20140573 Ver 1_Emails_20140731

Burdette, Jennifer a
From:
Burdette, Jennifer a
Sent:
Thursday, July 31, 2014 11:12 AM
To:
'Dana A. Lutheran'
Cc:
' scott cayton'; 'David Scibetta'
Subject:
RE: Grantsboro Mine Pre - Construction Notification (PCN)
LM
Jennifer Burclette
401/Buffer
401 & Buffer Permitting Unit
Wetlands Branch
NCDENR — Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699 -1617
(919) 807 -6364 phone
0ennifer.burdette @ncdenr.gov
*Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties unless the content is exempt by statute or other regulation. *
From: Dana A. Lutheran ,i� uII � ;illluutl� rii;; ir��P1 &, rgu u.s1
Sent: Wednesday, July 30, 2014 12:00 PM
To: Burdette, Jennifer a; 'Greer, Emily C SAW'
Cc: 'scott cayton'; 'David Scibetta'
Subject: RE: Grantsboro Mine Pre - Construction Notification (PCN)
Jennifer,
Thank you for bringing the wetland impact acreage concern to my attention
After returning to the office, I reviewed the site impact map with David Scibetta. He confirmed that the wetland impact total
is 4.91 acre. This increases the overall mitigation to impact ratio to 1.33 to 1. 1 have revised Page 3 of the PCN and the
Proposed Mitigation Plan, to reflect this correction (see attached). In addition, I have attached the USACE's Draft
Declaration of Restrictions, which should be included as part of Appendix D of the Mitigation Plan. As you will notice,
when you review the attached Mitigation Plan, I have included a new Appendix D cover sheet, which reflects the inclusion
of the Draft language. Please replace previously submitted pages with those attached to this email.
Lastly, 4 copies of the permit will be sent via FeclEx to your physical address today. You should have them by tomorrow.
Please confirm receipt of the packet.
As always, feel free to call if you have any questions or concerns.
Dana

50utkern Environmental (,I rouP, Inc:.
53 1 5 �30 Jtk C.oIIege K0a3d, Suite E_
Wilmington, NC.. 28-112
rkone: j 10A 152.271 1
Mokile: j 10.228.18-11
From: Burdette, Jennifer a inn .;ii,llt� � ;i ,ir�u��ru 13u.MuuJeft 1ir�: � w;i q y11
Sent: Tuesday, July 29, 2014 12:07 PM
To: Dana A. Lutheran; 'Greer, Emily C SAW'
Cc: 'scott cayton'; 'David Scibetta'
Subject: RE: Grantsboro Mine Pre - Construction Notification (PCN)
fflo
We need 4 copies of the application. You may want to correct the acreage of 404 wetland impact reported
under Section 11. — A. Objective of the Mitigation Plan from 5.33 to 4.91 acres
Raleigh, NC 27699 -1617
(919) 807 -6364 phone
0ennifer.burdette @ncdenr.gov
From: Dana A. Lutheran inn ull ; �illuu�I�,wru ir).@s rgu u.s1
Sent: Monday, July 28, 2014 5:54 PM
To: Burdette, Jennifer a; 'Greer, Emily C SAW'
Cc: 'scott cayton'; 'David Scibetta'
Subject: Grantsboro Mine Pre - Construction Notification (PCN)
Jennifer/ Emily:
Please find attached a copy of the PCN and accompanying attachments.
Emily,
Do you need a hard copy?
Jennifer,

How many copies do you need?
Please feel free to call if you have any questions or concerns before I mail the hard copies to you.
Dana
50utkern Environmental (,I rouP, Inc:.
53 1 5 �30 Jtk C.oIIege KOa3d, Suite E_
Wilmington, NC.. 28-112
rkone: j i O. 152.271 1
Mokile: j 10.228.18-11

