20211669 Ver 1_DRAFT Mitigation Plan_20221103

ID#* 20211669
Select Reviewer:
Erin Davis
Initial Review Completed Date 11/03/2022
Mitigation Project Submittal - 11/3/2022
Version* 1
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Type of Mitigation Project:*
Stream Wetlands Buffer Nutrient Offset
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Project Contact Information
Contact Name:*
Kevin Yates
Project Information
ID#:* 20211669
Existing ID#
Project Type: DMS Mitigation Bank
Project Name: Lowlands Mitigation Site
County: Johnston
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Mitigation Plans
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DRAFT MITIGATION PLAN
Lowlands Wetland Mitigation Site
Clearwater Neuse 01 Umbrella Mitigation Bank
for Cataloging Unit 03020201 of the
Neuse River Basin
Johnston County, NC
USACE Action ID No. SAW-2015-01815
DWR Project No. 20211669 v.1
Bank Sponsor: Clearwater Mitigation Solutions, LLC
604 Macon Place
Raleigh, North Carolina
Authorized Representative: Mr. Kevin Yates
Phone: [phone]
CLEARWATER MITIGATION
SOLUTIONS
Prepared By:
And
October 2022
lJ M[:ADAMs
612 Hillsborough Street, Suite 500
Raleigh, NC 27603
"This mitigation plan has been written in conformance with the requirements of the following:
• Federal rule for compensatory mitigation project sites as described in the Federal Register Title 33 Navigation
and Navigable Waters Volume 3 Chapter 2 Section § 332.8 paragraphs (c)(2) through (c)(14)."

Executive Summary & Protect History
The 75.35-acre Lowlands Wetland Mitigation Site ("Site") is located approximately one mile northeast
of the intersection of Devils Racetrack Road (SR 1009) and Guin Road (SR 1184) in Johnston County,
North Carolina (35.421° N; 78.348° W). The Site is located within the Neuse River Basin, 8 digit
Hydrologic Unit Code (HUC) 03020201. The following provides background to the original Lowlands
PRM Site and its proposed conversion to a traditional mitigation bank site.
The original purpose of the Site was to provide 33.58 wetland mitigation credits to Dominion Energy
Transmission, Inc. (DETI) as part of DETI's Permittee Responsible Mitigation Plan (PRM) to
compensate for unavoidable impacts to wetlands associated with the Atlantic Coast Pipeline Project
(ACP). Construction of the Site was completed in February 2018, and has been monitored since that
time. The ACP project was abandoned by Dominion Energy in July 2020, and with that the need for the
wetland mitigation credits provided by the Lowlands PRM Site. Since then, it has been agreed by all
parties (USACE, IRT, Dominion Energy-ACP, Clearwater Mitigation, and Land Owners) to allow for
the conversion of the Lowlands PRM Site and its assets into a traditional Mitigation Bank to service the
Neuse River Basin, 8 digit Hydrologic Unit Code (HUC) 03020201.
A majority of the Lowlands Site, 71.82 acres of the proposed 75.35 Bank Site is currently under the
protections of a conservation easement and previously constructed as a wetland mitigation site, with the
former 3.53 acre Atlantic Coast Pipeline (ACP) Right -of -Way Easement (ROW), the only area to be
added to the Bank Site. The Site is currently undergoing a legal and administrative conversion from a
PRM Site to a traditional wetland mitigation bank site for credits to be administered through the
Clearwater Neuse 01 Umbrella Mitigation Bank. The Lowlands Bank Site, will add 3.53 acres of former
ACP ROW to the existing Lowlands Site, to that there are no breaks within the conservation easement.
All earthwork within the former ACP ROW was completed during the original 2018 construction
period, however it was never planted due to pending construction of the ACP. Plantings are proposed
within the re-establishment area of the former ACP ROW corridor. Upon completion of the planting
activities listed below, performance standards for hydrology and vegetative monitoring will be
integrated, in order to seek a 1:1 wetland re-establishment credit ratio in the former ACP ROW area.
Previous monitoring activities for the Site have followed the guidelines presented in USACE
Wilmington District October 2016 Guidance documents and the North Carolina Ecosystem
Enhancement Program (NCEEP) Monitoring Requirements and Performance Standards for Stream
and/or Wetland Mitigation (November 2011) and were tailored to the Site. All the groundwater
monitoring locations indicate that the wetland hydrology is meeting the success criteria for the Site, per
the MY1-MY4 monitoring periods. In Monitoring Year 3, within the vegetation monitoring plots 1
through 8, the planted stem density in the vegetation monitoring plots ranged from 200 to 1,800 stems
per acre. All plots except plot 7 met the interim vegetation monitoring criteria of 320 stems per acre
after three years of monitoring (MY-3). A supplemental vegetative analysis within the Enhancement
Areas 1 and 2 was conducted in the April of 2021, per discussions during the IRT Site. Six (6)
supplemental vegetation plots were sampled within the Enhancement Areas 1 and 2 on April 21, 2021.
Two of the six supplemental plots, plot 9, at 283 stems per acre and plot 14 at 121 stems per acre did
not meet the interim target density of 320 trees per acre after three years of monitoring. Supplemental
planting was conducted within Enhancement Area 2 as discussed in Section 5.6, below. Supplemental
planting was not conducted within Enhancement Area 1, and is proposed to alter the mitigation
approach within Enhancement Area 1, from wetland enhancement to wetland preservation at a reduced
ratio of 15:1, as discussed in Section 6.3.5, below. This area will remain named Enhancement Area 1 for
the purposes of project continuity.
i

Ultimately, the wetland mitigation project will improve the overall function, habitat, and integrity of the
degraded and drained wetlands, with primary goals to:
1. Restore the primary wetland functions and values appropriate for this section of the Neuse River
Lowlands. Objective: Re-establishment and conversion of the existing agricultural fields
exhibiting hydric soil characteristics to a bottomland hardwood wetland.
2. Improve sediment retention and capacity for nutrient removal to offset historic agricultural
practices. Objective: Filling discharge ditches, traditionally used in nutrient -enriched row crop
production. Planting with native bottomland hardwood species to prevent sediment loss and
provide for nutrient uptake.
3. Restoration of the attendant hydrologic and biologic functions of a bottomland hardwood forest.
Objective: Restoration of appropriate bottomland hardwood wetland hydrology through filling of
site ditches and restoring connectivity with adjacent surface. Improve surface water storage by
integrating temporary pools.
4. Restore and Enhance native bottomland hardwood forest. Objective: Plant native tree and
understory species, including Bald Cypress, within re-establishment and enhancement portions of
the Site.
5. Permanently protect existing higher quality bottomland hardwood forest, in addition to the
remainder of the project area. Objective: Establish a perpetual conversation easement over the
Site.
The Table below, provides a breakdown of proposed wetland mitigation units for the Lowlands Site,
which includes integration of the former ACP ROW for the Site:
Project Location
Existing
Acreage
Former
ACP
ROW Ac
Combined
Acreage
Mitigation
Approach
Mitigation
Ratio
Mitigation
Credits
Wetland
Type
Agricultural Field
(Re-establishment Area)
22.0
1.96*
23.96
Re-establishment
1:1
23.96
Riparian
Preservation Area
22.8
0.76
23.56
Preservation
7.5:1
3.14
Non -
Riparian
Enhancement Area 1**
14.3
1.62
15.92
Preservation
15:1
1.06
Non
riparian
Enhancement Area 2
5.1
-
Enhancement
2:1
2.55
Riparian
Uplands
5.9
0.29
6.19
Upland buffer
Non -Credit Area
Total Riparian
26.51 WMUs
Total CE Acreage
75.35 acres
Total Non -Riparian
4.20 WMUs
* Includes former 1.1-acre of temporary ACP construction easement. Will require planting and monitoring
devices installed.
** Proposed to be converted from original enhancement mitigation approach to preservation at a reduced
ratio.
In coordination and previous discussions with the IRT, upon approval of the UMBI, it is proposed to
allow for the credit release equivalent to Monitoring Year-3 (credit release milestone 5) for the Site.
Subsequent credit releases will follow a traditional mitigation banking release schedule. Monitoring
activities going forward will continue to follow the guidelines presented in USACE Wilmington District
October 2016 Guidance documents and the North Carolina Ecosystem Enhancement Program (NCEEP).
Upon approval for closeout by the Interagency Review Team (IRT), the site will be transferred to the
North Carolina Wildlife Habitat Foundation (NCWHF). This NCWHF shall serve as conservation
easement holder and long-term steward for the property and will conduct periodic inspection of the site to
ensure that restrictions required in the conservation easement are upheld. Endowment funds required to
uphold easement and deed restrictions will be finalized prior to site transfer to the responsible party.
ii

Table of Contents
Executive Summary & Project History
1.0 Project Site Identification and Location 1
1.1 Directions to Project Site 1
1.2 Landowner Information & Conservation Easements 1
1.3 Bank Site Selection 2
2.0 Watershed Characterization 2
2.2 Surface Water Classification / Water Quality 3
2.3 Physiography, Geology, and Soils 3
3.0 Potential Constraints 3
3.1 Site Access 3
3.2 Utilities 4
3.3 FEMA 4
3.4 Hazardous Materials 4
3.5 Threatened & Endangered Species 4
4.0 Lowlands Site - Pre -Construction Conditions 5
4.1 Jurisdictional Wetland Determinations 5
5.0 Originally Completed Mitigation Work Plan for Original Lowlands PRM 6
5.1 Summary of Original Mitigation Work & Wetland Credits Generated 6
5.2 Original Restoration Project Goals & Objectives for Lowlands PRM 7
5.3 Completed Mitigation Activities 8
5.4 Summary of Monitoring Results and Site Performance 10
5.4.1 Wetland Hydrology Monitoring & Performance 11
5.4.2 Vegetation Monitoring & Performance 11
5.4.3 Supplemental Vegetative Analysis in Open Water Area 12
5.6 Supplemental Planting w/in Enhancement Area 2 12
6.0 Mitigation Work Plan for Lowlands Bank Site 14
6.1 Restoration Project Goals & Objectives for Lowlands Bank Site 14
6.2 Proposed Wetland Mitigation Units 15
6.3 Wetland Mitigation Approach & Integration of Former ACP ROW 16
6.3.1 Re -Establishment Area 16
6.3.2 Re -Establishment Area of ACP ROW 16
6.3.3 Planting Plan - former ACP ROW 17
6.3.4 Preservation Area 18
6.3.5 Enhancement Aeas 1 19
6.3.6 Enhancement Area 2 19
6.3.7 Upland/Non-Credit Area 20
7.0 Wetland Credit Release Schedule 20
8.0 Success Criteria & Monitoring Requirements 22
8.1 Wetland Hydrology Success .22
8.1.1 Wetland Hydrology Monitoring Methodolgy 22
8.2 Wetland Vegetation Success Criteria 23
8.2.1 Vegetation Monitoring Methodolgy 23
9.0 Maintenance & Contingency Plan 25
9.1 Wetland Hydrology Contingency 25
9.2 Vegetation Contingency 25
9.3 Nuisance Species Management 25
9.4 Fencing & Easement Boundary Marking 26
10.0 Adaptive Management Plan 26
iii

11.0 Financial Assurances 26
11.1 Maintenance and Monitoring Assurance 26
11.2 Other Financial Assurance Requirements 27
12.0 Long Term Management Plan 27
13.0 References 28
Tables
Table 1. Land Owner Information 1
Table 2. ACP ROW Information .4
Table 3. Completed Mitigation Activities and (WMUs) for Original Lowlands PRM......9
Table 4. Completed Supplemental Plantings w/in Enhancement Area 13
Table 5. Target Supplemental Planting Density ..14
Table 6. Proposed Wetland Mitigation Units for Lowlands Bank . 16
Table 7. Proposed Plantings w/in former ACP ROW .18
Table 8. Proposed Wetland Credit Release Schedule ..21
Table 9. Proposed Wetland Hydrology Monitoring Summary 23
Table 10. Proposed Vegetative Monitoring Summary 24
Table 11. Proposed Monitoring Schedule .25
Appendices
Appendix A. Figures
Figure 1 USGS Quadrangle — Four Oaks, North Carolina
Figure 2 Johnston County NRCS Soil Survey Map (Sheet 11)
Figure 3 Original Wetland Delineation Exhibit
Figure 4 USGS 8-Digit HUC Map (Neuse 03020201)
Figure 5 Aerial: 14-Digit Aerial HUC Map
Figure 6 Site Drainage Area Map w/ Floodplain
Figure 7 Lowlands Site Concept Plan with Gauge & Veg. Plot Locations
Figure 8 Planting Zones w. Groundwater Gauge & Veg. Plot Monitoring Locations
Appendix B. Monitoring Reports
Monitoring Year 3 — Grounwater Hydrology & Vegetative Monitoring Results
- w/ Supplemental Vegetative Analysis w/in Enhancement Areas 1 & 2
- w/ Supplemental Vegetative Analysis w/in Open Water Area
Monitoring Year 4 — Groundwater Hydrology Monitoring Results
Appendix C. Regulatory Correspondence
- IRT Meeting Minutes /
- IRT Initial Evaluation Letter w/ Regulatory
Appendix D. Property Information
- Conservation Easement Plats & Deeds
- ACP ROW Release
Appendix E. Financial Assurances
- Draft Monitoring Bond
- Annual Maintenance & Monitoring Costs
Appendix F. Long Term Management
- NC Wildlife Habitat Foundation Acceptance
- Long -Term Management Calculations
Appendix G. Original Lowlands PRM Mitigation Plan
- Can be found on RIBITS
Correspondence
Draft Assignment to NCWHF
Letter
iv

