20140573 Ver 1_More Info Received_20140731

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20140573
Office Use Only
Corps action ID no.
DWR project no.
Form Version 1.4 January 2009
Pre - Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
® Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 44 and 27 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
®Yes ❑No
1d.
Type(s) of approval sought from the DWR (check all that apply):
®401 Water Quality Certification — Regular ❑Non -404 Jurisdictional General Permit
❑401 Water Quality Certification — Express ❑Riparian Buffer Authorization
1e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWR
401 Certification:
❑Yes ®No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of
impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee
program.
❑ Yes ®No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes. answer 1 h
below.
®Yes ❑No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑Yes ®No
2.
Project Information
2a.
Name of project:
Grantsboro Mine
2b.
County:
Pamlico
2c.
Nearest municipality/ town:
New Bern
2d.
Subdivision name:
NA
2e.
NCDOT only, T.I.P. or state project no:
NA
DEW - rVA f 9 QUp,L rY
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Cayton Development, LLC
3b.
Deed Book and Page No.
525/710, 572/342 & 560/476 (See Attachment 1)
3c.
Responsible Party (for LLC if applicable):
Mr. Scott Cayton
3d.
Street address:
PO Box 3361
3e.
City, state, zip:
New Bern, NC 28564
3f.
Telephone no.:
252.671.3172
3g.
Fax no.:
NA
3h.
Email address:
msc0404 @gmail.com

4.
Applicant Information, (ifid ifferent,from owner)—same as above.
4a
Applicant,is
❑Agent ❑Other, specify
4b.
Name
25.7 Acres
4c
Business name
(if applicable)
2a Name of nearest body of water to proposed project
4d
Street,address
SC;Sw,NSW
4e. City, state „zip '
Tar - Pamlico (03020105)
4f
Telephone,no
3b List the total estimated acreage of °all existing wetlands °on the,property 16.28
4g
Fax,no
4h
Emad,address-
5:
Agent /Consultant Information (if applicable)
5a
Name:
Dana A. Lutheran (see Attachment 2)
5b
Business name (if applicable)-
Southern Environmental Group, Inc. (SEGi)
5c
Street address
5315 South College Road, Suite E
5d
City, state, zip.
Wilmington, NC 28412
5e
Telephone no
910.452.2711
5f
Fax no.-
910.452.2899
5g
Email address-
dutheran @segi.us
B. Project Information and Prior Project History
1. Property Identification
la Property identification no (tax PIN or parcel'ID)
654158876900, 654158062400, 65418605600 & 6541484573000
lb Site coordinates (in decimal degrees)
Latitude 35.1558 IN Longitude 76.8408 °W
1c Property size
25.7 Acres
2. Surface Waters
2a Name of nearest body of water to proposed project
Sandhill Canal,flows to South Prong Bay River
2b Water Quality Classification of nearest receiving
water
SC;Sw,NSW
2c River basin
Tar - Pamlico (03020105)
3. Project Description
3a. Describe the existing conditions on the site and the general land use in-the vicinity of the project at,the time.of this
application:
Land use,in the vicinity is mostly residential and agricultural. Currently the Applicant has cleared approximately all of,the
land of vegetation and has excavated three (4) pits, totaling approximately 12:06 acres. Approximately 0.61 acres of Pit #4
was dug in wetlands without USACE or DWR authorization (see Attachment 3). Several spoil piles, totaling 0.26 acres,
have been placed within wetlands. The spoil piles have been removed from the wetlands.
3b List the total estimated acreage of °all existing wetlands °on the,property 16.28
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: NA
3d Explain the purpose of the proposed project=
The purpose of this project is to conduct sand mining activities within an, area determined to be USACE Section 404
wetlands.

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
4a Have jurisdictional wetland or stream
®Yes ❑No ❑Unknown
determinations by the Corps,or State been
2a
Wetland impact
number Permanent
(P) or Temporary (T)
requested or obtained for this property/ project-
Comments
4b If- the, Corps made the,jurnsdictional determination,
❑Preliminary Final
what type of,determination`was,made?
Temporary
4c If`yes, who delineated the jurisdictional;areas?
Agency /Consultant Company,
Name (if known) David Scibetta,
SEGi
4d If yes, list the dates,of the Corps jurisdictional determinations or State determinations and;attach,documentation
Emily Greer verified SEGi's wetland line on 6/2/14. Ms. Jennifer Burdette (NCDWR) was present at the`time of the
verification. Pleasesee 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 ONO ❑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 ONO
6b If yes, explain
NA
r
C. Proposed Impacts Inventory
1. Impacts Summary
1 a Which sections were,completed below for your project.(check•,all that,apply)
®Wetlands ❑ streams — tributaries ❑Buffers ®Open Waters ❑Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then,complete this question foreach wetland area impacted
2a
Wetland impact
number Permanent
(P) or Temporary (T)
2b
Type of impact
2c
Type of wetland
2d
Forested
2e
Type of jurisdiction
Corps (404,10) or
DWR (401, other)
2f
Area of impact
(acres)
Temporary
fill
Pocosin
Yes
404
0.49
Permanent
Excavation
Pocosin
Yes
404
4.91
2g Total Permanent Wetland Impacts:
4.91
2h Comments The fill,is associated with the stockpile locations and access road. These areas will eventually be excavated fo
material. Please see the attached Mitigation Plan for details of the wetland impact areas.

