part of the IRT and recommend approval of this
mitigation bank. Please sign the signature pages for the MBI. I will return one copy of the
signature page to USACE. We will then receive a complete signed copy of the MBI.
Wetlands, Buffers, Stormwater — Compliance and Permitting (Webscape) Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: 919 - 807.64941 Customer Service: 1- 877 -623 -6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
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APR 1 1 2013
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AGREEMENT TO ESTABLISH THE
BRICE CREEK WETLAND MITIGATION BANK
IN CRAVEN COUNTY, NORTH CAROLINA
(USACE Action ID No. SAW - 2008 - 02310)
This Mitigation Banking Instrument (MBI) is made and entered into on the 01day of
c,►1�M ,
20 r4 by the Weyerhaeuser NR Company hereinafter Sponsor, and the U. S. Army
Corps df Engineers (Corps), and each of the following agencies, upon its execution of this MBI,
the Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS), the
National Marine Fisheries Service (NMFS), the North Carolina Wildlife Resources Commission
(NCWRC), the North Carolina Division of Coastal Management (NCDCM), and the North
Carolina Division of Water Quality (NCDWQ). The Corps, together with the State and Federal
agencies that execute this MBI, are hereinafter collectively referred to as the Interagency Review
Team (IRT).
WHEREAS the purpose of this agreement is to establish a mitigation bank (Bank) providing
compensatory mitigation for unavoidable wetland impacts separately authorized by Section 404
Clean Water Act permits and /or Section 10 of the Rivers and Harbors Act permits in appropriate
circumstances;
WHEREAS the Sponsor is the record owner of that certain parcel of land containing
approximately 636 acres located in Craven County, North Carolina, described in the Brice Creek
Wetland Mitigation Bank - Mitigation Plan (August 2012 Mitigation Plan — Appendix A), and as
shown on the attached survey (Appendix B);
WHEREAS the agencies comprising the IRT agree that the site, totaling 636 acres (Appendix
B) is a suitable mitigation bank site, and that implementation of the Mitigation Plan is likely to
result in net gains in wetland and/or stream functions at the Bank site, and have therefore
approved the Mitigation Plan;
THEREFORE, it is mutually agreed among the parties to this agreement that the following
provisions are adopted and will be implemented upon signature of this MBI.
Section I: General Provisions
A. The Sponsor is responsible for assuring the success of the restoration, enhancement, and
preservation activities at the Bank site, and for the overall operation and management of the
Bank. The Sponsor assumes the legal responsibility for providing the compensatory mitigation
once a permittee secures credits from the Sponsor and the District Engineer (DE) receives
documentation that confirms the Sponsor has accepted responsibility for providing the required
compensatory mitigation.