1.0 Project Site Identification and Location
1.1 Directions to Project Site
The Lowlands Wetland Mitigation Site ("Site") is in Johnston County, North Carolina.
Directions to the site from Raleigh, North Carolina begin by heading east on I-40 toward I-95.
On I-40, take exit 328B to I-95 and head north on I-95. Continue north on I-95 for 6.5 miles, and
take exit 87 toward Four Oaks. Turn right on Keen Road for 2.3 miles, and then turn right on
US-701 S. After 1.3 miles, turn left on Stewart Road. After 1.0 mile, turn left on Devils
Racetrack Road. Take an immediate right on Guin Road, and the site is 1/2 mile be on the right.
(Fig. 1).
1.2 Landowner Information & Conservation Easements
A majority of the Lowlands Site, 71.82 acres of the proposed 75.35 Bank Site is currently under the
protections of a conservation easement and previously constructed as a wetland mitigation site, with the
former 3.53 acre Atlantic Coast Pipeline (ACP) Right -of -Way Easement (ROW), the only area to be
added to the Bank Site. The Site is located on two adjacent parcels, each with single ownership.
The Sponsor and the Landowners executed separate Deed for Conservation Easements
covering 71.82-acres per original Conservation Easement plat for the original Lowlands PRM
project, which were filed and recorded with the Johnston County Register of Deeds on
February 6, 2018 (Appendix D).
The ACP released their Right -of -Way Easement for both parcels back to the land owners in
July 20th and July 28th 2022, respectively (Appendix D). The Sponsor and the Landowner have
executed separate Agreements for Purchase and Sale of the remaining Conservation Easement
area within the abandoned ACP ROW, depicted as Conservation Easement Area 6 and 7,
totaling 3.53-acres on the draft Conservation Easement Addition plat. Following USACE
approval of the UMBI and the Bank Site Mitigation Plan, the Sponsor will exercise its rights
provided under the above -referenced agreements. The property will be protected in perpetuity
by conservation easements approved by the USACE.
Table 1 list the landowner's name, parcel identification number, acreage within the existing
Lowlands conservation easement, and proposed acreage to be added to the Lowlands Site.
parcel. Current property ownership and parcel information is as follows:
Table 1: Land Owner Information
Current Owner
Parcel ID No.
Current Acreage in
Conservation Easement
Deed Book / Page No.
Proposed Additional
Acreage for Conservation
Easement
James Clifton Rhodes
169000-48-1394
53.01 acres
D.B. 5097 P.G./814-825
1.76 acres
Chad M Stewart
169000-27-5572
18.81 acres
D.B. 5097 / P.G. 868-879
1.77 acres
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Hereafter, the owner will be referred to as "the Landowners."
The properties will be protected in perpetuity by the recorded conservation easements. The
conservation easements are written to prohibit incompatible uses that might jeopardize
objectives of the Bank. Conservation easements will be assigned and held in perpetuity by the
North Carolina Wildlife Habitat Foundation, discussed further under Section 12.0, Long -Term
Management Plan. The Sponsor will provide the land trust with a financial sum, in an amount
agreeable to both parties, appropriate for the long-term stewardship of the Site (Fig. 4).
1.3 Bank Site Selection
Based on the analysis presented in Section 2.0, the Neuse 01 is targeted as a watershed in need
of mitigation. A majority of the proposed Bank Site, over 95% is currently under the protections
of a conservation easement and previously constructed as a wetland mitigation site, with the
former ACP ROW, the only area to be added to the Bank Site. Many of the other identified
opportunities in the watershed are not currently feasible because such sites require the
cooperation of several landowners to achieve sufficient ecological and economic scale.
Therefore, selection of the properties was based on a combination of existing conditions,
geomorphic condition, land use, and the willingness of the current landowners to participate.
2.0 Watershed Characterization
2.1 Watershed Overview and Land Use
The Site is located within the Neuse River Basin, 8 digit Hydrologic Unit Code (HUC)
03020201, and more specifically within the Lower Mill Creek watershed (14 digit HUC
03020201150050) and NCDWR Subbasin 03-04-04 (Figs.4,5). The Site and Lower Mill Creek is
located within the NC Division of Mitigation Services Targeted Local Watershed (TLW). In
2010, the then NC Ecosystem Enhancement Program (NCEEP) produced a report in 2010,
amended 2018) describing existing uses within the Lower Mill Creek as follows:
"The Lower Mill Creek HU spans 35 square miles of the Southeastern Floodplains and Terraces
and the Rolling Coastal Plain ecoregions. Ninety-four miles of streams flow through the
watershed with a relatively low percentage that are unbuffered (14%). There is very little
development or imperviousness in this watershed. Sixty-six percent of the area is forested or
forested wetland with 13 square miles of un-fragmented forest. Soils are predominantly hydric
with 46% type A and 27% type B. Thirty-one percent of land is used for agriculture. There are
42 permitted livestock production facilities within the watershed including 26 swine farms.
There are over five square miles of designated Significant Natural Heritage Areas (SNHA) and
19 NHEOs have been documented within the watershed. Clean Water Management Trust Fund
(CWMTF) and NC Wildlife Resources Commission (WRC) have each constructed two projects
in the watershed. There are also two significant agricultural BMPs built in Lower Mill Creek
Preservation opportunities that augment the existing assets of SNHAs and un-fragmented forests
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Clearwater Mitigation Solutions
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are high priority. Projects that reduce the water quality impacts of row crops and livestock
productions are also highly recommended" (NCEEP 2010, amended 2018).
The primary land use within the project area is agricultural and pasture land, however, pine
plantations and forested lands occur along the Site boundaries. This region of Johnston County,
which lies just east of I-95 and south of Smithfield and just across the Wayne County line, is
known as the Neuse River Lowgrounds as referenced in the naming of the mitigation site. The
Neuse River Lowgrounds stretches across a vast floodplain, four miles wide in places, which
contains wetlands, streams, sloughs, levees, and relic ox-bows of the Neuse River. The soil
characteristics, vast floodplains, and poor drainage have been a limiting factor in the residential
and commercial development of this region, which is likely to continue into the future.
Additionally, there are several areas of conservation lands, including the Howell Woods
Environmental Learning Center, within the Mill Creek watershed.
2.2 Surface Water Classification / Water Quality
The Site is located within the Neuse River watershed, and is further located in a DMS targeted
watershed (HUC 03020201150050). The site drains through several unnamed tributaries within
the Lower Mill Creek watershed and eventually to Mill Creek (Moorewood Pond) and then to
the Neuse River. The Site is approximately one-half mile south of the Neuse River. Mill Creek
is designated C; NSW (Stream Index # 27-52-(1)). The Neuse River at the confluence with Mill
Creek was listed on the 2014 303(d) list as impaired for turbidity, but was delisted in 2016
(Fig.4).
2.3 Physiography, Geology, and Soils
The Site is located in the Southeastern Plains physiographic province and is situated in the
Southeastern Floodplains and Low Terraces ecoregion which consists of major river floodplains
and associated low terraces. In addition, this ecoregion consists of low gradient streams with
sandy and silty substrates, swamps, and oxbow lakes. According to the N.C. Division of Land
Resources (NCDLR 1985), the Site is underlain by quaternary alluvial gravelly sand, sandy
gravel, silt, and clay.
3.0 Potential Constraints
3.1 Site Access
The Site lies adjacent to Guin Road, a state maintained two lane secondary road. Site access can
be obtained directly from Guin Road (Fig1,7).
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3.2 Utilities
The Atlantic Coast Pipeline (ACP) and its 50-ft Right of Way (ROW) were proposed to bisect
the Site in 2018, however the ACP has since been abandoned and will not be bisecting the Site.
The ACP released their Right -of -Way Easement and access rights for both parcels back to the
land owners in July 20th and July 28th 2022. There are no other utilities within, nor proposed
within or adjacent to the Site.
Table 2: ACP ROW Release Information
Current Owner
Parcel ID No.
ACP ROW Release
Deed Book / Page No.
ACP ROW Release Date
James Clifton Rhodes
169000-48-1394
DB. 6304 /P.G. 975-976
Instrument # 2022819565
07/20/2022
Chad M Stewart
169000-27-5572
D.B. 6310 / P.G. 269-270
Instrument #2022820654
07/28/2022
3.3 FEMA
A portion of the Site is located within the Federal Emergency Management Agency's (FEMA)
500-year flood boundary (Map Number (3720168000K; revised 06/20/018). These areas are
inundated by the 500-year flood where base flood elevations have been determined. Figure 6
shows the flood zone delineations. A floodplain impact development permit will not be required
from Johnston County.
3.4 Hazardous Materials
The Environmental Database Resource (EDR) report did not identify any hazardous issues on,
near, or adjacent to the Site. The search area radius used ASTM Standard E1527-13 standards for
available databases and indicated no potential hazardous materials. A field review of the Site
revealed no visible evidence of any current or past hazardous material potential on the Site. The
property has been and is currently used for agriculture. The landowner has applied agricultural
chemicals including pesticides and fertilizers to the Site. Evidence was not observed that these
chemicals were not used and applied according to the manufacture labels or based on the local
agricultural extension agent recommendations. Evidence was not observed of any chemical
transfer points, storage facilities, or discarded agricultural chemical containers on Site.
3.5 Threatened & Endangered Species
According to the U. S. Fish and Wildlife Service (USFWS), the bald eagle (Haliaeetus
leucocephalus — Bald and Golden Eagle Protection Act), red -cockaded woodpecker (Picoides
borealis — Endangered), dwarf wedgemussel (Alasmidonta heterodon — Endangered), Tar River
spinymussel (Elliptio steinstansana — Endangered), and Michaux's sumac (Rhus michauxii —
Endangered) are listed as potentially occurring in Johnston County (USFWS, 2010). In addition,
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the N. C. Natural Heritage Program (NCNHP) identifies the following eight (8) state endangered
species: yellow lance (Elliptio lanceolata), Atlantic pigtoe (Fusconaia masoni), yellow
lampmussel (Lampsilis radiate), green floater (Lasmigona subviridis), globe -fruit seedbox
(Ludwigia sphaerocarpa), Carolina bogmint (Macbridea caroliniana), southern skullcap
(Scutellaria australis), Virginia least trillium (Trillium pusillum var. virginianum) as potentially
occurring in Johnston County. NCNHP also identifies the following eight (8) state threatened
species: triangle floater (Alasmidonta heterdon), Roanoke slabshell (Elliptio roanokensis),
eastern lampmussel (Lampsilis radiata), creeper (Strophitus undulatus), thick -pod white wild
indigo (Baptisia alba), kidney sedge (Carex reniformis), least brook lamprey (Lampetra
aepyptera), Carolina madtom (Noturus furiosus). A review of the NCNHP database of
documented occurrences did not reveal the presence of any of the aforementioned species within
a 1/2 -mile radius of the Site. Preliminary field investigations did not identify suitable habitat for
any of the aforementioned species. Correspondence was received from USFWS on August 25,
2021, stating that it appears that the proposed action is not likely to adversely affect any
federally- listed endangered or threatened species, their formally designated critical habitat, or
species currently proposed for listing under the Endangered Species Act (Appendix C).
3.6 Cultural Resources
A review of properties to be determined eligible for the National Register of Historic Places at
the State Historic Preservation Office (SHPO) was conducted for the Site and surrounding areas.
According to the files, there are no National Register properties within a one -mile radius of the
Site. In addition, the SHPO Archaeological Section was contacted in order to determine if
documented archaeological sites occur at or near the Site. No archaeological sites were identified
within a one -mile radius of the project site. Correspondence was received from SHPO on
September 28, 2021, stating that SHPO is not aware of any historic resources which would be
affected. Additionally in correspondence received from the Catawba Indian Nation, dated
October 5, 2021, the Catawba have no immediate concerns with regard to traditional cultural
properties, sacred sites or Native American archaeological sites within the boundaries of the
project area. Lastly, in correspondence received from the Cherokee Nation dated September 21,
2021, the Cherokee Nation stated Johnston County is outside the Cherokee Nation's area of
interest and therefore defers to federally recognized tribes that have an area of interest in the
landbase vicinity of the project (Appendix C).
4.0 Lowlands Site - Pre -Construction Conditions
The original Lowlands PRM Site pre -construction existing conditions including hydrology
characterization, vegetative community analysis, soils analysis, pre -construction well monitoring
data, water budget analysis, reference wetland information and community types can be found in
the originally approved Lowlands Mitigation Plan dated August 2017 (Appendix G-Available in
RIBITs).
4.1 Jurisdictional Wetland Determinations
A Preliminary Jurisdictional Wetland Determination request that included both parcels was
submitted on May 3, 2017 (Appendix G-Available in RIBITs). The Preliminary Jurisdictional
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Determination was approved (SAW-2015-01815), along with the Lowlands PRM Mitigation
Plan, when the 404 Nationwide Permit 12, 404 Permit was issued on February 9, 2018 (SAW-
2014-1558). Based on the Preliminary Jurisdictional Determination, no jurisdictional streams
were identified within the Site. However, there were three (3) open water ditch systems and one
(1) rim ditch systems, One (1) open water (ponded area) was identified within the Site totaling
approximately 0.03 acres. along with the Riverine Swamp Forest within Enhancement Area 2,
Non-Riverine Swamp Forest and Bottomland Hardwood Forest wetland systems noted in
Enhancement Area 1 and the Preservation Area (Fig.7). The existing wetland systems are better
described within the original Lowlands PRM mitigation plan and below in sections 5.3.
DETI also delineated jurisdictional wetlands and waters within the study corridor of the Atlantic
Coast Pipeline (ACP) right of way, including the study corridor which traverses the Lowlands
Site. The jurisdictional wetland determinations made by the Preliminary Jurisdictional
Determination (PJD) for the ACP study corridor, which traversed the Lowlands Site, aligns and
matches the jurisdictional wetland determinations made with the Lowlands Site PJD.
5.0 Originally Completed Mitigation Work Plan for Original Lowlands PRM
The Preliminary Jurisdictional Determination was approved (SAW-2015-01815), along with the
Lowlands PRM Mitigation Plan, when the 404 Nationwide Permit 12, 404 Permit was issued on
February 9, 2018 (SAW-2014-1558). The following discusses the originally completed
mitigation activities, the Lowlands Site in its current state, and a summary of monitoring reports
and performance criteria met.
5.1 Summary of Original Mitigation Work & Wetland Credits Generated
A majority of the Lowlands Site, 71.82 acres of the proposed 75.35 Bank Site is currently under
the protections of a conservation easement and previously constructed as a wetland mitigation
site, with the former ACP ROW, the only area to be added to the Bank Site. The original purpose
of the Site was to provide 33.58 wetland mitigation credits to Dominion Energy Transmission,
Inc. (DETI) as part of DETI's Permittee Responsible Mitigation Plan (PRM) to compensate for
unavoidable impacts to wetlands associated with the Atlantic Coast Pipeline Project (ACP). The
Site is currently undergoing a legal and administrative conversion from a PRM Site to a
traditional wetland mitigation bank site for credits to be through the Clearwater Neuse 01
Umbrella Mitigation Bank. The Lowlands Bank Site, will add 3.53 acres of former ACP ROW to
the existing Lowlands Site, to that there are no breaks within the conservation easement. The
additional ACP ROW within the re-establishment area will require legacy plantings and
monitoring devices as discussed in section 6.3.
The original PRM Site included the re-establishment of 23.1-acres of riparian wetlands,
enhancement of 5.1 acres of riparian and 14.3 acres of non -riparian wetlands, and preservation of
22.8-acres of non -riparian wetlands within the Site, providing 24.25 riparian wetland mitigation
units (WMUs) and 9.33 non -riparian WMU. 65.3 acres of the original 71.82 Lowland PRM Site
included some form of wetland re-establishment, enhancement, or preservation with the
remaining 5.9-acres of uplands and non-credit area included within the overall conservation
easement as an upland buffer (Appendix G). Construction and planting of the Site was completed
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in February 2018. Baseline hydrology and vegetation sampling was conducted in March 2018,
followed by MY-1 monitoring activities in the Fall 2018. A summary of MY1-MY4 monitoring
results and site performance can be found in Section 5.5, below.
5.2 Original Restoration Project Goals & Objectives for Lowlands PRM
The original purpose of the Lowlands Wetland Mitigation Site was to provide wetland mitigation
credits to Dominion Transmission, Inc. as part of Dominion's Permittee Responsible Mitigation
Plan (PRM) to compensate for unavoidable impacts to wetlands associated with the Atlantic
Coast Pipeline (ACP), within the Hydrologic Unit 03020201 (Neuse 01) service area. The
original project goals and related objectives are described below. Project goals are desired
project outcomes and are verifiable through visual assessment and/or measurement. Objectives
are activities that will result in the accomplishment of goals. The project has been be monitored
after construction to demonstrate success.
Ultimately, the wetland mitigation project will improve the overall function, habitat, and
integrity of the degraded and drained wetlands, while preserving existing higher quality
wetlands, with primary goals to:
1. Restore the primary wetland functions and values appropriate for this section of the
Neuse River Lowlands.
Objective: Re-establishment and conversion of the existing agricultural fields exhibiting
hydric soil characteristics to a bottomland hardwood wetland.
2. Improve sediment retention and capacity for nutrient removal to offset historic
agricultural practices.
Objective: Filling discharge ditches, traditionally used in nutrient -enriched row crop
production. Planting with native bottomland hardwood species to prevent sediment loss
and provide for nutrient uptake.
3. Restoration of the attendant hydrologic and biologic functions of a bottomland hardwood
forest.
Objective: Restoration of appropriate bottomland hardwood wetland hydrology through
filling of site ditches and restoring connectivity with adjacent surface. Improve surface
water storage by integrating temporary pools.
4. Restore and Enhance native bottomland hardwood forest.
Objective: Plant native tree and understory species, including Bald Cypress, within re-
establishment and enhancement portions of the Site.
5. Permanently protect existing higher quality bottomland hardwood forest, in addition to
the remainder of the project area.
Objective: Establish a perpetual conversation easement over the Site.
These same goals and objectives, above, will be utilized for the proposed Lowlands Mitigation
Bank Site.
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5.3 Completed Mitigation Activities
The Site provides for restoration and protection of aquatic resources within a conservation
easement and will result in net gains in hydrology, water quality, and habitat functions. Wetland
Restoration (Re-establishment) activities were designed to restore a fully functioning wetland
system to provide surface water storage, nutrient cycling, retention of sediment, and creation of a
variety of wildlife habitat. Reestablishment of wetland hydrology and wetland soil attributes
involved removal and filling of ditches, reforestation, and conversion of historic agricultural
practices from the Site. A summary of mitigation activities can be found in Table 3, below:
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Table 3. Completed Mitigation Activities and Wetland Mitigation Units (WMUsI for Original Lowlands PRM
Mitigation Type
& Completed Mitigation Activities
Acreage
Mitigation Ratio for Original Lowlands PRM
Wetland Mitigation Unit
Re -Establishment
(agricultural field)
22.0 ac.
1.1
22.0 riparian
Earthwork: Filled ditches 1, 2, 3, and the rim ditch with a combination
of channel fill and clay channel blocks. Installed
drainage features within fields. Re -distributed
Restoration of the hydrology to rehydrate
of 680 stems / acre with species selection
Earthen berms with rip -rap spillways located at the
topsoil in most areas. Ripped remaining agricultural
downstream end of ditches 1 and 2 will control the flow of water
field to reduction soil compaction aside from upland area and
reforestation of wetland vegetation.
known to inhabit Bottomland Hardwood Forest, Riverine
leaving the Site. Spot grading and removal of historic crowns and lateral
ACP ROW easement. Added microtopography, pools, and woody debris.
Plantings: Planted 9 different species of native hardwoods at a density
soils and provide the environment necessary to support
based on adjacent species found on -site and species selected
Swamp Forest.
Re -Establishment *
(former temporary ACP easement)
1.1 ac.
2:1
0.55 riparian
Earthwork: Filled ditches 2 and 3, and the rim ditch with a combination of channel fill and clay channel blocks.
Spot grading and removal of historic crowns and lateral drainage features within fields.
based on adjacent species found on -site and species selected known to inhabit Bottomland Hardwood Forest and Riverine
Plantings: Planted 9 different species of native hardwoods at a density
of 680 stems / acre with species selection
Swamp Forest.
Enhancement Area 1
Non -riparian
14.3 ac.
3:1
4.77 non -riparian
Plantings: 20-ft wide lanes were cut through successional pine/red maple
thickets using hand-held brush cutter
species selected known to inhabit Bottomland
machines. Planting lanes were sprayed with glyosphate. Planted
Hardwood Forest and Riverine Swamp Forest.
9 different species of native hardwoods at a density of 680 stems
/ acre with species selection based on adjacent species found on -site and
Enhancement Area 2
5.1 ac.
3:1
1.70 riparian
Riparian
Earthwork: Filled ditch 3 with a combination of channel fill and clay channel blocks. Spot grading and removal
of historic spoil alongside ditch to reduce surface runoff and
machines. Planting lanes were sprayed with glyosphate. Planted
Bottomland Hardwood Forest and Riverine Swamp Forest.
woody vines were flagged and removed using a small hydro
existing trees and enhance survival rates, bringing the planting
add surface water detention to support historic hydrologic regime
9 different species of native hardwoods at a density of 680
-axe mulching machine and sprayed with glyosphate. Larger, more
densities back up to approximately 460 trees / acre.
and reforestation of wetland vegetation.
Plantings: 20-ft wide lanes were cut through successional pine/red maple
thickets using hand-held brush cutter
and species selected known to inhabit
maples, sweet gums, loblolly pine, and
chosen to plant to counteract shading of
stems / acre with species selection based on adjacent species found on -site
Supplemental Planting: Areas of undesirable vegetation, including red
mature legacy trees in the 1-gallon and 4-ft premium bare root size were
Preservation
Non -Riparian
22.8 ac.
5:1
4.56 non -riparian
Establish perpetual conservation easement to preserve 60 plus year old
Bottomland Hardwood and Non-Riverine Swamp Forest Communities.
Upland
5.9 ac.
-
-
Plantings: Planted several species of native hardwoods at a density of
680 stems / acre with species selection based on adjacent species found on -site and species selected known to inhabit Mixed Hardwood Forest along upland terrace.
wetland areas where applicable.
Establish perpetual conservation easement to add upland buffer to adjacent
Riparian
28.2 ac.
24.25 riparian WMUs
Non -Riparian
37.1 ac.
9.33 non -riparian WMUs
TOTAL
71.2 acres
-
33.58 WMUs
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5.4 Summary of Monitoring Results and Site Performance
Monitoring activities have followed the guidelines presented in USACE Wilmington District October
2016 Guidance documents and the North Carolina Ecosystem Enhancement Program (NCEEP)
Monitoring Requirements and Performance Standards for Stream and/or Wetland Mitigation
(November 2011) and were tailored to the Site. Monitoring for MY 1-MY4 has been conducted every
year since construction baseline, starting in Fall 2018.
A summary of the hydrology data from MY1-MY4 is included in Section 5.4.1, below. The MY-4
monitoring report can be found in Appendix B. Vegetation was not to be monitored at MY-4 per the
original mitigation plan.
A summary of the most recent vegetation monitoring data is included in Section 5.4.2, below, which
includes results from the MY-3 monitoring report, along with supplemental vegetation plot analysis
within the Enhancement Areas. The supplemental vegetative analysis within the Enhancement Areas
was conducted in the Spring of 2021, per discussions during the IRT Site, in December 2020. The
full May 2021 report with the MY-3 results and supplemental vegetation analysis can be found in
Appendix B. A summary of the hydrology data from MY1-MY4 is included in Section 5.4.1, below.
The MY-4 monitoring report can be found in Appendix B. Vegetation was not to be monitored at
MY-4 per the original mitigation plan.
5.4.1 Wetland Hydrology Monitoring & Performance
Onset HOBO U20-001-01 Water Level Loggers were deployed on March 10, 2018, at eight
monitoring well locations throughout the proposed re-establishment portion of the Site and included
an additional barometric logger for on -site barometric compensation data. Care was taken to install
the monitoring wells in accordance with the "Technical Standard for Water Table Monitoring of
Potential Wetland Sites" (ERDC TN-WRAP-05-2, June 2005) documentWetland hydrology success
will be measured by improvements to the frequency and duration of saturated soils compared to the
reference wetlands. Wetland hydrology will be measured daily using installed groundwater data
oggers. The data loggers sampled groundwater elevations beneath the soil surface at least once per
day throughout the monitoring period.
The Site contains Leaf soil series which according to the Wetland Saturation Threshold has a
saturation/hydroperiod threshold of 10% to 12% of the growing season within 12 inches below the
soil surface. According to the U.S. Department of Agriculture — Soil Conservation Service Soil
Survey of Johnston County, NC there are 232 days per year starting from March 21 through
November 8 that are greater than 28 degrees Farenheight. Therefore, successful wetland hydrology
is defined as saturation of soils within 12 inches of the soil surface for a period equal to or greater
than 24 consecutive days (10% of the growing season) within the growing season. The Site has been
historically extensively managed for agricultural production. Therefore, for the first two years of
monitoring, successful wetland hydrology was defined as saturation of soils within 12 inches of the
soil surface for a period equal to or greater than 19 consecutive days, or 8%, within the growing
season. For year 3 through 7, successful wetland hydrology is defined as saturation of soils within 12
inches of the soil surface for a period equal to or greater than 24 consecutive days within the growing
season.
The restored wetland groundwater data was downloaded and assessed as part of the Year 4
monitoring. All the groundwater monitoring locations indicate that the wetland hydrology is meeting
the minimum success criteria for the site. Withing the MY-4 Monitoring Report located in Appendix
B, the downloaded groundwater data is shown graphically against local precipitation data for
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monitoring locations shown in the Monitoring Report. A summary table of the wetland restoration
groundwater wells for MY-1 through MY-4 can be found in Monitoring Reports located in
(Appendix B, MY-4 Report- Sec. 6.2).
5.4.2 Vegetation Monitoring & Performance
The primary focus of the vegetative monitoring was on the tree stratum, although shrub and
herbaceous species encountered were recorded. All woody stems, including planted and
volunteer species, are recorded for each fixed and random plot in each monitoring year. Exotic
and invasive species are also recorded; however, they will not count toward success or
performance standards. Vegetation planting success criteria is based on the survival of a
minimum density of 320 trees per acre after three (3) years of monitoring. After five (5) years of
monitoring, the density should be no less than 260 planted trees per acre. After seven (7) years of
monitoring, the density should be no less than 210 trees per acre. In addition, trees must average
10 feet in height in each plot at year seven (7). Vegetation plots are to be sampled and reported in
years 1, 2, 3, 5, and 7.
A combination of eight (7) permanent fixed vegetation monitoring plots and one (1) random
vegetation monitoring plots are used to demonstrate vegetation coverage. Seven (7) of the plots
are fixed plots randomly placed throughout the Project, and one (1) of the vegetation monitoring
plots is randomly located each monitoring year. The one (1) random plot may be a different plot
type (e.g., circular, transect, etc.), but should be the same size as the fixed plots. Monitoring of
the eight (8) permanent vegetation plots was not completed in Year 4 monitoring activities. The
following includes results from the MY-3 monitoring report, along with supplemental vegetation
plot analysis within the Enhancement Areas 1 and 2.
Monitoring Year 3 field activities were conducted on November 2020. Monitoring
methodologies followed the vegetation monitoring requirements specified in the USACE
Wilmington District Stream and Wetland Compensatory Mitigation Update released on October
24, 2016. All seven (7) permanent fixed vegetation monitoring plots installed by McAdams were
located during Monitoring Year 3 (Fig. 8 & Appendix B). Plant species, density, survival rates
and the cause of mortality, if identifiable, were recorded for each vegetation monitoring plot. In
Monitoring Year 3, vegetation monitoring plots 1 through 8 encompassed 0.61 acres and
contained 385 planted stems, which yielded a density of 631 planted stems per acre. The planted
stem density in the vegetation monitoring plots ranged from 200 to 1,800 stems per acre. All
plots except plot 7 met the interim vegetation monitoring criteria of 320 stems per acre after
three years of monitoring (MY-3).
A supplemental vegetative analysis within the Enhancement Areas 1 and 2 was conducted in the
Spring of 2021, per discussions during the IRT Site, in December 2020. Six (6) supplemental
vegetation plots were sampled within the Enhancement Areas 1 and 2 on April 21, 2021. The
supplemental plots were each approximately 100 square meters in size and were randomly
located throughout the Enhancement area. Planted stems were identified and measured within
each supplemental plot to gain a better understanding of planted stem survival rates within the
Enhancement area. Summaries of the Year 3 vegetation monitoring data and results, vegetation
monitoring plot data sheets are provided in MY-3 report. Each vegetation monitoring plot data
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sheet provides the height, location and age based on year planted or first observed of each woody
stem within the plot (Appendix B, MY-3 Report- Sec. 6.3).
Plot 7 failed to meet the interim success criteria in all three years of monitoring. It has been
noted in previous years that possible factors contributing to the low stem counts in Plot 7 are that
many of the existing tree species in this plot are not on the approved planting list and thus they
cannot be counted toward success, and that the young, planted stems may have been obscured by
the taller existing vegetation, making them difficult to find or preventing their survival. The six
supplemental plots (Plots 9 through 14) were randomly distributed throughout the Enhancement
area on April 21, 2021 to determine whether the low stem counts observed in Plot 7 in
monitoring years 1 through 3 is a localized survival issue centered around Plot 7 or whether it is
a more widespread phenomenon throughout the Enhancement area.
Two of the supplemental plots, plot 9, at 283 stems per acre and plot 14 at 121 stems per acre
did not meet the interim target density of 320 trees per acre after three years of monitoring. Of
the remaining four plots, Plots 12 and 13 met the interim target density with 364 and 324 stems
per acre, respectively. Plots 10 and 11 met the interim target density with 405 and 486 stems per
acre, respectively. Supplemental planting was recommended within the Enhancement Area with
low and underperforming stem densities, to ensure that the Enhancement area would meet the
final target stem density after seven years of monitoring. The full May 2021 report with the MY-
3 results and supplemental vegetation analysis can be found in Appendix B.
Supplemental planting was conducted within Enhancement Area 2 as discussed in Section 5.6,
below. Supplemental planting was not conducted within Enhancement Area 1, and it is proposed
to be alter the mitigation approach from wetland enhancement to wetland preservation at a
reduced ratio of 15:1, as discussed in Section 6.3.5, below.
5.4.3 Supplemental Vegetative Analysis in Open Water Area
There is an area of open water upstream of the ditch 2 spillway, with a combination of a
predominant herbaceous vegetation with some planted trees species. A supplemental vegetative
analysis, within the open water area was requested by the IRT during the December 2020 site
visit. If the herbaceous layer was deemed diverse and robust, then supplemental planting may not
be required. 16 herbaceous species and seven tree species were observed within the limits of the
open water area (Appendix B). Due to the diversity and vigor of the herbaceous and tree species
within the open water area, supplemental planting is not recommended in this area.
5.5 Supplemental Planting w/in Enhancement Area 2
Per the results of the supplemental vegetative analysis, within the underperforming vegetative
areas, mostly on the northern side of Enhancement Area 2, a remedial effort was made in
February/March 2022 to thin undesirable successional plant species and supplemental plant
Enhancement Area 2. It was determined that the soils were suitable for planting, and that the
mortality rates of the originally planted stems were due to a lack of sun light from overcrowding
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of successional, undesirable plant species. Areas of undesirable vegetation, including red maples,
sweet gums, loblolly pine, and woody vines were flagged and removed using a small hydro -axe
mulching machine and sprayed with glyosphate (Fig. 8).
A planting list was developed for the area to closely match the original planted species and target
community types of bottomland hardwood and riverine swamp forest (Table 4). The seven
hardwood species selected for planting exist within Enhancement Area 2, along with two other
previously planted species, and one volunteer hardwood species, bringing the total to 10 different
native hardwood species identified within Enhancement Area 2. The planting list also reflects
which species are readily available, with a combination of hydrophytic and drier species based
on the target community types. Larger, more mature legacy trees in the 1-gallon and 4-ft
premium bare root size were chosen to plant to counteract shading of existing trees and enhance
survival rates.
Table 4 depicts the total number of stems and species distribution within each vegetation
association.
Table 4. Completed Sunnlemental Plantings w/in Enhancement Area 1
Vegetation Association
Wetland
Indicator
Status
Riverine Swamp
Forest
(Zone 1)
120 trees/ac.
Bottomland
Hardwood Forest
(Zone 2)
181 trees/ac.
TOTAL
Area (acres)
0.91ac
2.35 ac.
3.26 ac.
1-Gallon Potted Tree Species
#
planted*
% of
total
#
planted**
% of
total
# planted
Cherrybark Oak (Quercus pagoda)
FACW
30
22%
16
4%
26
Bald cypress (Taxodium distichum)
OBL
25
19%
25
6%
50
Willow Oak (Quercus phellos)
FACW
55
40%
125
29%
200
Eastern Red Cedar (Juniperus virginiana)*
FACU
20
5%
20
Black Gum (Nyssa sylvatica)
FACW
16
4%
16
4-ft Premium Bare Root Species
River Birch (Betula nigra)
FACW
25
19%
100
23%
125
Water oak (Quercus nigra)
FAC
--
125
29%
125
TOTAL
135
100%
427
100%
562
* Planted adjacent to upland boundary.
**Planted at a density of 148 trees/acre.
*** Planted at a density of 181 trees/acre.
Planting densities were determined using the plot 6 and plot 9 tree sampling densities. Plot 6,
located within zone 1, had a sampling density of 340 trees/acre and was planted in March 2022,
at a density of 148 trees/acre to bring the interim tree density up to approximately 488 trees/acre
within zone 1. Plot 9, located in zone 2, had a sampling density of 283 trees/acre and was planted
in March 2022, at a density of 181 trees/acre to bring the interim tree density up to
approximately 464 trees/acre within zone 2 (Table 5, below).
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Table 5. Target Sunnlemental Planting Densi
Planting Zone/
Sample Plot #
Sampled
Trees/Acre
(April 2021)
Planted
Trees/Acre
(March 2022)
Combined
Target Density
Trees /Acre
Zone 1-Plot 6
340/ac.
148/ac
Zone 1 = 464/ac.
Zone 2- Plot 9
283/ac.
181/ac.
Zone 2 = 488a/ac.
After installation, the plantings were verified, and an additional vegetation monitoring plot was
installed on the northern side of Enhancement Area 2, to monitor the recently planted tree
species and performance metrics, and discussed in Section 8.2.1 below.
6.0 Mitigation Work Plan for Lowlands Bank Site
The following discusses the abbreviated mitigation work plan for the Lowlands Mitigation Bank
Site, including integration of the former ACP ROW, additional plantings within the ACP ROW,
and supplemental planting proposed within the enhancement area. All earthwork for the
Lowlands Bank Site was completed with the original 2018 construction period.
6.1 Restoration Project Goals & Objectives for Lowlands Bank Site
The same original project goals and related objectives are proposed for the Lowlands Mitigation
Bank described below. Project goals are desired project outcomes and are verifiable through
visual assessment and/or measurement. Objectives are activities that will result in the
accomplishment of goals. The project has been be monitored after construction to demonstrate
success.
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Ultimately, the wetland mitigation project will improve the overall function, habitat, and
integrity of the degraded and drained wetlands, while preserving existing higher quality
wetlands, with primary goals to:
1. Restore the primary wetland functions and values appropriate for this section of the
Neuse River Lowlands.
Objective: Re-establishment and conversion of the existing agricultural fields exhibiting
hydric soil characteristics to a bottomland hardwood wetland.
2. Improve sediment retention and capacity for nutrient removal to offset historic
agricultural practices.
Objective: Filling discharge ditches, traditionally used in nutrient -enriched row crop
production. Planting with native bottomland hardwood species to prevent sediment loss
and provide for nutrient uptake.
3. Restoration of the attendant hydrologic and biologic functions of a bottomland hardwood
forest.
Objective: Restoration of appropriate bottomland hardwood wetland hydrology through
filling of site ditches and restoring connectivity with adjacent surface. Improve surface
water storage by integrating temporary pools.
4. Restore and Enhance native bottomland hardwood forest.
Objective: Plant native tree and understory species, including Bald Cypress, within re-
establishment and enhancement portions of the Site.
5. Permanently protect existing higher quality bottomland hardwood forest, in addition to
the remainder of the project area.
Objective: Establish a perpetual conversation easement over the Site.
6.2 Proposed Wetland Mitigation Units
The Lowlands Wetland Mitigation Site is approximately 75.35 acres, of which 69.16 acres
include some form of wetland re-establishment, enhancement, or preservation with the remaining
6.19-acres of uplands to be included within the overall conservation easement as an upland
buffer. The Lowlands Bank Site, will add the 3.53 acres of former ACP ROW to the existing
Lowlands Site, so there are no breaks within the conservation easement. Within the former 3.53
acre ACP ROW, 0.86 -acre is within the wetland re-establishment area, 1.62 acres within
Enhancement Area 1, 0.76 acre within the preservation area, and 0.29-acre within the non-credit
upland area. Table 6, below, provides a breakdown of proposed wetland mitigation units for the
Site:
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Table 6. Proposed Wetland Mitigation Units for Lowlands Bank Site
L Project Location
Existing
Acreage
Former
ACP
ROW Ac.
Combined
Acreage
Mitigation
Approach
Mitigation
Ratio
Mitigation
Credits
Wetland
Type
Agricultural Field
(Re-establishment Area)
22.0
1.96*
23.96
Re-establishment
1:1
23.96
Riparian
Preservation Area
22.8
0.76
23.56
Preservation
7.5:1
3.14
Non
Riparian
Enhancement Area 1**
14.3
1.62
15.92
Preservation
15:1
1.06
Non
riparian
Enhancement Area 2
5.1
-
Enhancement
2:1
2.55
Riparian
Uplands
5.9
0.29
6.19
Upland buffer
Non -Credit Area
Total Riparian
26.51 WMUs
Total CE Acreage
75.35 acres
Total Non -Riparian
4.20 WMUs
* Includes former 1.1-acre of temporary ACP construction easement. Will require planting and monitoring
devices installed.
* * Proposed to be converted from original enhancement mitigation approach to preservation at a reduced ratio.
6.3 Wetland Mitigation Approach & Integration of Former ACP ROW
As discussed, a majority of the Lowlands Site, 71.82 acres of the proposed 75.35 Bank Site is
currently under the protections of a conservation easement and previously constructed as a
wetland mitigation site. The Lowlands Bank Site, will add the 3.53 acres of former ACP ROW to
the existing Lowlands Site, so there are no breaks within the conservation easement. Within the
former 3.53 acre ACP ROW, 0.86 -acre is within the wetland re-establishment area, 1.62 acres
within Enhancement Area 1, 0.76 acre within the preservation area, and 0.29-acre within the
non-credit upland area (Fig.7).
6.3.1 Re -Establishment Area
The restored wetland groundwater data was downloaded and assessed as part of the most
recent Year 4 monitoring, in December 2021. All the groundwater monitoring locations
indicate that the wetland hydrology is meeting the minimum success criteria and all five
vegetation monitoring plots within the re-establishment area have met interim success criteria,
within the re-establishment area.
6.3.2 Re -Establishment Area of ACP ROW
All earthwork within the former ACP ROW, including the 0.86-acre within the re-
establishment area was completed during the original 2018 construction period, however the
ACP ROW was not planted due to pending construction of the ACP. While there are some
acceptable volunteer species within the former ACP ROW, fully revegetating these wetland
areas will enhance soil stability, give shade, reduce surface temperatures, filter pollutants
from adjacent runoff, and provide habitat for area wildlife. Upon completion of the planting
activities listed below, Section 6.3.3, performance standards for hydrology and vegetative
monitoring will be integrated, in order to seek a 1:1 wetland re-establishment credit ratio in
the former 0.86-acre ACP ROW area, as described in Section 8.0, below.
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With the improvements to existing hydrology and soil conditions, the design anticipates that
the restoration sites will be populated with species from adjacent communities. The
restoration site will be maintained to keep nuisance species to less than 15% and invasive
species to less than 10% of the total population.
6.3.3 Planting Plan — former ACP ROW
The following is a description of the planting plan for the former ACP ROW within the re-
establishment, upland, and adjacent area, totaling approximately 2.19-acres (Figure 7,8). Soil
amendments will be required as topsoil was not reapplied to the ACP ROW during original
construction, due to the pending ACP pipeline installation, which never took place. It is
proposed to add decomposing mulch within and adjacent to the ACP ROW area, to add
organics, enhance soil properties, and growing conditions for the planted stems. Placement of
woody debris and disking of the soil is also proposed in order to create a heterogeneous
wetland landscape.
Revegetating the ACP ROW within the re-establishment and upland area will require larger,
more mature legacy plantings, so that existing vegetation does not shade out the planted
stems, while also giving the planted stems better chance of survival with more robust root
systems. Variations in vegetative planting or planting zones, will occur based on topographic
locations and hydraulic conditions of the soil. Vegetative species composition will mimic
reference forest data, onsite observations, and community descriptions from Classification of
the Natural Communities of North Carolina (Schafale and Weakley 1990). Community
associations to be utilized include Bottomland Hardwood Forest and Riverine Swamp Forest.
The species list within the planting zones have been developed per the considerations listed
above and will mimic the previously planted species on -site, dependent upon availability
(Table 7).
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Table 7. Proposed Plantings w/in former ACP ROW
Vegetation Association
Wetland
Indicator
Status
Riverine Swamp
Forest
(Zone 1)
360 trees/ac.
Bottomland
Hardwood Forest
(Zone 2)
360 trees/ac.
TOTAL
Area (acres)
0.68ac
1.51 ac.
2.19 ac.
1-Gallon and/or 3-gallon Tree Species
#
planted*
% of
total
#
planted**
% of
total
# planted
Cherrybark Oak (Quercus pagoda)
FACW
40
17%
45
8%
85
Bald cypress (Taxodium distichum)
OBL
50
21%
25
5%
75
Willow Oak (Quercus phellos)
FACW
55
22%
125
22%
180
Swamp Chestnut Oak(Quercus michauxii)
FACW
30
5%
30
Black Gum (Nyssa sylvatica)
FACW
20
8%
25
5%
45
River Birch (Betula nigra)
FACW
30
12%
100
18%
130
Water oak (Quercus nigra)
FAC
30
12%
125
22%
155
Buttonbush (Cephalanthus occidentalis)
OBL
20
8%
25
5%
45
Species to be Planted w/in Upland Fringe
Eastern Red Cedar (Juniperus virginiana)*
FACU
25
5%
25
American Holly (Ilex opaca)
FACU
25
5%
25
TOTAL
245
100%
550
100%
795
It is proposed to plant larger, 1-gallon and 3-gallon potted plants within this area, so that
existing vegetation does not shade out the planted stems, while also giving the planted stems
better chance of survival with more robust root systems which will increase survival of the
planted stems. Because of the size of the proposed planted stems, and reasons listed above,
they will planted at a density of approximately 360 stems per acre on 11-foot centers.
Temporary and permanent seed will be applied simultaneously to the disturbed areas.
Temporary seed will provide cover until the permanent seed applied becomes established.
Temporary cover will consist of millet (Echinochloa crusgalli), rye grain (Secale cereale),
and crimson clover (Trifolium incarnatum). Permanent ground cover will consist of
switchgrass (Panicum virgatum), deertongue (Panicum clandestinman), little bluestem
(Schizachyrium scoparium), and gama grass (Tripsacum dactyloides).
6.3.4 Preservation Area
Within the 60-year plus old forested stand to the south of the agricultural field proposed for
re-establishment is an area of higher quality jurisdictional old growth bottomland/non-riverine
hardwood flat forest with deep hydric soils, consisting of willow oak (Quercus phellos),
swamp chestnut oak (Quercus michauxii), American holly (Ilex opaca), and black gum
(Nyssa biflora) that dominate the canopy. There are also pockets of older loblolly pine (Pinus
taeda), 60-70 years old, that are suitable for red -cockaded woodpecker habitat. This 22.8-acre
jurisdictional wetland area has been deemed suitable as a preservation area, since this is an
increasingly rare and important bottomland hardwood habitat still remaining within this
farming region with predominantly monoculture pine plantations. The proposed preservation
area is also not subject to the Neuse Buffer Rules or any encumbrance and could be logged
anytime in the future. The herbaceous and vine layers are not dense and very open for this
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type of plant community, which can be correlated to the older, mature canopy within this area
of the Site.
0.76-acre of the former ACP ROW will be added to the original 22.8-acre preservation area,
for a total of 23.56-acres within the preservation area. While the original approved mitigation
ratio for the preservation area was 5:1, the IRT during our site visit, noted a lack of various
strata and diversity in some areas which warrant a ratio of 7.5:1 moving forward. A 7.5:1
mitigation ratio, yields 3.14 non -riparian WMUs.
6.3.5 Enhancement Aeas 1
Per the 2021, vegetation analysis, there were areas noted within Enhancement Area 1, that did
not meet interim success criteria, and would require supplemental planting. However, it was
chosen not to supplemental plant Enhancement Area 1, due to logistical constraints of access
to Enhancement Area 1, while focusing on success for of the remainder of the Site. While
Enhancement Area 1 does not merit the current mitigation ratio, it will remain within the
bounds of the Conservation Easement and preserved in perpetuity, along with the remainder
of the Lowlands Site.
Enhancement Area 1 is proposed to be converted to a preservation area, at a reduced ratio of
15:1, per the following reasons: While 2 of the 5 vegetation plots did not meet the interim
success criteria, the stems per acre within the sample plots ranged from 121 stems per acre to
486 per acre, and contained 10 different planted species within the plots. While the wetland
system within Enhancement Area 1 does not contain mature hardwoods, it is a Non-Riverine
Swamp Forest wetland with small micro-depressional pools that provide hydrological and
biological functions to this area. 1.62 acres of the former ACP ROW will be added to the
14.3 acres within Enhancement Area 1, for a total of 15.92 acres at a 15:1 ratio would yield
1.06 non -riparian WMUs. This area will remain named Enhancement Area 1 for the purposes
of project continuity.
6.3.6 Enhancement Area 2
Per the discussion above in Section 5.6, remedial planting effort was made in February/March
2022 to thin undesirable successional plant species and supplemental plant Enhancement Area
2. Areas of undesirable vegetation, including red maples, sweet gums, loblolly pine, and
woody vines were flagged and removed using a small hydro -axe mulching machine and
sprayed with glyosphate. Larger, more mature legacy trees in the 1-gallon and 4-ft premium
bare root size were chosen to plant to counteract shading of existing trees and enhance
survival rates. The supplemental planting brought the planted stem density within
Enhancement Area 2 to approximately 470 stems per acre. After installation, the plantings
were verified, and an additional vegetation monitoring plot was installed on the northern side
of Enhancement Area 2, to monitor the recently planted tree species and performance metrics,
and discussed in section x below. The overall supplemental planting within Enhancement
Area 2 was less than 50%, however, an additional year of vegetative monitoring can be added
to Enhancement Area 2, if it is the desire of the IRT.
Enhancement Area 2 was never bisected nor impacted by the former ACP ROW, hence the
original acreage within Enhancement Area 2 will remain the same. There is no additional
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acreage from the former ACP ROW to add, as it did not bisect or impact the original 5.1 acre
- Enhancement Area 2. The current mitigation ratio for Enhancement Area 2 is 3:1. It is
proposed to modify the mitigation ratio to 2:1 within Enhancement Area 2 based on the IRT
site visit and remedial measures taken to improve success within Enhancement Area 2,
yielding 2.55 riparian WMUs.
6.3.7 Upland/Non-Credit Area
The upland areas within the interior of the Site, include pockets of old mature loblolly pine
(Pinus taeda) 60-70 years old, that are suitable for red -cockaded woodpecker habitat. There
are also mature 60 plus year old willow (Quercus phellos) and water oak (Quercus nigra)
within the mixed hardwood. 0.29-acre of the former ACP ROW will be added to the existing
5.9-acre upland area, totaling 6.19 acres of upland non-credit area within the conservation
easement. which provides an upland buffer and functional uplift to adjacent wetland habitat
types. The upland fringe adjacent to the re-establishment area will be planted with Eastern
Red Cedar (Juniperus virginiana) and American holly (Ilex opaca).
7.0 WETLAND CREDIT RELEASE SCHEDULE
The Site's stream credit release schedule is presented below in Table 8. Due to the unusual
nature of the Site and associated lag time of the transition from the Lowlands PRM Site to the
proposed Lowlands Bank Site, monitoring of wetland hydrology and vegetation will resume
for the 2023 growing season, which will become Monitoring Year-4, followed by MY-5 in
2024, MY-6 in 2025, and MY-7 in 2026. The credit release schedule is based upon
satisfactory completion of Site milestones.
In coordination with the IRT, upon approval of the UMBI, it is proposed to allow for the
credit release equivalent to Monitoring Year-3 (credit release milestone 5) for the Site.
Subsequent credit releases will follow a traditional mitigation banking release schedule per
Table 8, below:
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Table 8. Proposed Wetland Credit Release Schedule
Milestones
Tasks
Mitigation
Bank
Release
(%)
Riparian
Credits
Non
Riparian
Credits
Completion
/Anticipated
Release Date
1)Approval of the final Mitigation Plan;
2)Mitigation Site secured;
1) Original Site
3)Delivery of the financial assurances;
4)Long-term protection mechanism and title
15%
-
-
-
Establishment
opinion accepted by the USACE
(15%)
5)Issuance of the 404 permit.
2) Mitigation Plan
1) Completion of earthwork, if required;
2) Completion of riparian plantings;
15%
-
-
-
Implementation
3) Approval of As -Built Survey by the Corps.
(30%)
3) Year 1
1) Interim Performance Standards met;
2) Approval of Monitoring Report
10%
-
-
-
Monitoring
by the Corps.
(40%)
4) Year 2
1) Interim Performance Standards met;
2) Approval of Monitoring Report by the
10%
-
-
-
Monitoring
Corps.
(50%)
1) Execution of UMBI
5) Year 3 *
Monitoring
2) Approval of Amended Mit. Plan
3) Approval of most recent
Monitoring Report by the Corps.
15%
o
(65 /o)
17.23*
2.73*
Dec-22
1) Visual Assessment;
6) Year 4
2) Interim Performance Standards met;
Monitoring
3) Approval of Monitoring Report
5 °o%
1.33
0.21
April-23
by the Corps.
(70 /o)
(18.56)
(2.94)
7) Year 5
1) Interim Performance Standards met;
2) Approval of Monitoring Report
15%
3.97
0.63
April-24
Monitoring
by the Corps.
(85%)
(22.53)
(3.57)
1) Visual Assessment;
8)Year 6
2) Interim Performance Standards met;
Monitoring
3) Approval of Monitoring Report
by the Corps.
5%
(90%)
1.33
23.86
0.21
(3.78)
April-25
9)Year 7
1) Final Performance Standards met;
2) Approval of Monitoring Report
10%
2.65
0.42
April-26
Monitoring
by the Corps
(100%)
26.51
(4.20)
Totals
100%
26.51
4.20
*Agreed to Credit Release upon approval of UMBI and Mitigation Plan per discussions with IRT on 12/09/20
and 02/2022.
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8.0 Success Criteria & Monitoring Requirements
Monitoring activities have followed the guidelines presented in USACE Wilmington District
October 2016 Guidance documents and the North Carolina Ecosystem Enhancement Program
(NCEEP) Monitoring Requirements and Performance Standards for Stream and/or Wetland
Mitigation (November 2011) and were tailored to the Site. Monitoring has been conducted
every year since construction baseline, starting in Fall 2018. The success criteria determine if
the Site is meeting its prescribed goals and objectives. The following performance standards
and success criteria was used in previous monitoring periods and will be utilized for the
Lowlands Site going forward.
8.1 Wetland Hydrology Success Criteria
Wetland hydrology success criteria is measured by improvements to the frequency and
duration of saturated soils based on the USACE October 2016 Guidance Document. The Site
contains Leaf soil series which according to the Wetland Saturation Threshold has a
saturation/hydroperiod threshold of 10% to 12% of the growing season within 12 inches
below the soil surface. According to the U.S. Department of Agriculture — Soil Conservation
Service Soil Survey of Johnston County, NC there are 232 days per year starting from March
21 through November 8 that are greater than 28 degrees Farenheight. Therefore, successful
wetland hydrology is defined as saturation of soils within 12 inches of the soil surface for a
period equal to or greater than 24 consecutive days (10% of the growing season) within the
growing season. The Site has been historically extensively managed for agricultural
production. Therefore, for the first two years of monitoring, successful wetland hydrology
will be defined as saturation of soils within 12 inches of the soil surface for a period equal to
or greater than 19 consecutive days, or 8%, within the growing season. For year 3 through 7,
successful wetland hydrology is defined as saturation of soils within 12 inches of the soil
surface for a period equal to or greater than 24 consecutive days within the growing season.
8.1.1 Hydrology Monitoring Methodolgy
Wetland hydrology will be measured daily using installed groundwater data loggers. The data
loggers will sample groundwater elevations beneath the soil surface twice per day throughout
the monitoring period. The data loggers will be downloaded on a regular basis during the
growing season. Wetland hydrology has been measured daily using (8) installed groundwater
wells using Onset HOBO U20-001-01 Water Level Loggers data loggers and included an
additional barometric logger for on -site barometric compensation data (the location of which
can be seen on Figs. 7,8). Care was taken to install the monitoring wells in accordance with
the "Technical Standard for Water Table Monitoring of Potential Wetland Sites" (ERDC TN-
WRAP-05-2, June 2005) document. The data loggers sample groundwater elevations beneath
the soil surface at least once per day throughout the monitoring period.
An additional groundwater well and water level logger will be installed within the re-
establishment area of the former ACP ROW, with its data included with the next year
monitoring report. The same hydrologic success criteria, as discussed above, will be utilized
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within the re-establishment area of the former ACP ROW. Table 9 summarizes hydrologic
monitoring activity going forward with the Site:
Table 9. Proposed Wetland Hydrology Monitoring Summary
Parameter
Method
Schedule/Frequency
Number/Extent
Data Collected
Wetland
Restoration
Groundwater
gauges
Years 4, 5, 6, and 7
9 gauges spread
throughout restored
wetlands & 1 gauge in a
reference wetland*
groundwater and rain
data for each monitoring
period
8.2 Wetland Vegetation Success Criteria
The success criteria for planted vegetation is based on the USACE October 2016 performance
criteria. The primary focus of the vegetative monitoring is on the tree stratum, although shrub
and herbaceous species encountered may also be recorded. Vegetation planting success
criteria will be based on the survival of a minimum density of 320 planted trees per acre after
three (3) years of monitoring. After five (5) years of monitoring, the density should be no less
than 260 planted trees per acre. After seven (7) years of monitoring, the density should be no
less than 210 planted trees per acre. In addition, planted vegetation must average 10 feet in
height in each plot at year seven (7). Vegetation plots will be sampled and reported in years 1,
2, 3, 5, and 7.
8.2.1 Vegetation Monitoring Methodolgy
A combination of eight (7) permanent fixed vegetation monitoring plots and one (1) random
vegetation monitoring plot each year, were installed within the Site per guidelines established
in CVS-EEP Protocol for Recording Vegetation, Version 4.2 (Lee et al. 2008). In each sample
plot, vegetation parameters to be monitored include species composition and species density.
Visual observations of the percent cover of shrub and herbaceous species have also been
documented by photograph.
Vegetation Plot 7, within Enhancement Area 1 will be removed from monitoring, as it is
proposed to be converted to a preservation only mitigation approach. Two additional
vegetation monitoring plot will be added to the Site, with to be installed within the re-
establishment area of the former ACP ROW, and another plot to be installed within north side
Enhancement Area 2. Each of the additional plot size will be 10 x 10 meters. The data
collected from these additional vegetation plots will be included with the next year monitoring
report, with the same vegetative success criteria, as discussed above. Table 10 summarize
vegetative monitoring activities for the Site going forward:
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Table 10. Proposed Vegetative Monitoring Summar
Parameter
Method
Schedule/Frequency
Number/Extent
Data Collected
Vegetation
establishment and
vigor
Permanent veg plots
0.02 acre in size; CVS-
EEP Protocol, Version 4.2
Years 4,5, 6, and 7
8 plots spread
across the Site
Species, height, planted
vs. volunteer
Stems/acre
Permanent veg plots
0.02 acre in size; CVS-
EEP Protocol, Version
Years 4, 5, 6, and 7
1 plot randomly
selected each year
Species and height
8.3 Schedule / Reporting
Site construction was completed in March 2018, with a full growing season and the
Monitoring Year-1 report submitted in December 2018 and MY-2 submitted 2019. The initial
monitoring field and report for MY-3 was completed in 2020. A supplemental vegetative
analysis within the Enhancement Areas was conducted in the Spring of 2021, per discussions
during the IRT Site, in December 2020. MY-4 wetland hydrology monitoring was conducted
for the 2021 growing season. Vegetation was not to be monitored at MY-4 per the original
mitigation plan. The full MY-3 Report, which includes the May 2021 supplemental vegetation
analysis, along with the MY-4 report can be found in Appendix B.
Going forward, wetland hydrology will be measured daily by the installed groundwater data
loggers and downloaded on a bimonthly basis during the growing season. Vegetation
monitoring will occur during the months of September through November. Annual
Monitoring Reports detailing the results of the hydrology and vegetation monitoring data,
photographs, and site observations will be prepared annually and submitted no later than
December 31 of each monitoring year.
Due to the unusual nature of the Site and associated lag time of the transition from the
Lowlands PRM Site to the proposed Lowlands Bank Site, monitoring of wetland hydrology
and vegetation will resume for the 2023 growing season, which will become Monitoring
Year-4, followed by MY-5 in 2024, MY-6 in 2025, and MY-7 in 2026, as depicted in Table
11, below. Given the additional area of the former ACP ROW added to the Site, and
subsequent monitoring of these areas, it will allow for two (2) additional years of monitoring
to the Site. A final Close Out Report will be made regarding the success of the Site following
the collection and evaluation of monitoring data, photographs, and site observations.
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Table 11. Prouosed Monitoring Schedule (going forwar
Resource
Year 1
2018*
Year 2
2019*
Year 3
2020*
Year 4
2023
Year 5
2024
Year 6
2025
Year 7
2026
Wetlands
X11111
X
V XMIRX
X
Vegetation
X
X
X
X
X
X
X
Visual Assessment
X
X
X
X
X
X
X
Report Submittal
X
X
X
X
X
*All Monitoring Activities Completed for Year.
9.0 Maintenance & Contingency Plan
The Sponsor shall monitor the Site on a regular basis and shall conduct a physical inspection a
minimum of once per year throughout the post -construction monitoring period until
performance standards are met. These inspections may identify components and features that
require routine maintenance. Routine maintenance should be expected most often in the first
two years following construction and are summarized as follows.
9.1 Wetland Hydrology Contingency
Hydrological contingency will require consultation with hydrologists and regulatory agencies if
wetland hydrology target criteria are not achieved. The Site was initially ripped and woody
debris added to the depressional areas and adjacent wetlands for habitat, help store sediment, and
increase water storage/infiltration. Approved contingency measures to increase wetland
hydrologic amplitude or duration will be coordinated with the IRT and implemented and
monitored until Hydrology Success Criteria are achieved. Future and potential ditch creation
along the conservation easement boundary could present a risk of draining restored wetlands.
If a ditch is created by a future owner, CMS will evaluate its affect on adjacent wetland
hydrology within the conservation easement boundary and adjust wetland credits, if warranted.
9.2 Vegetation Contingency
If vegetative success criteria are not achieved (i.e stunted growth, beavers, encroachment,
nutrient availability), supplemental planting may be performed with tree species approved by the
IRT. Supplemental planting and/or soil amendments will be performed as needed until
achievement of vegetation success criteria. Refer to Section 10 for specific adaptive management
in regards to the recruitment of early successional species such as red maple, sweet gum, and
loblolly pine.
9.3 Nuisance Species Management
Invasive plant species will be observed and controlled mechanically and/or chemically, as part of this
project. Inspections for beaver and other potential nuisance species will occur throughout the course
of the monitoring period. Appropriate actions may be taken to ameliorate any negative impacts
regarding vegetation development and/or water management on an as -needed basis.
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9.4 Fencing & Easement Boundary Marking
The easement boundary was marked after construction in March 2018, with standard
conservation easement signs fastened to fence post, utilizing NCDMS Boundary Marking
Standards as a guide, to deter prohibited activities and compromising vegetation.
Conservation easement signs and post have been inspected and repaired periodically since
installation. Additional boundary signs will be installed using the North Carolina Wildlife
Habitat Foundation (NCWHF, long-term steward) conservation easement signs.
10.0 Adaptive Management Plan
In the event the Site or a specific component of the Site fails to achieve the necessary
performance standards as specified in the mitigation plan, the provider shall notify the members
of the IRT and work with the IRT to develop contingency plans and remedial actions. Problems
will be identified during Site monitoring and specified in the subsequent annual monitoring
reports. Over the course of the 7-year monitoring period, the recruitment of early successional
species such as red maple, sweet gum, and loblolly pine will be monitored. No single volunteer
species of red maple, loblolly pine, and sweet gum will comprise more than 50% of the total
composition at Year 4. If this occurs, remedial action, as approved by the IRT may be
required. During Year 6, no single volunteer species, comprising over 50% of the total
composition, may be more than twice the height of the planted trees. If this occurs, remedial
action, as approved by the IRT, may be required. The need to conduct additional volunteer
sampling after Year 6 will be determined by the IRT. Remedial action will include spot
herbicide treatment (as needed) and in extreme situations will involve hand removal of
undesirable species by thinning crews.
11.0 Financial Assurances
Prior to the first credit release, and over the operational life of the Site, the Sponsor shall
provide financial assurances sufficient to assure completion of all required reporting and
monitoring, and any remedial work required pursuant to the Bank UMBI. Since the Lowlands
Site has been constructed and is going into Year-4, a project "Implementation Assurance" is
not proposed, however, maintenance and monitoring will be provided (herein after referred to
as "Maintenance and Monitoring Assurance"), which effectively replaces or reduces the value
of the Implementation Assurance. The Maintenance and Monitoring Assurance will be
provided in the form of an Insurance Policy, as detailed below.
11.1 Maintenance and Monitoring Assurance
The Maintenance and Monitoring assurance shall consist of an executed insurance policy in a
form substantially similar to the draft provided in Appendix I underwritten by a surety
company licensed to do business in North Carolina with a Best's current rating of not less
than "A-". The total value of such bond shall be Forty-two Thousand Seventy -Five Dollars &
no/100 ($42,075.00). An itemized list of annual monitoring and maintenance activities and
corresponding costs is provided in Appendix E.
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11.2 Other Financial Assurance Requirements
Financial assurances shall be payable to the Site's easement holder and financial assurance
obligee, the North Carolina Wildlife Habitat Foundation (NCWHF). In addition, financial
assurances shall contain a provision ensuring the District Engineer receives notification at least
120 days in advance of any termination or revocation.
12.0 Long Term Management Plan
Clearwater Mitigation Solutions (Clearwater) has signed option agreements with each of the
landowners to record the amended conservation easements on all land proposed as the Site
(Appendix F).The Site will be protected under the terms outlined in the Site's Conservation
Easement Deed (conservation easement). A draft Conservation Easement Deed is provided in
Appendix E. The conservation easement prohibits incompatible uses that might jeopardize the
objectives of the Site. Clearwater as Grantee of the conservation easement, will first acquire the
conservation easement and then assign the easement to the North Carolina Wildlife Habitat
Foundation ("NCWHF"). The NCWHF is a qualified third -party committed to land
conservation through conservation planning, management, and stewardship, and funded
through established conservation easement endowment funds. The NCWHF will be the
conservation easement holder and long-term manager of the Site. The NCWHF has provided
correspondence to Clearwater indicating their willingness to serve as Easement Holder, Long -
Term Steward and Insurance Policy (Obligee). NCWHF has requested, and the Sponsor has
agreed to provide, twenty five thousand ($25,000) dollars at the conservation easement
assignment to hold the Site's easements. Clearwater will assign NCWHF the conservation
easement prior to the credit release.
In addition to serving as the conservation easement holder, NCWHF will also be responsible
for long-term management of the Site per the requirements of the Bank UMBI and this Site
Mitigation Plan. As the Site has been designed to be self-sustaining, the Site's long-term
management activities will be limited to routine boundary inspections and, when necessary,
marking Site boundaries to ensure clear identification of conservation areas.
Per their responsibilities as the Site's easement holder, NCWHF will inspect boundaries
annually to monitor for encroachment. During these inspections, as the Site's long-term
manager, the condition of boundary markings (i.e., signs) will be noted and replaced as
needed. The Sponsor has agreed to provide to NCWHF five thousand ($5,000) dollars at the
conservation easement closing and another twenty thousand (20,000) upon successful closure
of the Site to fund the Site's long-term management.
For the purposes of calculating the amount required to fund long-term management (see
Appendix F), the following assumptions and inputs were used: 1) during the implementation
of this Site Mitigation Plan, fifty (50) signs will be installed and an additional fifty (50)
replacement signs will be purchased by the Sponsor; 2) these signs have a 50-year life;
however, complete replacement will occur every 20 years; 3) in today's US dollars, it costs
$400 to purchase 50 signs and requires four hours of labor ($600) to install 50 signs at the
Site; and 4) although NCWHF will use revenues generated from the $25,000 required for
easement holding (discussed above) to inspect boundaries, additional funds were included to
ensure completion of boundary inspections.
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13.0 References
Environmental Data Resources, EDR Radius Map Report with GeoCheck, May 17, 2017.
McAdams Company, Preliminary Jurisdictional Determination Request, SPEC-16320, May 3,
2017.
Meeting Minutes: Pre -Application Meeting: November 7, 2016 / On -site Meeting December 19,
2016.
Mitchell Environmental, P.A. Soil Profile Descriptions and Wetland Data Forms for the James
Rhodes Property, February 14, 2011.
Natural Resource Conservation Service (NRCS), Highly Erodible Land and Wetland
Conservation Determination, March 23, 1990.
NC Ecosystem Enhancement Program (NCEEP), Neuse River Basin Restoration Priorities, 2010.
NC Division of Land Resources (NCDLR), State Geologic Map, 1985.
NC Division of Water Resources (NCDWR), Neuse River Buffer Determination, NBRRO# 15-
334, August 26, 2015.
NC Division of Water Resources (NCDWR), Neuse River Basin Water Resources Plan, July
2010.
North Carolina Department of Environment and Natural Resources, Monitoring Requirements
and Performance Standards for Stream and/or Wetland Mitigation, November, 2011.
US Department of Agricultural Soil conservation Service, Soil Survey of Johnston County,
North Carolina, October, 1994.
North Carolina Natural Heritage Program Division of Parks and Recreation, Schafale, Michael
P., and Weakley, Alan S. Classification of the Natural Communities of North Carolina, Third
Approximation, 1990.
North Carolina Floodplain Mapping Program National Flood Insurance Program Flood Insurance
Rate Map, Map Number 3720168000J, Map Revised December 02, 2005.
North Carolina Department of Natural and Cultural Resources State Historic Preservation Office
(NCSHPO), The Lowlands Mitigation Bank, Johnston County, NC, July 1, 2016.
NC Wetland Functional Assessment Team, NC Wetland Assessment Method User Manual,
Version 5, February, 2016.
Triangle Land Conservancy, Conservation Assessment of the Neuse River Lowgrounds and Mill
Creek Watershed in Johnston County, July 30th, 2010.
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US Army Corps of Engineers, Preliminary Jurisdictional Determination, SAW-2015-01815,
October 23, 2016.
US Army Corps of Engineers, Monitoring Requirements and Performance Standards for
Compensatory Mitigation in North Carolina, North Carolina Interagency Review Team,
February 8, 2031.
US Army Corps of Engineers, Wilmington District Stream and Wetland Compensatory
Mitigation Update, North Carolina Interagency Review Team, October 24, 2016.
US Department of Interior Fish and Wildlife Service (USFWS), Wetland and Deepwater
Habitats of the United States, December, 1979.
US Department of Interior Fish and Wildlife Service (USFWS), The Lowlands Mitigation Bank
— Johnston County, NC, July 14, 2016.
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October 2022

