20140573 Ver 1_Final Permit_MitPlan_SAW201301288_20141006

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2013-01288 County: Pamlico U.S.G.S. Quad: NC-BAYBORO

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: Cayton Development, LLC
Scott Cayton
Address: PO Box 3361
New Bern, NC, 28564

Telephone Number: 252.671.3172

Size (acres) 25.7 Nearest Town Grantsboro
Nearest Waterway South 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. The site entrances is off SR 1201 (Hunning
Farms Road) approximately 1.5 miles north of Grantsboro at Highway 55 in Pamlico County, NC.

Description of projects area and activity: The property is a wooded pocosin that drains to the east to relatively permanent
waters that connect to the South Prong of the Bay River, located south of the property. The project consists of standard
mining activities including construction of a mining road and several stockpiles with 0.49 acres of wetland impacts. Mitigation
to offset impacts includes Permittee-responsible restoration and enhancement of 2.89 acres of impacted wetlands located
onsite. See the attached approved mitigation plan dated 22 August 2014 (Revised) and special conditions 1-9.

Applicable Law: Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)

Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 44 and 27 (onsite PRM)
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS

Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated 22 August 2014 (Revised). Any violation of the
attached conditions or deviation from your submitted plans may subject the Permittee to a stop work order, a restoration
order, a Class I administrative penalty, and/or appropriate legal action.

This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit’s expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.

Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.

For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Washington, NC, at [phone].

This Department of the Army verification does not relieve the Permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.

If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Emily Greer at 910-251-4567 or [e-mail].

Corps Regulatory Official: ___________________________ Date: 6 October 2014
Expiration Date of Verification: 18 March 2017
SAW-2013-01288

Determination of Jurisdiction:

A. Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).

B. There are Navigable Waters of the United States within the above described project area 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 period not to exceed five years from the date of this
notification.

C. There are waters of the US and/or wetlands within the above described project area 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 determination may be relied upon for a period not to exceed five years from the date of this notification.

D. The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 20 June 2014. Action ID: SAW-2013-01288.

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 1987 Wetland Delineation Manual and is adjacent to an
unnamed tributary of the South Prong of the Bay River.  
Remarks: This after-the-fact permit serves as a closure to the enforcement of unauthorized activity at the subject
property. Mitigation is DENR-DWR driven. Corps required mitigation focuses only on the restoration of the ponds.

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 Security
Act of 1985. If you or 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.

F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B
and C above).

This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may 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 submit a completed RFA form to the following address:

US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]

In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it 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.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**

SAW-2013-01288

Corps Regulatory Official: ______________________________________________________
Emily Greer

Date of JD: 20 June 2014
Expiration Date of JD: 20 June 2019

The Wilmington 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 online at http://regulatory.usacesurvey.com/.

SAW-2013-01288
Copy furnished:

Agent: Southern Environmental Group, Inc.
Dana Lutheran
Address: 5315 South College Road
Suite E
Wilmington, NC, 28412
Telephone Number: 910.452.2899

SAW-2013-01288

SPECIAL CONDITIONS

1. MAINTAIN CIRCULATION AND FLOW OF WATERS: Except as specified in the plans attached to
this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the
construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns
within waters or wetlands or to reduce the reach of waters or wetlands.

2. REPORTING ADDRESS: All reports, documentation, and correspondence required by the conditions of
this permit shall be submitted to the following address: U.S. Army Corps of Engineers, Regulatory Division,
Wilmington Regulatory Field Office, c/o Ms. Emily Greer, 69 Darlington Avenue, Wilmington, NC 28403, and
by telephone at: 910-251-4567. The Permittee shall reference the following permit number, SAW-2013-01288,
on all submittals.

3. COMPLIANCE INSPECTION: A representative of the Corps of Engineers will periodically and randomly
inspect the work for compliance with these conditions. Deviations from these procedures may result in an
administrative financial penalty and/or directive to resolve the problem to the satisfaction of the Corps.

4. PERMITTEE-RESPONSIBLE ONSITE MITIGATION: The Permittee shall fully implement the
approved compensatory mitigation plan, entitled Grantsboro Mine Wetland Mitigation Plan, 22 August 2014
(Revised), for the unavoidable impacts to 0.49 acres of wetlands. Activities prescribed by this plan shall be
initiated prior to, or concurrently with, commencement of any construction activities within jurisdictional areas
authorized by this permit. The Permittee shall restore and enhance 2.89 acres of impacted wetlands located
onsite in accordance with the approved mitigation plan and with the following conditions:

a) The Permittee, Mr. Scott Cayton, is the party responsible for the implementation, performance and
long term management of the compensatory mitigation project.