,3. Stream Impacts
4a
Open water,impact
number Permanent (P) or
Temporary (T)
4b
Name of water body
(if applicable)
If there =are perennial or intermittent stream impacts
(mcludmg,temporary impacts) proposed�on the site,, then complete this
question,for all stream�sites impacted
01
3a
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial (PER) or
Type of
Average
Impact
number
Flooded
Filled
intermittent (INT)?
jurisdiction
"stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
feet)
NA
5g Comments
5h 'Is a dam high hazard permit-,required?
❑Yes ❑No If yes, permit ID no,
51 Expected pond surface area (acres)
51. Size of pond watershed (acres)'
3h Total stream and tributary impacts
NA
31 Comments
6a. Project is in which ptotected'basin?
Neuse Tar - Pamlico Catawba Randleman Other
4. Open Water Impacts
If there are proposed impacts to,lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the
U S then individually list all open water impacts below
4a
Open water,impact
number Permanent (P) or
Temporary (T)
4b
Name of water body
(if applicable)
4c
Type of impact
4d
Water body type
4e
Area,of impact (acres)
01
4f Total open water impacts
NA
4g, Comments
5. Pond or Lake Construction
If pond,or lake constructlon,proposed, then complete'the�chart,below NA
'5a
Pond ID number
5b
Proposed use,or
purpose of pond
5c
Wetland Impacts (acres)
5d
Stream Impacts,(feet)
5e
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
5f: Total:
NA
5g Comments
5h 'Is a dam high hazard permit-,required?
❑Yes ❑No If yes, permit ID no,
51 Expected pond surface area (acres)
51. Size of pond watershed (acres)'
5k. Method of construction
6. Buffer Impacts (for DWR)
If project will,impact a protected riparian buffer, then complete the chart below If,yes,'then individually list all buffer impacts below
If any impact&,require =mitigation, then you MUSTfill out Section Dof this °form
6a. Project is in which ptotected'basin?
Neuse Tar - Pamlico Catawba Randleman Other
6b.
Buffer Impact number —
Permanent (P) or
Temporary (T)
6c
Reason for impact
6d
Stream name
6e
Buffer Mitigation
required?
6f
Zone 1 impact
(square feet)
6g
Zone -2 impact
(square feet)
B1
6h Total Buffer Impacts:
NA
NA
61. Comments:

D. Impact Justification and Mitigation
1. Avoidance and Minimization
la Specifically,,descnbe measures taken to avoid or, minimize the proposed, impacts in designing project
Due to the location and size,of'the wetland'feati re,,avoidance is not- possible. However, the Applicant has'agreed to avoid a
large portion of the wetland (approximately'3.74 acres). While there"is material there, the Applicant has,stated the material
is not as deep and is not as suitable as the material on the rest of the site. Avoiding this area will prevent the Applicant
from yielding any financial gain from the minable material.
1 b Specifically describe measures,taken to avoid or`mirnmize the proposed impacts through construction techniques
All,generated wastewater will lie confined to the site.'There will not be any discrete discharge of wastewater into waters of
the US or the State. In addition, silt fence will be utilized in areas where the grade is likely to erode and discharge into
wetlands. Seeding of bare;areas will take place withiin,30 days of cease of action.
2 Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State
The Applicant is proposing to offset impacts to wetlands with permittee responsible mitigation (i.e. enhancement,
establishment,;and preservation). Please see the attached mitigation plan for details.
2a Does the project require Compensatory Mitigation for
impacts to'Waters of'the U S or Waters of the,State?
®Yes ❑No
2b If yes „mitigation is,required by (check all that apply)
®DWR ®Corps
2c If-yes, which mitigation option will be used for this
project?
❑Mitigation bank
❑Paymentto in- lievfee program
® Permittee Responsible Mitigation
3. Complete.if Using a Mitigation Bank NA
3a 'Name of MitigatiomBank
3b Credits Purchased (attach,receipt and letter)
Type
Quantity
3c Comments
4._ Complete, if Making a Payment to In -lieu Fee Program NA
4a Approval letter from in- lieu`fee program is attached
4b Stream mitigation,requested:
4c If using stream mitigation, stream temperature -
4d. Buffer mitigation requested (DWR only):
4e Riparian wetland mitigation requested*
4f. Non- npanan wetland mitigation requested:
4g Coastal.(tidal) wetland mitigation requested:
4h Comments