Appendix A. Figures
Figure 1 USGS Quadrangle — Four Oaks, North Carolina
Figure 2 Johnston County NRCS Soil Survey Map (Sheet 11)
Figure 3 Original Wetland Delineation Exhibit
Figure 4 USGS 8-Digit HUC Map (Neuse 03020201)
Figure 5 Aerial: 14-Digit Aerial HUC Map
Figure 6 Site Drainage Area Map w/ Floodplain
Figure 7 Lowlands Site Concept Plan with Gauge & Veg. Plot Locations
Figure 8 Planting Zones w. Groundwater Gauge & Veg. Plot Monitoring Locations
Lowlands Wetland Mitigation Site — Mitigation Plan Appendices

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1. USGS; 7.5 MINUTE, QUAD, "FOUR OAKS", NORTH CAROLINA; 2013 NATIONAL GEOGRAPHIC SOCIETY
2. LAT: 35.419899 N, LONG: -78.348924 W
W
MITIGATION PLAN
FIGURE 1. USGS TOPOGRAPHIC VICINITY MAP
LOWLANDS MITIGATION SITE
JOHNSTON COUNTY, NORTH CAROLINA
0 1,000 2,000
Feet
1 inch = 2,000 feet
DATE: 10/4/2022
JOB NO: SPEC-16320
DRAWN BY: Jernigan
MCADAMS
CLEARWATERMITIGATION
SOLUTIONS to
X:\Projects\SPEC\SPEC-16320\Storm\PRM to Bank Site Conversion\Current Drawings\GIS\Figure 1 - USGS.mxd, 10/4/2022 2:59:46 PM, Jernigan

NOTES:
1. USGS; SOIL SURVEY SHEET 11, JOHNSTON COUNTY, NORTH CAROLINA
2. LAT: 35.419899 N, LONG: -78.348924 W
MCADAMS
CLEARWATER MITIGATION
SOLUTIONS t
MITIGATION PLAN
FIGURE 2. NRCS SOIL SURVEY MAP
LOWLANDS MITIGATION SITE
JOHNSTON COUNTY, NORTH CAROLINA
0 500 1,000
Feet
1 inch = 1,000 feet
DATE: 10/4/2022
JOB NO: SPEC-16320
DRAWN BY: Jernigan
X:\Projects\SPEC\SPEC-16320\Storm\PRM to Bank Site Conversion\Current Drawings\GIS\Figure 2 - Soil Survey.mxd, 10/4/2022 3:01:22 PM, Jernigan

OPEN WATER
(PONDED AREA)
+/- 0.03 AC.
LEGEND
CLW18000-active cropland
WETLANDS
PROJECT AREA
0 DATA POINT
DITCH
- CMP CULVERT
- RCP CULVERT
OPEN WATER
OW end tlfhp INR, War
DA. USGS. A
MCADAMS
CLEARWATER MITIGATION
SOLUTIONS
MITIGATION PLAN
FIGURE 3. EXISTING WETLAND DELINEATION
LOWLANDS MITIGATION SITE
JOHNSTON COUNTY, NORTH CAROLINA
NOTE: PROJECT AREA IS DEPICTED BASED ON GIS MAPPING AND IS SUBJECT TO FINAL SURVEY.
X:\Projects\SPEC\SPEC-16320\Storm\PRM to Bank Site Conversion\Current Drawings\GIS\Figure 3 - Existing Wetland Delineation.mxd, 10/4/2022 3:09:22 PM, Jernigan
0 125 250
Feet
1 inch = 250 feet
DATE: 10/4/2022
JOB NO: SPEC-16320
DRAWN BY: Jernigan

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FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri
Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and
the GIS User Community
MCADAMS
CLEARWATER MITIGATION
SOLUTIONS t
MITIGATION PLAN
FIGURE 4. 8-DIGIT AND 14-DIGIT HUC MAP
LOWLANDS MITIGATION SITE
JOHNSTON COUNTY, NORTH CAROLINA
0 6 12
MICCI Miles
1 in = 12 miles
DATE: 10/4/2022
JOB NO: SPEC-16320
DRAWN BY: Jernigan
X:\Projects\SPEC\SPEC-16320\Storm\PRM to Bank Site Conversion\Current Drawings\GIS\Figure 4 - HUC Map 1.mxd, 10/4/2022 3:12:10 PM, Jernigan

LOWLANDS SITE
41
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MCADAMS
CLEARWATER MJTIGATION
SOLUTIONS 4
MITIGATION PLAN
FIGURE 5. 14-DIGIT HUC MAP WITH AERIAL IMAGERY
LOWLANDS MITIGATION SITE
JOHNSTON COUNTY, NORTH CAROLINA
0 1 2
CCI Miles
1 in = 2 miles
DATE: 10/4/2022
JOB NO: SPEC-16320
DRAWN BY: Jernigan
X:\Projects\SPEC\SPEC-16320\Storm\PRM to Bank Site Conversion\Current Drawings\GIS\Figure 5 - 14-Digit HUC Map.mxd, 10/4/2022 3:14:52 PM, Jernigan

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MCADAMS
CLEARWATER MITIGATION
SOLUTIONS
MITIGATION PLAN
FIGURE 6. DRAINAGE AREA MAP
LOWLANDS MITIGATION SITE
JOHNSTON COUNTY, NORTH CAROLINA
0 600 1,200
Feet
1 in = 1,200 ft
DATE: 10/4/2022
JOB NO: SPEC-16320
DRAWN BY: Jernigan
X:\Projects\SPEC\SPEC-16320\Storm\PRM to Bank Site Conversion\Current Drawings\GIS\Figure 6 - Drainage Area Map.mxd, 10/4/2022 3:15:58 PM, Jernigan

%Lowlands Mitigation Approach and Credit Table
Project Location
Existing
Acreage
Former ACP
ROW Acreage
Combined
Acreage
Mitigation
Approach
Mitigation
Ratio
Mitigation
Credits
Wetland Type
Agricultural Field
(Re-establishment Area)
22.0
1.96*
23.96
Re-establishment
1:1
23.96
Riparian
Preservation Area
22.8
0.76
23.56
Preservation
7.5:1
3.14
Non -Riparian
Enhancement Area 1**
14.3
1.62
15.92
Preservation
15:1
1.06
Non -riparian
Enhancement Area 2
5.1
-
Enhancement
2:1
2.55
Riparian
Uplands
5.9
0.29
6.19
Upland buffer
Non -Credit Area
Total Riparian
26.51 WMUs
Total CE Acreage
75.35 acres
Total Non -Riparian
4.20 WMUs
* Includes former 1.1-acre of temporary ACP construction easement. Will require planting and monitoring devices installed.
** Proposed to be converted from original enhancement mitigation approach to preservation at a reduced ratio.
Ditch.7.3
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i
Legend
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,Veg Plot
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DITCH
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Mit Treatment Enhancement
MitTreatment Re-establishment
Former ACP Easement
QProject Area
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RCP
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PRESERVATION
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UPLAND SOIL
UPLAND SOIL - HYDRIC AT DEPTH
PF01
e; Cif I i eo o rap
Ditch 1
Filled
N
0 150 300
1 inch = 300 feet
600
Feet
FIGURE 7: WETLAND MITIGATION PLAN
LOWLANDS MITIGATION SITE
OCTOBER 2022
JOHNSTON COUNTY, NORTH CAROLINA
CLEARWATER MITIGATION
SOLUTIONS
MCADAMS
J

ADDITIONAL -'
VEG PLOT
LEGEND
• Photo Stations
Conservation Easement
--'-— FormerACP Easement
Planting Zones
Zone 1
Zone 2
Zone 3
Monitoring Wells
Permanent Vegetation Plots
gij
MCADAMS
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• -stew "
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FIGURE 3
Monitoring Plan
Groundwater Well & Vegetation Monitoring Exhibit
Lowlands Mitigation Site
Johnston County, NC
0 150 300
Feet
1 inch = 300 feet
VERSION: 1
DATE: 10/12/2022
JOB NO: SPEC-16320
DRAWN BY: Jernigan
X:\Projects\SPEC\SPEC-16320\Storm\PRM to Bank Site Conversion\Current Drawings\GIS\Groundwater and Vegetation Monitoring Figure.mxd, 10/12/2022 10:57:53 AM, Jernigan

Appendix B. Monitoring Reports
Monitoring Year 3 — Grounwater Hydrology & Vegetative Monitoring Resulsts
- w/ Supplemental Vegetative Analysis w/in Enhancement Areas 1 & 2
- w/ Supplemental Vegetative Analysis w/in Open Water Area
Monitoring Year 4 — Groundwater Hydrology Monitoring Results
Lowlands Wetland Mitigation Site — Mitigation Plan Appendices

LOWLANDS
Johnston County, North Carolina
Annual Monitoring Report
Year 3
Project Number: SPEC-16320
Prepared By:
Jennifer Burdette
Kelly Roth
Alec Pierzga
Amanda Bloom
Date: May 2021
gij
MCADAMS
2905 Meridian Parkway
Durham, North Carolina 27713

�la MCADAMS LOWLANDS YEAR 3 MONITORING REPORT > SPEC-16320
TABLE OF CONTENTS
1.0 PROJECT LOCATION AND DESCRIPTION 1
2.0 MONITORING OBJECTIVES 1
3.0 MONITORING ACTIVITIES AND SUCCESS CRITERIA 2
3.1 Wetland Hydrology 2
3.2 Vegetation 3
4.0 REFERENCES 5
5.0 FIGURES
6.0 YEAR 3 MONITORING DATA
6.1 Photo Stations
6.2 Wetland Hydrology
6.3 Vegetation
creating experiences through experience

�la MCADAMS LOWLANDS YEAR 3 MONITORING REPORT > SPEC-16320
1.0 PROJECT LOCATION AND DESCRIPTION
The Lowlands Wetland Mitigation Site (Site) is located approximately one mile northeast of the
intersection of Devils Racetrack Road (SR 1009) and Guin Road (SR 1184) in Johnston County,
North Carolina. The Site is located within the Neuse River Basin, 8 digit Hydrologic Unit Code
(HUC) 03020201, more specifically within the 14 digit HUC 03020201150050. The project area is
approximately 71.2 acres, of which 65.3 acres will include some form of wetland re-
establishment, enhancement, or preservation with the remaining 5.9-acres of uplands and non-
credit area to be included within the overall conservation easement as an upland buffer (see
Figure 1).
The purpose of the Site is to provide 33.58 wetland mitigation credits to Dominion Energy
Transmission, Inc. (DETI) as part of DETI's Permittee Responsible Mitigation Plan (PRM) to
compensate for unavoidable impacts to wetlands associated with the Atlantic Coast Pipeline
Project (ACP). The Site includes the re-establishment of 23.1-acres of riparian wetlands,
enhancement of 5.1 acres of riparian and 14.3 acres of non -riparian wetlands, and preservation
of 22.8-acres of non -riparian wetlands within the Site. Construction of the project occurred in
early 2018. Baseline hydrology and vegetation sampling was conducted in March 2018.
2.0 MONITORING OBJECTIVES
Monitoring activities will follow the guidelines presented in USACE Wilmington District October
2016 Guidance documents and the North Carolina Ecosystem Enhancement Program (NCEEP)
Monitoring Requirements and Performance Standards for Stream and/or Wetland Mitigation
(November 2011) and will be tailored to the Site. The Site will be monitored for seven (7)
consecutive years, or if the required success criteria has been met in year five (5), monitoring
activities may be terminated if written approval is provided by the USACE.
According to the Mitigation Plan issued August 2017, specific objectives for the Site are the
following:
> Restore the primary wetland functions and values appropriate for this section of the Neuse
River Lowlands.
> Improve sediment retention and capacity for nutrient removal to offset historic agricultural
practices.
> Restoration of the attendant hydrologic and biologic functions of a bottomland hardwood
forest.
> Restore and enhance native bottomland hardwood forest.
> Permanently protect existing higher quality bottomland hardwood forest, in addition to the
remainder of the project area.
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�la MCADAMS LOWLANDS YEAR 3 MONITORING REPORT > SPEC-16320
3.0 MONITORING ACTIVITIES AND SUCCESS CRITERIA
3.1 Wetland Hydrology
The primary rationale for the approach of restoring wetland hydrology on the Site relies on the
comparison of the Site with adjacent reference areas with observable wetland hydrology.
Monitoring wells and data loggers installed on the Site, including the adjacent reference
wetlands, provide a good indication of the influence of the drainage ditches to the groundwater
levels. The comparison suggests that modification of surface water hydrology through ditching
and crowning have removed wetland hydrology from the Site. Removal of the Site historic
modifications should restore wetland hydrology over time. The data loggers installed in the
reference wetlands will be used to help determine the parameters of the restored wetland, such
as the proposed grade. Following construction, groundwater hydrology data from reference
wetland locations and restoration areas will be compared for the purpose of measuring
successful hydrology restoration metrics.
Wetland hydrology success will be measured by improvements to the frequency and duration of
saturated soils compared to the reference wetlands. Wetland hydrology will be measured daily
using (8) installed groundwater data loggers (the location of which can be seen on Figure 2). The
data loggers will sample groundwater elevations beneath the soil surface at least once per day
throughout the monitoring period. The data loggers will be downloaded on a bimonthly basis
during the growing season.
The Site contains Leaf soil series which according to the Wetland Saturation Threshold has a
saturation/hydroperiod threshold of 10% to 12% of the growing season within 12 inches below
the soil surface. According to the U.S. Department of Agriculture — Soil Conservation Service Soil
Survey of Johnston County, NC there are 232 days per year starting from March 21 through
November 8 that are greater than 28 degrees Fahrenheit. Therefore, successful wetland
hydrology is defined as saturation of soils within 12 inches of the soil surface for a period equal
to or greater than 24 consecutive days (10% of the growing season) within the growing season.
The Site has been historically extensively managed for agricultural production. Therefore, for
the first two years of monitoring, successful wetland hydrology will be defined as saturation of
soils within 12 inches of the soil surface for a period equal to or greater than 19 consecutive
days, or 8%, within the growing season. For years 3 through 7, successful wetland hydrology is
defined as saturation of soils within 12 inches of the soil surface for a period equal to or greater
than 24 consecutive days within the growing season.
The restored wetland groundwater data was downloaded and assessed as part of the Year 3
monitoring. The downloaded groundwater data is shown graphically against local precipitation
data in Section 6.2 for monitoring locations shown in Figure 2. All the groundwater monitoring
locations indicate that the wetland is meeting the minimum success wetland hydrology for the
site. The reference groundwater data has also been included in Section 6.2, the location of
which can been found on Figure 1.
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�la MCADAMS LOWLANDS YEAR 3 MONITORING REPORT > SPEC-16320
3.2 Vegetation
Prevalent vegetation should consist of species typically adapted for life in saturated soil
conditions. These species should have the ability to grow, compete, reproduce, and persist in
anaerobic soil conditions. Vegetation monitoring plots will be established to show that the
composition and density of vegetation in the Site compares favorably to the reference areas.
The primary focus of the vegetative monitoring will be on the tree stratum, although shrub and
herbaceous species encountered may also be recorded. All woody stems, including planted and
volunteer species, must be recorded for each fixed and random plot in each monitoring year.
Exotic and invasive species should also be recorded; however, they will not count toward
success or performance standards. Vegetation planting success criteria will be based on the
survival of a minimum density of 320 trees per acre after three (3) years of monitoring. After five
(5) years of monitoring, the density should be no less than 260 planted trees per acre. After
seven (7) years of monitoring, the density should be no less than 210 trees per acre. In addition,
trees must average 10 feet in height in each plot at year seven (7). Vegetation plots will be
sampled and reported in years 1, 2, 3, 5, and 7. If the height standard is met and the stem
density is trending toward success after five (5) years of monitoring, vegetation monitoring on
the Site may be terminated if written approval is provided by the USACE.
A combination of eight (8) permanent fixed vegetation monitoring plots and random vegetation
monitoring plots are used to demonstrate vegetation coverage. Seven (7) of the plots are fixed
plots randomly placed throughout the Project, and one (1) of the vegetation monitoring plots is
randomly located each monitoring year. The one (1) random plot may be a different plot type
(e.g., circular, transect, etc.), but should be the same size as the fixed plots. The location of the
random plot for Year 3 monitoring is shown in Figure 3.
Monitoring Year 3 field activities were conducted on November 5, 10, 19, and 27, 2020.
Monitoring methodologies followed the vegetation monitoring requirements specified in the
USACE Wilmington District Stream and Wetland Compensatory Mitigation Update released on
October 24, 2016. All seven (7) permanent fixed vegetation monitoring plots installed by
McAdams were located during Monitoring Year 3. Figure 3 (Section 5.0) depicts the location of
the seven (7) permanent fixed and one (1) random vegetation monitoring plots. Plant species,
density, survival rates and the cause of mortality, if identifiable, were recorded for each
vegetation monitoring plot.
Additionally, six (6) supplemental vegetation plots were sampled within the Enhancement area
on April 21, 2021. The supplemental plots were each approximately 100 square meters in size
and were randomly located throughout the Enhancement area. Planted stems were identified
and measured within each supplemental plot to gain a better understanding of planted stem
survival rates within the Enhancement area.
Tables 1, 2 and 3 (Section 6.3) summarize the Year 3 vegetation monitoring data and results.
Table 1A provides a success summary for vegetation monitoring plots 1 through 8 and Table 1B
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�la MCADAMS LOWLANDS YEAR 3 MONITORING REPORT > SPEC-16320
provides a success summary for the supplemental plots (9 through 14) sampled in MY3 only.
Table 2A provides a planted and volunteer stem total for vegetation plots 1 through 8 and Table
2B provides a planted stem total the supplemental plots. Table 3 provides a summary of planted
and volunteer stem survival as compared to the As -Built for plots 1 through 8. Photographs
showing the general vegetation condition across the mitigation site are provided in Section 6.1.
The locations of the photo stations and vegetation plots are shown in Figure 3. Vegetation
Monitoring Plot Data Sheets are provided in Section 6.3. Each Vegetation Monitoring Plot Data
Sheet provides the height, location and age based on year planted or first observed of each
woody stem within the plot.
In Monitoring Year 3, vegetation monitoring plots 1 through 8 encompassed 0.61 acres and
contained 385 planted stems, which yielded a density of 631 planted stems per acre. The
planted stem density in the vegetation monitoring plots ranged from 200 to 1,800 stems per
acre. All plots except plot 7 met the interim vegetation monitoring criteria of 320 stems per acre
after three years of monitoring.
Plot 7 has failed to meet the interim success criteria in all three years of monitoring. It has been
noted in previous years that possible factors contributing to the low stem counts in Plot 7 are
that many of the existing tree species in this plot are not on the approved planting list and thus
they cannot be counted toward success, and that the young, planted stems may have been
obscured by the taller existing vegetation, making them difficult to find or preventing their
survival. The six supplemental plots (Plots 9 through 14) were randomly distributed throughout
the Enhancement area on April 21, 2021 to determine whether the low stem counts observed in
Plot 7 in monitoring years 1 through 3 is a localized survival issue centered around Plot 7 or
whether it is a more widespread phenomenon throughout the Enhancement area.
McAdams staff completed vegetation monitoring of planted trees in the six supplemental plots
placed randomly in the Enhancement area on April 21, 2021. Two of the supplemental plots
(Plots 9 and 14) did not meet the interim target density of 320 trees per acre after three years of
monitoring. Of the remaining four plots, Plots 12 and 13 exceeded the target density by only 24
and four stems per acre, respectively. Plots 10 and 11 met the interim target density with 405
and 486 stems per acre, respectively. Because the four plots that failed to meet or barely met
the interim target density are distributed relatively evenly across the Enhancement area,
remedial planting is recommended throughout the entire Enhancement area to ensure that the
Enhancement area will meet the final target stem density after seven years of monitoring.
creating experiences through experience
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�l MCADAMS LOWLANDS YEAR 3 MONITORING REPORT > SPEC-16320
4.0 REFERENCES
Lee Michael T., Peet Robert K., Roberts Steven D., and Wentworth Thomas R. 2008. CVS-EEP
Protocol for Recording Vegetation Level. Version 4.2.
North Carolina Ecosystem Enhancement Program (NCEEP) November 7, 2011. Monitoring
Requirements and Performance Standards for Stream and/or Wetland Mitigation.
The John R. McAdams Company, Inc. August 2017. Mitigation Plan, Lowlands Mitigation Site.
US Army Corps of Engineers. October 2008. Regulatory Guidance Letter No. 08-03.
creating experiences through experience
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5.0 FIGURES
LOWLANDS YEAR 3 MONITORING REPORT
SPEC-16320

Mitigation Type
Location
Acrage
Mitigation
Factor
Wetland
Mitigation Units
Wetland
Type
Re-establishement
Ag. Field
22.0
1:1
22.00
Riparian
C.E.
1.1
2:1
0.55
Riparian
Enhancement
Area 1
14.3
3:1
4.77
Non -riparian
Area 2
5.1
3:1
1.70
Riparian
Preservation
-
22.8
5:1
4.56
Non -riparian
Upland/Non-credit
-
5.9
-
-
-
Riparian:
28.2
-
24.25
-
Non -riparian:
37.1
-
9.33
-
TOTAL:
-
71.2
-
33.58*
-
Legend
GMONITORING WELL
n SPEC16320_Option A - 12 acres
FUTURE ACP
FUTURE ACP TEMPORARY CONSTRUCTION ACCESS
CMP
4) RCP
2-FT CONTOURS
DITCH
OPEN WATER
n PROJECT AREA
ACTIVE CROPLAND (PRIOR CONVERTED)
HYDRIC SOIL
CROWN
SLIGHT CROWN
Ud
UP/Ud
UPLAND SOIL
UPLAND SOIL - HYDRIC AT DEPTH
PF01
Note: Project Area depicted based on
GIS, see construction for verified
acreages.
N
FIGURE 1: WETLAND MITIGATION CONCEPT PLAN
LOWLANDS MITIGATION SITE -
AUGUST 17, 2017
CLE4RW4TER l47TIGATION
SOLUTIONS 1
0 150 300
600
Feet
1 inch=300feet JOHNSTON COUNTY, NORTH CAROLINA
MCADAMS

CONSTRUCTION LEGEND:
0
TOW
GSE
TOS
BOS
SHEPARD
D.B. 3883, PG. 355
PROPERTY LINE
PER P.B. 80, PG. 41
`-101IIIIII1
S01 °12'06"W
90.93' vLO
(TIE DOWN)
WELL 1
TOW=110.52'
SSE=107.88'
J
DITCH - FILLED UP
ORIGIN POINT ON VEGGIE PLOTS
VEGGIE PLOT
WELL
TOP OF WELL ELEVATION
GROUND SHOT ELEVATION
TOP OF SPILLWAY ELEVATION
BOTTOM OF SPILLWAY ELEVATION
BOTTOM OF SPILLWAY ELEVATION
NOTE:
L40AND L41 ARE LOCATED
ON THE SOUTHERN EDGE OF
THE 30' DUKE -ENERGY
EASEMENT
�O P
RIB
30' DUKE -ENERGY
EASEMENT (15' ON
EACH SIDE OF UTILITY
LINE (UTILITY LINE
NOT SHOWN FOR CLARITY)
STEWART
D.B. 4934, PG. 113
N01 °09'18"E
30.33'
(TIE DOWN)
RHODES
D.B. 2344 PG. 794
EPK
Iiiiii�iiiiii,E I P,�' �''
IBINInAjUIlllllllllllll�iiinm�viiii MM
L
L41 40 O
1-3S
ACCESS EASEMENT 1
NEW 15' WIDE NON-EXCLUSIVE ACCESS
EASEMENT FOR INGRESS, EGRESS &
REGRESS AND FUTURE UTILITY EASEMENT
TO BE CONVEYED TO CLEARWATER
HOLDINGS I, LLC. (AREA = 0.04 ACRES± BY
COORDINATE COMPUTATION) STEWART
D.B. 4934, PG. 113
STEWART
D.B. 4934, PG. 113
CONSERVATION
EASEMENT AREA 5
4.31 ACRES
DITCH 3
(FILLED UP)
v
L32
10' PROPOSED PERMANENT
GROUND BED EASEMENT
(FOR ATLANTIC COAST PIPELINE, LLC)
PER D.B. 4940, PG 820-824
CONSERVATION
EASEMENT AREA 4
12.15 ACRES
50' PROPOSED PERMANENT
RIGHT-OF-WAY (FOR ATLANTIC
COAST PIPELINE, LLC)
PER D.B. 4940, PG 820-824
J
46 L52
L47
J
N01°12'06"E
102.80'
(TIE DOWN)
RHODES
D.B. 2344 PG. 794
CONSERVATION
EASEMENT AREA 2 I
7.44 ACRES
DITCH
(FILLED UP)
50' PROPOSED PERMANENT
RIGHT-OF-WAY (FOR ATLANTIC
COAST PIPELINE, LLC)
PER D.B. 4993, PG 872-880
N65°05'58"E
62.54'
(TIE DOWN)
N75°56'50"E
\I 169.90'
(TIE DOWN)
NP. N Ix
g",\c ,
�`I. nI Q
l60 V`
WELL 2
TOW=110.59'
GSE=107.99'
"-NC GRID COORDINATE
N=608,831.1354'
E=2,194, 367.9188'
ISS, REFERENCE POINT
ONLY (SUITABLE FOR
GPS OBSERVATION)
DITCH 2
(FILLED UP)
WELL 7
TOW=109.62'
GSE=106.91'
MATURE
WOODLINE
(TYPICAL)
CONSERVATION
EASEMENT AREA 1
45.57ACRES
FIGURE 2. BASELINE MONITORING EXHIBIT
DITCH 1
(FILLED UP)
WELL 6
TOW=108.88'
GSE=105.98'
SHEPARD
D.B. 3883, PG. 355
AA
AA
WELL 3
TOW=109.10'
GSE=106.28'
RHODES
D.B. 2344 PG. 794
EXISTING SPILLWAY
TOS = 106.42'
BOS = 103.97'
WELL 5
TOW=110.19'
GSE=107.77'
N/F
ALLEN
EPP O
N/F
STANFIELD
S18°34'44"W
175.23'
(TIE DOWN)
KNIGHT
D.B. 2343, PG. 210
EXISTING
36" CMP
KNIGHT
D.B. 2621, PG. 199
KNIGHT
D.B. 2567, PG. 970
EXISTING SPILLYNAY
TOS = 106.19'
BOS = 103.20'
0
GENERAL NOTES
ELEVATIONS ARE
REFERENCED TO NAVD 1988
COORDINATES ARE
REFERENCED TO NAD'83(2011)
100
1 " = 200'
200
200
iu
NRS C �
W M C
n EO
N 6
0
V m 3 C
= Z
N 0 O
u, .2) U
W0)
N o rn c17, J E
533 C7 rn it
Q
0 /
/°)0
<a)77
-a1
N
PERMIT - SEAL
"PRELIMINARY PLAT"
NOT FOR RECORDATION,
CONVEYANCES OR
SALES
U
DRAWN BY: FGR
DATE: 03/15/18
SURVEYED BY: J.A.R.
DWG. NO.
CMS234AB18
SHEET
3 OF 3

LEGEND
Permanent Vegetation Plots
Conservation Easement
O MY3 Supplemental Vegetation Plots (4/21/2021)
• Photo Stations
Planting Zones
1��/,
Zone 1
Zone 2
Zone 3
Figure 3. Year 3 Vegetation Monitoring Exhibit
Lowlands Mitigation Site
Johnston County, NC
1
0 150 300
Feet
1 inch = 300 feet
VERSION: 1
DATE: 5/11/2021
JOB NO: SPEC-16320
DRAWN BY: pierzga
MCADAMS
X:\Projects\SPEC\SPEC-16320\Storm\Monitoring\MY3\Vegetation Monitoring\Vegetation Monitoring Figure -Add Plots.mxd, 5/11/2021 4:53:20 PM, pierzga

6.0 YEAR 3 MONITORING DATA
LOWLANDS YEAR 3 MONITORING REPORT
SPEC-16320

6.1 PHOTO STATIONS
LOWLANDS YEAR 3 MONITORING REPORT
SPEC-16320

�la MCADAMS
Lowlands Wetland Mitigation Site
Photos taken November 5, 10, 19, & 27, 2020
Photo Station 1— Photo 1 (facing 165°S)
Photo Station 1— Photo 2 (facing 100°E)
MY3 PHOTO STATION LOG > SPEC-16320
creating experiences through experience 1 of 4

�J MCADAMS
Photo Station 2 — Photo 1 (270°W)
Photo Station 2 — Photo 2 (240°SW)
MY3 PHOTO STATION LOG > SPEC-16320
creating experiences through experience 2 of 4

�J MCADAMS
Photo Station 3 — Photo 1 (300°NW)
Photo Station 3 — Photo 2 (220°SW)
MY3 PHOTO STATION LOG > SPEC-16320
creating experiences through experience 3 of 4

�J MCADAMS
Photo Station 4 — Photo 1 (315°NW)
Photo Station 4 — Photo 2 (225°SW)
MY3 PHOTO STATION LOG > SPEC-16320
creating experiences through experience 4 of 4

6.2 WETLAND HYDROLOGY
LOWLANDS YEAR 3 MONITORING REPORT
SPEC-16320

Restoration Monitoring Well Summary
Lowlands Mitigation Site
Ground Elevation (ft)
MY1 - 2018
MY2 - 2019
MY3 - 2020
MY4 - 2021
MY5 - 2022
MY6 - 2023
MY7 - 2024
Notes
Monitoring wells with criteria met
100.00%
100.00%
87.50%
Monitoring Well MW1
107.88
Consecutive days within ranger
232
232
232
% of growing season2
100.00%
100.00%
100.00%
Criteria met?3
Y
Y
Y
Monitoring Well MW2
107.99
Consecutive days within range'
232
232
232
% of growing season2
100.00%
100.00%
100.00%
Criteria met?3
Y
Y
Y
Monitoring Well MW3
106.28
Consecutive days within range'
232
232
232
% of growing season2
100.00%
100.00%
100.00%
Criteria met?3
Y
Y
Y
Monitoring Well MW4*
108.48
Consecutive days within range'
232
67
229
% of growing season2
100.00%
28.88%
98.71%
Criteria met?3
Y
Y
Y
Monitoring Well MW5*
107.77
Consecutive days within range'
232
185
232
% of growing season2
100.00%
79.74%
100.00%
Criteria met?3
Y
Y
Y
Monitoring Well MW6
105.98
Consecutive days within range'
232
232
232
% of growing season2
100.00%
100.00%
100.00%
Criteria met?3
Y
Y
Y
Monitoring Well MW7
106.91
Consecutive days within range'
232
179
56
% of growing season2
100.00%
77.16%
24.14%
Criteria met?3
Y
Y
Y
Monitoring Well MW8*
108.87
Consecutive days within range'
232
161
232
% of growing season2
100.00%
69.40%
100.00%
Criteria met?3
Y
Y
Y
1The US Army Corps of Engineers states that the range is within 12 inches of the soil surface
2The growing season for the site is 232 days long
3Successful wetland hydrology criteria is defined as saturation of soils within range for a period equal to or greater than 19 consecutive days (8%), within the growing season, for the first two
years of monitoring and 24 consecutive days (10%), within the growing season, for years 3-7
*Denotes monitoring well is upland

m
CC
7.00 -
6.00
5.00 -
4.00 -
3.00 -
2.00 -
1.00 -
0.00
Lowlands MW 1
Serial #10777571
Groundwater Elevation Ground Elevation - - - Wetland Criteria .Growing Season Rainfall
I
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- 111.00
- 110.00
- 109.00
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- 105.00
- 104.00
- 103.00
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.-I .-I .-I e-1 - .-I .-I .--1
Date
102.00

Rainfall
Groundwater Elevation
Lowlands MW 2
Serial #10766137
Ground Elevation
Wetland Criteria
Growing Season
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102.00
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7.00 -
6.00
5.00 -
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3.00 -
2.00
1.00 -
0.00
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m ti N ti
O O O O
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Lowlands MW 3
Serial #10765474
Groundwater Elevation Ground Elevation — — — Wetland Criteria ,Growing Season Rainfall
do i LI lhl i u L.A.' IIIILL 4
O O O O O O O O O
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0 0
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In
Date
O O
0 0
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\ n
00
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0 0 0
\ \ \
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00 \ \
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9/12/2020
9/26/2020 -
N
O O O O 0
NNINNN
• N \ N
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c i e-I
- 109.00
- 108.00
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- 105.00 .2
is
v
w
- 104.00
- 103.00
- 102.00
N N
ON N
0l N
N
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101.00

7.00 -
Lowlands MW 4
Serial #10777570
Groundwater Elevation Ground Elevation - - - Wetland Criteria Growing Season Rainfall
6.00 -
5.00 -
4.00 -
w
3.00 -
2.00 -
1.00
0.00
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11
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O 0 O 0 0 0 O 0 0 0 0 O 0 0 0 O 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0
N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
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0 0 .-1 .--1 .H N c-1 N N M M V 'a 1n l0 N. 00 00 01 01 O O .-1 c-1 .-1 N
.1 .1 .1 .1 .-1 .1 . .1
Date
118.00
117.00
116.00
115.00
114.00
113.00
112.00
111.00
0
110.00 v
w
109.00
108.00
107.00
106.00
105.00
104.00
103.00

7
6
5
4
cc
c
.(0
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3
2
1
0 —
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Groundwater Elevation
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ILA
Lowlands MW 5
Serial #20284994
Ground Elevation - - - Wetland Criteria Growing Season Rainfall
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110.00
109.00
108.00
107.00
106.00
cc
0i
w
105.00
104.00
103.00
102.00

7.00
6.00
5.00
4.00 -
m
CC
Groundwater Elevation
Lowlands MW 6
Serial #20284995
Ground Elevation Wetland Criteria —Growing Season Rainfall
3.00 -
2.00 -
1.00 -
0.00
i I 1 I r 11 ! 111 h. Il L..11.1.
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N N N N N N N N N N N N N N N N N N N N N N N
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Date ~ ~ 1
0
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111.00
110.00
109.00
108.00
107.00
(13
O
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106.00 w
105.00
104.00
103.00
102.00

7.00 -
6.00
5.00
4.00 -
.(0
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3.00 -
2.00
1.00 -
0.00
II II
In al al0 m m� 0 0 0 0
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e--I N ID \ ▪ N \ ▪ N \ co \ e-I
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Lowlands MW 7
Serial #20284996
Groundwater Elevation • - Ground Elevation — Wetland Criteria
0
0
CV
CO
m
0
CV
0
0
0
00
Date
o 0 0
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O O 0
0
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0 0 0 0 0 0 0 0 0
NNNNNNNNO O 0 0 0 0 0 0 0
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\ ▪ N \ \ \ \ e▪ \-I ▪ N
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Groundwater Elevation
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Lowlands MW 8
Serial #20284997
Ground Elevation — — — Wetland Criteria
_ L 1
NO 0 NO 0 0 0 0
O OO O 0 O 0 O O a 00 - ▪ O v 000 ti Ln
.-11 % N \ \ \ ▪ \ \ \
c-I N N M rn V 00
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O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7-1
N N N N N N N N N N N N N N N N N N
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N N N N N N N N N N N N N N N N N N
\01V▪ I tOO 0 CO00 1/1 O1 N CD 0 00 ▪ � N - 01 N O1
m \ 0 \ N\ 00 —. \ \ ▪ \ \I \ .\-1 \ N c\-I
V1 l0 I. 00 00 (7l 01 O 0 c-1 .-I c1 N
c-I c1 c-I c-1
Date
111.00
110.00
109.00
108.00
107.00
0
0)
106.00 w
105.00
104.00
103.00
102.00

6.3 VEGETATION
•
LOWLANDS YEAR 3 MONITORING REPORT
SPEC-16320

Table 1A. Vegetation Plot Mitigation Success Summary Table
Lowlands Mitigation Site
Johnston County, NC
MY3 vegetation data collection: November 5, 10, 19 & 27, 2020
McAdams Project #: SPEC-16320
Vegetation Plot ID
Vegetation Density
Threshold Met?*
Vegetation Height
Requirement Met?**
1
Yes
No
2
Yes
No
3
Yes
No
4
Yes
No
5
Yes
No
6
Yes
No
7
No
No
8
Yes
No
Mean
88%
0%
* Target density is a minimum of 320 trees per acre after three years of monitoring, 260 trees per
acre after five years of monitoring, and 210 trees per acre after seven years of monitoring. For any
tree stem to count toward success it may be either planted or volunteer, but it must be a species
from the approved planting list included in the Mitigation Plan.
**Trees in each plot must average seven feet (84 inches) at year five and ten feet (120 inches) at
year seven.

Table 1B. Supplemental Vegetation Plot Mitigation Success Summary
Table
Lowlands Mitigation Site
Johnston County, NC
Monitoring Year 3 supplemental data collection: April 21, 2021
McAdams Project #: SPEC-16320
Vegetation Plot ID
Vegetation Density
Threshold Met?*
Vegetation Height
Requirement Met?**
9
No
No
10
Yes
No
11
Yes
No
12
Yes
No
13
Yes
No
14
No
No
Mean
88%
0%
* Target density is a minimum of 320 trees per acre after three years of monitoring, 260 trees per
acre after five years of monitoring, and 210 trees per acre after seven years of monitoring. For any
tree stem to count toward success it may be either planted or volunteer, but it must be a species
from the approved planting list included in the Mitigation Plan.
**Trees in each plot must average seven feet (84 inches) at year five and ten feet (120 inches) at
year seven.

Table 2A. Planted and Volunteer Stem Count by Vegation Plot
Lowlands Mitigation Site
Johnston County, NC
MY3 vegetation data collection: November 5, 10, 19 & 27, 2020
McAdams Project #: SPEC-16320
Scientific Name
Common Name
Species
Type
Planted and Volunteer Stems
Annual Totals
VP-1
VP-2
VP-3
VP-4
VP-5
VP-6
VP-7
VP-8
MY-3
(Dec. 2020)
MY-2
(Dec. 2019)
MY-1
(Nov. 2018)
As -built
(Mar. 2018)
Betula nigra
river birch
tree
12
5
19
11
10
2
5
64
63
57
65
Cephalanthus occidentalis
buttonbush
shrub
21
4
1
26
27
27
29*
Cercis canadensis
eastern red bud
small tree
2
1
2
5
6
6
0
Fraxinus pennsylvanica
green ash
tree
2
45
34
1
9
7
98
93
95
98
Nyssa sylvatica
black gum
tree
9
14
9
2
6
40
38
31
49
Quercus michauxii
swamp chestnut oak
tree
4
4
3
6
2
Quercus nigra
water oak
tree
7
1
12
26
6
2
2
56
61
56
39
Quercus phellos
willow oak
tree
6
12
7
11
5
5
1
1
48
47
42
10
Quercus sp.
oak species
tree
2
3
1
6
8
3
65
Taxodium distichum
bald cypress
tree
14
11
4
9
38
38
36
39
Stem Count Total
36
102
76
67
55
17
24
8
385
384
360
396*
Size of Vegetation Plot (acres)
0.02
0.10
0.10
0.10
0.10
0.05
0.12
0.02
0.61
0.61
0.61
0.59
Number of Different Species
5
8
5
7
8
6
5
3
9
9
9
9
Average height (inches)
72
40
60
72
47
63
33
58
56
38
21
N/A
Stems Per Acre
1800
1020
760
670
550
340
200
400
631
630
590
674*
Total CE Area = 71.2 acres
*Corrections made to As -built data in MY1

Table 2B. Planted Stem Count - Supplemental Vegation Plots
Lowlands Mitigation Site
Johnston County, NC
MY3 supplemental data collection: April 21, 2021
McAdams Project #: SPEC-16320
Scientific Name
Common Name
Species
Type
Planted Stems
VP-9
VP-10
VP-11
VP-12
VP-13
VP-14
Betula nigra
river birch
tree
3
Cephalanthus occidentalis
buttonbush
shrub
3
Cercis canadensis
eastern red bud
small tree
Fraxinus pennsylvanica
green ash
tree
2
1
2
Nyssa sylvatica
black gum
tree
1
7
2
3
2
Quercus michauxii
swamp chestnut oak
tree
1
1
Quercus nigra
water oak
tree
1
Quercus phellos
willow oak
tree
4
3
Quercus sp.
oak species
tree
Taxodium distichum
bald cypress
tree
7
6
Stem Count Total
7
10
12
9
8
3
Size of Vegetation Plot (acres)
0.02
0.02
0.02
0.02
0.02
0.02
Number of Different Species
3
2
5
2
4
1
Average height (inches)
72
40
60
72
47
63
Stems Per Acre
283
405
486
364
324
121
Total CE Area = 71.2 acres

Table 3. Planted and Volunteer Stem Survival by Vegation Plot
Lowlands Mitigation Site
Johnston County, NC
MY3 vegetation data collection: November 5, 10, 19 & 27, 2020
McAdams Project #: SPEC-16320
VP-1
VP-2
VP-3
VP-4
VP-5
VP-6
VP-7
VP-8
MY3 Stem Count Total
36
102
76
67
55
17
24
8
MY2 Stem Count Total
37
101
77
67
54
I 17
22
9
MY1 Stem Count Total
26
99
78
63
50
12
23
8
As -built Stem Count Total
30
112
86
70
67
7
24
N/A
Difference from As -built to MY3
10
3
-2
4
5
5
1
0
Survival Rate
120%
91%
88%
96%
82%
243%
100%
N/A
Note: Reductions in the number of planted stems are due to species which were deemed "missing" or
"dead" at the time of monitoring. One possible explanation for "missing" species is due to thick herbaceous
growth obscurring the species from identification. Increases in the number of planted stems may be due to
stems that were previously noted as "missing" but are found in subsequent monitoring years, survival of
stems which were previously deemed "dead" but were dormant at the time of monitoring and put out new
growth in the current monitoring year or the addition of newly identified volunteer stems.