.......................... . ..... .......... ..... ..... . ..........
3e. Describe the overall project in detail, including the type of equipment to be used:
Trackhoes and front end loaders will be used to remove root mat and woody debris from the minable area. Excavators will
then remove the overburden and sand from the pit. The soil will be sifted and sold to private residents and commercial
businesses alike.
. ...... . . ........... ............ . .....
4. Jurisdictional Determinations
-.--­ . ...... ......
.. W Ha ve jur i sdict ion al wetland or strea m 0 Ye s
❑No ❑Unknown
determinations by the Corps or State been Comments:
_f2qp2s��.,qr.obtained for this
. ..... ........ obtained I proje�, . ...... . .. .....
4b. If the Corps made the jurisdictional determination,
❑Preliminary ZFinal
what type of determination was made?
4c. If yes, who delineated the jurisdictional areas Agency/Consultant Company:
Name (if known): David Scibetta SEQ
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Emily Greer verified SEGVs wetland line on 6/2/14. Ms. Jennifer Burdette (NCDWR) was present at the time of the
verification. Please see Attachment 4, entitled Grantsboro Mine Mitigation Plan, for a copy of the JD.
5. Project History
5a. Have permits or certifications been requested or
❑Yes NNo ❑Unknown
obtained for this project (including all prior phases)
in the past?
5b. If yes, explain in detail according to "help file" instructions.
NA
. . ............ . .....................
6. Future Project Plans
6a. Is this a phased project?
. . . . . ....................
❑Yes ZNo
. . . ......... .
6b. If yes, explain.
NA
C. Proposed Impacts Inventory
.................. . ..... - ....... .......
1. Impacts Summary
------ . . . . . . . ............. . . . . .. ............... . ....... . ............................ . . ....... . . . . . . ........................... .. ...........................
I a. Which sections were completed below for your project (check all that apply):
ZWetlands Ostreams - tributaries ❑Buffers Zopen waters ❑Pond Construction
........... . ...... . . . .......... . . . ...... . ................... . . ..............
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of impact
number Permanent Corps (404,10) or (acres)
(P) or Temporary (T) DWR (401, other)
. . ............................. . . . ......... . . .
Temporary J fill Pocosin Yes 404 0.49 -ITmm
Permanent Excavation mmm Pocosin Yes 404 4.91
. ..........
. . . . . . . ............ ................
2g. Total Permanent Wetland Impacts: 4.91
........... . ..... ........ ............
2h. Comments: The fill is associated with the stock pile locations and access road. These areas will eventually be excavated to]-
material. Please see the attached Mitigation Plan for details of the wetland impact areas.
---- . . . ........... - . .... . ..... -- . .......... . . .

authern F mAr- ammental Group, Ine.
5315 South College Road, Suite E, 3Wilydngtow, North Carolina 20412
910.452.2711 3/,Fax [phone]/b €ieefte i�us
www.aegi.ua
Grantsboro Mine Wetland Mitigation Plan
Prepared for:
Cayton Development LLC
PO Box 3361
New Bern, North Carolina 28564
252.671.3172
Prepared by:
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, North Carolina 28412
910.452.2711
Date:
28 July 2014

(ZaVton D)MIapmfit Mltlgatlafl plsm (page 11 2) I
Table of Contents
Section Description Page
I
Introduction
3
B
A. Project Description
3
C
B. Mitigation Rule Background Information
3
D
C. Mitigation Mechanisms
3
E
D. Permittee - Responsible Mitigation Plan Standards
3
II
Proposed Permittee Responsible Mitigation Plan
4
A. Objective
4
B. Site Selection
4
C. Baseline Information
5
D. Mitigation Work Plan
5
III
Ecologically -based Performance Standards
6
A. Vegetation
6
B. Hydrology
6
IV
Monitoring Requirements
6
V
Contingency Plan
7
Appendices
Appendix Description Page
A
Grantsboro Mine Wetland Impact Map
8
B
USACE Jurisdictional Determination
9
C
Grantsboro Mine Mitigation Map
10
D
Grantsboro Mine Declaration of Restrictions and Preservation Exhibit
11
E
Soil Survey of Pamlico County
12