B. The goal of the Bank is to restore, enhance, and preserve non - riparian wetlands and their
functions to compensate in appropriate circumstances for unavoidable wetland and stream
impacts authorized by Section 404 of the Clean Water Act permits and or Section 10 of the
Rivers and Harbors Act permits in circumstances deemed appropriate by the Corps after
consultation, through the permit review process, with members of the IRT.
C. Use of credits from the Bank to offset wetland impacts authorized by Clean Water Act
permits must be in compliance with the Clean Water Act and implementing regulations,
including but not limited to the 404(b)(1) Guidelines, the National Environmental Policy Act,
and all other applicable Federal and State legislation, rules and regulations This agreement has
been drafted in accordance with the regulations for Compensatory Mitigation for Losses of
Aquatic Resources effective June 9, 2008 (33 CFR Parts 325 and 332) ( "Mitigation Rule ")
D The IRT shall be chaired by the DE of the U S Army Corps of Engineers, Wilmington
District The IRT shall review documentation for the establishment of mitigation banks The
IRT will also advise the DE in assessing monitoring reports, recommending remedial measures,
approving credit releases, and approving modifications to this instrument The IRT's role and
responsibilities are more fully set forth in Sections 332.8 of the Mitigation Rule The IRT will
work to reach consensus on its actions
E The DE, after consultation with the appropriate Federal and State review agencies through the
permit review process, shall make final decisions concerning the amount and type of
compensatory mitigation to be required for unavoidable, permitted wetland impacts, and whether
or not the use of credits from the Bank is appropriate to offset those impacts In the case of
permit applications and compensatory mitigation required solely under the Section 401 Water
Quality Certification rules of North Carolina, the N C. Division of Water Quality (NCDWQ) will
determine the amount of credits that can be withdrawn from the Bank
F The parties to this agreement understand that a watershed approach to establish compensatory
mitigation must be used to the extent appropriate and practicable. Where practicable, in -kind
compensatory mitigation is preferred.
Section II: Geographic Service Area
The Geographic Service Area (GSA) is the designated area within which the bank is authorized
to provide compensatory mtigation required by DA permits. The GSA for this Bank shall
include the Lower Neuse River Basin, Hydrologic Unit 03020204. The service area is based on
the location and scope of the project which will generate tangible water quality and habitat
benefits through the cessation of silvicultural land use activities and the restoration of headwater
wetland ecosystems Use of the Bank site to compensate for impacts beyond the GSA may be
considered by the Corps or the permitting agency on a case -by -case basis.

Section III: Mitigation Plan
Any Mitigation Plan submitted pursuant to this agreement must contain the information
listed in 332.4(c)(2) through (14) of the Compensatory Mitigation Rule
A. The Bank site is a currently managed for silvicultural production A more detailed
description of the baseline conditions on the site is contained in the Mitigation Plan.
B. The Sponsor will perform work described in Section V of the Mitigation Plan, including
restoration of 473 acres (ac.) non - riparian wetlands. A total of 163 ac of non- ripanan wetland
enhancement will also be included in the Bank The work associated with the Bank will include
backfilling of existing ditches, removal of existing soil roads, and planting of native hardwood
seedlings
The purpose of this work, and the objective of the Bank, is to restore and enhance the wetlands
associated with the headwaters of several tributaries of the Lower Neuse River. Development of
the Bank will reduce nutrient inputs, stormwater discharge, and flow velocities in a watershed
that is experiencing rapid development.
C. The Sponsors shall monitor the Bank Site as described in Section VII of the Mitigation Plan,
until such time as the IRT determines that the success criteria described in Section VII of the
Mitigation Plan have been met
D. The members of the IRT will be allowed reasonable access to the Property for the purposes
of inspection of the Property and compliance monitoring of the Mitigation Plan
Section IV: Reporting
A. The Sponsor shall submit to the DE, for distribution to each member of the IRT, an annual
report describing the current condition of the Bank and the condition of the Bank in relation to
the success criteria in the Mitigation Plan The Sponsor shall provide to the DE any monitoring
reports described in Section VII of the Mitigation Plan
B The Sponsor shall provide ledger reports documenting credit transactions as described in
Section VIII of this MBI
C. Each time an approved credit transaction occurs, the Sponsor must notify the DE within 30
days of the transaction
Section V: Remedial Action
A The DE shall review the monitoring reports, and may, at any time, after consultation with the
Sponsor and the IRT, direct the Sponsor to take remedial action at the Bank site Remedial