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 1
Sampling Date:
11/27/2020
Plot Area: 98m2 (-10m x 10m)
Plot Type: Fixed
X-axis: 220°SW
Woody invasive/exotic stem count: 0
Plot notes: Baccharis (-30 stems) -30%
Blackberry 25%
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
X
(m)
Y
(m)
Source
(Planted or
volunteer)
Height
(in.)
Age
(based on year
planted or first
observed)
Notes/ DBH (cm)
1
Quercus nigra (water oak)
0.5
0.9
P
51
3
0.9
2
Quercus phellos (willow oak)
0.8
3.6
P
74
3
0.6
3
Quercus nigra (water oak)
0.2
6.3
P
96
3
0.11
4
Betula nigra (river birch)
2.2
9.2
P
107
3
0.15
5
Quercus nigra (water oak)
1.8
6.5
P
38
3
0.7
6
Betula nigra (river birch)
1.7
5.4
P
92
3
0.9
7
Quercus phellos (willow oak)
2.9
3.9
P
109
3
0.15
8
Betula nigra (river birch)
3.0
2.5
P
66
3
0.4
9
Quercus nigra (water oak)
2.3
1.5
P
NA
NA
Dead
10
Betula nigra (river birch)
3.4
0.1
P
NA
NA
Dead
11
Betula nigra (river birch)
4.3
1.1
P
96
3
1
12
Betula nigra (river birch)
5.2
0.6
P
102
3
1.1
13
Betula nigra (river birch)
6.5
0.6
P
58
3
0.1
14
Betula nigra (river birch)
7.4
2.0
P
39
3
0.5
15
Betula nigra (river birch)
6.3
2.7
P
111
3
1.2
16
Quercus nigra (water oak)*
6.4
2.9
P
41
3
0.5
17
Fraxinus pennsylvanica (green ash)
8.5
2.9
P
73
3
0.6
18
Betula nigra (river birch)
9.2
2.7
P
80
3
1
19
Fraxinus pennsylvanica (green ash)
4.2
3.5
P
76
3
0.8
20
Quercus phellos (willow oak)
3.9
7.3
P
72
3
0.5
21
Quercus nigra (water oak)*
4.8
10.0
P
70
3
0.6
22
Quercus nigra (water oak)*
6.6
10.0
P
M
NA
Missing
23
Quercus nigra (water oak)*
7.9
10.0
P
34
1
0.6 (resprout)
24
Quercus phellos (willow oak)*
6.9
7.3
P
64
3
0.4
25
Quercus phellos (willow oak)
6.1
6.5
P
72
3
0.6
26
Betula nigra (river birch)
7.1
5.9
P
102
3
1.2
27
Quercus phellos (willow oak)
8.2
6.4
P
64
3
0.4
28
Quercus nigra (water oak)*
6.9
5.2
P
102
3
0.9
29
Betula nigra (river birch)
9.6
5.9
P
92
3
1.5
30
Betula nigra (river birch)
9.7
7.1
P
90
3
0.6
500
Nyssa sylvatica (black gum)
0.5
8.5
V
63
2
0.4
501
Nyssa sylvatica (black gum)
0.6
8.7
V
51
2
0.6
502
Nyssa sylvatica (black gum)
1.0
8.6
V
49
2
0.9
503
Nyssa sylvatica (black gum)
1.0
8.5
V
47
2
0.11
504
Nyssa sylvatica (black gum)
0.9
8.4
V
33
2
0.7
505
Nyssa sylvatica (black gum)
1.1
9.6
V
69
2
0.7
506
Nyssa sylvatica (black gum)
1.2
10.0
V
76
2
0.26
507
Nyssa sylvatica (black gum)
1.3
9.6
V
63
2
0.4
508
Nyssa sylvatica (black gum)
1.6
8.8
V
63
2
0.5
`Species identified differently in MY2 than in MY1
Coordinates corrected in MY2
Note: those stems with decreased heights assumed to have been foraged.
Page 1

Lowlands Wetland Mitigation Site MY3 Vegetation Monitoring
Plot 1
Sampling Date:
11/27/2020
10.0
9.0
8.0
7.0
Plot 1
®0 2© 2© 23
5
O
O
O
00
1.0
0
O
2.0
3.0
0
0
4.0
5.0
X(m)
6.0
OStem Location X Dead • Missing
7.0
30
8.0
9.0
10.0
Guin Road
X (0 0)
Plot 1
Y
ditch
CL
rt
Page 2

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 2A
Sampling Date:
11/19/2020
Plot Area: 102m2 (-10m x 10m)
Plot Type: Fixed
X-axis:
Woody invasive/exotic stem count: 0
Plot notes: Volunteers - Ulmus sp. (3); Ulmus americana
Betula nigra (1), Ulmus americana
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
X
(m)
Y
(m)
Source
(Planted or
volunteer)
Height
(in.)
Age
(based on year
planted or first
observed)
Notes/ DBH (cm)
1
Quercus sp. (oak species)
1.2
1.0
P
38
3
1.3
2
Taxodium distichum (bald cypress)
3.8
1.6
P
41
3
1.7
3
Nyssa sylvatica (black gum)
4.8
1.6
P
NA
NA
Dead
4
Cephalanthus occidentalis (buttonbush)
7.5
0.5
P
46
3
1.3
5
Fraxinus pennsylvanica (green ash)
9.6
0.1
P
61
3
1.2
6
Cephalanthus occidentalis (buttonbush)
9.8
0.9
P
35
3
1.2
7
Nyssa sylvatica (black gum)
9.2
3.0
P
NA
NA
Dead
8
Fraxinus pennsylvanica (green ash)
9.0
3.1
P
34
3
1.3
9
Quercus nigra (water oak)
6.4
2.2
P
21
3
0.7
10
Cephalanthus occidentalis (buttonbush)
5.6
3.8
P
30
3
0.9
11
Fraxinus pennsylvanica (green ash)
2.8
3.9
P
47
3
1.7
12
Ulmus americana (American elm)`
1.0
3.9
V
23
2
0.6
13
Fraxinus pennsylvanica (green ash)
1.1
4.7
P
34
3
1.1
14
Fraxinus pennsylvanica (green ash)
3.0
4.7
P
39
3
1.3
15
Fraxinus pennsylvanica (green ash)
5.2
4.7
P
37
3
1.4
16
Fraxinus pennsylvanica (green ash)
7.4
4.8
P
31
3
1.1
17
Quercus phellos (willow oak)
8.5
5.4
P
53
3
0.8
18
Quercus phellos (willow oak)
6.3
6.5
P
78
3
0.7
19
Quercus phellos (willow oak)
4.5
5.8
P
65
3
0.5
20
Quercus sp. (oak species)
2.4
5.9
P
M
NA
Missing
21
Taxodium distichum (bald cypress)
0.2
5.5
P
29
3
1.2
22
Betula nigra (river birch)
4.6
8.0
P
63
3
0.3
23
Cephalanthus occidentalis (buttonbush)
7.2
8.7
P
27
2
0.7
24
Cephalanthus occidentalis (buttonbush)
8.7
8.1
P
34
3
1.1
25
Quercus phellos (willow oak)
2.4
9.4
P
73
3
0.5
26
Cephalanthus occidentalis (buttonbush)
0.6
9.9
P
29
3
1
`Species identified differently in MY2 than in MY1
Note: those stems with decreased heights assumed to have been foraged.
Page 4

Lowlands Wetland Mitigation Site MY3 Vegetation Monitoring
Plot 2A
Sampling Date:
11/19/2020
>-
10.0
9.0
8.0
7.0
6.0
5.0
4.0
3.0
2.0
1.0
Plot 2A
25
13 14 15 16
1© 11 10
V
0
9
O
6
0.0 5
0 0 1 0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0
X (m)
OTree Location X Dead • Missing
ditch/channel
(0,0)
ditch plug
Plot 2
tree line
i
Page 3

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 2B
Sampling Date:
11/19/2020
Plot Area: 99m2 (-10m x 10m)
Plot Type: Fixed
X-axis: 75°E
Woody invasive/exotic stem count:
Plot notes: Volunteers :Ulmus americana (4), Liquidambar
styraciflua(1), Ulmus americana (3), Bacharus (2)
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
X
(m)
Y
(m)
Source
(Planted or
volunteer)
Height
(in.)
Age
(based on year
planted or first
observed)
Notes/ DBH (cm)
27
Fraxinus pennsylvanica (green ash)
1.3
0.4
P
49
3
2.8
28
Fraxinus pennsylvanica (green ash)
2.7
0.3
P
40
3
1.4
29
Fraxinus pennsylvanica (green ash)
3.6
1.7
P
38
3
1.5
30
Betula nigra (river birch)
4.9
1.3
P
NA
NA
Dead
31
Fraxinus pennsylvanica (green ash)
6.0
2.5
P
37
3
1.3
32
Betula nigra (river birch)
6.5
1.3
P
96
3
1.3
33
Betula nigra (river birch)
8.7
0.0
P
82
3
0.5
34
Fraxinus pennsylvanica (green ash)
10.0
0.4
P
49
3
1.2
35
Cephalanthus occidentalis (buttonbush)
9.8
2.7
P
38
3
1.8
36
Fraxinus pennsylvanica (green ash)*
8.1
3.0
P
56
3
0.2
37
Fraxinus pennsylvanica (green ash)
10.0
5.0
P
48
3
1.5
38
Fraxinus pennsylvanica (green ash)
9.6
5.0
P
68
3
0.8
39
Fraxinus pennsylvanica (green ash)
7.5
4.8
P
20
3
0.7
40
Cephalanthus occidentalis (buttonbush)
6.9
4.0
P
63
3
0.3
41
Betula nigra (river birch)
3.4
2.3
P
NA
NA
Missing
42
Betula nigra (river birch)
1.8
3.8
P
49
3
1
43
Cercis canadensis (redbud)
0.7
4.2
P
9
3
0.6 (dieback)
44
Betula nigra (river birch)
0.2
5.2
P
NA
3
Dead
45
Cephalanthus occidentalis (buttonbush)
3.1
6.4
P
48
3
1.5
46
Cephalanthus occidentalis (buttonbush)
4.2
5.3
P
28
3
1
47
Taxodium distichum (bald cypress)
8.7
6.0
P
54
3
1.9
48
Fraxinus pennsylvanica (green ash)
9.6
6.6
P
41
3
1.4
49
Taxodium distichum (bald cypress)
7.1
6.6
P
39
3
1.1
50
Nyssa sylvatica (black gum)
6.2
6.9
P
NA
NA
Missing
51
Taxodium distichum (bald cypress)
5.3
7.4
P
27
3
0.8
52
Cephalanthus occidentalis (buttonbush)
1.9
7.4
P
11
3
0.4
53
Cephalanthus occidentalis (buttonbush)
0.2
8.4
P
28
3
0.9
54
Cercis canadensis (redbud)
1.1
9.0
P
NA
3
Dead
55
Taxodium distichum (bald cypress)
4.7
8.7
P
36
3
1.4
56
Fraxinus pennsylvanica (green ash)
8.8
8.5
P
33
3
1.4
57
Fraxinus pennsylvanica (green ash)
9.8
7.9
P
23
3
1.4
58
Fraxinus pennsylvanica (green ash)
8.4
9.8
P
26
3
1.1
59
Nyssa sylvatica (black gum)
7.3
8.9
P
NA
NA
Dead
60
Nyssa sylvatica (black gum)
5.2
5.0
P
NA
NA
Missing
61
Cephalanthus occidentalis (buttonbush)
5.0
4.0
P
41
3
1.3
62
Cephalanthus occidentalis (buttonbush)
0.7
0.3
P
22
3
0.9
*Species identified differently in MY2 than in MY1
Note: those stems with decreased heights assumed to have been foraged.
Page 5

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 2B
Sampling Date:
11/19/2020
10.0
9.0
8.0
7.0
6.0
5.0
4.0
3.0
2.0
1.0
0.0
Plot 2B
4j)
60 39 38 37
c)
00
10 20
3 0 4.0
5.0
X (m)
6.0 7 0
OTree Location X Dead • Missing
ditch/channel
(0,0)
8.0 9 0 10.0
ditch plug
Plot 2
tree line
iN
Page 6

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 2C
Sampling Date:
11/19/2020
Plot Area: 100m2 (-10m x 10m)
Plot Type: Fixed
X-axis: 75°E
Woody invasive/exotic stem count:
Plot notes: Volunteers - Quercus phellos (1), Ulmus sp.
(1); Acer rubrum (1), Fraxinus Pennsylvanica
(11
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
X
(m)
Y
(m)
Source
(Planted or
volunteer)
Height
(in.)
Age
(based on year
planted or first
observed)
Notes/ DBH (cm)
63
Cercis canadensis (redbud)
3.7
0.7
P
21
3
0.6
64
Cephalanthus occidentalis (buttonbush)
3.8
0.9
P
21
3
0.6
65
Cephalanthus occidentalis (buttonbush)
5.5
1.0
P
27
3
0.7
66
Cephalanthus occidentalis (buttonbush)
6.8
0.2
P
27
3
0.7
67
Taxodium distichum (bald cypress)
9.1
1.1
P
25
3
0.5
68
Quercus phellos (willow oak)*
7.1
1.7
P
20
3
0.7
69
Cephalanthus occidentalis (buttonbush)
1.8
2.1
P
25
3
0.6
70
Cephalanthus occidentalis (buttonbush)
0.4
3.3
P
18
3
0.7
71
Taxodium distichum (bald cypress)
5.1
3.0
P
24
3
0.6
72
Fraxinus pennsylvanica (green ash)
9.2
2.9
P
36
3
1.2
73
Fraxinus pennsylvanica (green ash)
8.5
4.5
P
33
3
1
74
Fraxinus pennsylvanica (green ash)
6.4
5.0
P
48
3
1.5
75
Fraxinus pennsylvanica (green ash)
4.3
5.1
P
32
3
1
76
Fraxinus pennsylvanica (green ash)
2.3
5.1
P
40
3
1.4
77
Fraxinus pennsylvanica (green ash)
0.9
4.9
P
38
3
1.4
78
Cephalanthus occidentalis (buttonbush)
1.5
6.7
P
NA
NA
Missing
79
Taxodium distichum (bald cypress)
4.0
7.8
P
29
3
1.4
80
Fraxinus pennsylvanica (green ash)
5.6
6.7
P
40
3
1.3
81
Fraxinus pennsylvanica (green ash)
6.9
5.6
P
31
3
1.2
82
Fraxinus pennsylvanica (green ash)
8.8
7.1
P
56
3
0.5
83
Fraxinus pennsylvanica (green ash)
9.8
3.9
P
22
3
0.9
84
Fraxinus pennsylvanica (green ash)
7.7
8.3
P
41
3
1.7
85
Fraxinus pennsylvanica (green ash)
2.3
9.3
P
30
3
1
86
Cephalanthus occidentalis (buttonbush)
2.6
5.5
P
28
3
1.2
501
Cephalanthus occidentalis (buttonbush)
0.4
8.0
P
27
3
0.9
*Species identified differently in MY3 than in MY2
Note: those stems with decreased heights assumed to have been foraged.
Page 7

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 2C
Sampling Date:
11/19/2020
10.0
9.0
8.0
7.0
6.0
5.0
4.0
3.0
2.0
1.0
0.0
Plot 2C
0
•
Gir
©
0
0 0 1 0 2 0 3 0 4 0 5.0 6.0 7.0 8.0 9 0 10.0
X (m)
OTree Location • Missing
ditch/channel
TN
ditch plug
Page 8

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 2D
Sampling Date:
11/19/2020
Plot Area: 97m2 (-10m x 10m)
Plot Type: Fixed
X-axis: 75°E
Woody invasive/exotic stem count:
Plot notes:
0
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
X
(m)
Y
(m)
Source
(Planted or
volunteer)
Height
(in.)
Age
(based on year
planted or first
observed)
Notes/ DBH (cm)
87
Taxodium distichum (bald cypress)
1.0
1.0
P
29
3
1.1
88
Taxodium distichum (bald cypress)
2.6
0.0
P
22
3
0.9
89
Fraxinus pennsylvanica (green ash)
7.2
0.2
P
38
3
1.4
90
Fraxinus pennsylvanica (green ash)
9.8
3.0
P
30
3
1.2
91
Taxodium distichum (bald cypress)
8.1
3.0
P
43
2
1.8
92
Fraxinus pennsylvanica (green ash)
5.6
1.8
P
50
3
1.9
93
Quercus phellos (willow oak)
6.5
3.5
P
90
3
1.2
94
Quercus sp. (oak species)
5.5
2.7
P
NA
NA
Missing
95
Fraxinus pennsylvanica (green ash)
4.3
2.5
P
54
3
1.4
96
Fraxinus pennsylvanica (green ash)
2.9
2.6
P
39
3
1.2
97
Fraxinus pennsylvanica (green ash)
2.3
2.9
P
29
3
1.6
98
Fraxinus pennsylvanica (green ash)
1.2
2.2
P
30
3
1.3
99
Fraxinus pennsylvanica (green ash)
1.3
4.0
P
39
3
1.6
100
Quercus phellos (willow oak)
4.8
3.9
P
72
3
1.3
101
Fraxinus pennsylvanica (green ash)
5.8
4.2
P
49
3
1.6
102
Quercus phellos (willow oak)
8.3
4.2
P
41
3
1.4
103
Fraxinus pennsylvanica (green ash)
8.2
4.8
P
64
3
0.7
104
Quercus phellos (willow oak)
6.9
5.3
P
70
3
0.4
105
Quercus sp. (oak species)
3.3
5.2
P
53
NA
1.1
106
Fraxinus pennsylvanica (green ash)
1.6
6.3
P
30
3
1
107
Fraxinus pennsylvanica (green ash)
0.2
7.1
P
26
2
0.9
108
Quercus phellos (willow oak)
3.5
8.4
P
40
3
1.3
109
Quercus phellos (willow oak)
5.1
6.8
P
33
3
1
110
Taxodium distichum (bald cypress)
7.1
9.0
P
30
3
0.9
111
Taxodium distichum (bald cypress)
8.6
7.8
P
29
3
0.9
112
Quercus sp. (oak species)
5.9
8.6
P
NA
NA
Missing
Note: those stems with decreased heights assumed to have been foraged.
Page 9

Lowlands Wetland Mitigation Site MY3 Vegetation Monitoring
Plot 2D
Sampling Date:
11/19/2020
10.0
9.0
8.0
7.0
6.0
£ 5.0
>-
4.0
3.0
2.0
1.0
0.0
00
1.0
20
30
Plot 2D
4.0
50
X (m)
60
OTree Location • Missing
70
80
90
10.0
ditch/channel
ditch plug lu IN
Page 10

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 3A
Sampling Date:
11/10/2020
Plot Area: 98m2 (-10m x 10m)
Plot Type: Fixed
X-axis: 280 ° W
Woody invasive/exotic stem count: 0
Plot notes: Volunteers - Acer rubrum (2), Baccharus (2)
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
X
(m)
Y
(m)
Source
(Planted or
volunteer)
Height
(in.)
Age
(based on year
planted or first
observed)
Notes/ DBH (cm)
1
Quercus nigra (water oak)
1.5
2.7
P
98
3
2
Quercus nigra (water oak)
2.9
3.0
P
35
3
3
Quercus nigra (water oak)
5.0
1.7
P
NA
NA
Dead
4
Quercus nigra (water oak)
6.0
0.5
P
29
3
1
5
Quercus nigra (water oak)
9.2
0.8
P
NA
NA
Dead
6
Quercus nigra (water oak)
4.0
8.0
P
46
3
1.8
7
Fraxinus pennsylvanica (green ash)
2.0
5.8
P
88
3
1.2
8
Betula nigra (river birch)
8.4
4.1
P
66
3
0.4
9
Fraxinus pennsylvanica (green ash)
8.4
4.3
P
38
3
1.6
10
Fraxinus pennsylvanica (green ash)
7.3
4.1
P
74
3
0.9
11
Quercus phellos (willow oak)
3.7
4.0
P
64
3
0.3
12
Fraxinus pennsylvanica (green ash)
3.7
4.6
P
55
3
0.4
13
Fraxinus pennsylvanica (green ash)
1.1
5.1
P
NA
NA
Missing
14
Quercus phellos (willow oak)
2.0
4.2
P
105
3
1.6
15
Quercus nigra (water oak)
1.0
3.9
P
39
3
1.4
16
Fraxinus pennsylvanica (green ash)
2.0
6.7
P
48
3
1.6
17
Quercus nigra (water oak)
8.0
6.9
P
80
3
0.6
18
Fraxinus pennsylvanica (green ash)
5.0
3.5
P
NA
NA
Missing
19
Fraxinus pennsylvanica (green ash)
6.0
4.5
P
50
3
2.1
20
Quercus nigra (water oak)
3.0
8.1
P
NA
NA
Missing
21
Fraxinus pennsylvanica (green ash)
2.5
8.6
P
55
3
0.5
22
Fraxinus pennsylvanica (green ash)
1.0
8.4
P
56
3
0.4
Coordinates corrected in MY2
Note: those stems with decreased heights assumed to have been foraged.
Page 11

Lowlands Wetland Mitigation Site MY3 Vegetation Monitoring
Plot 3A
Sampling Date:
11/10/2020
10.0
9.0
8.0
7.0
6.0
£ 5.0
>-
4.0
3.0
2.0
1.0
0.0
o
O
o
Plot 3A
® p
o
o
00
1 0 2.0
o
0
3.0 4.0
5.0
X (m)
6.0 7 0 8 0 9 0 10.0
OTree Location X Dead • Missing
doh
Guin Road
Plot 3
iN
Page 12

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 3B
Sampling Date:
11/10/2020
Plot Area: 99m2 (-10m x 10m)
Plot Type: Fixed
X-axis: 280°W
Woody invasive/exotic stem count:
Plot notes:
0
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
X
(m)
Y
(m)
Source
(Planted or
volunteer)
Height
(in.)
Age
(based on year
planted or first
observed)
Notes/ DBH (cm)
23
Fraxinus pennsylvanica (green ash)
3.8
0.3
P
41
3
1.9
24
Fraxinus pennsylvanica (green ash)
7.5
1.2
P
46
3
1.9
25
Quercus phellos (willow oak)
8.5
0.2
P
72
3
0.5
26
Quercus nigra (water oak)
9.2
1.5
P
NA
3
Missing
27
Quercus phellos (willow oak)
6.8
1.4
P
92
3
1
28
Betula nigra (river birch)
4.7
1.5
P
60
3
0.2
29
Betula nigra (river birch)
2.7
1.7
P
34
3
0.8
30
Fraxinus pennsylvanica (green ash)
2.6
1.4
P
41
3
1.2
31
Betula nigra (river birch)
1.0
2.4
P
96
3
1
32
Fraxinus pennsylvanica (green ash)
1.2
2.7
P
42
3
2
33
Quercus phellos (willow oak)
3.0
2.7
P
38
3
1.5
34
Betula nigra (river birch)
5.5
1.8
P
59
3
0.2
35
Fraxinus pennsylvanica (green ash)
4.0
3.1
P
39
3
1.8
36
Fraxinus pennsylvanica (green ash)
7.5
4.7
P
NA
3
Missing
37
Betula nigra (river birch)
7.3
2.8
P
NA
1
Missing
38
Fraxinus pennsylvanica (green ash)
5.5
4.4
P
65
NA
0.9
39
Quercus phellos (willow oak)
3.5
6.3
P
65
3
0.4
40
Betula nigra (river birch)
2.5
4.4
P
24
3
0.7
41
Betula nigra (river birch)
2.5
6.6
P
40
3
1.3
42
Fraxinus pennsylvanica (green ash)
1.2
5.0
P
78
3
1.1
43
Fraxinus pennsylvanica (green ash)
0.5
6.1
P
43
3
1.9
44
Betula nigra (river birch)
0.7
9.0
P
105
3
1.3
45
Betula nigra (river birch)
1.3
7.8
P
119
3
1.5
46
Quercus nigra (water oak)
3.1
7.9
P
NA
NA
Dead
47
Betula nigra (river birch)
6.2
7.4
P
63
1
0.3
48
Cephalanthus occidentalis (buttonbush)
6.3
6.6
P
82
3
1
49
Cephalanthus occidentalis (buttonbush)
4.1
9.0
P
NA
NA
Missing
500
Betula nigra (river birch)
3.5
6.1
P
45
3
1.3
Note: those stems with decreased heights assumed to have been foraged.
Page 13

Lowlands Wetland Mitigation Site MY3 Vegetation Monitoring
Plot 3B
Sampling Date:
11 / 10/2020
r
10.0
9.0
8.0
7.0
6.0
5.0
4.0
3.0
2.0
1.0
0.0
Plot 3B
34
28 27 24
23 Q
0.0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9 0 10.0
X (m)
OTree Location X Dead • Missing
Guin Road
doh
Plot 3
Page 14

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 3C
Sampling Date:
11/10/2020
Plot Area: 99m2 (-10m x 10m)
Plot Type: Fixed
X-axis: 280°W
Woody invasive/exotic stem count: 0
Plot notes: Volunteers - Diospyros virginiana; (1), Pinus
taeda (2), Baccharus (1)
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
X
(m)
Y
(m)
Source
(Planted or
volunteer)
Height
(in.)
Age
(based on year
planted or first
observed)
Notes/ DBH (cm)
50
Betula nigra (river birch)
4.5
0.6
P
72
3
0.4
51
Cephalanthus occidentalis (buttonbush)
7.1
1.0
P
76
3
0.5
52
Fraxinus pennsylvanica (green ash)
5.4
1.8
P
61
3
0.5
53
Betula nigra (river birch)
4.8
1.3
P
54
3
1.7
54
Betula nigra (river birch)
2.3
1.5
P
76
3
0.5
55
Betula nigra (river birch)
1.4
3.7
P
36
3
0.9
56
Betula nigra (river birch)
2.0
3.6
P
50
3
1.9
57
Fraxinus pennsylvanica (green ash)
4.0
3.1
P
61
3
0.5
58
Fraxinus pennsylvanica (green ash)
8.0
5.0
P
74
3
0.7
59
Cephalanthus occidentalis (buttonbush)
5.9
5.4
P
63
3
0.5
60
Fraxinus pennsylvanica (green ash)
2.4
4.9
P
27
1
0.8
61
Fraxinus pennsylvanica (green ash)
1.5
6.9
P
34
3
1.5
62
Quercus nigra (water oak)
0.5
6.3
P
79
3
0.9
63
Quercus nigra (water oak)
1.0
9.0
P
45
3
1.5
64
Fraxinus pennsylvanica (green ash)
2.4
9.1
P
30
3
1.6
65
Quercus nigra (water oak)
4.0
6.6
P
NA
3
Missing
Coordinates corrected in MY2
Note: those stems with decreased heights assumed to have been foraged.
Page 15

Lowlands Wetland Mitigation Site MY3 Vegetation Monitoring
Plot 3C
Sampling Date:
11/10/2020
>-
10.0
9.0
8.0
7.0
6.0
5.0
4.0
3.0
2.0
1.0
0.0
Plot 3C
o
o
0
00
1.0 2.0
3.0 4.0
5.0 6.0
X (m)
OTree Location • Missing
7.0 8.0
9.0 10.0
doh
Guin Road
Plot 3
iN
Page 16

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 3D
Sampling Date:
11/10/2020
Plot Area: 99m2 (-10m x 10m)
Plot Type: Fixed
X-axis: 280 ° W
Woody invasive/exotic stem count: 0
Plot notes: Volunteers: Typha sp.
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
X
(m)
Y
(m)
Source
(Planted or
volunteer)
Height
(in.)
Age
(based on year
planted or first
observed)
Notes/ dbh (cm)
66
Cephalanthus occidentalis (buttonbush)
1.8
0.5
P
98
3
1.3
67
Fraxinus pennsylvanica (green ash)
4.1
0.5
P
47
3
2.1
68
Fraxinus pennsylvanica (green ash)
9.4
0.2
P
52
3
1.9
69
Fraxinus pennsylvanica (green ash)
9.2
0.5
P
48
3
1.5
70
Betula nigra (river birch)
8.0
1.0
P
39
3
0.9
71
Fraxinus pennsylvanica (green ash)
6.2
1.8
P
32
3
0.8
72
Fraxinus pennsylvanica (green ash)
4.6
2.0
P
58
3
0.9
73
Quercus nigra (water oak)
3.1
2.5
P
66
3
0.6
74
Fraxinus pennsylvanica (green ash)
2.4
2.3
P
65
3
1.1
75
Quercus nigra (water oak)
1.0
4.6
P
80
3
0.9
76
Fraxinus pennsylvanica (green ash)
3.1
4.4
P
54
3
2
77
Betula nigra (river birch)
6.1
4.8
P
90
3
1
78
Betula nigra (river birch)
5.2
7.5
P
86
3
1
79
Fraxinus pennsylvanica (green ash)
3.8
7.9
P
61
3
0.8
80
Fraxinus pennsylvanica (green ash)
2.2
6.9
P
38
3
Die back 1.5
81
Quercus phellos (willow oak)
2.0
6.4
P
62
3
0.3
82
Quercus nigra (water oak)
0.8
6.4
P
111
3
0.8
83
Quercus nigra (water oak)
0.0
8.1
P
105
3
1.1
84
Fraxinus pennsylvanica (green ash)
1.5
8.8
P
44
3
1.7
85
Fraxinus pennsylvanica (green ash)
3.9
5.9
P
39
3
1.4
86
Fraxinus pennsylvanica (green ash)
4.2
3.5
P
45
3
1.5
501
Cephalanthus occidentalis (buttonbush)
3.2
4.5
P
NA
NA
Dead
Note: those stems with decreased heights assumed to have been foraged.
Page 17

Lowlands Wetland Mitigation Site MY3 Vegetation Monitoring
Plot 3D
Sampling Date:
11/10/2020
>-
10.0
9.0
8.0(
7.0
6.0
5.0
4.0
3.0
2.0
1.0
0.0
Plot 3D
00
1.0 2.0
3.0 4.0
5.0
X (m)
OTree Location X Dead
6.0
70 80
9.0 10.0
doh
Guin Road
Plot 3
IN
Page 18

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 4A
Sampling Date:
11/10/2020
Plot Area: 99m2 (-10m x 10m)
Plot Type: Fixed
X-axis: 290°W
Woody invasive/exotic stem count: 0
Plot notes: Volunteers: Diospyros virginiana (1), Ulmus sp. (1),
Baccharrus sp. (1)
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
X
(m)
Y
(m)
Source
(Planted or
volunteer)
Height
(in.)
Age
(based on year
planted or first
observed)
Notes/ DBH (cm)
1
Nyssa sylvatica (black gum)
1.7
1.2
P
NA
NA
Dead
2
Nyssa sylvatica (black gum)
3.8
0.4
P
NA
NA
Dead
3
Quercus phellos (willow oak)
5.9
1.8
P
137
3
2.1
4
Quercus nigra (water oak)
8.1
1.7
P
94
3
3
5
Quercus phellos (willow oak)
9.8
0.8
P
91
3
1.4
6
Quercus phellos (willow oak)
3.8
2.6
P
100
3
1.6
7
Quercus phellos (willow oak)
2.4
3.0
P
100
3
1.5
8
Quercus phellos (willow oak)
0.1
2.6
P
109
3
2.1
9
Quercus nigra (water oak)
1.5
6.9
P
52
2
0.9
10
Betula nigra (river birch)
3.6
6.7
P
111
3
2.4
11
Betula nigra (river birch)
5.4
6.7
P
113
3
2
12
Quercus nigra (water oak)
7.1
6.6
P
102
3
1.9
13
Quercus nigra (water oak)
8.3
6.6
P
113
3
2.7
14
Betula nigra (river birch)
9.8
6.2
P
98
3
1.3
15
Fraxinus pennsylvanica (green ash)
9.7
7.7
P
79
3
1.2
16
Betula nigra (river birch)
7.6
8.8
P
96
2
1.9
17
Quercus nigra (water oak)
5.7
9.3
P
84
3
1.3
18
Quercus nigra (water oak)
4.5
10.0
P
NA
NA
Missing
19
Quercus nigra (water oak)
0.8
9.0
P
82
3
0.8
20
Quercus nigra (water oak)
7.6
10.5
P
NA
3
Missing
21
Quercus phellos (willow oak)
8.3
10.2
P
82
3
1.2
22
Betula nigra (river birch)
9.9
8.7
P
111
3
1.8
23
Quercus nigra (water oak)
8.4
10.0
P
74
3
0.6
500
Quercus falcata (southern red oak)
5.3
1.3
V
56
2
0.4
501
Quercus falcata (southern red oak)
4.9
2.6
V
68
2
0.8
502
Quercus phellos (willow oak)
9.2
9.3
P
78
2
0.9
Note: those stems with decreased heights assumed to have been foraged.
Page 19

Lowlands Wetland Mitigation Site MY3 Vegetation Monitoring
Plot 4A
Sampling Date:
11/10/2020
10.0
9.0
8.0
7.0
6.0
5.0
4.0
3.0
2.0
1.0
0.0
00 10
2 0 3.0
Gull') Road
Plot 4A
18
17
16
10 11 12 13
6
x
4.0 5.0
X (m)
6.0
14
OTree Location X Dead • Missing
Plot 4
7.0 8.0
farm road
9.0 10.0
i.
Page 20

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 4B
Sampling Date:
11/10/2020
Plot Area: 101m2 (-10m x 10m)
Plot Type: Fixed
X-axis: 290 ° W
Woody invasive/exotic stem count: 0
Plot notes: Volunteers: Acer rubrum (10), Baccharus sp.
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
X
(m)
Y
(m)
Source
(Planted or
volunteer)
Height
(in.)
Age
(based on year
planted or first
observed)
Notes/ DBH (cm)
24
Betula nigra (river birch)
1.6
3.4
P
58
3
0.2
25
Betula nigra (river birch)
3.7
3.3
P
96
3
1.1
26
Betula nigra (river birch)
5.7
3.1
P
111
3
2.4
27
Betula nigra (river birch)
7.8
3.3
P
66
3
0.4
28
Quercus nigra (water oak)
8.6
5.2
P
58
3
0.4
29
Quercus nigra (water oak)
7.0
5.4
P
79
3
0.7
30
Quercus nigra (water oak)
4.9
5.7
P
52
3
2.2
31
Betula nigra (river birch)
4.0
6.0
P
68
3
0.4
32
Quercus nigra (water oak)
2.9
5.1
P
66
3
0.7
33
Betula nigra (river birch)
1.7
6.0
P
55
3
0.2
34
Quercus nigra (water oak)
2.7
8.5
P
12
3
0.7
35
Quercus nigra (water oak)
4.4
7.9
P
44
3
1.4
36
Quercus nigra (water oak)
7.2
7.7
P
45
3
1
37
Quercus sp. (oak species)
8.3
8.8
P
NA
NA
Missing
503
Quercus rubra (northern red oak)
5.4
1.6
V
29
2
1.1
Note: those stems with decreased heights assumed to have been foraged.
Page 21

Lowlands Wetland Mitigation Site MY3 Vegetation Monitoring
Plot 4B
Sampling Date:
11/10/2020
10.0
9.0
8.0
7.0
6.0
5.0
4.0
3.0
2.0
1.0
0.0
Plot 4B
34
35
30
36
29)
(27
0
0 0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0
X (m)
OTree Location • Missing
Guin Road
Plot 4
farm road
Page 22

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 4C
Sampling Date:
11/05/2020
Plot Area: 98m2 (-10m x 10m)
Plot Type: Fixed
X-axis: 290°W
Woody invasive/exotic stem count: 0
Plot notes: Volunteers: Acer rubrum (1)
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
X
(m)
Y
(m)
Source
(Planted or
volunteer)
Height
(in.)
Age
(based on year
planted or first
observed)
Notes/ DBH (cm)
38
Quercus nigra (water oak)*
0.0
0.5
P
104
3
1.9
39
Quercus nigra (water oak)
3.1
1.5
P
111
3
2.1
40
Quercus phellos (willow oak)
5.6
1.9
P
109
3
1.8
41
Nyssa sylvatica (black gum)
8.5
1.2
P
53
3
1.9
42
Nyssa sylvatica (black gum)
7.9
4.4
P
51
3
1.9
43
Quercus nigra (water oak)
5.4
3.3
P
59
3
2
44
Quercus phellos (willow oak)
5.6
4.4
P
109
3
1.5
45
Quercus nigra (water oak)
2.7
3.6
P
93
3
1.9
46
Quercus nigra (water oak)
1.4
4.6
P
105
3
1.3
47
Quercus nigra (water oak)
4.8
5.3
P
96
3
1.1
48
Quercus nigra (water oak)
6.3
6.1
P
148
3
2.6
49
Nyssa sylvatica (black gum)
7.1
6.1
P
30
3
0.7
50
Quercus phellos (willow oak)
9.6
8.1
P
100
3
1.9
51
Quercus phellos (willow oak)*
7.8
7.3
P
64
3
0.3
52
Nyssa sylvatica (black gum)
5.9
7.4
P
NA
NA
Dead
53
Quercus nigra (water oak)
3.4
6.8
P
111
3
2
54
Quercus nigra (water oak)
1.6
7.5
P
102
3
1.4
55
Nyssa sylvatica (black gum)
1.8
9.9
P
23
3
0.8
56
Nyssa sylvatica (black gum)
3.6
8.9
P
57
3
0.4
57
Nyssa sylvatica (black gum)
4.9
8.6
P
56
3
0.4
58
Nyssa sylvatica (black gum)
9.6
10.2
P
41
3
0.9
*Species identified differently in MY2 than in MY1
Note: those stems with decreased heights assumed to have been foraged.
Page 23

Lowlands Wetland Mitigation Site MY3 Vegetation Monitoring
Plot 4C
Sampling Date:
11/05/2020
10.0
9.0
8.0
7.0
6.0
E
r
5.0
4.0
3.0
2.0
1.0
0.0
54
46
0.0
Plot 4C
56
4sa
1.0 2.0
3.0 4.0
5.0
X (m)
OTree Location X Dead
6.0
7.0 8.0
9.0 10.0
Page 24

