20140573 Ver 1_More Info Received_20140925

5'� 1 4" 0clt: o e e Kcrxid, 51,1ote, r_ Wilmivigton, NC 281 12,
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19 September 2014 .
Electronic Mail
NC Division of Water Resources
Attn: Ms. Jennifer Burdette
401 & Buffer Permitting Unit
512 North Salisbury Street — Archdale Bldg., 9t1i Floor
Raleigh, NC 27604
Jenniler.13urdette <(i ncdenEZo v
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{SEGi Project : 14- 031.01.]
Re: Grantsboro Mine, Pamlico County
Response to the DWR's Request for Additional Information (RFAI)
DWR Project #: 14 -0573
USACE AID #: Unclassified
Dear Jennifer,
This letter serves as the response to the DWR's request for additional information, dated 10 September 2014,
regarding the Pre - Construction Notification, for Grantsboro Mine. Below and on the following pages you will
find your request (bold text), followed by SEGi's response:
1. Please submit $176.78 to pay for the costs of advertising the public notice, as required in Title
15A NCAC 02H .503(f).
As of the date of this letter, the Applicant has mailed the Public Notice fee. Please notify SEGi
upon receipt.
2. In section D.5.a. of the application, it states that the two existing open water pits will be
converted to herbaceous systems. Later in the same section and the mitigation plan indicate
that the area will be planted with woody wetland plant species. Please confirm that the open
water areas will be planted with woody wetland plant species.
Section D.5. A. has been revised to reflect the restoration areas will be planted with wood species
(see Attachment 1).
3. We request the following information regarding the Wetland Mitigation Plan:
a. In section ILA. and B.2. of the Wetland Mitigation Plan, please clarify that 5.68 acres of
wetland preservation will be provided in addition to the 6.51 acres of restoration, creation
and enhancement proposed as mitigation for the existing and proposed wetland impacts.
Section 1IA. and B2. have been revised (see Attachment 2)
b. The Division considers the conversion of the open water areas on this site into forested
wetlands as restoration. The mitigation credit for each type of mitigation shall be
determined by dividing the type of mitigation provided by 1 for restoration, 1.5 for creation,

2 for enhancement, and 5 for preservation. Please amend the table in section II.A. to reflect
these ratios.
The table in Section II.A. of the Mitigation Plan has been revised to reflect this change (see
Attachment 2).
c. Please provide a schedule for mitigation construction. The Division requires that
mitigation construction be completed within 1 year of issuance of the 401 Water Quality
Certification for the project.
The Mitigation Plan has been updated to include the schedule for mitigation construction (see
Attachment 2).
d. In section IL D., please indicate the source(s) of hydric soil.
Section II.D. has been revised to reflect this information (see Attachment 2).
e. Planting vegetation on 15 -foot centers yields 193 trees per acre, which will not achieve the
industry standard for wetland vegetation success of 260 trees per acre after five years. The
Division recommends over planting woody vegetation (e.g. II ft x 11 ft spacing) to
accommodate the expected mortality associated with large scale planting.
The Mitigation Plan has been revised to reflect vegetation will be planted on 11 -foot centers (see
Attachment 2).
f. Because successional species such as Acer rubrum (Maple, red) are anticipated to colonize
the restoration area on their own, please remove this species from the planting plan.
Acer rubrum has been removed from the proposed planted species (see Attachment 2). However,
SEGi is working with the USACE, on formulating a specific plant list. The planted species will
be included in the baseline document.
g. The Conservation Declaration must to be amended to reflect the total preservation area
of 12.19 acres and reference the 401 Water Quality Certification mitigation requirement
and enforcement by the Division of Water Resources.
The Conservation Declaration has been updated to reflect 1.2.19 acres, as well as referencing the
401 Water Quality Certification, as recommended (see Attachment 3).
h. Please amend the planting plan to include at least three of the vegetation species listed.
The planting plan has been revised as suggested (see Attachment 4).
i. The following comments are related to the ecologically -based performance standards for
the wetland mitigation plan:
i. This Office believes that a total of five vegetation sampling plots are necessary to
evaluate the success of the vegetation planting within the proposed wetland mitigation
plan. Locate one plot in the center of each of the open water areas to be restored.
Locate two plots within the creation area. One of these should be located in the center
of the creation area east of the northern open water area and one in the widest creation
area located between the open water areas and the enhancement area. Centrally locate
one plot within the enhancement area.
Five vegetative sampling plots have been depicted on the revised Mitigation Plan (see
Attachment 3).
Page 12