action required by the DE shall be designed to achieve the success criteria specified in the
Mitigation Plan. All remedial actions required under this section shall include a work schedule
and monitoring criteria that will take into account physical and climactic conditions
B. The Sponsor shall unplement any remedial measures required pursuant to the above
C. In the event the Sponsor determines that remedial action may be necessary to achieve the
required success criteria, it shall provide notice of such proposed remedial action to all members
of the IRT No remedial actions shall be taken without the concurrence of the DE, in
consultation with the IRT
Section VI: Use of Mitigation Credits
Description of Wetland Community Types:
A. Wetland community types found in a mitigation bank will be described in accordance with the
procedures found in the NC Wetland Assessment Method (NC WAM, USACE, 2007) It is
expected that impacts to the NC WAM types listed below will be compensated by the Mitigation
Types as listed in order to qualify as "In- Kind" mitigation Exceptions to the use of "In- Kind"
mitigation may be allowed at the discretion of the permitting agencies on a case -by -case basis
Tahle 2. Wetland Community Tvnes
Mitigation T e
NCWAM Type
CAMA Coastal Wetland
Salt/Brackish Marsh*
Riparian ( Rivenne)
_
Riverine Swamp Forest/Non -Tidal Freshwater Marsh, Tidal
Freshwater Marsh
Riparian (Non - Rivenne)
Bottomland Hardwood Forest, Headwater Wetland, Flood -
Plain Pool, Mountain Bog*
Non - Ripanan
Non - Rivenne Swamp Forest, Seep, Small Basin Wetland,
Pocosins, Estuarine Woody, Pine Flat, Pine Savannah,
Hardwood Flat
*Note that these wetland types only occur in select RUCs of North Carolina
B It is anticipated by the parties that in most cases in which the DE, after consultation with the
IRT, has determined that mitigation credits from the Bank may be used to offset wetland impacts
authorized by Section 404 permits and/or Section 10 permits, that the Restoration Equivalents, as
enumerated above, constitute credits that are considered to be equal to restoration credits for the
purposes of compensatory mitigation Therefore, the use of Restoration credits or Restoration
Equivalents credits, or any combination thereof, is acceptable to the DE for any permit
requirement so long as the required amount of credits are debited for a given mitigation
requirements It is also understood that in order to satisfy mitigation requirements imposed by
the NC Division of Water Quality, restoration impact amounts must be at a minimum of 1 1 such
that for every one acre of impact, at least one acre of mitigation must be in the form of

restoration. Additionally, decisions regarding stream mitigation will be made consistent with
current policy and guidance and will be made on a case by case basis Wetland and stream
compensation ratios are determined by the DE on a case -by -case basis based on considerations of
functions of the wetlands and/or streams impacted, the seventy of the wetland and/or stream
impacts, the relative age of the mitigation site, whether the compensatory mitigation is in -kind,
and the physical proximity of the wetland and/or stream impacts to the Bank site.
Table 3. Midi ation tT es and uantities acres
Mitigation Type
Acreage
Credits
Non - Ripanan Wetland Restoration
473
J 473
Non- Ripanan Wetland Enhancement
163
81.5 (re)
TOTAL
636
554.5
re= restoration- equivalent credit
C. Notwithstanding the above, all decisions concerning the appropriateness of using credits from
the Bank to offset impacts to waters and wetlands, as well as all decisions concerning the amount
and type of such credits to be used to offset wetland and water impacts authorized by Department
of the Army permits, shall be made by the DE, pursuant to Section 404 of the Clean Water Act
and implementmg regulations and guidance, after notice of any proposed use of the Bank to the
members of the IRT, and consultation with the members of the IRT concerning such use Notice
to and consultation with the members of the IRT shall be through the permit review process.
Section VII: Credit Release Schedule
All credit releases must be approved by the DE, in consultation with the IRT, based on a
determination that required success criteria have been achieved.
A. Credit Release Schedule for Forested Wetlands: If deemed appropriate by the IRT, fifteen
percent (15 %) of the Bank's total restoration credits shall be available for sale immediately upon
completion of all of the following.
1. Execution of this MBI by the Sponsor, the DE, and other agencies eligible for membership
in the IRT who choose to execute this agreement;
2. Approval of the final Mitigation Plan;
3 Mitigation bank site has been secured;
4 Delivery of the financial assurance described in Section IX of this MBI, and
5 Recordation of the long -term protection mechanism described in Section X of this MBI, as
well as a title opinion covering the property acceptable to the DE
The Sponsor must complete the initial physical and biological improvements to the Bank site
pursuant to the Mitigation Plan no later than the first full growing season following initial
debiting of the Bank Subject to the Sponsor's continued satisfactory completion of all required