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 4D
Sampling Date:
11/05/2020
Plot Area: 100m2 (-10m x 10m)
Plot Type: Fixed
X-axis: 290 ° W
Woody invasive/exotic stem count: 0
Volunteers - Populus detoidies (4) Salix
Plot notes: nigra (2), Pinus taeda (1), Baccharus sp.(4)
Blackberry <2%
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
X
(m)
Y
(m)
Source
(Planted or
volunteer)
Height
(in.)
Age
(based on year
planted or first
observed)
Notes/ DBH (cm)
59
Nyssa sylvatica (black gum)
0.5
0.6
P
53
3
1.5
60
Nyssa sylvatica (black gum)
2.6
1.3
P
22
3
0.8
61
Nyssa sylvatica (black gum)
4.4
2.6
P
21
3
0.7
62
Nyssa sylvatica (black gum)
6.2
1.5
P
24
3
0.8
63
Nyssa sylvatica (black gum)
7.9
1.3
P
45
1
0.6
64
Quercus nigra (water oak)
8.2
6.8
P
24
3
0.7
65
Nyssa sylvatica (black gum)
6.9
6.7
P
39
1
1
66
Nyssa sylvatica (black gum)
3.7
6.0
P
39
3
0.8
67
Quercus nigra (water oak)
2.4
6.3
P
84
3
1
68
Cercis canadensis (redbud)
1.0
7.0
P
15
3
0.6
69
Quercus nigra (water oak)
7.4
9.5
P
51
3
1.3
70
Nyssa sylvatica (black gum)
9.8
6.6
P
NA
NA
Missing
Note: those stems with decreased heights assumed to have been foraged.
Page 25

Lowlands Wetland Mitigation Site MY3 Vegetation Monitoring
Plot 4D
Sampling Date:
11/05/2020
10.0
9.0
8.0
7.0
6.0
I } 5.0
4.0
3.0
2.0
1.0
0.0
Plot 4D
0 0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0
X (m)
OTree Location • Missing
Page 26

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 5A
Sampling Date:
11/05/2020
Plot Area: 103m2 (-10m x 10m)
Plot Type: Fixed
X-axis: 110°E
Woody invasive/exotic stem count: 0
Plot notes: Quercus michauxii
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
X
(m)
Y
(m)
Source
(Planted or
volunteer)
Height
(in.)
Age
(based on year
planted or first
observed)
Notes/ DBH (cm)
1
Quercus michauxii (swamp chestnut oak)
1.2
0.4
P
43
3
1
2
Taxodium distichum (bald cypress)
1.1
2.8
P
45
3
2.3
3
Quercus michauxii (swamp chestnut oak)
0.9
5.8
P
45
3
1.3
4
Betula nigra (river birch)
0.8
7.4
P
67
3
0.4
5
Betula nigra (river birch)
3.1
7.5
P
92
3
1.1
6
Taxodium distichum (bald cypress)
3.1
5.4
P
NA
NA
Missing
7
Quercus nigra (water oak)
3.4
3.7
P
52
3
1.5
8
Quercus nigra (water oak)
3.8
0.6
P
80
2
0.8
9
Quercus michauxii (swamp chestnut oak)
6.7
0.5
P
NA
NA
Missing
10
Taxodium distichum (bald cypress)
6.2
2.9
P
NA
NA
Missing
11
Quercus nigra (water oak)
5.7
5.7
P
77
3
0.7
12
Nyssa sylvatica (black gum)
5.9
8.3
P
NA
NA
Missing
13
Betula nigra (river birch)
8.4
8.6
P
63
3
0.3
14
Quercus nigra (water oak)
8.1
7.0
P
77
3
0.8
15
Quercus nigra (water oak)
8.6
4.6
P
41
3
1
16
Taxodium distichum (bald cypress)
9.0
1.3
P
38
2
2.3
17
Taxodium distichum (bald cypress)
10.4
6.2
P
43
3
2.3
Note: those stems with decreased heights assumed to have been foraged.
Page 27

Lowlands Wetland Mitigation Site MY3 Vegetation Monitoring
Plot 5A
Sampling Date:
11/05/2020
10.0
9.0
8.0
7.0
6.0
5.0
4.0
3.0
2.0
1.0
0.0
o
®
®
•
Plot 5A
o
o
o
o
00
10 20
Guin Road
3.0 4 0
5 0 6.0
X (m)
OTree Location • Missing
7.0 8.0
farm road
9.0 10.0
Page 28

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 5B
Sampling Date:
11/05/2020
102m2 (-10m x 10m)
Fixed
110°E
Woody invasive/exotic stem count:
Plot notes: Typha sp.
0
CURRENT MONITORING YEAR DATA
Scientific Name
X
(m)
Y
(m)
Source
(Planted or
volunteer)
Height
(in.)
Age
(based on
year planted
or first
observed)
Notes/ DBH (cm)
Taxodium distichum (bald cypress)
1.1
2.1
P
34
3
1.4
Taxodium distichum (bald cypress)
0.4
4.2
P
30
3
1.4
Taxodium distichum (bald cypress)
1.4
7.5
P
43
3
2.8
Betula nigra (river birch)
0.3
9.5
P
38
3
1.1
Taxodium distichum (bald cypress)
3.9
8.0
P
35
3
1.9
Quercus nigra (water oak)
2.4
4.6
P
NA
NA
Dead
Quercus phellos (willow oak)
3.7
2.3
P
NA
NA
Missing
Taxodium distichum (bald cypress)
4.5
0.0
P
39
3
0.9
Taxodium distichum (bald cypress)
7.0
0.4
P
21
3
1.2
Quercus nigra (water oak)
6.5
2.7
P
65
3
0.6
Taxodium distichum (bald cypress)
4.8
5.3
P
NA
NA
Dead
Quercus michauxii (swamp chestnut oak)
7.2
6.1
P
18
3
0.6
Quercus nigra (water oak)
6.0
8.1
P
NA
NA
Dead
Quercus nigra (water oak)
8.3
8.5
P
NA
NA
Dead
Taxodium distichum (bald cypress)
9.2
6.0
P
NA
NA
Missing
Taxodium distichum (bald cypress)
8.7
3.2
P
44
2
0.9
Taxodium distichum (bald cypress)
8.9
0.8
P
39
3
1
Note: those stems with decreased heights assumed to have been foraged.
Page 29

Lowlands Wetland Mitigation Site MY3 Vegetation Monitoring
Plot 5B
Sampling Date:
11/05/2020
10.0
9.0
8.0
7.0
6.0
5.0
4.0
l`5
0
Plot 5B
kjl
0
26
0.0 25
0.0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0
X(m)
OTree Location X Dead • Missing
Guin Road
Plot 5
3
Q)
al
Q
Page 30

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 5C
Sampling Date:
11/05/2020
Plot Area: 103m2 (-10m x 10m)
Plot Type: Fixed
X-axis: 110°E
Woody invasive/exotic stem count: 0
Plot notes: Volunteers - Typha sp.
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
X
(m)
Y
(m)
Source
(Planted or
volunteer)
Height
(in.)
Age
(based on year
planted or first
observed)
Notes/ DBH (cm)
35
Nyssa sylvatica (black gum)
0.6
0.2
P
NA
NA
Missing
36
Fraxinus pennsylvanica (green ash)
1.5
3.4
P
40
3
2.3
37
Betula nigra (river birch)
0.6
8.5
P
43
3
2
38
Nyssa sylvatica (black gum)
3.5
8.1
P
14
3
1
39
Nyssa sylvatica (black gum)
2.8
6.3
P
NA
NA
Missing
40
Fraxinus pennsylvanica (green ash)
3.4
3.6
P
32
3
1
41
Nyssa sylvatica (black gum)
2.7
0.6
P
16
3
0.5
42
Nyssa sylvatica (black gum)
4.7
1.2
P
18
3
0.7
43
Fraxinus pennsylvanica (green ash)
5.3
3.6
P
49
3
2.1
44
Nyssa sylvatica (black gum)
4.9
6.2
P
16
3
0.6
45
Quercus phellos (willow oak)
6.0
8.6
P
88
3
1.4
46
Fraxinus pennsylvanica (green ash)
8.7
7.6
P
32
3
0.8
47
Fraxinus pennsylvanica (green ash)
8.6
5.1
P
40
3
1.5
48
Nyssa sylvatica (black gum)
9.3
1.9
P
21
3
0.7
49
Fraxinus pennsylvanica (green ash)
10.3
5.7
P
59
3
0.8
50
Nyssa sylvatica (black gum)
7.1
1.6
P
NA
NA
Missing
501
Nyssa sylvatica (black gum)
1.5
6.2
V
12
3
1.1
Note: those stems with decreased heights assumed to have been foraged.
Page 31

Lowlands Wetland Mitigation Site MY3 Vegetation Monitoring
Plot 5C
Sampling Date:
11/05/2020
10.0
9.0
8.0
7.0
6.0
£ 5.0
>-
4.0
3.0
2.0
1.0
0.0
00
10 20
Gel Road
3 0 4.0
Plot 5C
5.0 6.0
X (m)
OTree Location • Missing
7.0 8.0
farm road
9.0 10.0
0
cu
0_
Page 32

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 5D
Sampling Date:
11/05/2020
Plot Area: 102m2 (-10m x 10m)
Plot Type: Fixed
X-axis: 110°E
Woody invasive/exotic stem count: 0
Plot notes: Volunteers: Salix nigra (1), Betula nigra (1),
Fraxinus pennsyvanica (1)
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
X
(m)
Y
(m)
Source
(Planted or
volunteer)
Height
(in.)
Age
(based on year
planted or first
observed)
Notes/ DBH (cm)
51
Quercus phellos (willow oak)
0.5
3.0
P
75
3
1.1
52
Fraxinus pennsylvanica (green ash)
1.0
6.4
P
80
3
1
53
Nyssa sylvatica (black gum)
1.4
9.5
P
20
2
0.7
54
Nyssa sylvatica (black gum)
3.8
9.9
P
20
1
0.6
55
Betula nigra (river birch)
3.0
0.0
P
NA
NA
Missing
56
Quercus phellos (willow oak)
2.5
4.0
P
90
3
1.5
57
Betula nigra (river birch)
2.3
0.4
P
52
3
1.8
58
Fraxinus pennsylvanica (green ash)
4.4
1.2
P
40
3
1.9
59
Quercus phellos (willow oak)
4.9
4.2
P
107
3
2.1
60
Betula nigra (river birch)
5.0
7.2
P
55
3
0.1
61
Betula nigra (river birch)
8.3
7.4
P
NA
NA
Dead
62
Betula nigra (river birch)
10.0
7.7
P
NA
NA
Missing
63
Quercus sp. (oak species)
9.3
3.3
P
51
3
1
64
Betula nigra (river birch)
9.0
0.6
P
82
2
0.8
65
Betula nigra (river birch)
6.9
0.7
P
65
3
0.4
66
Quercus phellos (willow oak)*
7.1
3.5
P
52
2
1.8
67
Betula nigra (river birch)
6.7
7.2
P
NA
3
Missing
500
Nyssa sylvatica (black gum)
0.1
8.7
P
13
3
0.9
*Species identified differently in MY2 than in MY1
Note: those stems with decreased heights assumed to have been foraged.
Page 33

Lowlands Wetland Mitigation Site MY3 Vegetation Monitoring
Plot 5D
Sampling Date:
11/05/2020
10.0
9.0
8.0
7.0
6.0
5.0
4.0
3.0
2.0
1.0
0
Plot 5D
0
0
0.0 W
00 10 20 30 40 50 60 7.0 80 9.0 10.0
X (m)
fjl
OTree Location X Dead • Missing
Guin Road
farm road
Plot 5
3
0
0
v
Q.
Page 34

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 6A
Sampling Date:
11/19/2020
Plot Area: 91m2 (-10m x 10m)
Plot Type: Fixed
X-axis: 65°E
Woody invasive/exotic stem count: 0
Plot notes: Volunteers: Callicarpa americana (1), Baccharus
sp (3), Liquidambar styraciflua (1)
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
X
(m)
Y
(m)
Source
(Planted or
volunteer)
Height
(in.)
Age
(based on year
planted or first
observed)
Notes/ DBH (cm)
1
Taxodium distichum (bald cypress)
0.3
2.6
P
36
3
0.7
2
Betula nigra (river birch)
4.1
3.0
P
69
3
0.3
3
Nyssa sylvatica (black gum)
7.1
3.3
P
19
3
0.8
500
Nyssa sylvatica (black gum)
1.1
1.2
V
55
3
0.3
501
Nyssa sylvatica (black gum)
4.5
0.8
V
NA
NA
Dead
502
Quercus phellos (willow oak)
10.0
0.7
V
98
3
0.9
503
Taxodium distichum (bald cypress)
7.5
6.2
P
20
3
0.4
504
Taxodium distichum (bald cypress)
7.0
8.0
P
21
3
0.6
Note: those stems with decreased heights assumed to have been foraged.
Existing tree species in Plot 6 (sub -plots A and B):
Acer rubrum (red maple)
Ilex opaca (American holly)
Pinus taeda (loblolly pine)
Quercus rubra (red oak)
Ulmus alata (winged elm)
Sambucus canadensis (elderberry)
Callicarpa americana (beauty berry)
Volunteers:
Callicarpa americana (beauty berry)
Liquidambar styraciflua (sweetgum)
Quercus stellata (post oak)
Blueberry (Vaccinium)
Page 35

Lowlands Wetland Mitigation Site MY3 Vegetation Monitoring
Plot 6A
Sampling Date:
11/19/2020
10.0
9.0
8.0
7.0
6.0
5.0
>-
4.0
3.0
2.0
1.0
0.0
o
Plot 6A
O
00 10 20 3.0
4.0 5.0
X (m)
O Tree Location X Dead
6.0
7.0 8.0
ditch
9.0 10.0
iN
cut line
Plot 6 /•
B
X (0,0)
Y
A
Page 36

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 6B
Sampling Date:
11/19/2020
Plot Area: 93m2 (-10m x 10m)
Plot Type: Fixed
X-axis: 65°E
Woody invasive/exotic stem count: Volunteers: Baccharus sp. (2), Liquidambar
Plot notes: styraciflua (1), Quercus rubra (2), Sambucus
canadensis (8), Ulmus alata (1)
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
X
(m)
Y
(m)
Source
(Planted or
volunteer)
Height
(in.)
Age
(based on year
planted or first
observed)
Notes/ DBH (cm)
4
Cercis canadensis (redbud)*
0.1
2.1
P
18
3
0.5
5
Cercis canadensis (redbud)*
3.6
2.8
P
22
3
0.8
6
Taxodium distichum (bald cypress)
6.3
2.9
P
33
3
0.7
7
Betula nigra (river birch)
9.2
3.0
P
117
3
1.1
505
Quercus nigra (water oak)
3.2
2.6
V
123
2
2.2
506
Quercus phellos (willow oak)
4.2
1.2
V
59
2
0.2
507
Quercus phellos (willow oak)
5.2
0.7
V
115
2
1.8
508
Quercus phellos (willow oak)
2.7
0.3
V
86
2
0.9
509
Quercus nigra (water oak)
1.9
0.8
V
41
2
0.9
510
Quercus phellos (willow oak)
0.2
4.6
V
137
2
1.8
*Species identified differently in MY2 than in MY1
Note: those stems with decreased heights assumed to have been foraged.
Existing tree species in Plot 6 (sub -plots A and B):
Ilex americana (American holly)
Quercus phellos (willow oak)
Quercus nigra (water oak)
Acer rubrum (red maple)
Quercus rubra (red oak)
Page 37

Lowlands Wetland Mitigation Site MY3 Vegetation Monitoring
Plot 6B
Sampling Date:
11 / 19/2020
>-
10.0
9.0
8.0
7.0
6.0
5.0
4.0
3.0
2.0 O
1.0
0.0
Plot 6B
-®
7
00 10 20 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0
X(m)
OTree Location
I',
cut line
Plot 6
Page 38

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 7A
Sampling Date:
11/19/2020
Plot Area: 115m2 (-14.1 m x 8.3m)
Plot Type: Fixed
X-axis: 80°E
Woody invasive/exotic stem count: 0
Plot notes: Volunteers: Acer rubrum (4)
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
X
(m)
Y
(m)
Source
(Planted or
volunteer)
Height
(in.)
Age
(based on year
planted or first
observed)
Notes/ DBH (cm)
1
Nyssa sylvatica (black gum)
3.1
0.3
P
16
3
0.6
2
Nyssa sylvatica (black gum)
12.8
0.6
P
27
3
0.5
3
Nyssa sylvatica (black gum)
6.9
0.3
P
16
3
0.5
4
Cephalanthus occidcntalis (buttonbush)
V
NA
NA
Red maple
5
Ccphalanthus occidcntalis (buttonbush)
V
NA
NA
Red maple
6
Taxodium distichum (bald cypress)
3.8
8.1
P
46
3
1.8
7
Taxodium distichum (bald cypress)
7.3
7.5
P
36
3
1
8
Taxodium distichum (bald cypress)
10.3
7.5
P
43
3
1.8
9
Cephalanthus occidentalis (buttonbush)
8.6
7.5
P
NA
NA
Missing
10
Cephalanthus occidentalis (buttonbush)`
9.6
1.5
P
51
3
0.9
*Species identified differently in MY2 than in MY1
Note: those stems with decreased heights assumed to have been foraged.
Existing tree species:
Acer rubrum (red maple)
Ilex opaca (American holly)
Liquidambar styraciflua (sweet gum)
Pinus taeda (loblolly pine)
Volunteers:
Acer rubrum (red maple) - 2
Page 39

Lowlands Wetland Mitigation Site MY3 Vegetation Monitoring
Plot 7A
Sampling Date:
11/19/2020
r
10.0
9.0
8.0
7.0
6.0
5.0
4.0
3.0
2.0
1.0
0.0
Plot 7A
O
6
7
9 8
C
0 0 1.0 2.0 3.0 4.0 5.0 6 0 7.0 8 0 9 0 10.0 11.0 12.0
X (m)
OTree Location • Missing
ditch
Plot 7
Guin Road
D
X (0,0)
A
C
B
Y
iN
/ cut line
Page 40

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 7B
Sampling Date:
11/19/2020
Plot Area: 106m2 (-11.6m x 8.4m)
Plot Type: Fixed
X-axis: 80°E
Woody invasive/exotic stem count: 0
Plot notes: Volunteers: Nyssa sylvatica (1), Pinus taeda
(2), Ilex opaca (1)
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
X
(m)
Y
(m)
Source
(Planted or
volunteer)
Height
(in.)
Age
(based on year
planted or first
observed)
Notes/ DBH (cm)
11
Fraxinus pennsylvanica (green ash)
1.4
7.0
P
20
3
0.6
12
Fraxinus pennsylvanica (green ash)
4.9
7.1
P
33
3
1.1
13
Fraxinus pennsylvanica (green ash)
8.4
6.9
P
34
3
0.9
14
Taxodium distichum (bald cypress)
2.8
0.3
P
52
3
2.2
Existing tree species:
Acer rubrum (red maple)
Liquidambar styraciflua (sweet gum)
Pinus taeda (loblolly pine)
Volunteers:
Liquidambar styraciflua (sweetgum)
Page 41

Lowlands Wetland Mitigation Site MY3 Vegetation Monitoring
Plot 7B
Sampling Date:
11/19/2020
9.0
8.0
7.0
6.0
1 5.0
>-
4.0
3.0
2.0
1.0
0.0
U
Plot 7B
12
00 10 20 30 40 50 60 70 80 90 10.0
X (m)
OTree Location
ditch
Guin Road
cut line
Page 42

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 7C
Sampling Date:
11/19/2020
Plot Area: 120m2 (-14.1 m x 8.1 m)
Plot Type: Fixed
X-axis: 80°E
Woody invasive/exotic stem count: 0
Plot notes: Volunteers: Acer rubrum (7), Fraxinus
pennsylvanica ( )
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
X
(m)
Y
(m)
Source
(Planted or
volunteer)
Height
(in.)
Age
(based on year
planted or first
observed)
Notes/ DBH (cm)
15
Fraxinus pennsylvanica (green ash)
0.2
6.2
P
29
3
0.8
16
Quercus phellos (willow oak)*
3.4
6.3
P
39
3
0.9
17
Fraxinus pennsylvanica (green ash)
8.0
6.0
P
36
3
1.2
18
Fraxinus pennsylvanica (green ash)
10.6
6.3
P
32
3
1
19
Taxodium distichum (bald cypress)
12.5
2.0
P
25
3
0.6
20
Taxodium distichum (bald cypress)
9.5
2.7
P
48
3
1.7
21
Taxodium distichum (bald cypress)
5.3
1.0
P
32
3
1.3
22
Taxodium distichum (bald cypress)
2.5
0.0
P
31
3
1
500
Taxodium distichum (bald cypress)
7.2
2.3
P
20
3
0.7
501
Quercus phellos (willow oak)
6.5
1.1
P
NA
NA
Missing
*Species identified differently in MY2 than in MY1
Note: those stems with decreased heights assumed to have been foraged.
Existing tree species: Volunteers:
Pinus taeda (loblolly pine) NA
Acer rubrum (red maple)
Page 43

Lowlands Wetland Mitigation Site MY3 Vegetation Monitoring
Plot 7C
Sampling Date:
11/19/2020
10.0
9.0
8.0
7.0
15
6.0
5.0
>-
4.0
3.0
2.0
1.0
0.0
00
1.0
2.0
ditrh
3.0
4.0
Plot 7C
o •
5.0
6.0 7.0
X (m)
OTree Location • Missing
Plot 7
8.0
Guin Road
D
X (0,0)
A
C
B
Y
9.0
10.0
11.0
12.0
IN
/ cut line
Page 44

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 7D
Sampling Date:
11/19/2020
Plot Area: 129m2 (-14.1 m x 10.8m)
Plot Type: Fixed
X-axis: 80°E
Woody invasive/exotic stem count: 0
Plot notes: No volunteers
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
X
(m)
Y
(m)
Source
(Planted or
volunteer)
Height
(in.)
Age
(based on
year planted
or first
observed)
Notes/ DBH (cm)
23
Nyssa sylvatica (black gum)
1.5
2.0
P
NA
NA
Dead
24
Nyssa sylvatica (black gum)
4.2
2.1
P
27
3
0.6
25
Nyssa sylvatica (black gum)
10.0
2.9
P
NA
NA
Missing
26
Nyssa sylvatica (black gum)
12.6
1.0
P
32
3
0.7
Existing tree species: Volunteers:
Pinus taeda (loblolly pine) NA
Ilex opaca (American holly)
Liquidambar styraciflua (sweet gum)
Acer rubrum (red maple)
Page 45

Lowlands Wetland Mitigation Site MY3 Vegetation Monitoring
Plot 7D
Sampling Date:
11/19/2020
10.0
9.0
8.0
7.0
6.0
5.0
>-
4.0
3.0
2.0
1.0
is)
e
Plot 7D
0.0
0 0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0
X (m)
ditrh
OTree Location X Dead • Missing
Guin Road
Plot 7 NA
X (0,0)
D
A
C
B
Y
i,
cut line
Page 46

Lowlands Wetland Mitigation Site
MY3 Vegetation Monitoring
Plot 8
Sampling Date:
11/19/2020
Plot Area: 100m2 (-10m x 10m)
Plot Type: Random
invasive/exotic stem count:
Plot notes:
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
Source
(Planted or
volunteer)
Height
(in.)
Notes
1
Quercus phellos (willow oak)
P
80
2
Betula nigra (river birch)
P
68
3
Quercus nigra (water oak)
P
41
4
Betula nigra (river birch)
P
70
5
Betula nigra (river birch)
P
32
6
Betula nigra (river birch)
P
59
7
Betula nigra (river birch)
P
27
8
Quercus nigra (water oak)
P
84
9
Page 47

Lowlands Wetland Mitigation Site MY3 Supplemental Vegetation Monitoring
April 2021 - Plot 9
Sampling Date:
4/21/2021
Plot Area:--100m2 - 10m x 10m square
Plot Type: Random
Plot notes: Numerous beautyberry, 2 staghorn sumac;
remianing trees predate planting date
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
Source
(Planted or
volunteer)
Height
(in.)
Notes/Diameter (cm)
1
Quercus phellos (Willow oak)
P
25
0.9
2
Quercus phellos (Willow oak)
P
35
0.8
3
Quercus phellos (Willow oak)
P
16
0.2
4
Quercus phellos (Willow oak)
P
10
0.2
5
Nyssa Sylvatica (Black gum)
P
41
1.0
6
Fraxinus pennsylvanica (Green ash)
P
87
1.2
7
Fraxinus pennsylvanica (Green ash)
P
26
1.0
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
Ave. height 34.28571

Lowlands Wetland Mitigation Site MY3 Supplemental Vegetation Monitoring
April 2021 - Plot 10
Sampling Date:
4/21/2021
Plot Area:--100m2 - 10m x 10m square
Plot Type: Random
Plot notes: Numerous beautyberry >10
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
Source
(Planted or
volunteer)
Height
(in.)
Notes/Diameter (cm)
1
Nyssa sylvatica (Black gum)
P
60
0.4
2
Nyssa sylvatica (Black gum)
P
81
0.6
3
Nyssa sylvatica (Black gum)
P
41
0.6
4
Nyssa sylvatica (Black gum)
P
47
0.6
5
Nyssa sylvatica (Black gum)
P
24
0.4
6
Nyssa sylvatica (Black gum)
P
18
0.4
7
Nyssa sylvatica (Black gum)
P
40
0.6
8
Quercus phellos (Willow oak)
P
20
0.3
9
Quercus phellos (Willow oak)
P
17
0.6
10
Quercus phellos (Willow oak)
P
6
0.2
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40

Lowlands Wetland Mitigation Site MY3 Supplemental Vegetation Monitoring
April 2021 - Plot 11
Sampling Date:
4/21/2021
Plot Area: -100m2 - 10m x 10m square
Plot Type: Random
invasive/exotic stem count:
Plot notes:
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
Source
(Planted or
volunteer)
Height
(in.)
Notes/Diameter (cm)
1
Nyssa sylvatica (Black gum)
P
50
1.4
2
Fraxinus Pennsylvanica (Green ash)
P
19
0.5
3
Tadoxium distichum (Bald cypress)
P
30
0.6
4
Nyssa sylvatica (Black gum)
P
23
1.1
5
Tadoxium distichum (Bald cypress)
P
26
0.9
6
Tadoxium distichum (Bald cypress)
P
36
1.1
7
Tadoxium distichum (Bald cypress)
P
28
1.2
8
Tadoxium distichum (Bald cypress)
P
29
0.9
9
Tadoxium distichum (Bald cypress)
P
17
0.5
10
Quercus nigra (Water oak)
P
24
0.5
11
Quercus michauxii (Swamp chestnit oak)
P
10
0.3
12
Tadoxium distichum (Bald cypress)
P
18
0.4
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
Ave. height
26

Lowlands Wetland Mitigation Site MY3 Supplemental Vegetation Monitoring
April 2021 - Plot 12
Sampling Date:
4/21/2021
Plot Area:--100m2 - 10m x 10m square
Plot Type: Random
Plot notes: Vaccinium (4); Baccharis (4); Pinus taeda (1);
Numerous red maple, sweetgum
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
Source
(Planted or
volunteer)
Height
(in.)
Notes/Diameter (cm)
1
Taxodium distichum (Bald cypress)
P
30
1.5
2
Taxodium distichum (Bald cypress)
P
27
1.1
3
Taxodium distichum (Bald cypress)
P
28
0.9
4
Nyssa sylvatica (Black gum)
P
33
1.6
5
Taxodium distichum (Bald cypress)
P
39
1.7
6
Taxodium distichum (Bald cypress)
P
40
1.1
7
Nyssa sylvatica (Black gum)
P
28
0.8
8
Taxodium distichum (Bald cypress)
P
29
0.8
9
Nyssa sylvatica (Black gum)
P
25
0.6
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
Ave. height
31

Lowlands Wetland Mitigation Site MY3 Supplemental Vegetation Monitoring
April 2021 - Plot 13
Sampling Date:
4/21/2021
Plot Area:--100m2 - 10m x 10m square
Plot Type: Random
invasive/exotic stem count:
Plot notes:
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
Source
(Planted or
volunteer)
Height
(in.)
Notes/Diameter (cm)
1
Nyssa sylvatica (Black gum)
P
47
2.1
2
Nyssa sylvatica (Black gum)
P
31
1.8
3
Quercus michauxii (Swamp chestnut oak)
P
10
0.2
4
Fraxinus pennsylvanica (Green ash)
P
28
0.6
5
Fraxinus pennsylvanica (Green ash)
P
26
1.2
6
Betula nigra (River birch)
P
31
0.5
7
Betula nigra (River birch)
P
20
0.3
8
Betula nigra (River birch)
P
20
0.2
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
Ave. height
27

Lowlands Wetland Mitigation Site MY3 Supplemental Vegetation Monitoring
April 2021 - Plot 14
Sampling Date:
4/21/2021
Plot Area: -100m2 - 10m x 10m square
Plot Type: Random
invasive/exotic stem count:
Plot notes:
CURRENT MONITORING YEAR DATA
Stem ID
Scientific Name
Source
(Planted or
volunteer)
Height
(in.)
Notes/Diameter (cm)
1
Cephalanthus occidentalis (Buttonbush)
P
35
0.8
2
Cephalanthus occidentalis (Buttonbush)
P
35
0.8
3
Cephalanthus occidentalis (Buttonbush)
P
26
1.0
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
Ave. height
32

IJ MADAM
MONITORING YEAR 3 REPORT > SPEC-16320
VEGETATION PLOT PHOTOS
Lowlands Wetland Mitigation Site — Monitoring Year 3 Report
November 13, 14, 18 and 25, 2019
Vegetation Plot 1
Vegetation Plot 2A
creating experiences through experience
2905 Meridian Parkway, Durham, NC 27713 / 919. 361. 5000

ILII MCADAMS
MONITORING YEAR 3 REPORT > SPEC-16320
Vegetation Plot 2B
Vegetation Plot 2C
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�i MADAM
MONITORING YEAR 3 REPORT > SPEC-16320
Vegetation Plot 2D
Vegetation Plot 3A
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3 of 15

�i MADAM
MONITORING YEAR 3 REPORT > SPEC-16320
Vegetation Plot 3B
Vegetation Plot 3C
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�i MADAM
MONITORING YEAR 3 REPORT > SPEC-16320
Vegetation Plot 3D
Vegetation Plot 4A (MY3 photo corrupted — MY2 photo re -used)
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�i MADAM
MONITORING YEAR 3 REPORT > SPEC-16320
Vegetation Plot 4B (MY3 photo corrupted — MY2 photo re -used)
Vegetation Plot 4C
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�i MADAM
MONITORING YEAR 3 REPORT > SPEC-16320
Vegetation Plot 4D (MY3 photo corrupted — MY2 photo re -used)
Vegetation Plot 5A
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�i MADAM
MONITORING YEAR 3 REPORT > SPEC-16320
Vegetation Plot 5B
Vegetation Plot 5C (MY3 photo corrupted — MY2 photo re -used)
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�i MADAM
MONITORING YEAR 3 REPORT > SPEC-16320
Vegetation Plot 5D
Vegetation Plot 6A
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MADAM
MONITORING YEAR 3 REPORT > SPEC-16320
Vegetation Plot 6B
Vegetation Plot 7A
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�i MADAM
MONITORING YEAR 3 REPORT > SPEC-16320
Vegetation Plot 7B
Vegetation Plot 7C
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IM MCADAMS
MONITORING YEAR 3 REPORT > SPEC-16320
Vegetation Plot 7D
Vegetation Plot 8
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�i MADAM
MONITORING YEAR 3 REPORT > SPEC-16320
2 1SW m * 35,421529.-78.357/77 la ■ 11 M
Vegetation Plot 9
Vegetation Plot 10
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MADAM
MONITORING YEAR 3 REPORT > SPEC-16320
Vegetation Plot 11
t 3 11'M(r)•3541 18,•78.3518.86f6rfi a 4m
Vegetation Plot 12
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MADAM
MONITORING YEAR 3 REPORT > SPEC-16320
si
4 [ }glaGon Pbk k3 7 �g n
McAdams.
Vegetation Plot 13
Vegetation Plot 14
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LOWLANDS
Johnston County, North Carolina
Annual Monitoring Report
Year 4
Project Number: SPEC-16320
Prepared By:
Jennifer Burdette
Rebecca Stubbs
Cameron Jernigan
Date: December 2021
1 1
MCADAMS
2905 Meridian Parkway
Durham, North Carolina 27713

�la MCADAMS LOWLANDS YEAR 4 MONITORING REPORT > SPEC-16320
TABLE OF CONTENTS
1.0 PROJECT LOCATION AND DESCRIPTION 1
2.0 MONITORING OBJECTIVES 1
3.0 MONITORING ACTIVITIES AND SUCCESS CRITERIA 2
3.1 Wetland Hydrology 2
3.2 Vegetation 3
4.0 REFERENCES 4
5.0 FIGURES
6.0 YEAR 4 MONITORING DATA
6.1 Photo Stations
6.2 Wetland Hydrology
6.3 Vegetation
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�la MCADAMS LOWLANDS YEAR 4 MONITORING REPORT > SPEC-16320
1.0 PROJECT LOCATION AND DESCRIPTION
The Lowlands Wetland Mitigation Site (Site) is located approximately one mile northeast of the
intersection of Devils Racetrack Road (SR 1009) and Guin Road (SR 1184) in Johnston County,
North Carolina. The Site is located within the Neuse River Basin, 8 digit Hydrologic Unit Code (HUC)
03020201, more specifically within the 14 digit HUC 03020201150050. The project area is
approximately 71.2 acres, of which 65.3 acres will include some form of wetland re-establishment,
enhancement, or preservation with the remaining 5.9-acres of uplands and non-credit area to be
included within the overall conservation easement as an upland buffer (see Figure 1).
The original purpose of the Site was to provide 33.58 wetland mitigation credits to Dominion
Energy Transmission, Inc. (DETI) as part of DETI's Permittee Responsible Mitigation Plan (PRM) to
compensate for unavoidable impacts to wetlands associated with the Atlantic Coast Pipeline
Project (ACP). The Site is currently undergoing conversion to a traditional wetland mitigation bank
site for credits to be through the Clearwater Neuse 01 Lowlands Umbrella Mitigation Bank. The
Site includes the re-establishment of 23.1-acres of riparian wetlands, enhancement of 5.1 acres
of riparian and 14.3 acres of non -riparian wetlands, and preservation of 22.8-acres of non -riparian
wetlands within the Site. Construction of the project occurred in early 2018. Baseline hydrology
and vegetation sampling was conducted in March 2018.
2.0 MONITORING OBJECTIVES
Monitoring activities will follow the guidelines presented in USACE Wilmington District October
2016 Guidance documents and the North Carolina Ecosystem Enhancement Program (NCEEP)
Monitoring Requirements and Performance Standards for Stream and/or Wetland Mitigation
(November 2011) and will be tailored to the Site. The Site will be monitored for seven (7)
consecutive years, or if the required success criteria has been met in year five (5), monitoring
activities may be terminated if written approval is provided by the USACE.
According to the Mitigation Plan issued August 2017, specific objectives for the Site are the
following:
> Restore the primary wetland functions and values appropriate for this section of the Neuse
River Lowlands.
> Improve sediment retention and capacity for nutrient removal to offset historic agricultural
practices.
> Restoration of the attendant hydrologic and biologic functions of a bottomland hardwood
forest.
> Restore and enhance native bottomland hardwood forest.
> Permanently protect existing higher quality bottomland hardwood forest, in addition to the
remainder of the project area.
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�la MCADAMS LOWLANDS YEAR 4 MONITORING REPORT > SPEC-16320
3.0 MONITORING ACTIVITIES AND SUCCESS CRITERIA
3.1 Wetland Hydrology
The primary rationale for the approach of restoring wetland hydrology on the Site relies on the
comparison of the Site with adjacent reference areas with observable wetland hydrology.
Monitoring wells and data loggers installed on the Site, including the adjacent reference wetlands,
provide a good indication of the influence of the drainage ditches to the groundwater levels. The
comparison suggests that modification of surface water hydrology through ditching and crowning
have removed wetland hydrology from the Site. Removal of the Site historic modifications should
restore wetland hydrology over time. The data loggers installed in the reference wetlands will be
used to help determine the parameters of the restored wetland, such as the proposed grade.
Following construction, groundwater hydrology data from reference wetland locations and
restoration areas will be compared for the purpose of measuring successful hydrology restoration
metrics.
Wetland hydrology success will be measured by improvements to the frequency and duration of
saturated soils compared to the reference wetlands. Wetland hydrology will be measured daily
using (8) installed groundwater data loggers (the location of which can be seen on Figure 2). The
data loggers will sample groundwater elevations beneath the soil surface at least once per day
throughout the monitoring period. The data loggers will be downloaded on a bimonthly basis
during the growing season.
The Site contains Leaf soil series which according to the Wetland Saturation Threshold has a
saturation/hydroperiod threshold of 10% to 12% of the growing season within 12 inches below
the soil surface. According to the U.S. Department of Agriculture — Soil Conservation Service Soil
Survey of Johnston County, NC there are 232 days per year starting from March 21 through
November 8 that are greater than 28 degrees Fahrenheit. Therefore, successful wetland
hydrology is defined as saturation of soils within 12 inches of the soil surface for a period equal to
or greater than 24 consecutive days (10% of the growing season) within the growing season. The
Site has been historically extensively managed for agricultural production. Therefore, for the first
two years of monitoring, successful wetland hydrology will be defined as saturation of soils within
12 inches of the soil surface for a period equal to or greater than 19 consecutive days, or 8%,
within the growing season. For years 3 through 7, successful wetland hydrology is defined as
saturation of soils within 12 inches of the soil surface for a period equal to or greater than 24
consecutive days within the growing season.
The restored wetland groundwater data was downloaded and assessed as part of the Year 4
monitoring. The downloaded groundwater data is shown graphically against local precipitation
data in Section 6.2 for monitoring locations shown in Figure 2. All the groundwater monitoring
locations indicate that the wetland is meeting the minimum success wetland hydrology for the
site. The reference groundwater data has also been included in Section 6.2, the location of which
can been found on Figure 1.
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�la MCADAMS LOWLANDS YEAR 4 MONITORING REPORT > SPEC-16320
3.2 Vegetation
Prevalent vegetation should consist of species typically adapted for life in saturated soil
conditions. These species should have the ability to grow, compete, reproduce, and persist in
anaerobic soil conditions. Vegetation monitoring plots will be established to show that the
composition and density of vegetation in the Site compares favorably to the reference areas.
The primary focus of the vegetative monitoring will be on the tree stratum, although shrub and
herbaceous species encountered may also be recorded. All woody stems, including planted and
volunteer species, must be recorded for each fixed and random plot in each monitoring year.
Exotic and invasive species should also be recorded; however, they will not count toward success
or performance standards. Vegetation planting success criteria will be based on the survival of a
minimum density of 320 trees per acre after three (3) years of monitoring. After five (5) years of
monitoring, the density should be no less than 260 planted trees per acre. After seven (7) years
of monitoring, the density should be no less than 210 trees per acre. In addition, trees must
average 10 feet in height in each plot at year seven (7). Vegetation plots will be sampled and
reported in years 1, 2, 3, 5, and 7. If the height standard is met and the stem density is trending
toward success after five (5) years of monitoring, vegetation monitoring on the Site may be
terminated if written approval is provided by the USACE.
A combination of eight (8) permanent fixed vegetation monitoring plots and random vegetation
monitoring plots are used to demonstrate vegetation coverage. Seven (7) of the plots are fixed
plots randomly placed throughout the Project, and one (1) of the vegetation monitoring plots is
randomly located each monitoring year. The one (1) random plot may be a different plot type
(e.g., circular, transect, etc.), but should be the same size as the fixed plots.
Monitoring of the eight (8) permanent vegetation plots was not completed in Year 4 monitoring
activities. The vegetation plots will be monitored again in Monitoring Year 5 and 7.
creating experiences through experience
3 of 5

�l MCADAMS LOWLANDS YEAR 4 MONITORING REPORT > SPEC-16320
4.0 REFERENCES
Lee Michael T., Peet Robert K., Roberts Steven D., and Wentworth Thomas R. 2008. CVS-EEP
Protocol for Recording Vegetation Level. Version 4.2.
North Carolina Ecosystem Enhancement Program (NCEEP) November 7, 2011. Monitoring
Requirements and Performance Standards for Stream and/or Wetland Mitigation.
The John R. McAdams Company, Inc. August 2017. Mitigation Plan, Lowlands Mitigation Site.
US Army Corps of Engineers. October 2008. Regulatory Guidance Letter No. 08-03.
creating experiences through experience
4 of 5