SEC]i
ii. This Office believes that a total of four wells are necessary to evaluate the hydrological
success of the proposed wetland mitigation plan. Locate one well in the center of each
pond. Two wells must be located in the wetland creation area. Locate one well on the
west side of the open water areas and one on the east side of these areas.
When last we spoke, we discussed the economic hardship the Applicant would endure,
should the DWR require four (4) hydrological data collectors within the mitigation site, as
each well is approximately $1000. At that time, I expressed, based on SEGi's experience in
developing and overseeing restoration and creation mitigation projects in the coastal plain of
North Carolina, that two (2) data collector wells should be sufficient for the approximately
6.0 acre mitigation site.
It was my understanding, from our conversation, that you were relying on the judgment of
Eric Kulz (DWR Wetland and Stream Mitigation Coordinator), for the number of wells. In an
effort to get insight into Eric's position, SEGi called Eric. In speaking with Eric, he felt four
(4) wells were necessary and in line with what his office usually requires. A follow up call
was made to Eric to see if he would be receptive two (2) data collector monitoring wells and
two (2) manual monitoring wells. While we believe Eric sympathizes with our plight, he held
his position that four (4) data collector wells were necessary.
SEGi respects and appreciates Eric's expertise in the wetland mitigation banking program,
but we feel that this project is somewhat different from the mitigation banking sites. The
Applicant cannot recoup the cost of the wells, as the mitigation banking sites do, in the price
of the credits they sell. A lump sum of $4000 is quite a blow to the Applicant and, should the
DWR require that he install four (4) data collecting monitoring wells, the project will become
economically infeasible.
With that being said, SEGi believes, if installed and tested in accordance with the US Army
Corps of Engineers' Technical Standard for Water -Table Monitoring of Potential Wetland
Sites manual ( http: l/ www .ore�,,oii.�lov /dsl /docs /teclistan watertable mes.pdf), the manually
tested wells are just as reliable as the data collector wells. With that being said, SEGi
respectfully requests the DWR accept our proposal to install two (2) data collector wells and
two (2) manual wells, in the locations the DWR suggested, in Section i(ii) of the email below.
Please note, the well heads can be moved from well to well. In other words, to ensure that the
manual wells are accurately being tested, the data collectors can be rotated to the manual
wells and vise versa, every 6 months or as often as the DWR deems necessary.
On another note, the USACE has requested a reference well be incorporated into the plan.
They did not specify which type of well had to be used. Therefore, a manual well will be
placed on the 1.9 acre outparcel (see Attachment 4, for an approximate location of where the
well be placed).
iii. Please incorporate monitoring of the restoration and creation areas for volunteer
establishment that may jeopardize (or enhance) the success of the planted species.
The mitigation plan has been updated to address this concern (see Attachment 2).
iv. This Office believes that the minimum requirement to meet hydrology success criteria
for all created and restored areas should be saturation within the upper 12 inches of the
soil for 6% of the growing season (consecutive days) as proposed for the enhancement
area.
Page 13

NJ J�r -'Fcm -I �(- t, DWK K I A I L' ['n)Jc"4t 1 -'1 -0_� I oi)
The mitigation plan has been update to reflect 6% of the growing season, as suggested (see
Attachment 2).
It is our sincere hope that the information found within and attached to this correspondence will satisfy the
DWR's request for additional information and the permit will be issued without delay. However, should have
any further questions or concerns, please feel free to call me at 910.228.1841 or email me dlutheranC&segi.us.
As always, thank you for your time and assistance with this project. We look forward to hearing from you.
Sincerely
Dana A. Lutheran
SEGI Project Manager
Enclosures: Attachment I — Pre-Construction Notification Pages (Revised 8/22/2014)
Attachment 2 — Grantsboro Mine Wetland Mitigation Plan (Revised 8/22/20114)
Attachment 3 — Declaration of Conservation (Revised 8/22/2014)
Attachment 4 — Proposed Wetland Mitigation Map (Revised 9/19/2014)
Cc: Mr. Scott Cayton msc04O4(Li)gi­naiJ.corn)
Ms. Cynthia Karoley cytidi.karolv((i�ncdeiii-.�)-ov)
Ms. Emily Greer I..,"mllv.C.Cii.-eer(�t.�usace.ari-ny.i-nil)
Page 14