(Zaytan p)MIOPmfit MNA806fl PI&I (peke 11 3) $M
L Introduction
A. Project Description
Cayton Development, LLC, herein referred to as the "Applicant ", has undertaken sand mining activities, within
an area determined to be Section 404 wetlands, by the U.S. Army Corps of Engineers ( USACE), and on
property owned by the Applicant. In order to complete the mining and make the project economically
practicable, the Applicant will need to fill 0.49 acres and excavate 5.0 acre of Section 404 wetlands (see
Appendix A). To complete the work, the Applicant is seeking USACE and Division of Water Resources
authorization to utilize Nationwide Permits (NWP) 27 and 44. As part of the permit process, the Applicant is
required to propose adequate compensatory mitigation plan, to offset the unavoidable impacts to wetlands.
B. Mitigation Rule Background Information
In 2008, the U.S. Environmental Protection Agency (EPA) published the "Mitigation Rule ", which is outlined in
Part 73, of the Federal Register, Page 19594. The rule establishes one set of standards for all mitigation required
under the Clean Water Act's Section 404 regulatory program. The rule combines previous guidance documents,
ranks the permissible compensation mechanisms in order of preference, and provides that all of these
compensation options must include a mitigation plan with a uniform, required set of components.
C. Mitigation Mechanisms
There are three (3) approved types of compensatory mitigation and should. They are as follows:
• Private Mitigation Banks
The first, and preferred option, is for permittees to purchase credits from an approved mitigation
bank. A mitigation bank is a wetland, stream, or other aquatic resource area that has been established
by a third -party organization.
• In -Lieu Fee Programs
The second option for mitigating impacts involves payment to an in -lieu fee program that will in turn
fund aquatic resource creation, restoration, enhancement, or preservation activities.
• Permittee- Responsible Mitigation
The final and least desirable option in the USACE' hierarchy allows the permittee itself to restore,
establish, enhance, or create aquatic resources. The permittee may implement mitigation measures
on -site or within the same river basin as the project site.
Note: The mitigation mechanisms have been listed in the order of preference.
D. Permittee- Responsible Mitigation Plan Standards
Standardized reporting criteria will help the USACE evaluate compliance and success of all mitigation methods
used to offset impacts to jurisdictional waters. This is accomplished by addressing the "Twelve Fundamental
Components of Mitigation." The rule describes the kind and level of information the USACE must consider
under any of the mitigation options. All mitigation plans should include most, if not all, of the 12 fundamental
components. They are as follows:

(Zaytan D)MIapmfit MINA806fl PI&I (pee IP ¢)
Objectives
Site selection information
Site protection instruments
Baseline information
A credit determination methodology
A mitigation work plan
A maintenance plan
Ecologically -based performance standards
Monitoring requirements
A long -term management plan
An adaptive management plan
Financial assurances
II. Proposed Permittee - Responsible Mitigation Plan
A. Objective
In order to facilitate the mining of sand, 4.91 acres of USACE Section 404 wetlands will need to be
impacted. While the preferred method of mitigation is payment to a private mitigation bank or the NC
Ecosystem Enhancement Program (EEP), these options are not financially feasible for the Applicant, as a one
to one (1:1) mitigation to impact ratio would cost $251,565.00. Therefore, in conjunction with the
Applicant's willingness to minimize impacts to wetlands, he also proposes to carry out the following
compensatory mitigation:
Mitigation Type Proposed Acreage Mitigation to Impact Ratio
Enhancement (pond areas)
2.86
.58 to 1
Enhancement (vegetative area)
1.91
.39 to 1
Establishment
1.74
.35 to 1
Total Enhancement & Establishment
6.51
1.33 to 1
Preservation
6.51
1.33 to 1
B. Site Selection
1. Enhancement (Restoration) and Establishment (Creation) Areas
The Applicant is proposing to utilize land within the project limits, to fulfill the mitigation plan.
Currently, there are two borrow pits on the property. The ponds were excavated prior to the Applicant
taking ownership of the property. One of the ponds has been claimed by the USACE, as jurisdictional
waters (see Appendix B). Cumulatively, the ponds encompass 2.87 acres. The ponds have been bermed
up and are adjacent to wetlands to the south and east. The fringe of the wetland feature to the east of the
borrow pits has been cleared of larger trees and shrubs.
Utilizing the NC Division of Water Resources Wetland Assessment Method Manual', the adjacent
wetlands have been classified as a hardwood flat. These wetlands are typically found in the coastal plain
ecoregions, on poorly drained, interstream flats and can transition to Pocosin, Pine Savanna, Pine Flat,
and Non - Riverine Swamp Forest. The primary source of water is a high water table resulting from
precipitation and overland runoff, are commonly dominated by hardwood tree species.
2. Preservation Areas
The proposed preservation areas include the mitigation areas (6.51 AC (see Appendix D)).
' NC Department of Environment and Natural Resources, Wetland Assessment Method v4.1