5. Complete if Using a Permittee Responsible Mitigation Plan
5a If,using a permittee responsible mitigation plan, provide,a description of,the proposed mitigation plan.
The Applicant proposes to convert the two existing open, water pits, located on the eastern portion of the tract, into
herbaceous, systems,,as well as, establish wetlands around the,these features. This wilYbe accomplished by draining the water
out of the pits, and adjusting the grade of the bottom of the, pondsi and the upland to match the ,elevation, of the adjacent
wetlands,, which are, located to the east of the mitigation area. The area will then be planted with wetland,, woody species.
Please see the attached mitigation plan for details.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWR
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑Yes ®No
6b. If yes, then identify theisquare feet of impact,to each zone of the riparian buffer'that requires, mitigation Calculate the amount
of °mitigation required
Zone
6c
Reason,for'impacL
6d
Total'impact
(square feet)
Multiplier
6e
Required mitigation
(square feet)
Zone 1
NA
3 (2 for Catawba)
Zone 2
, NA
1 5
6f Total buffer mitigation required:
NA
6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund)
NA
6h: Comments-
E. Stormwater Management and Diffuse Flow'Plan (required by °DWR)
1. Diffuse Flow Plan
1a Does the project include or is it adjacent to protected riparian buffers identified
within,one of the NC Riparian Buffer Protection Rules?
®Yes ❑No
lb If yes, then is,a diffuse flow plan included? If no, explain why
[-]Yes ❑No
2a What is the overall percent imperviousness of this project? 0%
2b Does the project require,a,Stormwater Management Plan?
❑Yes ®No
2c If this prolect'DOES NOT require a- Stormwater Management,Plan, explaimwhy'
There is no impervious su°rfaceAare&'to.be treated with this project.'Therefore, a stormwater plan is not - necessary.
2d If this prolect,DOES require a Stormwater Management,Plan, then;provide,a brief, narratnredescnption;of the plan
2e Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3n, In which local government'slunsdiction is this project?

❑Phase II
3b
Which of the following locally - implemented stormwater management'programs apply
❑ NSW USMP
❑WaterSupply Watershed
(check all that apply)
❑Other
3c
Has the approved,Stormwater Management Plan with proof of approval'been
❑Yes ❑No
attached?
4. 'DWR'Stormwater Program�Reviemi-
❑Coastal counties
❑HQW
4a
Which of the following state - implemented stormwater management programs apply
❑ORW
(check all that apply)
❑Session Law 2006 -246
[]Other
4b.
Has the approved'Stormwater Management- Planwith proof of approval,been
❑Yes ❑N6
attachedP
5.
DWR 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the,appropnate requirements?
❑Yes ❑No
5b
Have all of the 401 Unit submittal requirements been met?
®Yes ❑No
F.
Supplementary,lnformation
1.
Environmental Documentation (DWR Requirement)
la-
Does the project involve an expenditure of public (federal /state /local) funds or the use
❑Yes ®No
of public (federal /state) land?
1 b
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
[]Yes [-]No
(North Carolina) Environmental Policy Act,(NEPA/SEPA)?
1c
If you'answered "yes "'IoTtheabove, has the document-review been finalized by the State
Clearing House? (If so, attach,a copy of the,NEPAtor SEPA,final,approval letter)
❑Y.es []No
Comments
2.
Violations (DWR Requirement)
2a
Is the site in violation of DWR Wetland Rules (15A NCAC 2H 0500), Isolated Wetland
®Yes ❑No
Rules (15A NCAC 2H 1300), DWR Surface Water or Wetland Standards „or Riparian
Buffer Rules (15A NCAC 2B 0200)
2b
Is this an after - the -fabt permit application
®Yes ❑No
2c
If you answered "yes” to -one or both of the above questions, provide an explanation of the violation(s)
The violation consists of removing the function (habitat mainly) by means of excavation,
or by converting the wetland from
an herbaceous feature to open water system. In.addition, the fill of 404 wetlands took place with the tree removal and
excavation. To date, approximately 0.61 acre;of wetlands has been excavated without DWR approval. The spoil mounds have
been removed from the areas designated as 404 wetlands.
3.
Cumulative Impacts (DWR Requirement)
3a
Will this project (based on past and reasonably anticipated future impacts) result in
[-]Yes ®No
additional development, which could impact nearby downstream water quality?