Attachment 1
Pre-Construction Notification Page(s)
(Revised 8/22/2014)
Page 15

5e. K using a permiftee responsible mitigation plan, provide a description of the proposed mitigation plan.
The Applicant proovmemm convert the two existing open water pits, located nn the eastern portion uY the tract, into forested
wetland systems, as well as establish the same type of forested wetlands around the these features. This will be accomplished
by draining the vrotcr out of the pits, and adjusting the grade of the bottom of the ponds and the upland to omnmb the
elevation of the adjacent wetlands, which are located »nthe cast of the mitigation area. The area will then bm 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?
E)Yes SNo
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount
of mitigation required.
Zone
Reason for impact
Total impact
(square feet)
Multiplier
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
1 a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
ZYes []No
I b. If yes, then is a diffuse flow plan included? If no, explain why.
[]Yes MNo
2a. What is the overall percent imperviousness of this project? 0%
2b. Does the project require a Stormwater Management Plan?
E]Yes NNo
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
There is no impervious surface area to be treated with this project. Therefore, a stormwater plan is not necessary.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? T

W-Ic K,,"FY(7fl`rk'. j;l) IDWK Fj.; 1-1-0,, 1-ol I
Attachment 2
Grantsboro Mine Wetland Mitigation Plan
(Revised 8/22/2014)
Page 1 6

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
(Revised 8/22/14)

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
II1
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

CatitonDcvelopment
I. Introduction
A. Project Description
Cayton Development, LLC, herein referred to as the "Applicant ", has undertaken sand mining activities, within
an area detennined 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, strearn, 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 ofpreference.
D. Perm ittee - Respon sib le 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:

C�ayton D evrry rrr�nt itr" atic�n �'�arr (�a 4� SF-Gi
Objectives
r,* Site selection information
ri�- Site protection instruments
r6- Baseline information
A credit determination methodology
A mitigation work plan
A maintenance plan
Ecologically -based performance standards
c&- 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
Ratio
Restoration (pond areas)
2.86
2.86
Enhancement (vegetative area)
1.91
0.95
Creation
1.74
1.16
Total Enhancement, Restoration & Creation
6.51
Preservation of Enhancement, Creation and Restoration Areas
6.51
1.30
Additional Preservation Area
5.68
1.14
Total Preservation
12.19
B. Site Selection
1. Enhancement ,Restoration and Creation Areas
The Applicant is proposing to utilize land within the project limits, to fulfill the mitigation plan.
Currently, there are two borrow pits (open water ponds) 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
I NC Department of Environment and Natural Resources, Wetland Assessment Method v4.1

CaqtonDevelopment Miti gation Plan Tae 1 J) 5EG
The proposed preservation areas include the 6.51 acre mitigation area and 5.68 acres east of the
mitigation area (see Appendix D).
C. Baseline Information
Baseline information was collected for the impact and mitigation areas.
1. Impact Area
a) Soils
According to the ESRI World lmagry, 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. Restoration and Creation Areas
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). While this is being completed, hydric soil will be brought over, from the proposed impact area,
and distributed across the entire creation and restoration area. The area will then be planted with hydrophytic
vegetation. Vegetation planting will consist of at least three of the following species:
Nyssa aquatica (Swamp gum)
Ulmus americana (American Elm)
Taxodium distichum (Bald Cypress)
Magnolia virginiana (Magnolia, sweetbay)

., w
Q. laurifolia (Oak, laurel)
Persea palustris (Bay, red)
Vegetation will be planted on 1 I 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. Work on these areas will begin upon receipt of the agencies' approval of the mitigation proposal and
will be completed within I year of issuance of the 401 Water Quality Certification. A post construction
baseline report will be submitted to the USACE and DWR within 45 days of completion of the work.
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 USAGE and DWR within 45 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% of the planted hydrophytic vegetation. Volunteer species, such as red maple,
which have a tendency to dominate in the early phases of succession, will be removed on as needed basis. Five
sampling plots are proposed (see Appendix Q. The permittee will provide a map, depicting exact plot locations
(i.e. ]at / long coordinates), with the baseline report.
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 6 % of the growing season (consecutive days). 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 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. Exact well locations will be depicted on the sampling plot map.
2 http: / /www.usace. army. mil /Portals /2 /does /civitworks /regulatory /, reg supp /AGCP regsupV2.pdf
3 http://www.oregon.gov/dsl/does/t-echstan watertable mes.pdf