(Zaytan D)MIOPmfit MINARtlan plon (peke 11 3) I
C. Baseline Information
Baseline information was collected for the impact and mitigation areas.
1. Impact Area
a) Soils
According to the ESRI World Imagry, Soil Survey of Pamlico County, soils within the mitigation
site have been mapped as Wasda muck (Sd) (see Appendix E). This soil is nearly level and very
poorly drained. Typically, the surface layer is black muck 12 inches thick, and the seasonal high
water table is at or near the surface.
b) Hydrology
The seasonal high water table can be found within 12" of the surface.
c) Vegetation
Vegetation within the impact area consists of Ilex coriacea (Holly, ba- gall), Magnolia virginiana
(Magnolia, sweetbay), Acer rubrum (Maple, red), Persea palustris (Bay, red), and Caccinium
corymbosum (Blueberry, highbrush).
2. Mitigation Area
a) Soils
The mitigation area is mapped as having the same soil series as the impact area (i.e., Wd).
b) Hydrology
Except in those areas where berms have been created, the seasonal high water table is at or near
the surface.
c) Vegetation
As a result of the previous mining activity, very little natural vegetation exists within the
mitigation area.
D. Mitigation Work Plan
1. Enhancement (Restoration) & Establishment (Creation)
The Applicant intends to dewater the existing borrow pits, remove the berms around the north, south and east
sides of the pits, and excavate the abutting uplands to an elevation that is equal to the adjacent wetlands (see
Appendix Q. Once this has been completed, hydric soil will be brought in and the area planted with
hydrophytic vegetation. Vegetation will consist of some, if not all, of the following:
Nyssa aquatica (Swamp gum)
Acer rubrum (Maple, red)
Ulmus americana (American Elm)
Taxodium distichum (Bald Cypress)
Magnolia virginiana (Magnolia, sweetbay)
Q. laurifolia (Oak, laurel)
Persea palustris (Bay, red)