3b Ifyou answered "yes" to the above „submit a qualitative -or quantitative cumulative impact analysis in accordance with the most
recent DWR policy If you answered "no,” prowdela short narrative description
Once mining activities,have been completed, the area will be,allowed to re- vegetate naturally, but will be maintained. The
proposed work will not provide access to undeveloped land outside the project limits.
4. Sewage Disposal (DWR Requirement)
4a Clearly detail the ultimate�treatment methods,and,disposition (non - discharge ordischarge),ofwastewater generated from'the
proposed project, or available capacity of the subject facility
Sewage will not be generated with this project.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will this project occur in or near an area with federally protected species or habitat
❑Yes ®No
5b Have you checked with the USFWS concerning Endangered Species Act impacts?
❑Yes ®No
5c If yes, indicate the USFWS Field Office you have contacted
5d What data sources,did you use,to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Natural ,Heritage
6. Essential 'Fish Habitat (Corps Requirement)
6a Will this project occur'in or nearan area,designated a&essential'fish habitat?
❑Yes , ®No
6b What data sources did you use, to determine whether yoursitewould impact Essential Fish Habitat?
The site is not in an area that abuts a system that would support Essential Fish Habitat.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this project occur in or nearan,area that the state, federal or tribal governments have
designated as having historic or cultural preservation status (e,g , National Historic Trust
❑Yes ®No
designation or properties significant in North Carolina history and archaeology)?
7b What data sources did you use to determine whether your site would impact,historic or archeological resources?
Historical aerials and knowledge of the area were used to make this determination.
8. Flood2one Designation (Corps Requirement)
8a Will this project occur, in, a'FEMA- designated 1 00-year floodplain?
❑Yes ®No
8b If yes, explain how project meets FEMA requirements
8c. What source(s) did you use to make4he floodplain determination?
FEMA Flood Mapping (see, Attachment 5)
Dana A Lutheran
28 July 2014
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter
from,the�applicant is provided )

CaLiton,Development Pre - Construction Notification SEGI
Attachment 1
Pamlico County GIS Tax Information Page

Pamlico County Tax Cards — Grantsboro Mine
Parcel #1
Name
Value
ACCOUNT
27921
PIN
654158876900
MAPID
F04 -12
MAP
6541 _
BLOCK
58
LOT
87
ACRES
15,99
CALC ACRES
16
BLDG VAL
0
,LAND VAL
22386
'TOTAL VAL
22386
LEGAL DESC
FF EAST SIDE 306 N
OWNER ADDR
P O BOX 3361
OWNER CITY
NEW BERN
OWNER NAME
CAYTON DEVELOPMENT LLC
OWNER STAT
'NC
OWNER ZIP
28564
PLAT
PCA 174 -17
DEEDBOOK
000525
DEEDPAGE
710
DEED ACRES
16
DEED YR
19920,701
.SALEDATE
1/21/2009
SALE AMT
0
SITUS ADDR
OFF NC 306 HWY N

Pamlico County Tax Cards — Grantsboro Mine
Parcel #2
Name
Value
ACCOUNT
27921
PIN
654158062400
MAPID
F04 -12 -G
MAP
6541
BLOCK
58
LOT
6
ACRES
500
GALC ACRES
5
BLDG VAL
0
=LAND VAL
7000'
TOTAL VAL
7000
LEGAL DESC
E/S 306 N INSIDE GRANTSBO
OWNER ADDR
P O BOX 3361
OWNER CITY
NEW BERN
OWNER NAME
CAYTON DEVELOPMENT LLC
OWNER STAT
NC
OWNER ZIP
28564
PLAT
PCA 1074 -17 TRACT 26
DEEDBOOK
000525
DEEDPAGE
710
DEED ACRES
5
'DEED YR
19920701
SALEDATE
1/21/2609
SALE AMT
0
SITUS ADDR
OFF NC 306 HWY N

Pamlico County Tax'Cards — Grantsboro Mine
Parcel #3
Name
Value
ACCOUNT
27921
PIN
;654148605600
MAPID
'F041-77-1
MAP
6541
BLOCK
48
LOT
60
ACRES
1500
CALC ACRES
15
BLDG VAL
0
LAND VAL
353`10
'TOTAL VAL
35310
LEGAL DESC
EAST SIDE NC,306
OWNER ADDR
P O BOX 3361
OWNER CITY
NEW BERN
OWNER NAME
CAYTON DEVELOPMENT LLC
OWNER STAT
NC
OWNER ZIP
28564
PLAT
MH
DEEDBOOK
000572'
DEEDPAGE,
342
DEED ACRES
15
DEED YR
20120927
SALEDATE
9/27/2012
SALE AMT
82500
SITUS ADDR
952,NC 306 HWY N