b) Any changes or modifications to your mitigation plan shall first be approved by the Corps.

c) The Permittee shall maintain the entire mitigation site in its natural condition, as altered by the work
in the mitigation plan, in perpetuity. Prohibited activities within the mitigation site specifically include, but are
not limited to: Filling; grading; excavating; earth movement of any kind; construction of roads, walkways,
buildings, signs, or any other structure; any activity that may alter the drainage patterns on the property; the
destruction, cutting, removal, mowing, or other alteration of vegetation on the property; disposal or storage of
any garbage, trash, debris or other waste material; graze or water animals, or use for any agricultural or
horticultural purpose; or any other activity which would result in the property being adversely impacted or
destroyed, except as specifically authorized by this permit.

d) In accordance with the mitigation plan, the Permittee will identify the proposed preservation mechanism
to be used to maintain the entire mitigation site in perpetuity, subject to the approval of the Wilmington District.
The District considers preservation of property for compensatory mitigation purposes to consist of maintaining the
property in its natural condition, or, if restoration, creation, or enhancement work has been performed on the
property, in its mitigated condition. There are several preservation mechanisms that may be used to preserve
mitigation property, including, conservation easements, restrictive covenants, and conservation declaration of
restrictions. Fee conveyance to an acceptable conservation organization may also be acceptable. The Permittee
shall not sell or otherwise convey any interest in the mitigation property used to satisfy the mitigation

requirements for this permit to any third party, without prior written approval from the Wilmington District
Corps of Engineers.

e) All mitigation areas shall be monitored for a minimum of 7 years or until deemed successful by the
Corps in accordance with the monitoring requirements included in the mitigation plan.

f) If the compensatory mitigation fails to meet the performance standards 7 years after completion of
the compensatory mitigation objectives, the compensatory mitigation will be deemed unsuccessful. Within 60
days of notification by the Corps that the compensatory mitigation is unsuccessful, the Permittee shall submit to
the Corps an alternate compensatory mitigation proposal to fully offset the functional loss that occurred as a
result of the project. The alternate compensatory mitigation proposal may be required to include additional
mitigation to compensate for the temporal loss of wetland function associated with the unsuccessful
compensatory mitigation activities. The Corps reserves the right to fully evaluate, amend, and approve or reject
the alternate compensatory mitigation proposal. Within 120 days of Corps approval, the Permittee will
complete the alternate compensatory mitigation proposal.

g) All groundwater monitoring wells will be installed in accordance with the guidelines established in
the “Technical Standard for Water-Table Monitoring of Potential Wetlands Sites” document, dated June 2005.
The reference monitoring well will be installed in the adjoining, undisturbed property located south of the
mitigation site within the Wasda soil series. This well will be installed prior to the beginning of the growing
season after the permit is issued. According to “Hydric Soils and Growing Season: Wetland Delineation Data
for North Carolina” by the Department of Forestry at NC State University, the growing season for Wasda soils
is November to May. The Permittee will alert the Corps of the well installation date at least one week prior to
construction. Monitoring of the reference well will occur at a frequency that is adequate and sufficient to
compare the success of hydrology on the mitigation site. It is preferable that these data be collected daily;
however, if this cannot be achieved, data from manual monitoring wells will be recorded at a minimum
frequency of three times per week for the first 8 weeks of the growing season. After this timeframe, monitoring
shall occur at a minimum frequency of one time per week for the remainder of the growing season. Monitoring
outside of the growing season shall occur at a minimum frequency of two times per month. These data should
not be collected on consecutive days, but should rather reflect actual site conditions. This monitoring schedule
shall be adhered to for the first three years of monitoring with the contingency of early release from monitoring
or an extension of the monitoring period, depending on the success of the mitigation site. Rain data and a
summary of site conditions shall be included with the hydrology data in the hydrology reports. Hydrology
reports will be provided to the Corps on a bi-weekly basis during the growing season and quarterly outside of
the growing season. Reports can be provided in an email to [e-mail].

h) Planted tree species shall be comprised of a community reflective of the target goal of a restored
Pocosin wetland. Selected species shall not be comprised of unsuitable species, such as, but not limited to
Fraxinus pennsylvanica (green ash), Acer rubrum (red maple), Ulmus americana (American elm), or Quercus
sp. (oaks). Suitable species include, but are not limited to Magnolia virginiana (sweetbay), Taxodium distchum
(bald cypress), Nyssa aquatic (water tupelo), Persea palustris (red bay), and Pinus serotina (pond pine). The
Permittee will provide the Corps with the final list of planted tree species for approval prior to planting.