(Zaytan D)MIapfMfit MINA806fl PI&I (peke 11 6) $M
Vegetation will be planted on 15 foot centers. It is expected that natural wetland vegetation will Hydrology
will be supplied to the mitigation area, by directing overflow water from the existing pit into the mitigation
area.
2. Preservation
The Applicant will record the USACE Declaration of Restrictions and accompanying preservation exhibit
(see Appendix D), at the Pamlico County Register of Deeds. A copy of the recorded documents will be
provided to the USACE and DWR within 30 days of recordation.
III. Ecologically -based Performance standards
The success criteria of this mitigation site will be based on the 1987 U.S. Army Corps of Engineers Wetland
Delineation Manual and The Regulatory Supplement to the Corps of Engineers Wetland Delineation Manual:
Atlantic and Gulf Coastal Plain Region (Version 2.0)2. The site can be deemed successful once it meets the three
(3) wetland parameters outlined in the manual and as further described in this section.
A. Vegetation
The success of wetland vegetation planting for the established and enhanced wetland areas will be gauged by
stem counts of planted species within the mitigation areas. Species survival must meet or exceed 320 three year
old trees after three years and 260 five year old trees after five years. All wetland mitigation areas must be
dominated by more than 50% hydrophytic vegetation. Three sampling plots are proposed (see Appendix Q. The
permittee will provide a map showing the plot locations of the vegetation sampling areas to the DWR.
B. Hydrology
The minimum requirement to meet hydrology success criteria for all created and established wetland areas will
be saturation within the upper 12 inches of the soil for 12.5 % of the growing season. The minimum requirement
to meet hydrology success criteria for the enhanced wetland areas will be saturation within the upper 12 inches
of the soil for 6% of the growing season.
Two (2) hydrologic monitoring wells will be installed. One (1) well will be installed within the established area
and one (1) within the enhancement area of the mitigation site (see Appendix Q. The hydrologic monitoring
wells will be installed in accordance with the document titled, "Technical Standard for Water Table Monitoring
of Potential Wetlands Sites ", dated June 20053. Monitoring wells will be installed upon completion of all
proposed mitigation work.
IV. Monitoring Requirements
Monitoring reports will be submitted to the USACE and DWR, by December 31 of each year. The monitoring
reports will be prepared in accordance with Regulatory Guidance Letter 08 -034 and will include maps, site
photographs, vegetation monitoring results and hydrologic monitoring results. The monitoring reports will also
include monitoring well data graphs that clearly depict depth to groundwater, precipitation, monitoring dates and
monitoring well results.
2 http: / /www.usace. army. mil / Portals /2 /docs /civilworks/ regulatory /reg sunn /AGCP_regsupV2.pdf
'http://www.oregon.gov/dsl/docs/techstan watertable_mes.pdf
4 http:// www .spk.usace.anny.mil/Portals /12/ documents /regulatory /mitigation/ Minimum %2OMonitoring %2OReguirements.pdf

(Zaytan D)MIOPmfit MINARtlafl PI&I (peke 11 7) $M
V. Contingency Plan
In the event that the proposed mitigation does not meet the stated success criteria, the Applicant will take actions
to resolve the problem (i.e., additional plantings, introduction of more hydrology into the area, additional
grading). Any additional measures taken to improve the vitality of the mitigation area will be discussed and
approved by the USACE and DWR prior to work taking place.

(Zaytan O)MIOPmfit MINARtian plan (pee 11 11)
Appendix D
Grantsboro Mine Declaration of Restrictions and Preservation Exhibit

MODEL DECLARATION OF RESTRICTIONS
August, 2003
STATE OF NORTH CAROLINA
Pamlico COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS (" ") is made on this day of 200, by
[NAME AND ADDRESS OF DECLARANT] "Declarant ").
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation Property (Property) being
approximately 6.51 acres, more particularly described in Exhibit A attached hereto and by this
reference incorporated herein [reference to a recorded map showing a survey of the preserved area
may be required]; and
B. The purpose of this Conservation Declaration is to maintain wetland and /or riparian resources and
other natural values of the Property, and prevent the use or development of the Property for any
purpose or in any manner that would conflict with the maintenance of the Property in its natural
condition. The preservation of the Property in its natural condition is a condition of Department of
the Army permit Action ID SAW - 2013 -01288 issued by the Wilmington District Corps of
Engineers (Corps), required to mitigate for unavoidable impacts to waters of the United States
authorized by that permit, and this Conservation Declaration may therefore be enforced by the United
States of America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that the
Property shall be held and subject to the following restrictions, covenants and conditions as set out
herein, to run with the subject real property and be binding on all parties that have or shall have any
right, title, or interest in said property.
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes of this Conservation
Declaration is prohibited. The Property shall be maintained in its natural, scenic, and open condition
and restricted from any development or use that would impair or interfere with the conservation
purposes of this Conservation Declaration set forth above.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited or restricted.
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural
features of the Property or any introduction of non - native plants and /or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or
concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line,
pier, landing, dock or any other temporary or permanent structure or facility on or above the
Property.