Pamlico County Tax Cards — Grantsboro Mine
Parcel #4
Name
Value
ACCOUNT
27921
PIN
6541484573000
MAPID
F041 -76
MAP
6541
BLOCK
48
LOT
45
ACRES
5
CALC ACRES
4.7
BLDG VAL
18690
LAND VAL
15290
TOTAL VAL
33980
LEGAL DESC
EAST SIDE NC 306
OWNER ADDR
P O BOX 3361
OWNER CITY
NEW BERN
OWNER NAME
CAYTON DEVELOPMENT LLC
OWNER ,STAT
NC
,OWNER ZIP
28564
PLAT
DEEDBOOK
000560
DEEDPAGE
476
DEED ACRES
5
DEED YR
19731101
SALEDATE
10/25/2011
,SALE, AMT
62000
SITUS ADDR
' '1068 NC'306'HWY N

Cayton ]development Pre lConstruction (notification 5EGi
Attachment 2
Agent,Authorization

SEGO
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESC'RIPTION':'Fl= East Sik 306 jj,, EIS j side Oranteboro, &East
Side NC 346- _
LOT NO. PLAY NO.__PARC'EL IJ). 654158876900,6541',5806240f).,&-,6'541[494,S7,-3000'-
(respeetwely)
STREET, ADDRESS:_] SO Hunnings Farm Rd.
Property Owner (please print); Mr- ,Scotc.Cayton (Carton Devclopmcnt, LLC
The undersigned, registered property owner of the above noted property, does hereby authorize
Soutbern EayiroumeaW Group., -!Mg. (SEGil to act on my behalf in matters regarding areas of
environmental concern
Property Owner's Address (if different than property above):
PO Box 3361
►`Bem C 28564
Telephone:
52'808:2897
)NMe he reby certify the abo a on submitted in this applicavon is true and accurate to the best of
knowled 1i(
Petty'
er Authorized Signat� ure S1''-Gi Authorized Sigu%kmre
tt CaC
Print Name
Date
Print Name
6- -
pate
10 39vd linI 7J S3WdC U99i6�-ZSZ e13:TZ Koz b3.'93

Cayton Development Pre -Construction Notification E-GI
Attachment 3
Aerial Photograph

9
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Cayton Development Pre - Construction Notification J" 'E-Gi
Attachment 4
Grantsboro Mine Mitigation Plan

Soutkern Environmental CjrouP, Inc.
5315 5outi College Goad, Suite E Wilmington, Nortk Carolina 28412
910+522711 Fax [phone] of-Fice@segi us
www Sep us
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

Caqton ])evetopment Mitigation Plan (Page 1 2) 5- EG
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. Pemvttee- Responsible Mitigation Plan Standards
3
II
Proposed Permittee ResponsibleWitigation 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 Reqdirements
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
41
E
Soil Survey of Pamlico County
12

Cayton Development Mitigation Plan (Page 13) SF-GI
I. 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:
u 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
Rind 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:

Cayton DeveloPment-Mitigation Flan (Page 14) .5r Gi
Objectives
Site selection information
Site protection instruments
r� Baseline information
A credit determination methodology
cap A mitigation work plan
ro. A maintenance plan
.;t�- Ecologically -based performance standards
Monitoring- requirements
ro- A long -term. management plan
to. An adaptive management plan
t- 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 (],­I) 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
651
1.33 to]
Preservation 1
6.51
1 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 over] and'runoff, are commonlydominated Eby hardwood tree species.
2. Preservation Areas
The proposed preservation areas include the mitigation areas (6.51 AC (see Appendix D)).
i
' NC Department of Environment and Natural Resources, Wetland Assessment Method v4 1

Cagton Dcvclopment Mitigation Plan (Page 5) SE-G, 1
C. Baseline Information
Baseline, mformation 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 11ex coriacea (Holly, ba- gall), Magnolia ,virgmiana
(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 'C: 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 virgniana (Magnolia, sweetbay)
Q laurifolia (Oak, laurel)
Persea palustris (Bay, red)

Cayton DcvclopmcnCMitigation Plan (Page 1 6) 5F—, 61
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 DAR within 30 days of recordation.
tII. )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 beAeemed 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 pl'ots are proposed (see Appendix C). 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 (9) well will be installed within the established area
and one (1) within the enhancement area of the mitigation site (see Appendix C). 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 htty: / /www.usace`army.mil/ Portals /2 /docs /civilworks /regulatory/reg_suup /AGCP reesupV2.pdf
3 hgp: / /www oregon gov /dsl /docs /techstan watertable, mes.pdf
4rhttp: / /www,spk usace army m►UPortals /12/ documents /regulatory/ mitigation / Minimum %20Monrtonne %20Reauirements ndf

Cayton Development Mitigation Plan (ragc 17) SF-GI
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.