5.0 FIGURES
LOWLANDS YEAR 4 MONITORING REPORT
SPEC-16320

Mitigation Type
Location
Acrage
Mitigation
Factor
Wetland
Mitigation Units
Wetland
Type
Re-establishement
Ag. Field
22.0
1:1
22.00
Riparian
C.E.
1.1
2:1
0.55
Riparian
Enhancement
Area 1
14.3
3:1
4.77
Non -riparian
Area 2
5.1
3:1
1.70
Riparian
Preservation
-
22.8
5:1
4.56
Non -riparian
Upland/Non-credit
-
5.9
-
-
-
Riparian:
28.2
-
24.25
-
Non -riparian:
37.1
-
9.33
-
TOTAL:
-
71.2
-
33.58*
-
5-yr. Cutover
ENHANCEMENT
Rim Ditch
MW SOUTH
PRESERVATION
1:.2:2 ac.
Legend
GMONITORING WELL
n SPEC16320_Option A - 12 acres
FUTURE ACP
- FUTURE ACP TEMPORARY CONSTRUCTION ACCESS
CMP
RCP
2-FT CONTOURS
DITCH
OPEN WATER
n PROJECT AREA
ACTIVE CROPLAND (PRIOR CONVERTED)
HYDRIC SOIL
CROWN
SLIGHT CROWN
Ud
UP/Ud
UPLAND SOIL
UPLAND SOIL- HYDRIC AT DEPTH
PF01
MW NORTH
Note: Project Area depicted based on
GIS, see construction for verified
acreages.
ID CIoo
o� N; IGPP.w
arthstar (e eegraphics
C�N�E�I,�.�, o o acA, met,Q
:l�KI1Woili
N
0 150 300
FIGURE 1: WETLAND MITIGATION CONCEPT PLAN
LOWLANDS MITIGATION SITE
AUGUST 17, 2017
600
Feet
CLEAR TE4TER MITIGATION 'J
SOLUTIONS e
MCADAMS
1 inch=300feet JOHNSTON COUNTY, NORTH CAROLINA

CONSTRUCTION LEGEND:
0
TOW
GSE
TOS
BOS
SHEPARD
D.B. 3883, PG. 355
PROPERTY LINE
PER P.B. 80, PG. 41
`-101IIIIII1
S01 °12'06"W
90.93' vLO
(TIE DOWN)
WELL 1
TOW=110.52'
SSE=107.88'
J
DITCH - FILLED UP
ORIGIN POINT ON VEGGIE PLOTS
VEGGIE PLOT
WELL
TOP OF WELL ELEVATION
GROUND SHOT ELEVATION
TOP OF SPILLWAY ELEVATION
BOTTOM OF SPILLWAY ELEVATION
BOTTOM OF SPILLWAY ELEVATION
NOTE:
L40AND L41 ARE LOCATED
ON THE SOUTHERN EDGE OF
THE 30' DUKE -ENERGY
EASEMENT
�O P
RIB
30' DUKE -ENERGY
EASEMENT (15' ON
EACH SIDE OF UTILITY
LINE (UTILITY LINE
NOT SHOWN FOR CLARITY)
STEWART
D.B. 4934, PG. 113
N01 °09'18"E
30.33'
(TIE DOWN)
RHODES
D.B. 2344 PG. 794
EPK
Iiiiii�iiiiii,E I P,�' �''
IBINInAjUIlllllllllllll�iiinm�viiii MM
L
L41 40 O
1-3S
ACCESS EASEMENT 1
NEW 15' WIDE NON-EXCLUSIVE ACCESS
EASEMENT FOR INGRESS, EGRESS &
REGRESS AND FUTURE UTILITY EASEMENT
TO BE CONVEYED TO CLEARWATER
HOLDINGS I, LLC. (AREA = 0.04 ACRES± BY
COORDINATE COMPUTATION) STEWART
D.B. 4934, PG. 113
STEWART
D.B. 4934, PG. 113
CONSERVATION
EASEMENT AREA 5
4.31 ACRES
DITCH 3
(FILLED UP)
v
L32
10' PROPOSED PERMANENT
GROUND BED EASEMENT
(FOR ATLANTIC COAST PIPELINE, LLC)
PER D.B. 4940, PG 820-824
CONSERVATION
EASEMENT AREA 4
12.15 ACRES
50' PROPOSED PERMANENT
RIGHT-OF-WAY (FOR ATLANTIC
COAST PIPELINE, LLC)
PER D.B. 4940, PG 820-824
J
46 L52
L47
J
N01°12'06"E
102.80'
(TIE DOWN)
RHODES
D.B. 2344 PG. 794
CONSERVATION
EASEMENT AREA 2 I
7.44 ACRES
DITCH
(FILLED UP)
50' PROPOSED PERMANENT
RIGHT-OF-WAY (FOR ATLANTIC
COAST PIPELINE, LLC)
PER D.B. 4993, PG 872-880
N65°05'58"E
62.54'
(TIE DOWN)
N75°56'50"E
\I 169.90'
(TIE DOWN)
NP. N Ix
g",\c ,
�`I. nI Q
l60 V`
WELL 2
TOW=110.59'
GSE=107.99'
"-NC GRID COORDINATE
N=608,831.1354'
E=2,194, 367.9188'
ISS, REFERENCE POINT
ONLY (SUITABLE FOR
GPS OBSERVATION)
DITCH 2
(FILLED UP)
WELL 7
TOW=109.62'
GSE=106.91'
MATURE
WOODLINE
(TYPICAL)
CONSERVATION
EASEMENT AREA 1
45.57ACRES
FIGURE 2. BASELINE MONITORING EXHIBIT
DITCH 1
(FILLED UP)
WELL 6
TOW=108.88'
GSE=105.98'
SHEPARD
D.B. 3883, PG. 355
AA
AA
WELL 3
TOW=109.10'
GSE=106.28'
RHODES
D.B. 2344 PG. 794
EXISTING SPILLWAY
TOS = 106.42'
BOS = 103.97'
WELL 5
TOW=110.19'
GSE=107.77'
N/F
ALLEN
EPP O
N/F
STANFIELD
S18°34'44"W
175.23'
(TIE DOWN)
KNIGHT
D.B. 2343, PG. 210
EXISTING
36" CMP
KNIGHT
D.B. 2621, PG. 199
KNIGHT
D.B. 2567, PG. 970
EXISTING SPILLYNAY
TOS = 106.19'
BOS = 103.20'
0
GENERAL NOTES
ELEVATIONS ARE
REFERENCED TO NAVD 1988
COORDINATES ARE
REFERENCED TO NAD'83(2011)
100
1 " = 200'
200
200
iu
NRS C �
W M C
n EO
N 6
0
V m 3 C
= Z
N 0 O
u, .2) U
W0)
N o rn c17, J E
533 C7 rn it
Q
0 /
/°)0
<a)77
-a1
N
PERMIT - SEAL
"PRELIMINARY PLAT"
NOT FOR RECORDATION,
CONVEYANCES OR
SALES
U
DRAWN BY: FGR
DATE: 03/15/18
SURVEYED BY: J.A.R.
DWG. NO.
CMS234AB18
SHEET
3 OF 3

LEGEND
• Photo Stations
Conservation Easement
Permanent Vegetation Plots
Planting Zones
1��/,
Zone 1
Zone 2
Zone 3
Figure 3. Year 3 Vegetation Monitoring Exhibit
Lowlands Mitigation Site
Johnston County, NC
0 150 300
Feet
1 inch = 300 feet
VERSION: 1
DATE: 12/30/2020
JOB NO: SPEC-16320
DRAWN BY: pierzga
MCADAMS
X:\Projects\SPEC\SPEC-16320\Storm\GIS\Vegetation Monitoring Figure-MY3.mxd, 12/30/2020 1:27:52 PM, pierzga

6.0 YEAR 4 MONITORING DATA
LOWLANDS YEAR 4 MONITORING REPORT
SPEC-16320

6.1 PHOTO STATIONS
(NOT REQUIRED FOR YEAR 4 MONITORING)
LOWLANDS YEAR 4 MONITORING REPORT
SPEC-16320

6.2 WETLAND HYDROLOGY
LOWLANDS YEAR 4 MONITORING REPORT
SPEC-16320

Restoration Monitoring Well Summary
Lowlands Mitigation Site
Ground Elevation (ft)
MY1 - 2018
MY2 - 2019
MY3 - 2020
MY4 - 2021
MYS - 2022
MY6 - 2023
MY7 - 2024
Notes
Monitoring wells with criteria met
---
100.00%
100.00%
87.50%
87.50%
Monitoring Well MW1
107.88
Consecutive days within range"
232
232
232
163
% of growing season
100.00%
100.00%
100.00%
70.26%
Criteria met?3
Y
Y
Y
Y
Monitoring Well MW2
107.99
Consecutive days within range"
232
232
232
*MW2 has been sent to manufacturer
for support to reclaim MY4 data
% of growing season
100.00%
100.00%
100.00%
Criteria met?3
Y
Y
Y
Monitoring Well MW3
106.28
Consecutive days within range"
232
232
232
232
% of growing season
100.00%
100.00%
100.00%
100.00%
Criteria met?3
Y
Y
Y
Y
Monitoring Well MW4*
108.48
Consecutive days within range'
232
67
229
171
% of growing seasonZ
100.00%
28.88%
98.71%
73.71%
Criteria met?3
Y
Y
Y
Y
Monitoring Well MW5*
107.77
Consecutive days within range'
232
185
232
232
% of growing season
100.00%
79.74%
100.00%
100.00%
Criteria met?3
Y
Y
Y
Y
Monitoring Well MW6
105.98
Consecutive days within range"
232
232
232
232
% of growing season
100.00%
100.00%
100.00%
100.00%
Criteria met?3
Y
Y
Y
Y
Monitoring Well MW7
106.91
Consecutive days within range"
232
179
56
96
% of growing seasonZ
100.00%
77.16%
24.14%
41.38%
Criteria met?3
Y
Y
Y
Y
Monitoring Well MW8*
108.87
Consecutive days within range"
232
161
232
163
% of growing seasonZ
100.00%
69.40%
100.00%
70.26%
Criteria met?3
Y
Y
Y
Y
1The US Army Corps of Engineers states that the range is within 12 inches of the soil surface
2The growing season for the site is 232 days long
3Successful wetland hydrology criteria is defined as saturation of soils within range for a period equal to or greater than 19 consecutive days (8%), within the growing season, for the first two
years of monitoring and 24 consecutive days (10%), within the growing season, for years 3-7
*Denotes monitoring well is upland

Groundwater Elevation
Lowlands MW 1
Serial #20284998
Ground Elevation — — — Wetland Criteria Growing Season Rainfall
4.00 - 111.00
I I I I I I I
3.50 -
3.00 -
2.50
42 2.00 -
0
1.50 -
1.00 -
0.50 -
0.00
LL
i
1 n
1
- 110.00
- 109.00
- 108.00
- 107.00 F
0
0
co
O O 0 N ati a -I .—I .—I a -I a -I .—I .—I c-I .-1 .—I a -I a —I .—I .—I a -I a -I =I .—I a -I .--1 .-1 a -I a -I .—I N
N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0
N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
c\-I if O\1 N 00 O 011 N M N O 00 00 N 011 01 M N e\-1 V 00 e\-I 011 01 01 t\0 O V 0000-1
N — 1-1 — e-I 01 r1 N e-I N . N N — e-I \ . 01 e-I N . N N , CV 1-1
\ N \ a-1 \ \ \ \ \ \ \ \ Ln \ l0 \ N \ \ \ \ \ \ 0 \ - \ N — a-1
.-1 a —I N a —I a —I N N M M 00 00 Ln 00 I, N 00 00 01 01 a —I 0 c-1 a-1 a —I N
ti ti ti ei .-1
Date
NOTE: Groundwater elevation dropped 1211 below ground surface during the following growing season periods for a total of 8 days.
Monitoring well is still within criteria for more than 10% of the growing season (24 consecutive days).
[5/21-5/29]
v
106.00 w
105.00
104.00
103.00
102.00

4
3.5
3
2.5
ra 2
m
cc
1.5
1
0.5
0
Lowlands MW 3
Serial #10777569
Groundwater Elevation — Ground Elevation — — — Wetland Criteria Growing Season Rainfall
•
„
L
i
N.
IIi11IT11I1I
-I.-I _, _, _, .-I .-I .-I _,_,_,.-I.-I_,_,_,.-I FTI
._, _, .-INN N N N N N N NNNNNNNNN N N NOO O O O O O O OOOOOOOOO O O ONN N N N N N N NNNNNNNNN N N Nn rrn n O V W N Lnalrrnn.\-IVW.\-11n O V WNN M M V VV1• l0N▪ N1b1bOlal c-I ci N ci L -I
dJ
n
O
O
.-▪ I
1
c1
Date
109.00
108.00
107.00
106.00
105.00 •°
m
104.00
103.00
102.00
101.00
5)
w
NOTE: Groundwater elevatoin remained within the wetland criteria (above 1211 below ground surface) throughout the growing season.

4.00 -
3.50
3.00
2.50
,l 2.00 -
Lowlands MW 4
Serial #10777567
Groundwater Elevation Ground Elevation — — — Wetland Criteria —Growing Season Rainfall
hti
1.50 -
1.00
0.50 -
110.00
109.00
108.00
107.00
106.00
105.00
104.00
r r
0.00JI l I' �T ^ kUi
. 7 / T .00
O O O a -I .- 1 .- 1 .- 1 a -I a -I a -I .- 1 .- 1 a -I a -I a -I .- 1 .- 1 .- 1 a -I a -I .- 1 .- 1 .- 1 a -I a -I a -I 111110300
.--I a -I a -I .- 1 a -I
Date
0
ro
v
w
NOTE: Groundwater elevation dropped 12" below ground surface during the following growing season periods for a total of 9 days.
Monitoring well is still within criteria for more than 10% of the growing season (24 consecutive days).
[ 5/8 - 5/10, 5/14 - 5/21 ]

4
3.5 -
3
2.}
1.5
1
0.5
0
Lowlands MW 5
Serial #20284994
Groundwater Elevation Ground Elevation — — — Wetland Criteria Growing Season Rainfall
\sni\t„ \I\ov\\*\
o O 0 .-1 .-I .-I 1-1 .1 .- c-I 1-1 .-I 1-1 c-I c-1
N N N N N N N N N N N Ni N N N
0 O 0 0 0 0 0 0 0 0 0 O 0 0 0
NI N NI N N N N N N N N N N N N
.\-1 l • 001 N 0 O m N m N O V 00 N 11
N \ c-I \ .- I m e-1 N .--I NI c-I N \ N \
\ N \ ."1 \ \ \ \ \ - - \ ul \ 00
.--I c-I N .--I .--I NI NI CO m Cr V ul
c-1 c-I
O
rn
0
Date
N
0
0.1
T — T '
110.00
109.00
108.00
107.00
- 106.00 •°
m
v
w
- 105.00
- 104.00
- 103.00
c-I 1--1 c-I c-I 1--1 .ti c-I .--I e-I .--I c-I N
NI NI Ni Ni N N N N N NI Ni N
0 0 O O 0 0 0 0 0 0 0 0
NJ N N NJ N N NI N NI NI NI N
c\-I V 0000 e\-I m 0\l m 0 o V 0\o -1
m \ NJ — ▪ NI o \ .\'1 \ N ,-I
N 00 0o on of c-I O .-1 c-I .-I N
.-I c-I ci
102.00
NOTE: Groundwater elevation remained within the wetland criteria (above 12" below ground surface) throughout the growing season.

4
3.5
3
2.5
c
w 2
Lowlands MW 6
Serial #20284995
Groundwater Elevation Ground Elevation Wetland Criteria Growing Season Rainfall
1.5 -
0.5 -
0
II I
I I '
I I I
O
O
.-i
0
N
,lk
c-I c-I
N N
O 0
MI CNI
0 O
N-1 -4
OfI11TtT
mN
6/5/2021 A
O
Date
7/3/2021 c
//A
ti
O O O O O O
\ \ \ \ \ \
n ,--1 V 00 �--I lf1
r-1 m .-I N .--I N
N N W W O\l O\l
rJ,r-r
rsi
'Hul
.- I a --I .--I
NOTE: Groundwater elevation remained within the wetland criteria (above 12" below ground surface) throughout the growing season.
- 111.00
- 110.00
- 109.00
- 108.00
- 107.00
w
O
N
- 106.00 w
- 105.00
- 104.00
- 103.00
102.00
O

4.00 I
3.50
3.00
2.50
c
w 2.00
c
as
1.50
1.00
0.50
0.00
0
0
N
Lowlands MW 7
Serial #20284996
Groundwater Elevation Ground Elevation — — — Wetland Criteria —Growing Season Rainfall
-R-- --
i
1
\\t\s\\\k\os
� I �
O .ti .—I a —I .—I
O O 0 0 0
\ N \ \ \
01
\ e\-1 \ O
N a-1 c-I N
a —I
)kU_
a 1 a —I a —I a 1 a —I a —I a--1 a -I - a-1 a 1 a —I a 1
N N N N N N N N N N N N N
O O 0 0 0 0 0 0 0 0 0 0 0
\ \ \ \ \ \ \ \ \ N \ \ \
n M n 0 V 00 N In al M n ,-I Tr
N a —I N ati N ▪ N a —I \ ati M %-1
N M M Tr V V• \l lW. \0 N.
r n 00
Date
IIJrII1flI:Lr11 —I a-1ati a —I N OO O O\\ \ \0 OV 00 a-1NI a —I -I \N \ e\-1c-I r,a—I N, -1 a —I
109.00
108.00
107.00
106.00
105.00
104.00
103.00
102.00
101.00
0
co
w
NOTE: Groundwater elevation dropped 1211 below ground surface during the following growing season periods for a total of 43 days.
Monitoring well is still within criteria for more than 10% of the growing season (24 consecutive days).
[ 5/19 - 5/23, 8/27 - 9/23, 9/28 - 10/9, 10/24 - 10/25 ]

4
3.5
3
2.5
03 2
cc
1.5
1
0.5
0
0
O
c1
c-I
Lowlands MW 8
Serial #20284997
Groundwater Elevation Ground Elevation . Wetland Criteria —Growing Season Rainfall
II II
1 1 1 1
0 0
N N
a -I a- a -I a- a -I
N N N N N
O O 0 0 0
O M n M n
\ .. \
a -I ▪ N N CO CO
4/24/2021 ---
I. '
a- a1 - e-I e-I
N N N N N
0 0 0 0 0
0000 N L.r, a,m
v1 N
0 \ N
0 0
Date
a- a -I a- a -I .-I a 1 .-I a 1 a-1
N N N N N N N N N
0 0 0 0 0 0 0 0 0
V 0000 .\-I 011 T N 00 0 V
0 \ • \ N
00 00 • O1 CO• a- 1 0 a --I a 1 a-1
a -I a 1
111.00
110.00
109.00
108.00
107.00
c
0
a0i
106.00 w
I 105.00
104.00
— 103.00
— 102.00
N
NOTE: Groundwater elevation remained within the wetland criteria (above 12" below ground surface) through the majority of the growing season.
Only one point on 5/29 dropped below 12" below ground surface and it only lasted for a few hours.

6.3 VEGETATION
•
(NOT REQUIRED FOR YEAR 4 MONITORING)
LOWLANDS YEAR 4 MONITORING REPORT
SPEC-16320

Table 3. Open Water Vegetation Summary Table
Lowlands Bank Conversion Site
Johnston County, NC
Monitoring Year 3
McAdams Project #: CLW-18000
Species
Indicator Status
Absolute % Cover
Juncus effusus
FACW
65
Andropogon glomeratus
FACW
8
Scirpus cyperinus
FACW
22
Typha latifolia
OBL
15
Solidago gigantea
FACW
20
Ludwigia alternifolia
FACW
8
Miscanthus sinensis
FACU
35
Juncus tenuis
FAC
5
Persicaria hydropiperoides
OBL
55
Symphyotrichum pilosum
FAC
5
Prunella vulgaris
FACU
2
Cyperus strigosus
FACW
12
Setaria parviflora
FAC
1
Baccharis halmifolia
FACW
5
Dichanthelium acuminatum
FAC
1
Carex frankii
OBL
1
Tree species noted: Fraxinus pennsylvanica , Acer rubrum , Salix nigra , Quercus nigra,
Gleditsia triacanthos , Taxodium distichum , Betula nigra

Appendix C. Regulatory Correspondence
- IRT Meeting Minutes
- IRT Initial Evaluation Letter w/ Regulatory Correspondence
Lowlands Wetland Mitigation Site — Mitigation Plan Appendices

CLEAR WATER MITIGATION SOLUTIONS e
December 14, 2020
MEETING MINUTES
LOWLANDS ACP SITE- IRT Site Visit
Current Corps Action ID: SAW-2014-1558
Site Visit Date: 12/09/2020
On December 9, 2020 the USACE, NCDWR, NCWRC, Axiom Environmental, McAdams
Company, and Clearwater Mitigation convened, on -site, at 1:00pm to review the Lowlands
mitigation site, located approximately 1 mile northeast of the intersection of Devils Racetrack
Road and Guin Road (along Guin Road), in Four Oaks, NC. Below is a list of attendees and
general site visit notes.. There is a covered structure and a small access road for parking.
Attendees:
USACE Sam Dailey
USACE Kim Browning
USACE Casey Haywood
NCDWR Erin Davis
NCWRC Travis Wilson
McAdams Rebecca Stubbs
Axiom Grant Lewis
Clearwater Kevin Yates
General Background:
The Site is located within the Neuse River Basin, 8 digit Hydrologic Unit Code (HUC)
03020201, more specifically within the 14 digit HUC 03020201150050. The project area is
approximately 71.2 acres, of which 65.3 acres will include some form of wetland re-
establishment, enhancement, or preservation with the remaining 5.9-acres of uplands and non-
credit area to be included within the overall conservation easement as an upland buffer.
The original purpose of the Site was to provide 33.58 wetland mitigation credits to Dominion
Energy Transmission, Inc. (DETI) as part of DETI's Permittee Responsible Mitigation Plan
(PRM) to compensate for unavoidable impacts to wetlands associated with the Atlantic Coast
Pipeline Project (ACP). The Site includes the re-establishment of 23.1-acres of riparian wetlands,
enhancement of 5.1 acres of riparian and 14.3 acres of non -riparian wetlands, and preservation of
22.8-acres of non -riparian wetlands within the Site. Construction of the project occurred in
January through February 2018. Baseline hydrology and vegetation sampling was conducted in
March 2018.
Monitoring activities have followed the guidelines presented in USACE Wilmington District
October 2016 Guidance documents and the North Carolina Ecosystem Enhancement Program
(NCEEP) Monitoring Requirements and Performance Standards for Stream and/or Wetland
Mitigation (November 2011) and will be tailored to the Site.
The ACP project was abandoned by Dominion Energy in July 2020, and with that the need for
the wetland mitigation credits provided by the Lowlands PRM Site. Since then, it has been
agreed by all parties to investigate the conversion of the Lowlands PRM Site and its assets into a
Clearwater Mitigation Solutions
604 Macon Place
Raleigh, NC 27609
919-624-6901
clearwatermitigation©gmail.com

CLEARWATER MITIGATION SOLUTIONS ® Lowlands IRT Meeting Minutes
traditional Mitigation Bank to service the Neuse River Basin, 8 digit Hydrologic Unit Code
(HUC) 03020201.
The Site is in monitoring Year 3, with all success criteria for wetland hydrology and the
vegetation being met in monitoring years 1 and 2. Data for the year 3 monitoring report is
currently being processed and written into a report, with results expected by December 31 st 2020.
While the vegetation plots have met success criteria thus far, the Enhancement Areas of the site
may require some adaptive management for the vegetation moving forward, as noted below.
Site Visit Notes:
A walk-through was conducted by the attendees noted to assess existing conditions and general
performance of the Site thus far.
Enhancement Area 2:
1) The pines and woody vines have taken over some of this area closer to Guin Road and
was noted by Clearwater to require some adaptive management. Clearwater proposed
hydro -axing the pines, treating woody vines, and any invasive species, while preserving
any desired hardwood species. This would be followed by supplemental planting.
2) This area could also be left in its current state, and moving forward would be a non-credit
generating portion of the Site within the conservation easement, providing a substantial
vegetated buffer to the remainder of the Site.
3) Kim and Erin noted that if we do re -plant the entire area, it would likely trigger an
additional 7-years of monitoring.
Enhancement Area 1:
1) While this area does not contain the density of pines and woody vines, there are some
undesirable species such as sweet gum and red maple, with fewer pines.
2) While it was difficult during our December 9th site visit to initially identify planted stems,
Axiom, McAdams, and Clearwater did conduct field reconnaissance in October 2020,
and were able to identify some of the original planted stems in this area.
3) Erin and Travis suggested we conduct some random sampling of this area to assess
species inventory vs. our target plant community.
4) McAdams is scheduled to conduct these sample plots in January 2021. Once completed
we will assess if supplemental planting is required.
5) Kim and Erin noted that if the supplemental planting reached 40-50% that this would
likely trigger an additional year of monitoring.
6) Our current credit ratio for the enhancement areas are 3:1. Kim and Erin stated there is
potential to receive a 2:1 credit ratio if these areas are meeting success criteria laid out in
the guidance and/or brought up to an enhancement level to merit a 2:1 ratio.
Clearwater Mitigation Solutions
604 Macon Pl.
Raleigh, NC 27609
919-624-6901
Page 3

CLEARWATER MITIGATION SOLUTIONS ® Lowlands IRT Meeting Minutes
Preservation Area:
1) While the original approved credit ratio for the preservation area was 5:1, the IRT felt
like the lack of various strata and diversity in some areas warrant a ratio of 7.5:1 moving
forward.
2) Although efforts were made to remove the historic fencing, there is some still present,
Clearwater will have the remainder of fencing removed by February 2021.
Re -Establishment Area:
1) There was an area of open water with dormant herbaceous vegetation noted upstream of
the southern ditch plug. While Travis welcomed the open water diversity for wildlife
habitat, Erin and Kim would like to see supplemental planting in this area or document
the diversity of existing herbaceous vegetation. If the herbaceous layer is deemed diverse
and robust, then supplemental planting may not be required. Diversity may be shown by
herbaceous vegetation plots indicating the presence of 3 to 4 species.
2) Sam noted, otherwise, the vegetation and hydrology within the re-establishment area
appeared to be on track in meeting success criteria.
3) Erin and Kim noted that the IRT likes to see multiple ditch plugs in current mitigation
plans. Clearwater and McAdams have observed that most of the original ditches have
filled with sediment and we can walk across most ditch sections with knee boots.
Wrap -Up Discussion:
1) Sam was going to move forward with a Public Notice with a 30-day comment period.
Clearwater will assist in providing background information for the Public Notice.
2) The proposed project will require a draft mitigation plan, but not a prospectus.
3) If the mitigation plan is approved, the Site could receive a credit release equivalent to
Year-3 (or 65% of total WMU's) in the mitigation banking process. In addition, all
preservation credit would be released upon approval of the plan.
4) Clearwater will need to acquire the portion of the gas line easement bisecting the
conservation easement area from the land owner and have Dominion Energy abandon this
portion of the gas line easement.
5) Clearwater will discuss with attorney best approach to efficiently execute the acquisition
of the gas line easement portion of the Site.
6) Clearwater will also discuss with surveyor and attorney an effective approach to include
gas line easement portion into the Conservation Easement Plat Survey.
Clearwater Mitigation Solutions
604 Macon Pl.
Raleigh, NC 27609
919-624-6901
Page 3

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
November 5, 2021
Regulatory Division
Action ID No. SAW-2015-01815
Re: NCIRT Initial Review of the Clearwater Mitigation — Neuse 01 Umbrella Mitigation
Banking Instrument & Lowlands Mitigation Site Prospectus
Mr. Kevin Yates
Clearwater Mitigation
604 Macon Place
Raleigh, NC 27609
Dear Mr. Yates:
This letter is regarding your prospectus documents for the proposed Neuse 01
Umbrella Mitigation Bank and Lowlands Mitigation Site. The proposal consists of the
establishment and operation of a commercial umbrella mitigation bank, and the
associated 76-acre Lowlands Mitigation Site, within the Neuse River watershed and is
located along Guin Road, near the Town of Four Oaks, in Johnston County, North
Carolina (35.4210 N,-78.3480). The proposed bank would include stream and wetland
restoration and enhancement activities within the Upper Neuse River Basin (03020201
HUC).
The Corps determined the Prospectus was complete and issued a public notice (P/N
MBSAW-2015-01815) on August 23, 2021. The purpose of this notice was to solicit the
views of interested State and Federal agencies and other parties either interested in or
affected by the proposed work. Attached are comments received in response to the
public notice from the U.S. Fish and Wildlife Service, the State Historic Preservation
Office, the Cherokee Nation Tribal Historic Preservation Office, and the Catawba Indian
Nation Historic Preservation Office.
The Corps has considered the comments received from members of the Interagency
Review Team (IRT) and information that was discussed during an IRT site review on
December 9, 2020. We have determined that the proposed umbrella mitigation bank
appears to have the potential to restore and enhance aquatic resources within the 8-
digit HUC 03030201 of the Neuse River. Therefore, the bank sponsor may proceed with
preparation of a draft Umbrella Mitigation Banking Instrument (UMBI).

Please provide a response to the attached comments with your draft UMBI
submittal. We understand that this is an unusual project in that the first site was already
constructed as a permittee-responsible mitigation site. As such, we will coordinate with
you during the process of developing the draft UMBI to ensure that all provisions
appropriately reflect the circumstances. We appreciate your interest in restoring and
protecting waters of the United States. If you have questions regarding this letter,
please contact me at the Raleigh Regulatory Field Office by email at
Todd.Tugwell(�usace.army.mil or telephone [phone].
Sincerely,
--,Li T-,,
Todd Tugwell
Mitigation Project Manager
Regulatory Division
Electronic Copies Furnished:
NCIRT Distribution List

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
CESAW-RG/Tugwell November 5, 2021
MEMORANDUM FOR RECORD
SUBJECT: Action ID No. SAW-2015-01815, Comments Received in Response to the
Public Notice for the Clearwater Mitigation — Neuse 01 Umbrella Mitigation Banking
Instrument & Lowlands Mitigation Site Prospectus
Elizabeth Toombs, Cherokee Nation, September 21, 2021: SEE ATTACHED
COMMENTS
Wenonah Haire, Catawba Indian Nation, October 5, 2021: SEE ATTACHED
COMMENTS
Renee Gledhill -Earley, State Historic Preservation Office, September 28, 2021: SEE
ATTACHED COMMENTS
Kathy Matthews, USFWS, August 25, 2021: SEE ATTACHED COMMENTS
NC Interagency Review Team Comments, June 10, 2021: SEE ATTACHED MEETING
MINUTES
Todd Tugwell
Mitigation Project Manager
Regulatory Division

Dailey, Samantha J CIV USARMY CESAW (USA)
From: Elizabeth Toombs <[e-mail]>
Sent: Tuesday, September 21, 2021 11:01 AM
To: Dailey, Samantha J CIV USARMY CESAW (USA)
Subject: [Non-DoD Source] RE: U.S. Army Corps of Engineers Public Notice
Ms. Dailey:
The Cherokee Nation recently received a review request for Johnston County, North Carolina. Johnston County is outside
the Cherokee Nation's Area of Interest. Thus, this Office respectfully defers to federally recognized Tribes that have an
interest in this landbase at this time.
Thank you for the opportunity to comment upon this proposed undertaking. Please contact me if there are any
questions or concerns.
Wado,
Elizabeth Toombs, Tribal Historic Preservation Officer
Cherokee Nation
Tribal Historic Preservation Office
PO Box 948
Tahlequah, OK 74465-0948
918.453.5389
From: CESAW-PublicNoticeList <[e-mail]>
Sent: Monday, August 23, 2021 10:47 AM
Subject: <EXTERNAL> U.S. Army Corps of Engineers Public Notice
As you requested, you are hereby notified that Wilmington District, United States Army Corps of Engineers has issued a
Public Notice. The ADOBE ACROBAT format of this document can be found on the RIBITS website for viewing, printing,
or downloading: https://ribits.ops.usace.army.mil/ords/f?p=107:2
1

<Blockedhttps://ribits.ops.usace.army.mil/ords/f?p=107:2> (be sure to copy the entire link, which also includes the
dots at the end).
To access the public notices, first select the Wilmington District from the Filter View drop -down menu in the lower left-
hand column, and then select the link for Bank & ILF Establishment under the Menu section on the left-hand side. Scroll
down to the heading for Current Public Notices for Wilmington District Mitigation Activities and select the link for the
appropriate project as listed above.
The current notice involves:
Corps Action ID#: SAW-2015-01815
Bank Sponsor: Clearwater Mitigation Solutions, LLC (Mr. Kevin Yates)
Project Name: Clearwater Neuse 01 Lowlands UMBI, Lowlands Mitigation Site (Johnston County)
Issue Date: August 23, 2021
Expiration Date: September 22, 2021
Point of Contact: Samantha Dailey
Project Description: The Wilmington District, Corps of Engineers (Corps) received a prospectus describing the
establishment of an umbrella compensatory mitigation bank, known as the Clearwater Neuse 01 Lowlands Umbrella
Mitigation Banking Instrument, Lowlands Mitigation Site (Site). The Site was part of a permittee responsible mitigation
plan that was abandoned in 2020 and is currently in Year 4 Monitoring. The Bank Sponsor, Clearwater Mitigation
Solutions, LLC, has restored, enhanced, and preserved approximately 76 acres of wetland that would be used to offset
impacts authorized as part of future Federal and State permits, located in the Hydrologic Unit Code 03020201 of the
Neuse River Basin. The 76-acre Lowlands Mitigation Site is located along Guin Road, in Four Oaks, in Johnston County,
North Carolina.
2

Catawba Indian Nation
Tribal Historic Preservation Office
1536 Tom Steven Road
Rock Hill, South Carolina 29730
Office 803-328-2427
Fax [phone]
October 5, 2021
Attention: Samantha Dailey
Army Corp of Engineers
Wilmington District
Re. THPO #
2021-56-5
TCNS # Project Description
SAW-2015-01815 Clearwater Neuse 01 Lowlands Umbrella Mitigation Bank
Dear Ms. Dailey,
The Catawba have no immediate concerns with regard to traditional cultural properties,
sacred sites or Native American archaeological sites within the boundaries of the
proposed project areas. However, the Catawba are to be notified if Native American
artifacts and / or human remains are located during the ground disturbance phase
of this project.
If you have questions please contact Caitlin Rogers at 803-328-2427 ext. 226, or e-mail
[e-mail].
Sincerely,
Wenonah G. Haire
Tribal Historic Preservation Officer

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Office of Archives and History
Secretary D. Reid Wilson Deputy Secretary, Darin J. Waters, Ph.D.
September 28, 2021
Samantha Dailey
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
[e-mail]
Re: The Lowlands Mitigation Bank, Four Oaks, Johnston County, ER 16-1097
Dear Ms. Dailey:
Thank you for your email of August 23, 2021, regarding the above -referenced undertaking. We have
reviewed the submission and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or [e-mail]. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
kiat Ramona Bartos, Deputy
State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
551-F Pylon Drive
Raleigh, North Carolina 27606
August 25, 2021
Samantha Dailey
U.S. Army Corps of Engineers, Wilmington District
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re: Clearwater Neuse 01 Lowlands Umbrella Mitigation Bank/ SAW-2015-01815/ Johnston County
Dear Mrs. Dailey:
The U.S. Fish and Wildlife Service (Service) has reviewed the information concerning the above
referenced project. The project, based on the description in your letter to our office, and other
information, is expected to have minimal adverse impacts to fish and wildlife resources.
In accordance with the Endangered Species Act of 1973, as amended, (ESA) and based on the
information provided, and other available information, it appears the action is not likely to adversely
affect federally listed species or their critical habitat as defined by the ESA. We believe that the
requirements of section 7 (a)(2) of the ESA have been satisfied for this project. Please remember that
obligations under the ESA must be reconsidered if: (1) new information identifies impacts of this action
that may affect listed species or critical habitat in a manner not previously considered; (2) this action is
modified in a manner that was not considered in this review; or, (3) a new species is listed or critical
habitat determined that may be affected by the identified action.
For your convenience a list of all federally protected endangered and threatened species in North
Carolina is now available on our website at http://www.fws.gov/raleigh. Our web page contains a
complete and frequently updated list of all endangered and threatened species protected by the
provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), and a list of
federal species of concern' that are known to occur in each county in North Carolina.
Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in
consultation with the Service, insure that any action federally authorized, funded, or carried out by such
agencies is not likely to jeopardize the continued existence of any federally -listed endangered or
threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement
and in determining whether additional consultation with the Service is necessary. In addition to the
federally -protected species list, information on the species' life histories and habitats and information
1 The term "federal species of concern" refers to those species which the Service believes might be in need of
concentrated conservation actions. Federal species of concern receive no legal protection and their designation
does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or
threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse
impacts to federal species of concern.

on completing a biological assessment or evaluation and can be found on our web page at
http://www.fws.gov/raleigh. Please check the web site often for updated information or changes.
If your project contains suitable habitat for any of the federally -listed species known to be present
within the county where your project occurs, the proposed action has the potential to adversely affect
those species. As such, we recommend that surveys be conducted to determine the species' presence
or absence within the project area. The use of North Carolina Natural Heritage program data should not
be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to
adversely affect) a federally -protected species, you should notify this office with your determination, the
results of your surveys, survey methodologies, and an analysis of the effects of the action on listed
species, including consideration of direct, indirect, and cumulative effects, before conducting any
activities that might affect the species. If you determine that the proposed action will have no effect
(i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not
required to contact our office for concurrence (unless an Environmental Impact Statement is prepared).
However, you should maintain a complete record of the assessment, including steps leading to your
determination of effect, the qualified personnel conducting the assessment, habitat conditions, site
photographs, and any other related articles.
The Service appreciates the opportunity to review and provide comments on the proposed action.
Should you have any questions regarding the project, please contact Kathy Matthews at [phone],
extension 27.
Sincerely,
for Pete Benjamin
Field Supervisor
cc: NMFS, Beaufort, NC
EPA, Atlanta, GA
WRC, Raleigh

Appendix D. Property Information
- Draft Conservation Easement Plat & CE Deeds
Original Conservation Easement Plat & CE Deeds
- Draft Assignment to NCWHF
ACP ROW Release Instruments
Lowlands Wetland Mitigation Site — Mitigation Plan Appendices