7. MITIGATION RELEASE: The Permittee’s responsibility to complete the required compensatory
mitigation, as set forth in the Compensatory Mitigation Special Condition of this permit will not be considered
fulfilled until mitigation success has been demonstrated and written verification has been provided by the
Corps. A mitigation area which has been released will no longer require monitoring or reporting by the
Permittee; however, the Permittee, Successors and subsequent Transferees remain perpetually responsible to
ensure that the mitigation area(s) remain in a condition appropriate to offset the authorized impacts in

accordance with the approved mitigation and monitoring plan and the general and special conditions of this
permit.

8. RESTRICTIVE COVENANT: The Permittee shall execute and cause to be recorded in the Pamlico
County Register of Deeds the restrictive covenants acceptable to the Corps of Engineers for the purpose of
maintaining the 12.19 acres of remaining on-site wetland areas, in their natural state in perpetuity, prior to the
sale or conveyance of any lots or other property within the project site. The Permittee shall provide a copy of
the recorded restrictive covenants and survey plat to the Corps of Engineers within 60 days of recording. The
provisions relating to wetlands, including the prohibited activities described in the restrictive covenant cannot
be amended without the express written consent of the U.S. Army Corps of Engineer, Wilmington District. The
Permittee shall enforce the terms of the restrictive covenants and, prior to recording to restrictive covenants,
shall take no action on the property described in the covenants inconsistent with the terms thereof.

Upon recordation of the Declaration, the Permittee must also record at the Pamlico County Register of Deeds, a
final survey map of the property, which clearly depicts accurate boundaries of the conservation areas as
confirmed by the Corps of Engineers. Excluding the approved and required wetland restoration activities, no
person or entity shall fill, grade, excavate, or perform any other land disturbing activities; nor construct any
structures, nor allow animal grazing or watering or any other agricultural use on such conservation areas. The
Permittee shall enforce the terms of the Declaration and shall take no action on the property described in the
Declaration inconsistent with the terms thereof. The Permittee shall provide a copy of the recorded Declaration
and recorded Survey to the Corps of Engineers within 60 days of recording.

9. SEDIMENT SLUICING: The Permittee shall take measures to control any bottom sediment that may be
sluiced by draining the pond(s) on the project site. Sediment sluicing from ponds is not authorized by this
permit.

Action ID Number: SAW-2013-01288 County: Pamlico

Permittee: Cayton Development, LLC
Scott Cayton

Project Name: Scott Cayton Sand Mine

Date Verification Issued: 6 October 2014

Project Manager: Emily Greer

Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:

US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Emily Greer

Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.

I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.

_______________________________________ ______________________
Signature of Permittee Date

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Cayton Development, LLC
Scott Cayton
File Number: SAW-2013-01288 Date: 6 October 2014
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E

SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
 ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
 OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
 ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
 APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
 ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
 APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be 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.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)

ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division, Attn:
Emily Greer
69 Darlington Avenue
Wilmington, NC 28403
910-251-4567
[e-mail]

If you only have questions regarding the appeal process you may
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.

________________________________________
Signature of appellant or agent.
Date: Telephone number:

For appeals on Initial Proffered Permits send this form to:

District Engineer, Wilmington Regulatory Division, Attn: Emily Greer, 69 Darlington Avenue, Wilmington, North Carolina
28403

For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:

Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]
`A ( r
Southern Environmental Cjrou�, �nc.
55 15.5outk College Road, Suite E - Wilmington, North Carolina 28412
910.+52-2711 - Fax [phone] - o(fice@segi-us
www.segf.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
(Revised 8/22/14)

Cayton Development Mitigation Plan Page 12) 5F—Gi
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
D. Mitigation Work Plan
5
5
III
Ecologically -based Performance Standards
6
A. Vegetation
6
B. Hydrology
6
IV
Monitoring Requirements
6
V
Contingency Plan
7
Appendices
Appendix Description Page
A
Grantsboro Mine Wetland Impact Map
8
B
USACE Jurisdictional Determination
9
C
Grantsboro Mine Mitigation Map
10
D
Grantsboro Mine Declaration of Restrictions and Preservation Exhibit
1 l
E
Soil Survey of Pamlico County
12