success criteria and monitoring, additional restoration mitigation credits will be available for sale
by the Sponsor on the following schedule
1 15 % upon completion of all initial physical and biological improvements made pursuant
to the Mitigation Plan (total 30 %);
2 10% after first year, if interim success measures are met (total 40 %),
3 10% after second year, if interim success measures are met (total 50 %);
4 10% after third year, if interim success measures are met (total 60 %),
5. 10% after fourth year, if interim success measures are met (total 70 %);
6. 10% after fifth year, if Success Criteria are met (total 80 %),
7. 10% after sixth year, if vegetative Success Criteria are met (90 %), and
8 10% after seventh year, if vegetative Success Criteria are met (100 %).
Provided that all Success Criteria are met, the IRT may allow the Sponsor to discontinue
hydrologic monitoring after the fifth year. The Sponsor will be required to monitor vegetation
for an additional two years after the fifth year for a total of seven years
Tnhle d_ Credit Release Schednle for Wetlands
6
Projected
Percentage-of Wetland
Credits
-Cumulative
Task
Completion Date
Credits Released (%
Released
Credits
cumulative )
Released
1-0 Signing of the MBI,
11/1%12
15 (15)
832
83 2-
Recordation of Conservation
Easement Deed, Delivery of
Financial Assurances
2 0 Completion of Physical and
11/2013
15 (30)
831
1663
Biological Improvements
3 0 Year 1 Fulfill Success
1/2015
10 (40)
55 5
2218
Criteria
_
4 0 Year 2 Fulfill Success
1/2016
10 (50)
554
2772
Criteria
-5 0 Year 3 Fulfill Success
1/2017
10 (60)
555
3327
Criteria
6C Year 4 Fulfill Success
1/2018-
10 (70)
554
388 1
Criteria
7 0 Year 5 Fulfill Su cc ess
1/2019
_ _I
10 (80)
_ _
53-5
4436
Criteria
8 0 Year 6 Fulfill Success
1/2020
_
10 (90) 1
554- 1
499
Cntena_
T _ _ _
9 0 Year 7 Fulfill Success
1/2021
10 (100)
55.5
5545
Criteria
TOTAL
100%
554.5
6

Section VIII: Accounting Procedures
A The Sponsor shall develop accounting procedures acceptable to the IRT for maintaining
accurate records of debits made from the Bank Such procedures shall include the generation of
a ledger by the Sponsor showing credits used at the time they are debited from the Bank. All
ledger reports shall identify credits debited and remaining by type of credit and shall include for
each reported debit the Corps ORM ID number for the permit for which the credits were utilized
and the permitted impacts for each resource type Each time an approved credit transaction
occurs, the Sponsor must notify the DE within 30 days of the transaction.
B The Sponsor shall prepare an annual ledger report, on each anniversary of the date of
execution of this agreement, showing all credits used, any changes in credit availability (e.g.,
additional credits released, credit sales suspended), and the beginning and ending balance of
credits remaining The Sponsor shall submit the annual report to the DE, for distribution to each
member of the IRT, until such time as all of the credits have been utilized, or this agreement is
otherwise terminated
Section IX: Financial Assurances
A. The Sponsor shall provide financial assurances in a form acceptable to the IRT sufficient to
assure completion of all mitigation work, required reporting and monitoring, and any remedial
work required pursuant to this MBI These financial assurances are provided in the form of two
performance bonds A construction bond, in the sum of $154,000, represents 30% of the
projected construction, planting, and contingency costs associated with the activities described in
the Mitigation Plan. The monitoring bond, in the sum of $25,830, represents 10% of the
projected monitoring costs for the seven (7) year schedule described in the Mitigation Plan
B Financial assurances shall be payable at the direction of the DE to his designee or to a
standby trust Financial assurances structured to provide funds to the Corps of Engineers in the
event of default by the Bank Sponsor are not acceptable
C A financial assurance must be in the form that ensures that the DE receives notification at
least 120 days in advance of any termination or revocation
Section X: Long -Term Protection
A The North Carolina Coastal Land Trust (Land Trust), a registered 501(c)3 entity, will serve
as the holder of the conservation easement (CE) for the Bank The Land Trust will maintain the
CE in perpetuity and provide for the long -term stewardship of the land through annual
monitoring activities Title to the land will reside with the current owners, Weyerhaeuser
Company Refer to the attached conservation easement plats for the tract (Appendix B) The CE
shall be perpetual, preserve all natural areas, and prohibit all use of the property inconsistent with
its use as mitigation property, including any activity that would materially alter the biological
integrity or functional and educational value of wetlands or streams within the Bank site,