LEGEND:
ISS - IRON STAKE SET
ECM - EXISTING CONCRETE MARKER
EIP - EXISTING IRON PIPE
ERRR - EXISTING RAILROAD RAIL
PTI - PINCHED TOP IRON
EA- EXISTING AXLE
EDS - EXISTING DRIVE SHAFT
EMN - EXISTING MAG NAIL
CMP - CORRUGATED METAL PIPE
O.D. - OUTSIDE DIAMETER
RPS - RANGE POLE SET
EMN - EXISTING MAG NAIL
MNS - MAG NAIL SET
EIS - EXISTING IRON STAKE
EPP - EXISTING PUMP PIPE
PPS - PUMP PIPE SET
NMC - NON-MONUMENTED CORNER
R/W - RIGHT OF WAY
EOP - EDGE OF PAVEMENT
PB - PLAT BOOK
D.B. - DEED BOOK
PG. - PAGE
o- NON-MONUMENTED CORNER
UNLESS OTHERWISE NOTED
No. 5 REBAR FLUSH WITH
GRADE WITH YELLOW
•
PLASTIC CAP INSCRIBED:
"CONSERVATION EASEMENT"
CONSERVATION EASEMENT
LINE
- - TIE DOWN LINE
ADJOINER OR R/W LINE
LINE DATA ALONG THE
CONSERVATION
EASEMENT AREAS
LINE
BEARING
DISTANCE
L1
S18°34'32"W
762.01'
L2
S18°34'47"W
131.57'
L3
S18°36'33"W
1375.26'
L4
N88°26'25"W
873.50'
L5
N01°12'06"E
246.29'
L6
N30°18'21"E
1416.82'
L7
N12°00'48"E
199.54'
L8
N65°05'58"E
129.53'
L9
N65°05'58"E
129.53'
L10
N75°56'50"E
235.75'
L11
N88°38'52"E
61.26'
L12
N84°00'57"E
150.38'
L13
N82°00'25"E
150.25'
L14
S02°29'51"E
99.15'
L15
S12°00'48"W
153.93'
L16
S30°18'21"W
1318.96'
L17
N01°12'06"E
705.05'
L18
N01°12'06"E
229.58'
L19
N77°36'23"E
226.61'
L20
N37°52'30"E
49.49'
L21
N59°55'53"E
57.17'
L22
NO2°02'15"W
38.35'
L23
N75°10'59"E
12.26'
L24
N61 °56'57"E
125.96'
L25
S42°19'31"E
88.03'
L26
N59°19'32"E
57.41'
L27
N16°59'44"E
117.03'
L28
N28°03'03"W
8.69'
L29
N65°05'58"E
128.31'
L30
S30°18'21"W
696.31'
CONSERVATION EASEMENT ADDITION
LINE DATA ALONG THE
CONSERVATION
EASEMENT AREAS
LINE
BEARING
DISTANCE
L31
S89°41'48"E
338.73'
L32
S88°55'49"W
511.52'
L33
S33°05'31"W
293.63'
L34
SO4°09'59"E
798.43'
L35
S89°41'48"E
215.80'
L36
N30°18'21"E
805.41'
L37
N01°02'39"E
358.00'
L38
S77°36'23"W
52.46'
L39
N31°21'17"W
93.33'
L40
S85°26'31"W
180.14'
L41
S85°34'17"W
175.68'
L43
S18°35'53"E
145.69'
L44
S36°44'59"E
159.15'
L45
S47°08'18"E
141.34'
L46
S62°58'01 "E
154.65'
L47
S81°38'54"E
115.98'
L48
N01°02'39"E
206.32'
L49
S89°24'43"E
18.56'
L50
S88°55'49"W
15.01'
L51
NOT USED
L52
S81 °38'54"E
15.12'
L53
S01°02'39"W
119.09'
L54
N01°12'06"E
20.00'
L55
N01°12'06"E
336.79'
OWNER'S CERTIFICATE (PIN 169000-48-1394):
James Clifton Rhodes and wife, Teresa M. Rhodes, hereby certify that we are the owners of the
property shown and described herein which property was conveyed to James Clifton Rhodes by
deed recorded at Book 2344, Page 794, Johnston County Registry, and that we hereby adopt the
plan of conservation easements and grant and convey the easements herein with our free consent.
Further, we hereby certify that the land shown herein is within the subdivision regulation jurisdiction
of Johnston County, North Carolina.
Date James Clifton Rhodes
Date Teresa M. Rhodes
STATE OF NORTH CAROLINA
COUNTY OF JOHNSTON
, the undersigned notary public certify that James
Clifton Rhodes and wife, Teresa M. Rhodes, personally appeared before me this day and
acknowledged to me that they voluntarily signed the foregoing document.
Witness my hand and notarial stamp or seal this the __day of , 20_
NOTARY PUBLIC
MY COMMISSION EXPIRES:
SUBDIVISION ADMINISTRATOR'S CERTIFICATE
This plat is exempt from subdivision regulation within the Johnston County Planning Jurisdiction.
Date Subdivision Administrator
STATE OF NORTH CAROLINA
COUNTY OF JOHNSTON
, Review Officer of Johnston County, certify that the
map or plat to which this certification is affixed meets all statutory requirements for recording.
Date Review Officer
STATE OF NORTH CAROLINA
COUNTY OF JOHNSTON
Filed for registration at
Office. Recorded in P.B.
M. , 2022 in the Register of Deeds
, PG.
Register of Deeds By
1
FEMA FLOOD STATEMENT:
A PORTION OF THE AREA
REPRESENTED BY THIS PLAT IS
LOCATED IN A FLOOD HAZARD
BOUNDARY ACCORDING TO FEMA
MAP NUMBER(S) 3720168000J
ZONE(S): AE, SHADED X & X, DATED:
DECEMBER 2, 2007.
I
STEWART
D.B. 4934,
PG. 113
SURVEYORS CERTIFICATION(S)
Surveyor's disclaimer: No attempt was made to locate any cemeteries, wetlands, hazardous material
sites, underground utilities or any other features above, or below ground other than those shown. N23°44'17"W
However, no visible evidence of cemeteries or utilities, aboveground or otherwise, was observed by 32.85' EPP
the undersigned (other than those shown).
NOTE:
L40 AND L41 ARE LOCATED
ON THE SOUTHERN EDGE OF
THE 30' DUKE -ENERGY
EASEMENT
I certify that the survey is of another category such as the recombination of existing parcels, a
court -ordered survey, or other exception to the definition of subdivision (conservation easement).
I JOHN A. RUDOLPH , certify that this plat was drawn under my supervision from (an actual survey
made under my supervision) (deed description recorded in Book SEE . Page REFS , etc.) (other);
that the ratio of precision as calculated by latitudes and departures is 1 / 10 000+; that the
boundaries not surveyed are shown as broken lines plotted from information found in D B xx
Page xx ; that this plat was prepared in accordance with G.S. 47-30 as amended. Witness my
original signature, registration number, and seal this 26th day of January, A.D. 2022.
SEAL OR STAMP
DRAWN BY: FGR
DATE: 01/26/22
DWG. NO.: CMS234MR22
SURVEYED BY: J.A.R.
Surveybr' L 4194
NOT FOR RECORDATION,
CONVEYANCES OR SALES
k2 design group
5688 U.S. Hwy. 70 East
Goldsboro, NC 27534
919.394.2547
[e-mail]
0
v
30' DUKE -ENERGY
EASEMENT (15' ON
EACH SIDE OF UTILITY
LINE (UTILITY LINE
NOT SHOWN FOR CLARITY)
STEWART
D.B. 4934, PG. 113
N01 °09'18"E
30.33'
(TIE DOWN)
RHODES
D.B. 2344 PG. 794
0
EPK
unn�1enmm�ll
11111111l111111��� 2 m. EIP
:i101��:iiiiU111�111111111:■■■■■... •••m40 (�
� s
�41
STEWART
D.B. 4934, PG. 113
CONSERVATION
EASEMENT AREA 5
4.31 ACRES
EXISTING
DITCH
(TYPICAL)
ACCESS EASEMENT 1
TO BE ABANDONED
STEWART
D.B. 4934, PG. 113
L32
10' PROPOSED PERMANENT
GROUND BED EASEMENT
(FOR ATLANTIC COAST PIPELINE, LLC)
PER D.B. 4940, PG 820-824
TO BE ABANDONED
CONSERVATION
EASEMENT AREA 4
12.15 ACRES
CONSERVATION
EASEMENT AREA 7
(ADDITION)
1.76 ACRES
50' PROPOSED PERMANENT
RIGHT-OF-WAY (FOR ATLANTIC
COAST PIPELINE, LLC)
PER D.B. 4940, PG 820-824
TO BE ABANDONED
L35
/
N89°4148"W /
271.70' /
/
/ /
/ /
/
/
/
/
L53J
L50
CURVE DATA
CURVE
ARC LENGTH
RADIUS
CHORD BEARING
CHORD LENGTH
C1
89.01'
963.73'
S73°36'40"W
88.98'
50' PROPOSED PERMANENT
RIGHT-OF-WAY (FOR ATLANTIC
COAST PIPELINE, LLC)
PER D.B. 4940, PG 820-824
TO BE ABANDONED
SHEPARD
D.B. 3883, PG. 355
PROPERTY LINE
PER P.B. 80, PG. 41
/
RHODES
D.B. 2344 PG. 794
CONSERVATION
EASEMENT AREA 2
7.44 ACRES
N01 ° 12'06"E
102.80'
EXISTING
DITCH
(TYPICAL)
N65°05'58"E
62.54'
(TIE DOWN)
50' PROPOSED PERMANENT
RIGHT-OF-WAY (FOR ATLANTIC
COAST PIPELINE, LLC)
PER D.B. 4993, PG 872-880
TO BE ABANDONED
ACCESS EASEMENT 2
NEW 15' WIDE CROSS -ACCESS EASEMENT
(7.5' ON EACH SIDE OF L54) TO BE
v L54- I� CONVEYED TO CLEARWATER HOLDINGS I,
LLC. (AREA = 0.01 ACRES± BY COORDINATE
COMPUTATION)
CONSERVATION
EASEMENT AREA 3
2.35 ACRES
Os EIP
LAMPE & IVEY
D.B. 3891, PG. 184
50' PROPOSED PERMANENT
RIGHT-OF-WAY (FOR ATLANTIC
COAST PIPELINE, LLC)
PER D.B. 4993, PG 872-880
TO BE ABANDONED
NCGS RTN DATA FOR ISS 0
- NC GRID COORDINATES FOR ISS 11
N = 608,831.1354'
E = 2,194,367.9188'
- GRID FACTOR (GRID TO GROUND)
1.00012283
GRID FACTOR (GROUND TO GRID)
0.99987717
- GEOID 2012B CONUS
ALL DISTANCES ARE HORIZONTAL
GROUND DISTANCES
- GPS RECEIVER USED: TOPCON
HIPER SR WITH A MINIMUM
OBSERVATION TIME OF 180 SECONDS
COMPLETED ON 05/03/2017
CONSERVATION
EASEMENT AREA 6
(ADDITION)
1.77 ACRES
EXISTING
DITCH
(TYPICAL)
WOODLINE
(TYPICAL)
CONSERVATION
EASEMENT AREA 1
45.57ACRES
ir CORNER 1
DESCRIPTIONS
CORNER
DESCRIPTION
0
3.0" O.D. PUMP PIPE 2.0'
ABOVE GRADE
O
2.0" O.D. IRON PIPE 2.0'
BELOW GRADE
O
1.0" O.D. IRON PIPE FLUSH
WITH GRADE
O
2.0" O.D. PUMP PIPE 1.4'
ABOVE GRADE
O
4.0" O.D. PUMP PIPE 1.0'
ABOVE GRADE, BENT
O
1.0" O.D. IRON PIPE 0.1'
ABOVE GRADE, WITNESSED
BY 4' LIGHT WOOD STAKE
O
3.0" O.D. PUMP PIPE 1.0'
ABOVE GRADE
OS
PK NAIL FLSUH WITH GRADE
O
1.0" O.D. IRON PIPE 0.4'
BELOW GRADE
10
PK NAIL FLSUH WITH GRADE
11
No. 5 REBAR FLUSH WITH
GRADE WITH YELLOW PLASTIC
CAP SUITABLE FOR GPS
SHEPARD
D.B. 3883, PG. 355
�pl
tI
NC GRID COORDINATE
N=608,831.1354'
E=2,194, 367.9188'j
SS, REFERENCE POINT
ONLY (SUITABLE FOR
GPS OBSERVATION)
N/F
ALLEN
--
M
zz
0
z
D.B
RHODES
2344 PG. 794
EXISTING
DITCH
(TYPICAL)
EPP 0
N/F
STANFIELD
S 18°34'44"W
175.23'
(TIE DOWN)
KNIGHT
D.B. 2343, PG. 210
EXISTING
36" CMP
KNIGHT
D.B. 2621, PG. 199
KNIGHT
D.B. 2567, PG. 970
z
SITE
0
N
VICINITY MAP (NTS)
DEED REFERENCE(S):
BEING A PORTION OF THE PROPERTY
RECORDED IN D.B. 2344, PG. 794 AND BEINGA
PORTION OF THE PROPERTY RECORDED IN
D.B. 4934, PG.113 OF THE JOHNSTON COUNTY
REGISTER OF DEEDS.
MAP REFERENCE(S):
P.B. 80, PG. 41
P.B. 62, PG. 351
GENERAL NOTES:
NO HORIZONTAL CONTROL EXISTS WITHIN 2000 FEET.
NOTE: NO ABSTRACT OF TITLE, NOR TITLE COMMITMENT, OR RESULTS
OF TITLE SEARCH WERE FURNISHED TO THE SURVEYOR. ALL
DOCUMENTS OF RECORD REVIEWED ARE NOTED HEREON (SEE
REFERENCES). THERE MAY EXIST OTHER DOCUMENTS OF RECORD
THAT MAY AFFECT THIS SURVEYED PARCEL.
ALL DISTANCES SHOWN ARE HORIZONTAL GROUND DISTANCES.
THE PURPOSE OF THIS PLAT IS TO IDENTIFY THE LOCATION OF
CONSERVATION EASEMENTS (DEPICTED AS CONSERVATION
EASEMENT AREAS 1-5 HEREIN), TO PROVIDEA BASIS FOR THE
CONVEYANCE AND DEDICATION OF SAID CONSERVATION EASEMENTS,
AND TO PROVIDE ACCESS TO THOSE CONSERVATION EASEMENTS
OVER THE ASSOCIATED LANDS. THIS PLAT DOES NOT CREATE NEW
PROPERTY LINES OR AFFECT ANY EXISTING PROPERTY LINES.
THE RIGHT(S) OF NON-EXCLUSIVE INGRESS, EGRESS AND REGRESS
OVER THE ASSOCIATED PROPERTY TO THE RESPECTIVE
CONSERVATION EASEMENTS AND OVER AND ALONG ANY AND ALL
EXISTING PATHS/ROADS TRANSECTING THE ASSOCIATED PROPERTY
ARE RESERVED BY THE GRANTOR(S) AND THE GRANTEE(S) OF THE
CONSERVATION EASEMENT(S) AS PROVIDED HEREIN AND IN THE
CONSERVATION EASEMENT DEEDS RECORDED IN CONNECTION WITH
THIS CONSERVATION EASEMENT PLAT ALL FOR THE USE(S)AND
PURPOSES NOT INCONSISTENT WITH THE USE OF THE CONSERVATION
EASEMENTS DESCRIBED HEREIN.
OWNER'S CERTIFICATE (PIN 169000-27-5572):
Chad Minson Stewart and wife, Ursula H. Stewart, hereby certify that we are the owners of the
property shown and described herein which property was conveyed to Chad Minton Stewart by
deeds recorded at Book 4341, Page 853, Book 4401, Page 820, and Book 4934, Page 113,
Johnston County Registry, and that we hereby adopt the plan of conservation easements and grant
and convey the easements herein with our free consent. Further, we hereby certify that the land
shown herein is within the subdivision regulation jurisdiction of Johnston County, North Carolina.
Date Chad Minson Stewart
Date Ursula H. Stewart
STATE OF NORTH CAROLINA
COUNTY OF JOHNSTON
, the undersigned notary public certify that Chad
Minson Stewart and wife, Ursula H. Stewart, personally appeared before me this day and
acknowledged to me that they voluntarily signed the foregoing document.
Witness my hand and notarial stamp or seal this the day of , 20__
NOTE:
ISS IS WITNESSED BY A 1.5" O.D. EIP 0.7' ABOVE
GRADE LOCATED S 88°26'25" E 1.0' FROM ISS. THIS
/EIP WAS FOUND LAID OVER AND DISTURBED,
SURVEYOR SET EIP AS A WITNESS TO CORNER
N88°26'25"W
832.63'
(TIE DOWN)
CONSERVATION EASEMENT
ACREAGE DATA:
CONSERVATION
EASEMENT AREA 1
RHODES TRACT
PIN 169000-48-1394
45.57 ACRES±
54.78 ACRES±
CONSERVATION
EASEMENT AREA 2
RHODES TRACT
PIN 169000-48-1394
7.44 ACRES±
CONSERVATION
EASEMENT AREA 6
(ADDITION)
RHODES TRACT
PIN 169000-48-1394
1.77 ACRES±
CONSERVATION
EASEMENT AREA 3
STEWART TRACT
PIN 169000-27-5572
2.35 ACRES±
20.57 ACRES±
CONSERVATION
EASEMENT AREA 4
STEWART TRACT
PIN 169000-27-5572
12.15 ACRES±
CONSERVATION
EASEMENT AREA 5
STEWART TRACT
PIN 169000-27-5572
4.31 ACRES±
CONSERVATION
EASEMENT AREA 7
(ADDITION)
STEWART TRACT
PIN 169000-27-5572
1.76 ACRES±
TOTAL CONSERVATION EASEMENT INCLUDING
ACCESS EASEMENT 2 & EXCLUDING ALL OTHER
EASEMENTS AND RIGHT-OF-WAYS BY COORDINATE
COMPUTATION
75.82 ACRES±
NOTARY PUBLIC
MY COMMISSION EXPIRES:
EPP®
CONSERVATION EASEMENT ADDITION
FOR
CLEARWATER HOLDINGS I, LLC
OVER A PORTION OF THE LANDS OF
THE TRACT RECORDED IN
D.B. 2344 PG. 794 (PIN NO. 169000-48-1394)
(CURRENT OWNER: JAMES CLIFTON RHODES)
AND ALSO, OVER A PORTION OF THE LANDS OF
THE TRACT RECORDED IN
D.B. 4934 PG. 113 (PIN NO. 169000-27-5572)
(CURRENT OWNER: CHAD M. STEWART)
INGRAMS TOWNSHIP JOHNSTON COUNTY NORTH CAROLINA
(THE FIELD SURVEY TOOK PLACE DURING MAY & DECEMBER 2017)
200 100 0
200 400
600
GRAPHIC SCALE 1" = 200'
I

r
LEGEND:
ISS - IRON STAKE SET
ECM - EXISTING CONCRETE MARKER
EIP - EXISTING IRON PIPE
ERRR - EXISTING RAILROAD RAIL
PTI - PINCHED TOP IRON
EA - EXISTING AXLE
EDS - EXISTING DRIVE SHAFT
EMN - EXISTING MAG NAIL
CMP - CORRUGATED METAL PIPE
O.D. - OUTSIDE DIAMETER
RPS - RANGE POLE SET
EMN - EXISTING MAG NAIL
MNS - MAG NAIL SET
EIS - EXISTING IRON STAKE
EPP - EXISTING PUMP PIPE
PPS - PUMP PIPE SET
NMC - NON-MONUMENTED CORNER
R/W - RIGHT OF WAY
EOP - EDGE OF PAVEMENT
PB - PLAT BOOK
D.B. - DEED BOOK
PG. - PAGE
o - NON-MONUMENTED CORNER
UNLESS OTHERWISE NOTED
No. 5 REBAR FLUSH WITH
GRADE WITH YELLOW
•
PLASTIC CAP INSCRIBED:
"CONSERVATION EASEMENT"
CONSERVATION EASEMENT
LINE
- - TIE DOWN LINE
ADJOINER OR R/W LINE
LINE DATA ALONG THE
CONSERVATION
EASEMENT AREAS
LINE
BEARING
DISTANCE
L1
S18°34'32"W
762.01'
L2
S18°34'47"W
131.57'
L3
S18°36'33'W
1375.26'
L4
N88°26'25"W
873.50'
L5
N01°12'06"E
246.29'
L6
N30°18'21"E
1416.82'
L7
N12°00'48"E
199.54'
L8
N65°05'58"E
129.53'
L9
N65°05'58"E
129.53'
L10
N75°56'50"E
235.75'
L11
N88°38'52"E
61.26'
L12
N84°00'57"E
150.38'
L13
N82°00'25'E
150.25'
L14
S02°29'51"E
99.15'
L15
S12°00'48"W
153.93'
L16
S30°18'21"W
1318.96'
L17
N01°12'06"E
705.05'
L18
N01°12'06"E
229.58'
L19
N77°36'23"E
226.61'
L20
N37°52'30"E
49.49'
L21
N59°55'53"E
57.17'
L22
NO2°02'15"W
38.35'
L23
N75°10'59"E
12.26'
L24
N61°56'57"E
125.96'
L25
S42°19'31"E
88.03'
L26
N59°19'32"E
57.41'
L27
N 16°59'44"E
117.03'
L28
N28°03'03"W
8.69'
L29
N65°05'58"E
128.31'
L30
S30°18'21"W
696.31'
LINE DATA ALONG THE
CONSERVATION
EASEMENT AREAS
LINE
BEARING
DISTANCE
L31
S89°41'48"E
338.73'
L32
S88°55'49"W
511.52'
L33
S33°05'31 "W
293.63'
L34
SO4°09'59'E
798.43'
L35
S89°41'48"E
215.80'
L36
N30°18'21"E
805.41'
L37
N01°02'39"E
358.00'
L38
S77°36'23"W
52.46'
L39
N31°21'17"W
93.33'
L40
S85°26'31 "W
180.14'
L41
S85°34'17"W
175.68'
L43
S18°35'53"E
145.69'
L44
S36°44'59"E
159.15'
L45
S47°08'18"E
141.34'
L46
S62°58'01"E
154.65'
L47
S81°38'54"E
115.98'
L48
N01 °02'39"E
206.32'
L49
S89°24'43"E
18.56'
L50
S88°55'49"W
15.01'
L51
N01°02'39"E
121.57'
L52
S81°38'54"E
15.12'
L53
S01 °02'39"W
119.09'
L54
N01°12'06"E
20.00'
L55
N01°12'06"E
336.79'
OWNER'S CERTIFICATE (PIN 169000-48-1394):
James Clifton Rhodes and wife, Teresa M. Rhodes, hereby certify that we are the owners of the
property shown and described herein which property was conveyed to James Clifton Rhodes by
deed recorded at Book 2344, Page 794, Johnston County Registry, and that we hereby adopt the
plan of conservation easements and grant and convey the easements herein with our free consent.
Further, we hereby certify that the land shown herein is within the subdivision regulation jurisdiction
of Johnston County, North Carolina.
D�S/!8eLpitor iejecho
Datu.0
�$mes Clifton Rhodes
D e V
esa M. Rhodes
STATE OF NORTH CAROLINA
COUNTY OF JOHNSTON
rn.
*1/2‘77 . , the undersigned notary public certify that James
Clifton Rhodes and wife, Teresa M. Rhodes, personally appeared before me this day and
acknowledged to me that they voluntarily signed the foregoing document.
Witness my hand and notarial stamp or seal this the $ day of631/, 20 /:.
��Qeq��lHl�tl;�
tN<e/c-.
ff ‘4.O1.11,) •►
7 AQS LAG
UNri
NOTARY PUBLIC �/1
MY COMMISSION EXPIRES: J I "'W.2y
STATE OF NORTH CAROLINA
COUNTY OF JOHNSTON
I, �f ✓�{ £fCL kl , Review Officer of Johnston County, certify that the
map or plat tot which this certification is affixed meets all statutory requirements for recording.
Date
Review O icer 4 J
SURVEYORS CERTIFICATION(S)
Surveyor's disclaimer: No attempt was made to locate any cemeteries, wetlands, hazardous material
sites, underground utilities or any other features above, or below ground other than those shown.
However, no visible evidence of cemeteries or utilities, aboveground or otherwise, was observed by
the undersigned (other than those shown).
I certify that the survey is of another category such as the recombination of existing parcels, a
court -ordered survey, or other exception to the definition of subdivision (conservation easement).
JOHN A. RUDOLPH , certify that this plat was drawn under my supervision from (an actual survey
made under my supervision) (deed description recorded in Book SEE , Page REFS , etc.) (other);
that the ratio of precision as calculated by latitudes and departures is 1 / 10,000+; that the
boundaries not surveyed are shown as broken lines plotted from information found in D.B. xx
Page xx ; that this plat was prepared in accordance with G.S. 47-30 as amended. Witness my
original signature, registration number, and seal this 9th day of January, A.D. 2018.
SEAL OR STAMP
SEAL
94
SUf;VE�O�' �.
•.., ... ,...�,,,,
. RU���,.
DRAWN BY: FGR
DATE: 01/09/18
DWG. NO.: CMS234MR17
' URVEYED BY: J.A.R.
Surveyor
k2 design group
5688 U.S. Hwy. 70 East
Goldsboro, NC 27534
919.394.2547
[e-mail]
STATE OF NORTH CAROLINA
COUNTY OF JOHNSTON
Filed for registration at I:4T 3O Am . Tbi � (0 2018 in the Register of Deeds
Office. Recorded in P.B. , PG. oZ 33 .
ail(DULV'4! -1
Re ister o eeds By
V�
9
FEMA FLOOD STATEMENT:
A PORTION OF THE AREA
REPRESENTED BY THIS PLAT IS
LOCATED IN A FLOOD HAZARD
BOUNDARY ACCORDING TO FEMA
MAP NUMBER(S) 3720168000J
ZONE(S): AE, SHADED X & X, DATED:
DECEMBER 2, 2007.
NOTE:
L40 AND L41 ARE LOCATED
ON THE SOUTHERN EDGE OF
THE 30' DUKE -ENERGY
EASEMENT
ACCESS EASEMENT 1
NEW 15' WIDE NON-EXCLUSIVE ACCESS
EASEMENT FOR INGRESS, EGRESS &
REGRESS AND FUTURE UTILITY EASEMENT
TO BE CONVEYED TO CLEARWATER
HOLDINGS I, LLC. (AREA = 0.04 ACRES* BY
COORDINATE COMPUTATION) STEWART
D.B. 4934, PG. 113
EPP
0
GENSE No
1
30' DUKE -ENERGY
EASEMENT (15' ON
EACH SIDE OF UTILITY
LINE (UTILITY LINE
NOT SHOWN FOR CLARITY)
STEWART
D.B. 4934, PG. 113
N01 °09'18"E
30.33'
(TIE DOWN)
w"A ailna L40
STEWART
D.B. 4934, PG. 113
CONSERVATION
EASEMENT AREA 5
4.31 ACRES
EXISTING
DITCH
(TYPICAL)
L32
10' PROPOSED PERMANENT
GROUND BED EASEMENT
(FOR ATLANTIC COAST PIPELINE, LLC)
PER D.B. 4940, PG 820-824
CONSERVATION
EASEMENT AREA 4
12.15 ACRES
50' PROPOSED PERMANENT
RIGHT-OF-WAY (FOR ATLANTIC
COAST PIPELINE, LLC)
PER D.B. 4940, PG 820-824
L35
N89°41'48"W
271.70' .�
(TIE DOWN) 'y�!
• SEAL
•.2 2000 �.
i ••Oh, 0\e,. • ,
'isr
50
J
RHODES
D.B. 2344 PG. 794
CURVE DATA
CURVE
ARC LENGTH
RADIUS
CHORD BEARING
CHORD LENGTH
C1
89.01'
963.73'
S73°36'40"W
88.98'
SHEPARD
D.B. 3883, PG. 355
PROPERTY LINE
PER P.B. 80, PG. 41
EPK
m"a L22
S01 ° 12'06"W
90.93'
(TIE DOWN)
RHODES
D.B. 2344 PG. 794
CONSERVATION
EASEMENT AREA 2
7.44 ACRES
N01 ° 12'06"E
102.80'
(TIE DOWN)
EXISTING
40" CMP
EXISTING
DITCH
(TYPICAL)
50' PROPOSED PERMANENT
RIGHT-OF-WAY (FOR ATLANTIC
COAST PIPELINE, LLC)
PER D.B. 4993, PG 872-880
ACCESS EASEMENT 2
NEW 15' WIDE CROSS -ACCESS EASEMENT
(7.5' ON EACH SIDE OF L54) TO BE
L54 CONVEYED TO CLEARWATER HOLDINGS I,
LLC. (AREA = 0.01 ACRES± BY COORDINATE
COMPUTATION)
L2 L7
CONSERVATION
EASEMENT AREA 3
2.35 ACRES
L
EIP
0
LAMPE & IVEY
D.B. 3891, PG. 184
NCGS RTN DATA FOR ISS 11
- NC GRID COORDINATES FOR ISS 11
N = 608,831.1354'
E = 2,194,367.9188'
- GRID FACTOR (GRID TO GROUND)
1.00012283
- GRID FACTOR (GROUND TO GRID)
0.99987717
- GEOID 2012B CONUS
- ALL DISTANCES ARE HORIZONTAL
GROUND DISTANCES
- GPS RECEIVER USED: TOPCON
HIPER SR WITH A MINIMUM
OBSERVATION TIME OF 180 SECONDS
COMPLETED ON 05/03/2017
N75°56'50"E
169.90'
(TIE DOWN)
N65°05'58"E
62.54'
(TIE DOWN)
EXISTING
DITCH
(TYPICAL)
WOODLINE
(TYPICAL)
CONSERVATION
EASEMENT AREA 1
45.57ACRES
i CORNER 1
DESCRIPTIONS
CORNER
DESCRIPTION
O
3.0" O.D. PUMP PIPE 2.0'
ABOVE GRADE
O
2.0" O.D. IRON PIPE 2.0'
BELOW GRADE
O
1.0" O.D. IRON PIPE FLUSH
WITH GRADE
Q
2.0" O.D. PUMP PIPE 1.4'
ABOVE GRADE
O
4.0" O.D. PUMP PIPE 1.0'
ABOVE GRADE, BENT
O
1.0" O.D. IRON PIPE 0.1'
ABOVE GRADE, WITNESSED
BY 4' LIGHT WOOD STAKE
O
3.0" O.D. PUMP PIPE 1.0'
ABOVE GRADE
Q
PK NAIL FLSUH WITH GRADE
0
1.0" O.D. IRON PIPE 0.4'
BELOW GRADE
to
PK NAIL FLSUH WITH GRADE
11
No. 5 REBAR FLUSH WITH
GRADE WITH YELLOW PLASTIC
CAP SUITABLE FOR GPS /
GP�N ‘c
l66/P
SHEPARD
D.B. 3883, PG. 355
NC GRID COORDINATE
iii:.
N=608,831.1354'
E=2,194,367.9188' J
ISS, REFERENCE POINT
ONLY (SUITABLE FOR
GPS OBSERVATION)
N/F
ALLEN
0
� 93
c�a
zz
x
cc
O
z
NOTE:
RHODES
D.B. 2344 PG. 794
EXISTING
DITCH
(TYPICAL)
7
N/F
STANFIELD
r-� S18°34'44"W
175.23'
(TIE DOWN)
KNIGHT
D.B. 2343, PG. 210
EXISTING
36" CMP
KNIGHT
D.B. 2621, PG. 199
KNIGHT
D.B. 2567, PG. 970
N
SITE
VICINITY MAP (NTS)
DEED REFERENCE(S):
BEING A PORTION OF THE PROPERTY
RECORDED IN D.B. 2344, PG. 794 AND BEING A
PORTION OF THE PROPERTY RECORDED IN
D.B. 4934, PG.113 OF THE JOHNSTON COUNTY
REGISTER OF DEEDS.
MAP REFERENCE(S):
P.B. 80, PG. 41
P.B. 62, PG. 351
GENERAL NOTES:
NO HORIZONTAL CONTROL EXISTS WITHIN 2000 FEET.
NOTE: NO ABSTRACT OF TITLE, NOR TITLE COMMITMENT, OR RESULTS
OF TITLE SEARCH WERE FURNISHED TO THE SURVEYOR. ALL
DOCUMENTS OF RECORD REVIEWED ARE NOTED HEREON (SEE
REFERENCES). THERE MAY EXIST OTHER DOCUMENTS OF RECORD
THAT MAY AFFECT THIS SURVEYED PARCEL.
ALL DISTANCES SHOWN ARE HORIZONTAL GROUND DISTANCES.
THE PURPOSE OF THIS PLAT IS TO IDENTIFY THE LOCATION OF
CONSERVATION EASEMENTS (DEPICTED AS CONSERVATION
EASEMENT AREAS 1-5 HEREIN), TO PROVIDE A BASIS FOR THE
CONVEYANCE AND DEDICATION OF SAID CONSERVATION EASEMENTS,
AND TO PROVIDE ACCESS TO THOSE CONSERVATION EASEMENTS
OVER THE ASSOCIATED LANDS. THIS PLAT DOES NOT CREATE NEW
PROPERTY LINES OR AFFECT ANY EXISTING PROPERTY LINES.
THE RIGHT(S) OF NON-EXCLUSIVE INGRESS, EGRESS AND REGRESS
OVER THE ASSOCIATED PROPERTY TO THE RESPECTIVE
CONSERVATION EASEMENTS AND OVER AND ALONG ANY AND ALL
EXISTING PATHS/ROADS TRANSECTING THE ASSOCIATED PROPERTY
ARE RESERVED BY THE GRANTOR(S) AND THE GRANTEE(S) OF THE
CONSERVATION EASEMENT(S) AS PROVIDED HEREIN AND IN THE
CONSERVATION EASEMENT DEEDS RECORDED IN CONNECTION WITH
THIS CONSERVATION EASEMENT PLAT ALL FOR THE USE(S) AND
PURPOSES NOT INCONSISTENT WITH THE USE OF THE CONSERVATION
EASEMENTS DESCRIBED HEREIN.
OWNER'S CERTIFICATE (PIN 169000-27-5572):
Chad Minson Stewart and wife, Ursula H. Stewart, hereby certify that we are the owners of the
property shown and described herein which property was conveyed to Chad Minton Stewart by
deeds recorded at Book 4341, Page 853, Book 4401, Page 820, and Book 4934, Page 113,
Johnston County Registry, and that we hereby adopt the plan of conservation easements and grant
and convey the easements herein • h our free conse `'Fu her, we hereby certify that the land
shown herein is within the s i on regulation jurisd•tio o Johnston • _ ty, North Carolina.
2-5-lr
Date
/(id•taiol
Chzrd Minson Stewart
Da rsu a . Stewart
STATE OF NORTH CAROLINA
COUNTY OF ISTON
Await/
1.e4C'AT • t ' ` i :Pt , the undersigned notary public certify that Chad
Minson Stewart and wife, Ursula H. Stewart, personally appeared before me this day and
acknowledged to me that they voluntarily signed the forego pg document.
Witness my hand and notarial stamp or seal this the 6 day of fI
ISS IS WITNESSED BYA 1.5" O.D. EIP 0.7' ABOVE
GRADE LOCATED S 88°26'25" E 1.0' FROM ISS. THIS
EIP WAS FOUND LAID OVER AND DISTURBED,
SURVEYOR SET EIP AS A WITNESS TO CORNER
N88°26'25"W
832.63'
(TIE DOWN)
00011t auayse
/
3 Foci c •
CC 1
SUBDIVISION ADMINISTRATOR'S CERTIFICATE
This plat is exempt from subdivision regulation within the Johnston County Planning Jurisdiction.
Date
EPP 5 Ii
coal ,;,,TP
Subdivision Administrator
CONSERVATION EASEMENT
ACREAGE DATA:
CONSERVATION
EASEMENT AREA 1
RHODES TRACT
PIN 169000-48-1394
45.57 ACRES±
53.01 ACRES±
CONSERVATION
EASEMENT AREA 2
RHODES TRACT
PIN 169000-48-1394
7.44 ACRES±
CONSERVATION
EASEMENT AREA 3
STEWART TRACT
PIN 169000-27-5572
2.35 ACRES±
18.81 ACRES±
CONSERVATION
EASEMENT AREA 4
STEWART TRACT
PIN 169000-27-5572
12.15 ACRES±
CONSERVATION
EASEMENT AREA 5
STEWART TRACT
PIN 169000-27-5572
4.31 ACRES±
TOTAL CONSERVATION EASEMENT INCLUDING
ACCESS EASEMENT 2 & EXCLUDING ALL OTHER
EASEMENTS AND RIGHT-OF-WAYS BY COORDINATE
COMPUTATION
71.82 ACRES±
NOTARY PUBLIC
MY COMMISSION EXPIRES:
, 20 iS
5-- l- tot'z
CONSERVATION EASEMENT
FOR
CLEARWATER HOLDINGS I, LLC
OVER A PORT/ON OF THE LANDS OF
THE TRACT RECORDED IN
D.B. 2344 PG. 794 (PIN NO. 169000-48-1394)
(CURRENT OWNER: JAMES CLIFTON RHODES)
AND ALSO, OVER A PORT/ON OF THE LANDS OF
THE TRACT RECORDED IN
D.B. 4934 PG. 113 (PIN NO. 169000-27-5572)
(CURRENT OWNER: CHAD M. STEWART)
INGRAMS TOWNSHIP JOHNSTON COUNTY NORTH CAROLINA
(THE FIELD SURVEY TOOK PLACE DURING MAY & DECEMBER 2017)
200 100 0
200 400 600
GRAPHIC SCALE I" = 200'
is
i

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Robert H. Merritt, Jr.
Bailey & Dixon, LLC
434 Fayetteville Street, Suite 2500
Raleigh, NC 27601
SPACE ABOVE THIS LINE FOR RECORDER'S USE
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this
day of October 2022 by and between, James Clifton Rhodes and wife,
Teresa M. Rhodes (the"Grantor"), CLEARWATER MITIGATION SOLUTIONS, LLC, a
North Carolina Limited Liability Company whose primary address is 604 Macon Place,
Raleigh, NC 27609 and its successors and assigns (the "Grantee").
The designation Grantor and Grantee as used herein shall include said
parties, their heirs, successors and assigns, and shall include singular, plural,
masculine, feminine or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated,
lying and being in Johnston County, North Carolina, more particularly described
in Exhibit A attached hereto and incorporated herein (the "Property");
1

WHEREAS, Grantee is a North Carolina limited liability company who
will be assigning its interest to North Carolina Wildlife Habitat Foundation, Inc.
a North Carolina non-profit corporation, who is a charitable, not -for -profit or
educational corporation, association, or trust qualified under § 501 (c)(3) and §
170 (h) of the Internal Revenue Code, and N.C. Gen. Stat. § 121-34 et seq.,
the purposes or powers of which include one or more of the purposes (a) — (d)
listed below;
(a) retaining or protecting natural, scenic, or open -space aspects of
real property;
(b) ensuring the availability of real property for recreational,
educational, or open -space use;
(c) protecting natural resources;
(d) maintaining or enhancing air or water quality.
WHEREAS, Grantor and Grantee recognize the conservation, scenic,
natural, or aesthetic value of the property in its natural state, which includes
the following natural communities: riparian wetlands and non -riparian wetlands.
The purpose of this Conservation Easement is to maintain wetlands, riparian
resources and other natural values of approximately 1.77 acres, more or less,
and being more particularly described in Exhibit B attached hereto and
incorporated fully herein by reference (the "Conservation Easement Area"),
and prevent the use or development of the Conservation Easement Area for
any purpose or in any manner that would conflict with the maintenance of its
natural condition.
WHEREAS, the restoration, enhancement and preservation of the
Conservation Easement Area is a condition of the approval of the Mitigation
Banking Instrument (MBI) and Mitigation Plan for the Lowlands Site Mitigation
Bank, Department of the Army (DA) Action ID Number SAW- SAW-2015-
01815, entitled "Agreement to Establish the Clearwater Neuse 01 Mitigation
Bank in the Neuse River Basin within the State of North Carolina", entered into
by and between Clearwater Mitigation Solutions, LLC acting as the Bank
Sponsor and the Wilmington District Corps of Engineers (Corps), in
consultation with the North Carolina Interagency Review Team (IRT). The
Lowlands Mitigation Site has been approved by the Corps for use as a
mitigation bank to compensate for unavoidable stream and wetland impacts
authorized by DA permits.
WHEREAS, Grantor and Grantee agree that third -party rights of
enforcement shall be held by the U.S. Army Corps of Engineers, Wilmington
District ("Third-Parties,"to include any successor agencies), and may be
exercised through the appropriate enforcement agencies of the United States,
and that these rights are in addition to, and do not limit, the rights of
enforcement under the Department of the Army instrument number SAW-
SAW-2015-01815 ("Mitigation Banking Instrument"), or any permit or
certification issued by the Third -Parties.
2

NOW, THEREFORE, for and in consideration of the covenants and
representations contained herein and for other good and valuable
consideration, the receipt and legal sufficiency of which is hereby
acknowledged, Grantor hereby unconditionally and irrevocably grants and
conveys unto Grantee, its heirs, successors and assigns, forever and in
perpetuity a Conservation Easement of the nature and character and to the
extent hereinafter set forth, over the Conservation Easement Area described
on Exhibit B, together with the right to preserve and protect the conservation
values thereof, as follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation
Easement is an easement in gross, runs with the land and is enforceable by
Grantee against Grantor, Grantor's personal representatives, heirs, successors
and assigns, lessees, agents and licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Conservation Easement Area inconsistent
with the purpose of this Conservation Easement is prohibited. The
Conservation Easement Area shall be preserved in its natural condition and
restricted from any development that would impair or interfere with the
conservation values of the Conservation Easement Area.
Without limiting the generality of the foregoing, the following activities
and uses are expressly prohibited, restricted or reserved as indicated
hereunder:
A. Disturbance of Natural Features. Any change disturbance,
alteration or impairment of the natural features of the Conservation Easement
Area 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 Conservation Easement Area.
C. Industrial, Commercial and Residential Use. Industrial, residential
and/or commercial activities, including any rights of passage for such purposes
are prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing,
3

animal husbandry, and horticultural use of the Conservation Easement Area
are prohibited.
E. Vegetation. There shall be no removal, burning, destruction,
harming, cutting or mowing of trees, shrubs, or other vegetation in the
Conservation Easement Area except as provided in the Mitigation Plan.
Mowing of invasive and herbaceous vegetation for purposes of enhancing
planted or volunteer trees and shrubs approved in the Mitigation Plan is
allowable once a year for no more than five consecutive years from the date on
page 1 of this Conservation Easement, except where mowing will negatively
impact vegetation or disturb soils. Mowing activities shall only be performed by
Clearwater Mitigation Solutions, LLC and shall not violate any part of Item L of
Article II.
F. Roads and Trails. There shall be no construction of roads, trails or
walkways on the Conservation Easement Area; nor enlargement or
modification to existing roads, trails or walkways.
G. Signage. No signs shall be permitted on or over the Conservation
Easement Area, except the posting of no trespassing signs, signs identifying
the conservation values of the Conservation Easement Area, signs giving
directions or proscribing rules and regulations for the use of the Conservation
Easement Area and/or signs identifying the Grantor as owner of the
Conservation Easement Area.
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 Conservation Easement
Area 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 Conservation Easement Area, except to
restore natural topography or drainage patterns. For purposes of restoring and
enhancing streams and wetlands within the Conservation Easement Area,
Clearwater Mitigation Solutions, LLC is allowed to perform grading, filling, and
excavation associated with stream and wetland restoration and enhancement
activities as described in the Mitigation Plan and authorized by Department of
the Army Nationwide Permit 27.
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
4