Layton D=1opment Mitigation Pan (Fa Se 1 7) _ ' i
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.
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 problern (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.
4 http: / /www.sr)k.usace. army. mil /Poatals /12 /documents /re gulatory/ mitigation/ Minimum% 2OMorvtorina %2ORequirements.r)df

Attachment 3
Conservation Declaration
(Revised 8/22/2014)
Page 1 7
SEG

MODEL DECLARATION OF RESTRICTIONS
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 12.19 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), and the NC Division of Water Resources DWR Proiect # 2014 -0573, issued by
the NC Department of Environment and Natural Resources, which required mitigation for
unavoidable impacts to waters of the United States authorized by those permits, and this
Conservation Declaration may therefore be enforced by the United States of America and Division of
Water Resources.
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 oc any other temporary or permanent structure or facility mnor above the
Property.
C. Industrial, residential and/or commercial activities, i any right of passage for such purposes are prohibited.
D. cultural, Agricultural, grazing, animal husbandry, and
horticultural use of the Property are prohibited.
E. Vejaetation. 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 htno construction of roads, trails or walkways oo the property.
G. Signage. No aignmmhoUbcpcnniUedonorovcr1boPropedy,czocpitbupoadn8ofooboopuosin8
signs, aiAow identifying the conservation values of the Property, signs giving directions or proscribing
rules and regulations for the use ofthe Property and/or signs identifying the Grantor ou owner ofthe
property.
H. Dumping or storage nf 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.
[ There shall bcnograding, 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 oz drainage patterns.
J. Water Quality and Drainage Pattern. There shall hcnodiking, draining, dredging, obauos/iug,
filling, leveling, pumping, impounding nr related uc1�idem, ozaltering u�
ortap with water
control structures or devices, ordisruption or alteration of the restored, enhanced, or created drainage
pattems. In addition, diverting or causing or penrutting the diversion of surface or underground water
into, vvdbin 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 nr extinguished b«this
Conservation Declaration shall be transferred pursuant to a transferable development rights scheme
ur cluster development arrangement nrotherwise.
L Vehicles. The operation of mechanized vehicles, including, but not limited to, rootoroyolco, did
bDccm, all-terrain vehicles, cars and trucks is prohibited.
M. other use uf, or activity on, the Property which is or may become
iucuooiobxd with the purposes of this grant, the preservation of the Property substantially in he
natural condition, or the protection of its environmental systems, is prohibited.
ARTICLE D1. ENFORCEMENT &REMEDIES
A. This I}eo1urudon is io1nudod to ensure continued compliance with the ni6ou{kon condition of
authorizations issued by the United States of America, U.S. Army Corps of Engineers, Wilmington

District, and the North Carolina Division of Water Resources, and therefore may be enforced by the
United States of America and the Department of Environment and Natural Resources. This covenant
is to run with the land and shall be binding on all parties and all persons claiming under the
Declarant.
B. The Corps and Division of Water Resources, 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 and/or the
Division of Water Resources 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]

Attachment 4
Proposed Wetland Mitigation Map
(Revised 9/19/2014)
Page 18

Z
3
0
0
U
Z
19 -acre Cayton Outparcel
Cre
Ai
Pond
Enhancement
Areas
Project Area
Q Cayton Outparcel
Proposed Wetland Enhancement - Pond Areas: 2.86 ac., Vegetative Area: 1.91 ac.
Proposed Wetland Creation - 1.74 ac.
Proposed Data Plot Locations
® Monitoring Well (Automatic)
J Monitoring Well (Manual)
Reference Well (Manual)
Baselines
USACE Verified 404 Wetlands
m Proposed 60' Access Easement
0 45 90 180 270 360 G}'G (� Proposed Mitigation Map
Feet / Grantsboro Mine Property "
1 inch = 232 feet Pamlico County, N.C. w e
7/28/2014, revised 8/22/2014, 8/27/2014, 5E-
"Baselines Not to Scale" 9/15/2014 Project #: 014 - 031.01 S