Cayton Development Mitigation Plan Page 17) 5E—Gi
Appendix A
Grantsboro Mine Wetland Impact Map

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Cayton Development Mitigation Plan Page 18) 5E.Gi
Appendix B
USACE,Jurisdictional Determination

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id SAW- 2013 -01288 ,County Pamlico U.S G S Quad NC- BAYBORO
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Cayton Development, LLC
c/o Mr. Scott Cayton
P.O. Box 3361
Address: New Bern, North Carolina 28564
Telephone Number: 252.808.2897
Size (acres) 40 Nearest Town Grantsboro
Nearest Waterway North Prong Bay River River Basin Lower Neuse. North'Carolina.
USGS HUC 3020204 Coordinates Latitude: 35.155794
Longitude: - 76:84161
Location description: The property is located'on the,east side of Highway 306 just north of the,town of Grantsboro and
Highway 55 The'propefty contains undeveloped, forested wetlands, four borrow pits, and access roads from Hunnings Farm
Road and Highway 306 This is an active sand mining operation with open violations
Indicate Which of the,Followin2 Apply:
A., Preliminary Determination
X Based on preliminary information, there may be waters of the U.S. including wetlands on the above described property.
We strongly 'suggest you have'this property inspected to determine the extent of Department of the Army (DA)
jurisdiction To be,considered final, a junsdictional determination must be venfied by'the Corps. This preliminary
determination, is not an appealable,action under the°Regulatory Program Adm_ inistrative Appeal,Process (Reference 33
CFR Part 331) If,you wish, you may request an approved JD (which maybe, appealed), by contacting °the Corps district
for further instruction Also, you may provide new information for further consideration,by the Corps to reevaluate the
JD
B. Approved Determination
_ There are,Navigable Waters of the United,States within the,above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law}or
our published regulations, this determination may be relied upon for a penod1not to exceed five years from the date of this
notification'.
_ There arewatersof the U.S. including wetlands on,the above described property' subject to the permit requirements,of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determmation may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated Due to the size,ofyour property,and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation; you may wish to obtain a consultant. To be considered final, any delineation must be-venfied,by the Corps
_ The waters of the U S including wetlands on your project area have been delineated and,the delineation has been
venfied by-the Corps We strongly suggest you have this delineation surveyed Upon completion, this survey should be
reviewed and verified by the °Corps. Once verified, this survey will provide an accurate depiction of all,areas,subject,to
CWA jurisdiction on your property which, provided there is no changean the law or our published regulations, may be
relied upon for a period not to exceed five years
_ The waters of the U.S. including wetlands have been delineated and surveyed and are,accurately depicted on the plat
signed by the Corps'Regulatory Official,identified below on _ . Unless there is a�change in the law,or,our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification
There are no waters of the U.S ,,to include wetlands, present on the above described project area which are subject to the
permit requirements of Section-404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
Paged of 2

published regulations, this detemnnation`may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject'to regulation under the`Coastal Area Management Act
(LAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808 -2808 to
determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of ^Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, Please contact Emily Greer at 910 - 2514567 or
Emily.C.Greer a<dusace.army.mil.
C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation
Manual and the Atlantic and Gulf Coastal Plain Regional Supplement to the 1'987 Wetland Delineation Manual and flows into
Sandhill Canal, a second order tributary of the�Bay River
D. Remarks: Violations currently exist onsite under Sections 404,and 401 of the CWA. Attempts„are being madeato
get the applicant in compliance through issuance of after -the -fact permits, new permits, and onsite permittee-
responsible mitigation. No new filling activities are allowed until permitting;and,restoration have been reviewed and
approved by both State and Federal agencies. Approximately 18 acres, of wetlands and one borrow pit (approx 1.5
acres; northeast corner of property) were determined to be jurisdictional.
E. Attention, USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act Jurisdiction for the
particular site identified in this,request. The delineation/determination may not be valid for the wetland conservation
provisions of the,Food,Secunty Act of 1985 If you o"r'your tenant are USDA Program participants, °or anticipate participation
in USDA programs, you,should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work
E Appeals Information (This information applies only to approved jurisdictional deterniinations,as,indicated,in
B. above)
Thi`s,correspondence constitutes an,approved jurisdictional determination for the above described site. 'If you objectto this
determination, yowmay request an administrative appeal under Corps regulations at 33 CFR Part 331: Enclosed,you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submitla completed RFA form to the following address:
US Army Corps of,Engmeers
South Atlantic Division,
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303 -8801
In order for an RFA to be accepted by the Corps, the -Corps must determine that it is complete, that;rt meets the criteria for
appeal under 33 CFR,part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should, you decide to submit an RFA form, it must be received,at the,above address by NA.
"Xis not necessary to submif an RFA form to the Division Office if you do not object to the determination in this
correspondence."
I Dlgibllyslgned by GREER.EMILY C1385325300
GREER.EMILY.C.1'385325300 DN US,wUS C138Menl ou.DoD ou PKIowUSA
Corps Regulatory Official: D.W RE14D6.2YC7385325300
Gale 2014A620173830 -04'00'
Date: June'20, 2014 Expiration Date. June'20. 2019