Caqton Dcvc1oFmcnt Mitigation Flan (Fags 1 3) sr—Gi
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:
0 Private Mitigation Banks
The first, and preferred option, is for permittees to purchase credits from an approved mitigation
bank. A mitigation bank is a wetland, stream, or other aquatic resource area that has been established
by a third -party organization.
• In -Lieu Fee Programs
The second option for mitigating impacts involves payment to an in -lieu fee program that will in turn
fund aquatic resource creation, restoration, enhancement, or preservation activities.
• Permittee -Responsible Mitigation
The final and least desirable option in the USACE' hierarchy allows the permittee itself to restore,
establish, enhance, or create aquatic resources. The permittee may implement mitigation measures
on-site or within the same river basin as the project site.
Note: The mitigation mechanisms have been listed in the order of preference.
D. Permittee -Responsible Mitigation Plan Standards
Standardized reporting criteria will help the USACE evaluate compliance and success of all mitigation methods
used to offset impacts to jurisdictional waters. This is accomplished by addressing the "Twelve Fundamental
Components of Mitigation." The rule describes the kind and level of information the USACE must consider
under any of the mitigation options. All mitigation plans should include most, if not all, of the 12 fundamental
components. They are as follows:

Canton ]development Mitigation Plan Ta4c 14) SE -GI
Objectives
.a� Site selection information
ai�- Site protection instruments
am Baseline information
A credit determination methodology
.� A mitigation work plan
.r A maintenance plan
c&- Ecologically -based performance standards
a&- 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
' NC Department of Environment and Natural Resources, Wetland Assessment Method v4.1

Ca ton ]development Mitigation Plan (Page 1 S) sr—Gi
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 Imagry, Soil Survey of Pamlico County, soils within the mitigation
site have been mapped as Wasda muck (Sd) (see Appendix E). This soil is nearly level and very
poorly drained. Typically, the surface layer is black muck 12 inches thick, and the seasonal high
water table is at or near the surface.
b) Hydrology
The seasonal high water table can be found within 12" of the surface.
c) Vegetation
Vegetation within the impact area consists of Ilex coriacea (Holly, ba -gall), Magnolia virginiana
(Magnolia, sweetbay), Acer rubrum (Maple, red), Persea palustris (Bay, red), and Caccinium
corymbosum (Blueberry, highbrush).
2. Mitigation Area
a) Soils
The mitigation area is mapped as having the same soil series as the impact area (i.e., Wd).
b) Hydrology
Except in those areas where berms have been created, the seasonal high water table is at or near
the surface.
c) Vegetation
As a result of the previous mining activity, very little natural vegetation exists within the
mitigation area.
D. Mitigation Work Plan
1. 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 Q. 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)

Cayton Development Mitigation Plan (Page 1 6) SE-Gi
Q. laurifolia (Oak, laurel)
Persea palustris (Bay, red)
Vegetation will be planted on 1 l 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 1 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 USACE 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 C). The permittee will provide a map, depicting exact plot locations
(i.e. lat / 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 htt ://www.usace.arm.millPortals/2/docs/civilwcrks/re ulato /re su /AGCP re su V2. dt
"http-://www.oregon.gov/dsl/docs/teclistan watertable mes.pdf

Ca ton Development Mitigation Plan (Fa,91- 1 7) SF.Gt
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 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.
4 hitr.+'hwwyv.snk.usic .trmy.miI/Portals/l?Idocumentsln iu� Iutorylmit[gat ion/ Minimum%20 Mon itori ng°ro20Req uirements.ndf

Cayton Development Mitigation Plan LPa14e I J) ` E-Gi
Appendix A
Grantsboro Mine Wetland Impact Map

Stockpile 3:
2,726 sq. ft.
Stockpile 2:
2,726 sq. ft.
Stockpile 1:
2,726 sq. ft.
20' Mining Road:
13,268 sq. ft.
NC306 Hwy. N.
Proposed Mitigation Map
Grantsboro Mine Property
Pamlico County, N.C.
7/28/2014, revised 8/22/2014 Project #: 014-031.01 µ
Project Area
USACE Verified 404 Wetlands
Existing Ponds 052214
Proposed Temporary Mining Road
Proposed Small Stockpile Location
Proposed Minable Area - 5.33 ac.
Proposed Wetland Impact - 4.91 ac.
Open Water Impact for Purpose of Mitigation - 1.51 ac.
1 inch = 164 feet
Map Source: ESRI World Imagery
0 60 120 180 24030
Feet
Cayton Development Mitigation Plan Page 18) 5FIG
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 property 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 Following 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 jurisdictional determination must be verified by the Corps. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33
CFR Part 331). If you wish, you may request an approved JD (which may be 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 period not to exceed five years from the date of this
notification.
There are waters of 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 determination 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 of your 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 verified by the Corps.
The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified 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 change in 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
Page 1 of 2

published regulations, this determination 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
(CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at [phone] 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 910-251-4567 or
Emily.C.Greer(a,usace.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 1987 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 made to
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 Security Act of 1985. If you or 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.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may 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 submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it 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.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Digitally signed b/ GREEREMILY.C1385325300
GREER.EMILY.C.1385325300-GREER.EMILY.C1 853253300 u=DOD, ou=PKl, —USA,
Corps Regulatory Official: Date: 2014.052017:38:30-04'00'
Date: June 20, 2014 Expiration Date: June 20, 2019