consistent with the Mitigation Plan The purpose of the CE will be to assure that future use of
the Bank site will result in the restoration, protection, maintenance and enhancement of wetland
functions described in the Mitigation Plan
B. The Sponsor shall deliver a title opinion acceptable to the DE covering the mitigation
property The property shall be free and clear of any encumbrances that would conflict with its
use as mitigation, including, but not limited to, any liens that have priority over the recorded
preservation mechanism.
C. Subsequent to the recording of the CE, the Sponsor may convey the Bank Site property in
fee The terms and conditions of this conveyance shall not conflict with the intent and provisions
of the CE nor shall such conveyance enlarge or modify the uses specified in the CE
The CE must contain a provision requiring 60 day advance notification to the DE before any
action is taken to void or modify the CE, including transfer of title to, or establishment of any
other legal claims over, the project site
Section XI: Long -term Management
A. The Land Trust (as identified above) will be responsible for the long -term stewardship of the
conservation easement The primary objective of the long -term stewardship is to ensure that the
easement terms are enforced and that the site remains in its natural state.
B. An endowment will be provided to the Land Trust by the Sponsor to assist with the long -term
stewardship expenses of the Bank site.
Section_XII:_ Default and Closure
A It is agreed to establish and/or maintain the Bank site until (i) credits have been exhausted or
banking activity is voluntarily terminated with written notice by the Sponsor provided to the DE
and other members of the IRT; and (n) it has been determined and agreed upon by the DE and
IRT that the debited Bank site has satisfied all the conditions herein and in the Mitigation Plan.
If the DE determines that the Bank site is not meeting performance standards or complying with
the terms of the instrument, appropriate action will be taken Such actions may include, but are
not limited to, suspending credit sales, adaptive management, decreasing available credits,
utilizing financial assurances, and terminating the instrument.
B Any delay or failure of Bank Sponsor shall not constitute a default hereunder if and to the
extent that such delay or failure is primarily caused by any act, event or conditions beyond the
Sponsor's reasonable control and significantly adversely affects its ability to perform its
obligations hereunder including (i) acts of God, lightning, earthquake, fire, landslide, or
interference by third parties, (n) condemnation or other taking by any governmental body, (iii)
change in applicable law, regulation, rule, ordinance or permit condition, or the interpretation or
enforcement thereof, (iv) any order, judgment, action or determination of any federal, state or