'The Wilimngton District is committed to providing the highest level of support,to the public To help ,us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http //regulatory usacesurvey�com/
Copy furnished
Ms. Jennifer Burdett, NCDENR
Via email
Mr Roberto Scheller, NCDENR
Via email
SEGi Consultants
Via email

PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): June 20,
2014
B. NAME,AND ADDRESS OF PERSON REQUESTING,PRELIMINARY JD: Mr. 'Scott Cayton, Cayton Development,
LLC, P.O. Box 3361, New Bern, NC 28564
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Scott Cayton Sand Mine, SAW- 2013 -01288
D. PROJECT LOCATIONS) AND BACKGROUND INFORMATION:
(USE`THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES)
State NC County /pansh/borough Pamlico City. Grantsboro
Center coordinates of site, (lat/long'in degree decimal format_) Lat 35.1557940 Pick List, Long - 76.84161 ° Pick List
Universal Transverse Mercator
Name,of nearest water body ,North, Prong Bay River
Identify (estimate) amount of waters in the review area.
Non - wetland waters linear feet_ width (ft) and/or 1.5 acres
Cowardin Class., Relatively - permanent water
Stream Flow Pond
Wetlands. 18 acres
Cowardm Class Palustrine, forested, non -tidal
Name of any water bodies on the site that have,been identified as'Section 1'0 waters
Tidal
Non - Tidal.
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES).
❑ Office (Desk) Determination Date.
® Field Determination Date(s) July and October 2013; Marchand June 2014
1 The Corps of Engineers believes that there maybe Jurisdictional waters of the United States, on the subject site, and the,permit
applicant or other affected partywho requested this prelimmary JD is hereby advised of his or her option `to request an&obtam an
approved Junsdictional•determ nation (JD) for that site Nevertheless, the permit applicant or other person who requested this
prelimmary'JD has declined -to exercise`the option to'obtam,anapproved JD,m this instance and at this4ime.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP),or other
general permit verification requiring "pre - construction notification" (PCN), or requests verification for -a non - reporting NWP or
other general permit, and'the permit applicant, has-not requested,an approved JD for the activity, the permit applicant is ',hereby
made °aware of the following (1)fthe permit applicant`has elected,to seek,a'permit authorization based on,avprelimmary JD „which,
does not make an official determination of jurisdictional waters, (2) that the applicant has the option to request an, approved JD
before, accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved,JD
- _ could possibly result in less compensatory mitigation, being required or different, special conditions, (3) that the apphcant'has the
right to regbest,an individual permit rather than'accepting the terms and conditions of the NWP or other general permit
authorization, (4) that the applicant,can,accept a'permit authorization and.thereby agree to comply with all the terms,and
conditions,of that permit, including whatever mitigation requirements the Corps has determined to be- necessary, (5) that
undertaking any activity in reliance upomthe�subject permit authorization without requesting an approved JD constitutestthe
applicant's acceptance.of the use of the preliminary JD, but that-either form of JD1will be processed as,soomasas practicable,
(6) accepting,a permit, authorization "(e,g., signing,a,proffered "individual permit) or undertaking any activity in reliance on any
form of Corps penmtauthorizationbased on a preliminary JD constitutes cagreement that all wetlands and other water bodies'on
the site,affected in any way'by that activity are junsdictional waters, of the United States, and precludes any challenge to such
Jurisdiction in any admmistrative�or Judicial compliance or enforcement action, or in any administrative appeal or in any Federal
court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed,as soon as
is practicable Further, an approved JD,,a profferedandividual permit (and all terms, and conditions contained therein), or-
individual permrt,demal can be 'administrativelyappealedpursuant to.33 C FR. Part,331,,and'that in�anyadmmistrative appeal,
Jurisdictional issues can be raised (see 33 C F R 331 5(a)(2)) If, during that administrative appeal, it becomes necessary to make
an official determination whether CWA Jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters
on the�site, the Corps will provide anapproved JD to accomplish that result, ;as,soon as is practicable