C. Industrial, Commercial and Residential Use. Industrial, residential and /or commercial activities,
including any right of passage for such purposes are prohibited.
D. Agricultural, Grazin4 and Horticultural Use. Agricultural, grazing, animal husbandry, and
horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees,
shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on the property.
G. Sioage. No signs shall be permitted on or over the Property, except the posting of no trespassing
signs, signs identifying the conservation values of the Property, signs giving directions or proscribing
rules and regulations for the use of the Property and /or signs identifying the Grantor as owner of the
property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any
placement of underground or aboveground storage tanks or other materials on the Property is
prohibited.
L Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging,
mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no
change in the topography of the land in any manner on the Property, except to restore natural
topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling,
filling, leveling, pumping, impounding or related activities, or altering or tampering with water
control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage
patterns. In addition, diverting or causing or permitting the diversion of surface or underground water
into, within or out of the easement area by any means, removal of wetlands, polluting or discharging
into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or extinguished by this
Conservation Declaration shall be transferred pursuant to a transferable development rights scheme
or cluster development arrangement or otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt
bikes, all - terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become
inconsistent with the purposes of this grant, the preservation of the Property substantially in its
natural condition, or the protection of its environmental systems, is prohibited.
ARTICLE II. ENFORCEMENT & REMEDIES
A. This Declaration is intended to ensure continued compliance with the mitigation condition of
authorizations issued by the United States of America, U.S. Army Corps of Engineers, Wilmington
District, and therefore may be enforced by the United States of America. This covenant is to run with
the land and shall be binding on all parties and all persons claiming under the Declarant.

B. Corps, its employees and agents and its successors and assigns, have the right, with reasonable
notice, to enter the Property at reasonable times for the purpose of inspecting the Property to
determine whether the Declarant, Declarant's representatives, or assigns are complying with the
terms, conditions and restrictions of this Conservation Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to entitle Corps to bring
any action against Declarant for any injury or change in the Conservation Property caused by third
parties, resulting from causes beyond the Declarant's control, including, without limitation, fire,
flood, storm, and earth movement, or from any prudent action taken in good faith by the Declarant
under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to
Property or harm to the Property resulting from such causes.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to enter the Property for any
purpose whatsoever.
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and acknowledges that the Property is
currently undeveloped land, with no improvements other than any existing utility lines, Declarations
and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the sole owner and is seized of
the Property in fee simple and has good right to make the herein Declaration; that there is legal
access to the Property, that the Property is free and clear of any and all encumbrances, except
Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose.
(1) Declarant, for itself, its successors and assigns, agrees that this Conservation Property shall be
held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the
Conservation Declaration and supersedes all prior discussions, negotiations, understandings or
agreements relating to the Conservation Declaration. If any provision is found to be invalid, the
remainder of the provisions of this Conservation Declaration, and the application of such provision to
persons or circumstances other than those as to which it is found to be invalid, shall not be affected
thereby.
C. Recording. Declarant shall record this instrument and any amendment hereto in timely fashion in
the official records of Pamlico County, North Carolina, and may re- record it at any time as may be
required to preserve its rights.
D. Environmental Condition of Conservation Property. The Declarant warrants and represents that to
the best of its knowledge after appropriate inquiry and investigation: (a) the Property described

herein is and at all times hereafter will continue to be in full compliance with all federal, state and
local environmental laws and regulations, and (b) as of the date hereof there are no hazardous
materials, substances, wastes, or environmentally regulated substances (including, without limitation,
any materials containing asbestos) located on, in or under the Property or used in connection
therewith, and that there is no environmental condition existing on the Property that may prohibit or
impede use of the Property for the purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and year first
above written.
[Signature of Declarant in proper form]