local court, administrative agency or government body, or (v) the suspension or interruption of
any permit, license, consent, authorization or approval If the performance of the Bank Sponsor
is affected by any such event, Bank Sponsor shall give written notice thereof to the IRT as soon
as is reasonably practicable If such event occurs before the final availability of all credits for
sale, the Sponsor shall take remedial action to restore the property to its condition prior to such
event, in a manner sufficient to provide adequate mitigation to cover credits that were sold prior
to such delay or failure to compensate for impacts to waters, including wetlands, authorized by
Department of the Army permits Such remedial action shall be taken by the Sponsor only to the
extent necessary and appropriate, as determined by the IRT.
C. At the end of the monitoring period, upon satisfaction of the performance standards, the
Sponsor may submit a request to close, out the Bank site to the DE The DE, in consultation with
the IRT, shall use best efforts to review and comment on the request within 60 days of such
submittal If the DE determines the Sponsor has achieved the performance standards in
accordance with the mitigation plan and all obligations under this MBI, the DE shall issue a
close out letter to the Sponsor
Section XIII: Miscellaneous
A. Any agency participant may terminate its participation in the IRT with notice in writing to all
other parties to this agreement Termination shall be effective seven (7) days from placing
written notices in the United States mail Member withdrawal shall not affect any prior sale of
credits and all remaining parties shall continue to implement and enforce the terms of this MBI.
B Modification of this MBI shall be in accordance with the procedures set forth in 332.8 of the
mitigation rule
C No third party shall be deemed a beneficiary hereof and no one except the signatories hereof,
their successors and assigns, shall be entitled to seek enforcement hereof.
D. This MBI constitutes the entire agreement between the parties concerning the subject matter
hereof and supersedes all prior agreements or undertakings
E In the event any one or more of the provisions contained in this MBI are held to be invalid,
illegal or unenforceable in any respect, such invalidity, illegality or unenforceablility will not
affect any other provisions hereof, and this MBI shall be construed as if such invalid, illegal or
unenforceable provision had not been contained herein
F This MBI shall be governed by and construed in accordance with the laws of North Carolina
and the United States as appropriate
G This MBI may be executed by the parties in any combination, in one or more counterparts,
all of which together shall constitute but one and the same instrument

H The terms and conditions of this MBI shall be binding upon, and inure to the benefit of the
parties hereto and their respective successors
I. All notices and required reports shall be sent by regular mail to each of the parties at their
respective addresses, provided below
Sponsor.
Mr. Doug Hughes
Weyerhaeuser NR Company
211 Armstrong Road
Columbia, MS 39429
Corps:
Mr Raleigh Bland
U.S. Army Corps of Engineers
Regulatory Division
2407 West Fifth Street
Washington, NC 27889
EPA -
Ms. Jennifer Derby
Wetlands Section - Region IV
Water Management Division
U.S Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
FWS•
Mr Pete Benjamin
U S Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636 -3726
NMFS
Mr. Ron Sechler
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
NCWRC
Mr Travis Wilson
North Carolina Wildlife Resources Commission
10

127 Cardinal Drive Extension
Wilmington, NC 28405
NCDCM:
Mr. Steve Sollod
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
NCDWQ:
Ms. Cyndi Karoly
NC Division of Water Quality
North Carolina Department of Environment and Natural Resources
Post Office Box 29535
Raleigh, NC 27626 -0535
11

IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The Brice Creek Wetland Mitigation Bank in Craven County,
North Carolina ":
Sponsor:
By: Date: 4 AAhu.w'r�,/ aA 3
U.S. Army Corps of Engineer
By:- �' L
Date: u Z o 3
IT
12
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}: SEAL D:
• 4SHIN��,.''

List of Appendices
Appendix A: Conservation Easement Survey
Appendix B: Northeast Cape Fear Umbrella Mitigation Bank —
Final Mitigation Plan (April 2013)
Appendix C: Map — Geographic Service Area
Appendix D: Construction and Monitoring Costs
Appendix E: Mitigation Bank Insurance Policy
Appendix F: Conservation Easement Deed
Page 2 of 2 Pages

IN WITNESS WHEREOF, the parties hereto have executed this Mitigation Banking
Instrument entitled "Agreement To Establish The Brice Creek Wetland Mitigation Bank in
Craven County, North Carolina ":
N.C. Division of Water Quality
Mr Charles Wakild, P E Director
By.
Date
Page 1 of 2 Pages