The Wilmington 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://re u�ry.usacesurvev.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 LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES)
State: NC County/parish/borough: Pamlico City: Grantsboro
Center coordinates of site (]at/long in degree decimal format): Lat. 35.155794° 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.
Cowardin Class: Palustrine, forested, non -tidal
Name of any water bodies on the site that have been identified as Section 10 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, March and June 2014
1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit
applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an
approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time.
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) the permit applicant has elected to seek a permit authorization based on a preliminary 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 applicant has the
right to request 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 upon the subject permit authorization without requesting an approved JD constitutes the
applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable;
(6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any
form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on
the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such
jurisdiction in any administrative 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 proffered individual permit (and all terms and conditions contained therein), or
individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative 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 an approved JD to accomplish that result, as soon as is practicable.

This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic
features on the site that could be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case
file and, where checked and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Maps, sketch of delineation line.
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
® U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
(9 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 Floodplain 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):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should
not be relied upon for later iurisdictional determinations.
GREER.EMILY.C.138 �„1A'�$e� yMEERRUA LYC 1M503725
5325300 o Um.E �REEREMIECC1385375300
W.
701 06.]01738 i9 bl'00'
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
Latitude
Longitude
aquatic resource in
number
Class
resource
review area
1
35.154799
-76.841840
Palustrine,
12 acres
Non -tidal wetland
forested
2
35.156047
-76.839937
RPW
1.5 acres
Jurisdictional pond
2

Caqton ]development Mitiyation Pan Page 1 9) ,9F_Cjl
Appendix C
Grantsboro Mine Mitigation Map

Cre;
Ar
19 -acre Cayton Outparcel
Pond
Enhancement
Areas
0 Project Area
0 Layton Outparcel
© Proposed Wetland Enhancement - Pond Areas: 2.88
Proposed Wetland Creation - 1.74 ac.
! Proposed Data Plot Locations
Monitoring Well (Automatic)
�7 Monitoring Well (Manual)
!
Reference Well (Manual)
Basellnes
[1 USAGE Verified 404 Wetlands
MI Proposed 6Q' Access Easement
7�k
ac., Vegetative Area: 1.91 ac.
0 45 90 160 270 360 Proposed Mitigation Map
Feet Grantsboro Mine Properly 4
1 inch = 232 feet Pamlico County, N.C. w E
7/28/2014, revised 8/22/2014, 8/27/2014, ~LC
"Baselines Not to Scale" 9/19/2014 Project #: 014-031.01

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Cagton Development Mitiggation Plan Page I 11) 5E—Gi
Appendix D
Grantsboro Mine Declaration of Restrictions and Preservation Exhibit

MODEL DECLARATION OF RESTRICTIONS
STATE OF NORTH CAROLINA
Pamlien 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 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 roads, trails or walkways on the property.
G. Signa eg_. No signs shall be permitted on or over the Property, except the posting of no trespassing
signs, signs identifying the conservation values of the Property, signs giving directions or proscribing
rules and regulations for the use of the Property and/or signs identifying the Grantor as owner of the
property.
H. Dumping or Storage_ Dumping or storage of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any
placement of underground or aboveground storage tanks or other materials on the Property is
prohibited.
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 Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling,
filling, leveling, pumping, impounding or related activities, or altering or tampering with water
control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage
patterns. In addition, diverting or causing or permitting the diversion of surface or underground water
into, within or out of the easement area by any means, removal of wetlands, polluting or discharging
into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights No development rights that have been encumbered or extinguished by this
Conservation Declaration shall be transferred pursuant to a transferable development rights scheme
or cluster development arrangement or otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt
bikes, all -terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become
inconsistent with the purposes of this grant, the preservation of the Property substantially in its
natural condition, or the protection of its environmental systems, is prohibited.
ARTICLE II. ENFORCEMENT & REMEDIES
A. This Declaration is intended to ensure continued compliance with the mitigation condition of
authorizations issued by the United States of America, U.S. Army Corps of Engineers, Wilmington

District, and 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. Recordme. 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]

TT

Caton ]development Mitigation Pian (raE,;e i 1 1) 5r-Gi
Appendix E
Soil Survey of Pamlico County

L
ti_
•.. a yrs �•..
,
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s '
l I , r , ,/. ; ,=5 1.. k - --�. o •ice .� '�.
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1
by } , .• � 4'e s .. �"� � �.s
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f - ■l
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