This preliminary JD finds that there "maybe" waters of the United States -on the.subject project site, and identifies all aquatic
features on,the site that could be affected bythe proposed activity, based on the folI owing, nformation
SUPPORTING DATA. Data reviewed for,preliminary JD (check all that apply - checked items should be included in case
fileland, where checked and requested, appropriately reference sources below) ,
® Maps, plans, plots,or plat submitted,by or,on behalf of the apphcant/consultant , Maps,.sketch of delineation line
® Data sheets prepared/submitted by or on behalf'of the applicant/corisultant
® Office concurs with data sheets /delineation report
❑Office does noticoncur with data sheets /delineation report
❑ Data sheets prepared by the Corps
❑ Corps,navigable waters' study
® U_S Geological Survey, Hydrologic Atlas
❑ USGS NHD data
® USGS 8 and 12 digit HUC maps
® U S Geological Survey,map(s) Cite scale & quad name 1 24k, Bayboro, NC
® USDA Natural Resources Conservation Service Soil Survey ,Citation. NRCS Web Soil Survey
® National wetlands inventory map(s) Cite name USFWS Wetland Mapper
❑ State/Local wetland, inventory map(s)
❑ FEMA/FIRM maps
❑ 100 -year Floodplam Elevation is (National Geodetic Vertical,Datum of 1929)
® Photographs ❑ Aerial (Name& Date). Google Earth 1993, 1994, 1998, 1999, 2002 „2005, 2008, 2011, 2013
or ❑ Other (Name & Date)-
❑ Previbus,determmation(s) File no.,and date�of response,letter-
❑ Other information (please specify)
IMPORTANT'NOTE: The information recorded on this,form has not necessarilv been verified by the�Corps and should
notybeprelied upon for later-'iurisdictional determinations.
GREER.EMILY.C.138'
5325300 00-U3A— GREEBEMILYC 1385375300
Dale 2014 173859 b W
Signature and date of
Regulatory Project Manager
(REQUIRED)
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining the signature is
Impracticable)
Site
Cowardin
Estimated amount of
Class of aquatic
number
Latitude
Longitude
Class
aquatic resource in
`resource
review area
1
35.154799
-76.841840
Palustnne,
12 acres
Non -tidal wetland
forested
2
35 156047
=76 839937
RPW
15 acres
Junsdictional`pond

Layton Dcvc1ppment Mitigation Plan (Page 1.9) 5F—Gi
Appendix C
Grantsboro Mine Mitigation Map

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Cayton Development Mitigation Plan (Page I 1 1 ) S� CjI
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] "Decl'arant ").
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
maybe, 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 orimpairment 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, otheradvertising 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, Grazing 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 toads, trails -or walkways on the property.
G. Signage_No,signs shall be permitted on or over the Property, except the posting of -no trespassing
signs; signs identifying the conservation values, ofthe Property, signs giving directions or-proscribing
rules and regulations for the use of the Property and/or signs identifymg 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.
I. 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 Quilfty and Drainage Pattern.'There shall be no diking, draining, dredging, channeling,
filling, leveling,, pumping, impounding orrelated 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 d'evel_opment 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 prolubited.
M. Other Prohibitions. Any other use, of, or activity on, the ,Property which is or may become
mconsistent with the purposes of this grant, the preservation of the Property substantially in its
natural condition, or the protection of its environmental systemsjs 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 P, -roperty 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 eniitl_'e Corps to bring
any action against Declarant 'for any injury or, change `m the Conservation Property caused by third
parties, resulting; from causes beyond the Decl'arant''s control, including, wi "t_hout lirriitation, fire,
flood, storm, and "earth movement; or from anyprudent action taken in good faith by the Declarant
under emergency conditions to prevent, abate, of mitigate significant mjury 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 Wthe public the right to enter the-Property, for,any,
purpose whatsoever.
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property, Condition. The, Deciarant,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,DeclaranUovenants 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 C_ onservation Property shall be
held exclusivelyfor conservation purposes.
;B. Entire Agreement. This instrument-sets, forth ,the entire agreement of the parties withrespect,to the,
Conservation Declaration and supersedes all prior di'scussioris; 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 lie ,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 mayre- record`it at any time as maybe
required to preserve its fights.,
D. Environmental Condition of Conservation Property; The Declarant warrants and represents that to
the best of its jUoWledg6, after appropriate inquiry and 'investigation: (a)' the Property described

herein is and at all tunes 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]

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Cayton Development Mitigation Plan Page I 1 I) 5r—Gi
Appendix E
Soil Survey of Pamlico County

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Cagton Development Pre - Construction Notification SE-GI
Attachment 5
Pamlico County Flood Zone Map

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