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 Easement 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 other than for temporary or occasional access by the Clearwater
Mitigation Solutions, LLC, the Grantee, its employees and agents,
successors, assigns, NCDWR, and the Corps for purposes of constructing,
maintaining and monitoring the restoration, enhancement and preservation
of streams, wetlands and riparian areas within the Conservation Easement
Area. The use of mechanized vehicles for monitoring purposes is limited to
only existing roads and trails as shown in the approved in the mitigation
plan.
M. Other Prohibitions. Any other use of, or activity on, the
Conservation Easement Area which is or may become inconsistent with the
purposes of this grant, the preservation of the Conservation Easement Area
substantially in its natural condition, or the protection of its environmental
systems, is prohibited.
ARTICLE III.
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives,
heirs, successors or assigns, the right to continue the use of the Conservation
Easement Area for all purposes not inconsistent with this Conservation
Easement, including, but not limited to, the right to quiet enjoyment of the
Conservation Easement Area, the rights of ingress and egress, the right to
hunt, fish, and hike on the Conservation Easement Area, the right to sell,
transfer, gift or otherwise convey the Conservation Easement Area, in whole or
in part, provided such sale, transfer or gift conveyance is subject to the terms
of, and shall specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor,
its successors and assigns, including Clearwater Mitigation Solutions, LLC
acting as the Bank Sponsor, the right to construct and perform activities related
to the restoration, enhancement, and preservation of streams, wetlands and
riparian areas within the Conservation Easement Area in accordance with the
approved Lowlands Site Mitigation Plan, and the Mitigation Banking Instrument
described in the Recitals of this Conservation Easement.
5

ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns,
and the Corps, shall have the right to enter the Property and Conservation
Easement Area at all reasonable times for the purpose of inspecting the
Conservation Easement Area to determine if the Grantor, or his personal
representatives, heirs, successors, or assigns, is complying with the terms,
conditions, restrictions, and purposes of this Conservation Easement. The
Grantee, Clearwater Mitigation Solutions, LLC, and its authorized
representatives, successors and assigns, and the Corps shall also have the
right to enter and go upon the Conservation Easement Area for purposes of
making scientific or educational observations and studies, and taking samples.
The easement rights granted herein do not include public access rights.
ARTICLE V.
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee, the Corps,
and NCDWR are allowed to prevent any activity on or use of the Conservation
Easement Area that is inconsistent with the purposes of this Easement and to
require the restoration of such areas or features of the Conservation Easement
Area that may be damaged by such activity or use. Upon any breach of the
terms of this Conservation Easement by Grantor that comes to the attention of
the Grantee, the Grantee shall notify the Grantor in writing of such breach. The
Grantor shall have 30 days after receipt of such notice to correct the conditions
constituting such breach. If the breach remains uncured after 30 days, the
Grantee may enforce this Conservation Easement by appropriate legal
proceedings including damages, injunctive and other relief. Notwithstanding
the foregoing, the Grantee reserves the immediate right, without notice, to
obtain a temporary restraining order, injunctive or other appropriate relief if the
breach of the terms of this Conservation Easement is or would irreversibly or
otherwise materially impair the benefits to be derived from this Conservation
Easement. The Grantor and Grantee acknowledge that under such
circumstances damage to the Grantee would be irreparable and remedies at
law will be inadequate. The rights and remedies of the Grantee provided
hereunder shall be in addition to, and not in lieu of, all other rights and
remedies available to Grantee in connection with this Conservation Easement.
The costs of a breach, correction or restoration, including the Grantee's
expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided
Grantor is determined to be responsible for the breach. The Corps and the
NCDWR shall have the same rights and privileges as the said Grantee to
enforce the terms and conditions of this Conservation easement.
B. No failure on the part of the Grantee to enforce any covenant or
provision hereof shall discharge or invalidate such covenant or any other
covenant, condition, or provision hereof or affect the right to Grantee to enforce
6

the same in the event of a subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be
construed to entitle Grantee to bring any action against Grantor for any injury or
change in the Conservation Easement Area resulting from causes beyond the
Grantor's control, including, without limitation, fire, flood, storm, war, acts of
God or third parties, except Grantor's lessees or invitees; or from any prudent
action taken in good faith by Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to life, damage to property or harm to the
Conservation Easement Area resulting from such causes.
ARTICLE VI.
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns
the Property in fee simple, and that Grantor either owns all interests in the
Property which may be impaired by the granting of this Conservation Easement
or that there are no outstanding mortgages, tax liens, encumbrances, or other
interests in the Property which have not been expressly subordinated to this
Conservation Easement. Grantor further warrants that Grantee shall have the
use of and enjoy all the benefits derived from and arising out of this
Conservation Easement, and that Grantor will warrant and defend title to the
Property against the claims of all persons. -
B. Subsequent Transfers. The Grantor agrees to incorporate the terms
of this Conservation Easement in any deed or other legal instrument that
transfers any interest in all or a portion of the Conservation Easement Area.
The Grantor agrees to provide written notice of such transfer at least sixty (60)
days prior to the date of the transfer. The Grantor and Grantee agree that the
terms of this Conservation Easement shall survive any merger of the fee and
easement interests in the Conservation Easement Area or any portion thereof
and shall not be amended, modified or terminated without the prior written
consent and approval of the Corps.
C. Assignment. The parties recognize and agree that the benefits of
this Conservation Easement are in gross and assignable provided, however
that the Grantee hereby covenants and agrees, that in the event it transfers or
assigns this Conservation Easement, the organization receiving the interest will
be a qualified holder pursuant to 33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34
et seq. and § 501 (c)(3) and § 170 (h) of the Internal Revenue Code, and the
Grantee further covenants and agrees that the terms of the transfer or
assignment will be such that the transferee or assignee will be required to
continue in perpetuity the conservation purposes described in this document.
D. Entire Agreement and Severability. The Mitigation Banking
Instrument: MBI with corresponding Mitigation Plan, and this Conservation
Easement sets forth the entire agreement of the parties with respect to the

Conservation Easement and supersedes all prior discussions, negotiations,
understandings or agreements relating to the Conservation Easement. If any
provision is found to be void or unenforceable by a court of competent
jurisdiction, the remainder shall continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate
taxes, assessments, fees, or charges levied upon the Property. Grantor shall
keep the Property free of any liens or other encumbrances for obligations
incurred by Grantor, except those incurred after the date hereof, which are
expressly subject and subordinate to the Conservation Easement. Grantee shall
not be responsible for any costs or liability of any kind related to the ownership,
operation, insurance, upkeep, or maintenance of the Property, except as
expressly provided herein. Nothing herein shall relieve the Grantor of the
obligation to comply with federal, state or local laws, regulations and permits
that may apply to the exercise of the Reserved Rights.
F. Long -Term Management. Grantor is responsible for all long-term
management activities associated with fencing. These activities include the
maintenance and/or replacement of fence structures to ensure the aquatic
resource functions within the boundaries of the Protected Property are
sustained.
G. Extinguishment. In the event that changed conditions render
impossible the continued use of the Conservation Easement Area for the
conservation purposes, this Conservation Easement may only be extinguished,
in whole or in part, by judicial proceeding.
H. Eminent Domain. Whenever all or part of the Conservation
Easement Area is taken in the exercise of eminent domain so as to
substantially abrogate the Restrictions imposed by this Conservation
Easement, Grantor and Grantee shall join in appropriate actions at the time of
such taking to recover the full value of the taking, and all incidental and direct
damages due to the taking.
I. Proceeds. This Conservation Easement constitutes a real property
interest immediately vested in Grantee. In the event that all or a portion of the
Conservation Easement Area is sold, exchanged, or involuntarily converted
following an extinguishment or the exercise of eminent domain, Grantee shall
be entitled to the fair market value of this Conservation Easement as
determined at the time of the extinguishment or condemnation.
1. Notification. Any notice, request for approval, or other
communication required under this Conservation Easement shall be sent by
registered or certified mail, postage prepaid, to the following addresses (or such
address as may be hereafter specified by notice pursuant to this paragraph):
8

To Grantor:
James Clifton and Teresa Rhodes
2009 Devils Racetrack Road
Four Oaks, NC 27524
To Grantee:
Clearwater Mitigation Solutions, LLC
604 Macon Place
Raleigh, NC 27609
To Sponsor:
Clearwater Mitigation Solutions, LLC
604 Macon Place
Raleigh, NC 27609
To the Corps:
US Army Corps of Engineers Wilmington District, Regulatory Division
69 Darlington Avenue
Wilmington, NC 28403
K. Failure of Grantee. If at any time Grantee is unable or fails to
enforce this Conservation Easement, or if Grantee ceases to be a qualified
grantee, and if within a reasonable period of time after the occurrence of one of
these events Grantee fails to make an assignment pursuant to this
Conservation Easement, then the Grantee's interest shall become vested in
another qualified grantee in accordance with an appropriate proceeding in a
court of competent jurisdiction.
L. Amendment. This Conservation Easement may be amended, but
only in a writing signed by all parties hereto, and provided such amendment
does not affect the qualification of this Conservation Easement or the status of
the Grantee under any applicable laws, and is consistent with the conservation
purposes of this grant.
M. Present Condition of the Conservation Easement Area. The
wetlands, scenic, resource, environmental, and other natural characteristics of
the Conservation Easement Area, and its current use and state of
improvement, are described in Amended Lowlands Site Mitigation Plan,
prepared by Grantor and acknowledged by the Grantor and Grantee to be
complete and accurate as of the date hereof. Both Grantor and Grantee have
copies of this report. It will be used by the parties to assure that any future
changes in the use of the Conservation Easement Area will be consistent with
the terms of this Conservation Easement. However, this report is not intended
to preclude the use of other evidence to establish the present condition of the
Conservation Easement Area if there is a controversy over its use.
9

TO HAVE AND TO HOLD the said rights and easements perpetually
unto Grantee for the aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and
seal, the day and year first above written.
[Signatures of the Grantor and Grantee in appropriate form]

Grantor/Seller
By:
Print Name: James Clifton Rhodes
By:
Print Name: Teresa M. Rhodes
NORTH CAROLINA
COUNTY OF
I, , a Notary Public in and for the County and State aforesaid, do
hereby certify that , GRANTOR, personally appeared
before me this day and acknowledged the execution of the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of
, 2022.
Notary Public
My commission expires:
11

Grantee/Buyer
By:
Authorized Officer
Print Name J. Kevin Yates
NORTH CAROLINA
COUNTY OF
I, , a Notary Public in and for the County and State aforesaid,
do hereby certify that , personally appeared before me this day
and acknowledged that he/she is the of Member/Manager, of CLEARWATER MITIGATION
SOLUTIONS, LLC, a North Carolina Limited Liability Company, GRANTEE, and that by the authority
duly given as an act of the limited liability company, the foregoing instrument was signed in its name by
its authorized officer and attested by its authorized officer.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of
2022.
Notary Public
My commission expires:
12

EXHIBIT A
(Legal Description of Property)
BEING ALL OF that certain approximately 58 acre tracts of land in Johnston County,
North Carolina full described as follows:
TRIM # 1
Beginning on a pine stump formerly John Sellers comer and now Hackney Wagon Company land runs as said
line S 1$ W 136 poles to a stake; thence W 53 poles to a stake; thence N 108 poles to a stake, Formerly C S
Powell's line; thence as his line N 79 E 95 poles to the beginning, containing 55 acres, more or Tess, and being
the property conveyed to D C Rhodes by Rebecca Rhodes, Widow, by deed dated June 23, 1923 and recorded
in Hook 129, Page 176, Registry ofJoluiston County.
TRACT # 2
Beginning at a white nak corner Lot No. 5 and rums N 5.70 chains to a comer in the Old Beard line; thence with
said in W 25 chains to a comer on a pine; thence N 3.50 chains to a stake; W 31.30 chains to a stake in the run
of Little Swamp; thence down said swamp as it meanders to a stake corner lot No, 5; thence E 43.50 chains to
the beginning, containing 36 acres, more or less, and being Lot # 6 of the division of James H. Rhodes property
as shown in L D 13 page 391, page 392, Registry of Johnston County.
AND BEING the same property described in deed recorded in Deed Book 062, Page 0351,
Deed Book 02344, Page 0794, Pin 169000-48-1394, Johnston County Registry.
13

EXHIBIT B
(Legal Description of the Conservation Easement Area)
Conservation Easement Area 6
All of the Conservation Easement Area 6 of the Lowlands Site over a portion of the land of James
Clifton Rhodes (PIN No 169000-48-1394) lying and being situated in Ingrams Township, Johnston
County, North Carolina and particularly described as follows (all distances are ground distances
unless otherwise noted):
Beginning at an iron stake (Point of Beginning) being the most Northeastern point of Conservation
Easement Area 6 on the Southern right-of-way of N.C.S.R. 1184 (Guin Rd) and being located North
22°37'26" West 568.23 feet from an iron stake (Point No. 11) with N.C. Grid Coordinates
N=608,831.1354', E=2,194,367.9188' (NAD '83, 2011).
Thence from the Point of Beginning, South 12°00'48" West 199.54' to an iron stake;
thence South 30°18'21" West 1416.82' to an iron stake;
thence North 01°12'06" East 102.80' to an iron stake;
thence North 30°18'21" East 1318.96' to an iron stake;
thence North 12°00'48" East 153.93' to an iron stake;
thence North 65°05'58" East 62.54' to an iron stake;
which is the point of beginning,
having an area of 1.77 acres.
14

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Robert H. Merritt, Jr.
Bailey & Dixon, LLC
434 Fayetteville Street, Suite 2500
Raleigh, NC 27601
SPACE ABOVE THIS LINE FOR RECORDER'S USE
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this
day of 2022 by and between, Chad Minson Stewart
and wife, Ursula H. Stewart (the"Grantor"), CLEARWATER MITIGATION SOLUTIONS,
LLC, a North Carolina Limited Liability Company whose primary address is 604 Macon
Place, Raleigh, NC 27609 and its successors and assigns (the "Grantee").
The designation Grantor and Grantee as used herein shall include said
parties, their heirs, successors and assigns, and shall include singular, plural,
masculine, feminine or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated,
lying and being in Johnston County, North Carolina, more particularly described
in Exhibit A attached hereto and incorporated herein (the "Property");
1

WHEREAS, Grantee is a North Carolina limited liability company who
will be assigning its interest to North Carolina Wildlife Habitat Foundation, Inc.
a North Carolina non-profit corporation, who is a charitable, not -for -profit or
educational corporation, association, or trust qualified under § 501 (c)(3) and §
170 (h) of the Internal Revenue Code, and N.C. Gen. Stat. § 121-34 et seq.,
the purposes or powers of which include one or more of the purposes (a) — (d)
listed below;
(a) retaining or protecting natural, scenic, or open -space aspects of
real property;
(b) ensuring the availability of real property for recreational,
educational, or open -space use;
(c) protecting natural resources;
(d) maintaining or enhancing air or water quality.
WHEREAS, Grantor and Grantee recognize the conservation, scenic,
natural, or aesthetic value of the property in its natural state, which includes
the following natural communities: riparian wetlands and non -riparian wetlands.
The purpose of this Conservation Easement is to maintain wetlands, riparian
resources and other natural values of approximately 1.76 acres, more or less,
and being more particularly described in Exhibit B attached hereto and
incorporated fully herein by reference (the "Conservation Easement Area"),
and prevent the use or development of the Conservation Easement Area for
any purpose or in any manner that would conflict with the maintenance of its
natural condition.
WHEREAS, the restoration, enhancement and preservation of the
Conservation Easement Area is a condition of the approval of the Mitigation
Banking Instrument (MBI) and Mitigation Plan for the Lowlands Site Mitigation
Bank, Department of the Army (DA) Action ID Number SAW- SAW-2015-
01815, entitled "Agreement to Establish the Clearwater Neuse 01 Mitigation
Bank in the Neuse River Basin within the State of North Carolina", entered into
by and between Clearwater Mitigation Solutions, LLC acting as the Bank
Sponsor and the Wilmington District Corps of Engineers (Corps), in
consultation with the North Carolina Interagency Review Team (IRT). The
Lowlands Mitigation Site has been approved by the Corps for use as a
mitigation bank to compensate for unavoidable stream and wetland impacts
authorized by DA permits.
WHEREAS, Grantor and Grantee agree that third -party rights of
enforcement shall be held by the U.S. Army Corps of Engineers, Wilmington
District ("Third-Parties,"to include any successor agencies), and may be
exercised through the appropriate enforcement agencies of the United States,
and that these rights are in addition to, and do not limit, the rights of
enforcement under the Department of the Army instrument number SAW-
SAW-2015-01815 ("Mitigation Banking Instrument"), or any permit or
certification issued by the Third -Parties.
2

NOW, THEREFORE, for and in consideration of the covenants and
representations contained herein and for other good and valuable
consideration, the receipt and legal sufficiency of which is hereby
acknowledged, Grantor hereby unconditionally and irrevocably grants and
conveys unto Grantee, its heirs, successors and assigns, forever and in
perpetuity a Conservation Easement of the nature and character and to the
extent hereinafter set forth, over the Conservation Easement Area described
on Exhibit B, together with the right to preserve and protect the conservation
values thereof, as follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation
Easement is an easement in gross, runs with the land and is enforceable by
Grantee against Grantor, Grantor's personal representatives, heirs, successors
and assigns, lessees, agents and licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Conservation Easement Area inconsistent
with the purpose of this Conservation Easement is prohibited. The
Conservation Easement Area shall be preserved in its natural condition and
restricted from any development that would impair or interfere with the
conservation values of the Conservation Easement Area.
Without limiting the generality of the foregoing, the following activities
and uses are expressly prohibited, restricted or reserved as indicated
hereunder:
A. Disturbance of Natural Features. Any change disturbance,
alteration or impairment of the natural features of the Conservation Easement
Area 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 Conservation Easement Area.
C. Industrial, Commercial and Residential Use. Industrial, residential
and/or commercial activities, including any rights of passage for such purposes
are prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing,
3

animal husbandry, and horticultural use of the Conservation Easement Area
are prohibited.
E. Vegetation. There shall be no removal, burning, destruction,
harming, cutting or mowing of trees, shrubs, or other vegetation in the
Conservation Easement Area except as provided in the Mitigation Plan.
Mowing of invasive and herbaceous vegetation for purposes of enhancing
planted or volunteer trees and shrubs approved in the Mitigation Plan is
allowable once a year for no more than five consecutive years from the date on
page 1 of this Conservation Easement, except where mowing will negatively
impact vegetation or disturb soils. Mowing activities shall only be performed by
Clearwater Mitigation Solutions, LLC and shall not violate any part of Item L of
Article II.
F. Roads and Trails. There shall be no construction of roads, trails or
walkways on the Conservation Easement Area; nor enlargement or
modification to existing roads, trails or walkways.
G. Signage. No signs shall be permitted on or over the Conservation
Easement Area, except the posting of no trespassing signs, signs identifying
the conservation values of the Conservation Easement Area, signs giving
directions or proscribing rules and regulations for the use of the Conservation
Easement Area and/or signs identifying the Grantor as owner of the
Conservation Easement Area.
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 Conservation Easement
Area 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 Conservation Easement Area, except to
restore natural topography or drainage patterns. For purposes of restoring and
enhancing streams and wetlands within the Conservation Easement Area,
Clearwater Mitigation Solutions, LLC is allowed to perform grading, filling, and
excavation associated with stream and wetland restoration and enhancement
activities as described in the Mitigation Plan and authorized by Department of
the Army Nationwide Permit 27.
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
4

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 Easement 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 other than for temporary or occasional access by the Clearwater
Mitigation Solutions, LLC, the Grantee, its employees and agents,
successors, assigns, NCDWR, and the Corps for purposes of constructing,
maintaining and monitoring the restoration, enhancement and preservation
of streams, wetlands and riparian areas within the Conservation Easement
Area. The use of mechanized vehicles for monitoring purposes is limited to
only existing roads and trails as shown in the approved in the mitigation
plan.
M. Other Prohibitions. Any other use of, or activity on, the
Conservation Easement Area which is or may become inconsistent with the
purposes of this grant, the preservation of the Conservation Easement Area
substantially in its natural condition, or the protection of its environmental
systems, is prohibited.
ARTICLE III.
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives,
heirs, successors or assigns, the right to continue the use of the Conservation
Easement Area for all purposes not inconsistent with this Conservation
Easement, including, but not limited to, the right to quiet enjoyment of the
Conservation Easement Area, the rights of ingress and egress, the right to
hunt, fish, and hike on the Conservation Easement Area, the right to sell,
transfer, gift or otherwise convey the Conservation Easement Area, in whole or
in part, provided such sale, transfer or gift conveyance is subject to the terms
of, and shall specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor,
its successors and assigns, including Clearwater Mitigation Solutions, LLC
acting as the Bank Sponsor, the right to construct and perform activities related
to the restoration, enhancement, and preservation of streams, wetlands and
riparian areas within the Conservation Easement Area in accordance with the
approved Lowlands Site Mitigation Plan, and the Mitigation Banking Instrument
described in the Recitals of this Conservation Easement.
5

ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns,
and the Corps, shall have the right to enter the Property and Conservation
Easement Area at all reasonable times for the purpose of inspecting the
Conservation Easement Area to determine if the Grantor, or his personal
representatives, heirs, successors, or assigns, is complying with the terms,
conditions, restrictions, and purposes of this Conservation Easement. The
Grantee, Clearwater Mitigation Solutions, LLC, and its authorized
representatives, successors and assigns, and the Corps shall also have the
right to enter and go upon the Conservation Easement Area for purposes of
making scientific or educational observations and studies, and taking samples.
The easement rights granted herein do not include public access rights.
ARTICLE V.
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee, the Corps,
and NCDWR are allowed to prevent any activity on or use of the Conservation
Easement Area that is inconsistent with the purposes of this Easement and to
require the restoration of such areas or features of the Conservation Easement
Area that may be damaged by such activity or use. Upon any breach of the
terms of this Conservation Easement by Grantor that comes to the attention of
the Grantee, the Grantee shall notify the Grantor in writing of such breach. The
Grantor shall have 30 days after receipt of such notice to correct the conditions
constituting such breach. If the breach remains uncured after 30 days, the
Grantee may enforce this Conservation Easement by appropriate legal
proceedings including damages, injunctive and other relief. Notwithstanding
the foregoing, the Grantee reserves the immediate right, without notice, to
obtain a temporary restraining order, injunctive or other appropriate relief if the
breach of the terms of this Conservation Easement is or would irreversibly or
otherwise materially impair the benefits to be derived from this Conservation
Easement. The Grantor and Grantee acknowledge that under such
circumstances damage to the Grantee would be irreparable and remedies at
law will be inadequate. The rights and remedies of the Grantee provided
hereunder shall be in addition to, and not in lieu of, all other rights and
remedies available to Grantee in connection with this Conservation Easement.
The costs of a breach, correction or restoration, including the Grantee's
expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided
Grantor is determined to be responsible for the breach. The Corps and the
NCDWR shall have the same rights and privileges as the said Grantee to
enforce the terms and conditions of this Conservation easement.
B. No failure on the part of the Grantee to enforce any covenant or
provision hereof shall discharge or invalidate such covenant or any other
covenant, condition, or provision hereof or affect the right to Grantee to enforce
6

the same in the event of a subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be
construed to entitle Grantee to bring any action against Grantor for any injury or
change in the Conservation Easement Area resulting from causes beyond the
Grantor's control, including, without limitation, fire, flood, storm, war, acts of
God or third parties, except Grantor's lessees or invitees; or from any prudent
action taken in good faith by Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to life, damage to property or harm to the
Conservation Easement Area resulting from such causes.
ARTICLE VI.
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns
the Property in fee simple, and that Grantor either owns all interests in the
Property which may be impaired by the granting of this Conservation Easement
or that there are no outstanding mortgages, tax liens, encumbrances, or other
interests in the Property which have not been expressly subordinated to this
Conservation Easement. Grantor further warrants that Grantee shall have the
use of and enjoy all the benefits derived from and arising out of this
Conservation Easement, and that Grantor will warrant and defend title to the
Property against the claims of all persons. -
B. Subsequent Transfers. The Grantor agrees to incorporate the terms
of this Conservation Easement in any deed or other legal instrument that
transfers any interest in all or a portion of the Conservation Easement Area.
The Grantor agrees to provide written notice of such transfer at least sixty (60)
days prior to the date of the transfer. The Grantor and Grantee agree that the
terms of this Conservation Easement shall survive any merger of the fee and
easement interests in the Conservation Easement Area or any portion thereof
and shall not be amended, modified or terminated without the prior written
consent and approval of the Corps.
C. Assignment. The parties recognize and agree that the benefits of
this Conservation Easement are in gross and assignable provided, however
that the Grantee hereby covenants and agrees, that in the event it transfers or
assigns this Conservation Easement, the organization receiving the interest will
be a qualified holder pursuant to 33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34
et seq. and § 501 (c)(3) and § 170 (h) of the Internal Revenue Code, and the
Grantee further covenants and agrees that the terms of the transfer or
assignment will be such that the transferee or assignee will be required to
continue in perpetuity the conservation purposes described in this document.
D. Entire Agreement and Severability. The Mitigation Banking
Instrument: MBI with corresponding Mitigation Plan, and this Conservation
Easement sets forth the entire agreement of the parties with respect to the

Conservation Easement and supersedes all prior discussions, negotiations,
understandings or agreements relating to the Conservation Easement. If any
provision is found to be void or unenforceable by a court of competent
jurisdiction, the remainder shall continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate
taxes, assessments, fees, or charges levied upon the Property. Grantor shall
keep the Property free of any liens or other encumbrances for obligations
incurred by Grantor, except those incurred after the date hereof, which are
expressly subject and subordinate to the Conservation Easement. Grantee shall
not be responsible for any costs or liability of any kind related to the ownership,
operation, insurance, upkeep, or maintenance of the Property, except as
expressly provided herein. Nothing herein shall relieve the Grantor of the
obligation to comply with federal, state or local laws, regulations and permits
that may apply to the exercise of the Reserved Rights.
F. Long -Term Management. Grantor is responsible for all long-term
management activities associated with fencing. These activities include the
maintenance and/or replacement of fence structures to ensure the aquatic
resource functions within the boundaries of the Protected Property are
sustained.
G. Extinguishment. In the event that changed conditions render
impossible the continued use of the Conservation Easement Area for the
conservation purposes, this Conservation Easement may only be extinguished,
in whole or in part, by judicial proceeding.
H. Eminent Domain. Whenever all or part of the Conservation
Easement Area is taken in the exercise of eminent domain so as to
substantially abrogate the Restrictions imposed by this Conservation
Easement, Grantor and Grantee shall join in appropriate actions at the time of
such taking to recover the full value of the taking, and all incidental and direct
damages due to the taking.
I. Proceeds. This Conservation Easement constitutes a real property
interest immediately vested in Grantee. In the event that all or a portion of the
Conservation Easement Area is sold, exchanged, or involuntarily converted
following an extinguishment or the exercise of eminent domain, Grantee shall
be entitled to the fair market value of this Conservation Easement as
determined at the time of the extinguishment or condemnation.
1. Notification. Any notice, request for approval, or other
communication required under this Conservation Easement shall be sent by
registered or certified mail, postage prepaid, to the following addresses (or such
address as may be hereafter specified by notice pursuant to this paragraph):
8

To Grantor:
Chad M. Stewart
121 Dogwood Lane
Four Oaks, NC 27524
To Grantee:
Clearwater Mitigation Solutions, LLC
604 Macon Place
Raleigh, NC 27609
To Sponsor:
Clearwater Mitigation Solutions, LLC
604 Macon Place
Raleigh, NC 27609
To the Corps:
US Army Corps of Engineers Wilmington District, Regulatory Division
69 Darlington Avenue
Wilmington, NC 28403
K. Failure of Grantee. If at any time Grantee is unable or fails to
enforce this Conservation Easement, or if Grantee ceases to be a qualified
grantee, and if within a reasonable period of time after the occurrence of one of
these events Grantee fails to make an assignment pursuant to this
Conservation Easement, then the Grantee's interest shall become vested in
another qualified grantee in accordance with an appropriate proceeding in a
court of competent jurisdiction.
L. Amendment. This Conservation Easement may be amended, but
only in a writing signed by all parties hereto, and provided such amendment
does not affect the qualification of this Conservation Easement or the status of
the Grantee under any applicable laws, and is consistent with the conservation
purposes of this grant.
M. Present Condition of the Conservation Easement Area. The
wetlands, scenic, resource, environmental, and other natural characteristics of
the Conservation Easement Area, and its current use and state of
improvement, are described in the Amended Lowlands Site Mitigation Plan,
prepared by Grantor and acknowledged by the Grantor and Grantee to be
complete and accurate as of the date hereof. Both Grantor and Grantee have
copies of this report. It will be used by the parties to assure that any future
changes in the use of the Conservation Easement Area will be consistent with
the terms of this Conservation Easement. However, this report is not intended
to preclude the use of other evidence to establish the present condition of the
Conservation Easement Area if there is a controversy over its use.
9

TO HAVE AND TO HOLD the said rights and easements perpetually
unto Grantee for the aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and
seal, the day and year first above written.
[Signatures of the Grantor and Grantee in appropriate form]

Grantor/Seller
By:
Print Name: Chad Minson Stewart
By:
Print Name: Ursula H. Stewart
NORTH CAROLINA
COUNTY OF
I, , a Notary Public in and for the County and State aforesaid, do
hereby certify that , GRANTOR, personally appeared
before me this day and acknowledged the execution of the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of
, 2022.
Notary Public
My commission expires:
11

Grantee/Buyer
By:
Authorized Officer
Print Name J. Kevin Yates
NORTH CAROLINA
COUNTY OF
I, , a Notary Public in and for the County and State aforesaid,
do hereby certify that , personally appeared before me this day
and acknowledged that he/she is the of Member/Manager, of CLEARWATER MITIGATION
SOLUTIONS, LLC, a North Carolina Limited Liability Company, GRANTEE, and that by the authority
duly given as an act of the limited liability company, the foregoing instrument was signed in its name by
its authorized officer and attested by its authorized officer.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of
2022.
Notary Public
My commission expires:
12

EXHIBIT A
(Legal Description of Property)
BEING ALL OF that certain approximately 86 acre tracts of land in Johnston County,
North Carolina full described as follows:
Parcel a1rWas
Tax ILA. 081(13015
Taut tract of land described. in R-7, page 590 in the. GFTice or the Register of Deeds or Johnsto n
Canty, bearingdstic January 8, 1898, from W. R. Stanley and wife,. Nancy } . Sianicy, to James
Galin and wife., Susan Guilt', containing 14 1/4 acres, more or less,. and described 25 fellows;
BEG[NNING at a stake at the corner of the Wiggins. Field and runs East 36 poles in : stake:
'hence South to Dr. Trlrlrrycs earner; thence his line $ proles to a stake in A. J. K. Rhodes' line;
tFrcrrce with his line '20 poles to a stalk, Min Po cll's corner; thence with his line North I I I.12
de s West S3 poles to this BEGINNING, n[ai ping 14 I /4 acres.
�kA T2: Tax ID: 0SKt3015
That tract of land described in. a deed recorded in D-9, page 509, bearing date October 3, 1900,
aired conveyed by N. G, Fund ta) J. W. Quip, containing 15 1N10 arcs, mom or LEss, and described
as roll BEGLNN NC at a stake„ San Strickland's souclFtwrsi corner d runs E241. woih his Tune
about 20 voles to J.W. Griirt's corner; thence about South 30 degrees East with said Gain's line
abour 80 poles to Cain's other cornrer::hence west with the dividing Line or the Powell artd Rhodes
lands about 3B poke to a Iightwood knot, corner ef a piece eyeland heretofore cal ff,thence Nonii
3 degrees Est along a line of marked trees about 80 poles to the 11 EG IN KING, contain n ing 15 1l I 0
acmes, mace or Tess.
TRACT 3: Tax LD: 08 K 13015
That tract of land cortve}'ed by deed from Samuel Strickland and wife. to J.W. Cuin and wife,
bearing iiiMe January 30, 1914. recorded in Bunk T-12, page 440, containing 56 acres. more or
J. and described as follows: BEGINNING ai a stake in Calvin Stewart' s I i nc and runs South
107 poles to a stake in' Hackney's Line; thence West 37 poles to a stake. in J. W. fiuin's line; thence
North 7 poles to a stake; thence Wes( 57 pales to a stake.; thence North 80 poles to a stake in John
Smith's corner; thence. North 79 degrees East a straight line to BEG t N N INC, containing 56 acres.
more or less,
AND BEING the same property described in deed recorded in Deed Book 04401, Page 0820,
Johnston County Registry.
13

EXHIBIT B
(Legal Description of the Conservation Easement Area)
Conservation Easement Area 7
All of the Conservation Easement Area 7 of the Lowlands Site over a portion of the land of Chad M.
Stewart (PIN No 169000-27-5572) lying and being situated in Ingrams Township, Johnston County,
North Carolina and particularly described as follows (all distances are ground distances unless
otherwise noted):
Beginning at an iron stake (Point of Beginning) being the most Northeastern point of Conservation
Easement Area 7 and being located South 84°51'31" West 962.00 feet from an iron stake (Point No.
11) with N.C. Grid Coordinates N=608,831.1354', E=2,194,367.9188' (NAD '83, 2011).
Thence from the Point of Beginning,
South 01°12'06" West 705.05' to an iron stake;
thence South 01°12'06" West 102.80' to an iron stake;
thence South 30°18'21" West 696.31' to an iron stake;
thence North 89°41'48" West 271.70' to an iron stake;
thence North 23°44'17" West 32.85' to an iron stake;
thence South 89°41'48" East 215.80' to an iron stake;
thence North 30°18'21" East 805.41' to an iron stake;
thence North 01 °02'39" East 358.00' to an iron stake;
thence North 01 °02'39" East 119.09' to an iron stake;
thence North 01 °02'39" East 206.32' to an iron stake;
thence South 89°24'43" East 18.56' to an iron stake;
which is the point of beginning,
having an area of 1.76 acres
14

STATE OF NORTH CAROLINA
ASSIGNMENT OF CONSERVATION
EASEMENTS
COUNTY OF JOHNSTON
THIS ASSIGNMENT OF CONSERVATION EASEMENTS (hereinafter referred
to as "Assignment") made this day of , 2022, by and
between CLEARWATER MITIGATION SOLUTIONS, LLC, a North Carolina limited
liability company (hereinafter referred to as "Assignor"), and NORTH CAROLINA
WILDLIFE HABITAT FOUNDATION, INC., a North Carolina not for profit corporation
(hereinafter referred to as "Assignee").
The designation Assignor and Assignee as used herein shall include said parties, their
heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter
as required by context.
RECITALS
WHEREAS, the Assignor is a limited liability company with a purpose to
conserve of property and which is also qualified to be the holder of a conservation
easement pursuant to N.C. Gen. Stat. 021-34 et. seq. and Internal Revenue Code § 170(h);
WHEREAS, the Assignee is a nonprofit corporation, operated primarily for
conservation purposes, including protection of environmentally valuable and sensitive land for
charitable, scientific, educational, and aesthetic purposes and which is qualified to be the
grantee of a conservation easement pursuant to N.C. Gen. Stat. §121-34 et. seq. and Internal
Revenue Code §170(h);
WHEREAS, the Assignor acquired conservation easement, a true copy of which is
attached hereto and incorporated herein as Exhibit A, by instrument recorded in Book 5097,
Page 868-879, Johnston County Registry, on February 6,. 2018 and Book , Page
Johnston County Registry, on , 2022, Johnston
County Registry (the -Conservation Easement"). on certain lands owned by Chad M.
Stewart and wife Ursala H. Stewart, being hereinafter referred to as the "Easement Area" and
being more particularly described on Exhibit A in the Conservation Easement;
1

WHEREAS, the Assignor acquired conservation easement, a true copy of which is
attached hereto and incorporated herein as Exhibit A, by instrument recorded in Book 5097,
Page 814-825, Johnston County Registry, on February 6,. 2018 and Book , Page
Johnston County Registry, on , 2022, Johnston
County Registry (the -Conservation Easement"). on certain lands owned by James C.
Rhodes and wife Teresa M. Rhodes, being hereinafter referred to as the "Easement Area" and
being more particularly described on Exhibit A in the Conservation Easement;
WHEREAS, the Conservation Easements provide that it may be assigned to a qualified
holder provided that the assignee be required to continue in perpetuity the conservation
purposes set forth in that instrument;
WHEREAS, the Assignor wishes to assign and transfer to the Assignee all of its rights,
duties, obligations, and interests in the Conservation Easements and the Assignee wishes to
accept such assignment and all of the rights, duties, obligations, and interests set forth in such
Conservation Easements; and
WHEREAS, the assignment set forth in this instrument has as its primary purpose the
preservation of the Easement Area and the furtherance of mitigation banking and restoration
activities on the Easement Area, and these activities are intended to compensate for
unavoidable stream and or/wetlands impacts authorized by permits issued by the United States
Department of the Army Corps of Engineers.
NOW. THEREFORE, for and in consideration of the sum of One Dollar and 00/100
($1.00) and for other good and valuable consideration, the receipt and legal sufficiency of
which is hereby acknowledged. Assignor hereby unconditionally and irrevocably assigns,
transfers, and conveys unto Assignee, its heirs, successors and assigns, forever and in
perpetuity the Conservation Easement of the nature and character and to the extent set forth
and described in Exhibit A, together with the right to preserve and protect the conservation
values thereof, and the Assignee hereby accepts this Assignment of Conservation Easement,
represents and warrants that it is a qualified holder of the Conservation Easement pursuant to
N.C. Gen. Stat. § 121-34 et. seq. and Internal Revenue Code §170(h) and covenants and agrees
to continue in perpetuity the conservation purposes set forth in such Conservation Easement
and otherwise be bound by the terms thereof
IN TESTIMONY WHEREOF, Assignor and Assignee have hereunto set their hands
and seals, on the day and year first above written.
[SIGNATURES AND NOTARY ACKNOWLEDGMENTS APPEAR ON FOLLOWING PAGES]
2

ASSIGNOR:
CLEARWATER MITIGATION SOLUTIONS, LLC
By:
Authorized Officer
Print Name: J. Kevin Yates
STATE OF NORTH CAROLINA
COUNTY OF
I, , a Notary Public in and for the County and State aforesaid,
do hereby certify that , personally appeared before me this day
and acknowledged that he/she is the of Member/Manager, of CLEARWATER
MITIGATION SOLUTIONS, LLC, a North Carolina Limited Liability Company,
GRANTEE, and that by the authority duly given as an act of the limited liability company,
the foregoing instrument was signed in its name by its authorized officer and attested by its
authorized officer.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of
2022.
Notary Public Typed or Printed Name
Notary Public Signature
My commission expires:
3

ASSIGNEE:
NORTH CAROLINIA WILDLIFE
HABITAT FOUNDATION, INC.
By:
Authorized Officer
Print Name:
STATE OF NORTH CAROLINA
COUNTY OF
I, , a Notary Public in and for the County and State aforesaid,
do hereby certify that personally appeared before me this day
and acknowledged that he/she signed the foregoing document as the duly authorized
signatory for the NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, INC.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of
2022.
Notary Public Printed or Typed Name
Notary Public Signature
My commission expires:
4

EXHIBIT A
Conservation Easement
[Attached hereto]
5

Filed in JOHNSTON COUNTY, NC CRAIG OLIVE, Register of Deeds Filed 07/28/2022 08:25:00 AM
DEED BOOK: 6310 PAGE: 269-270 INSTRUMENT # 2022820654
Real Estate Excise Tax: $0.00 Deputy/Assistant Register of Deeds: Erica Byrd
RELEASE AND TERMINATION OF EASEMENT AGREEMENT
This Instrument Prepared by:
Atlantic Coast Pipeline, LLC
120 Tredegar Street
Richmond, VA 23219
Upon Recording Return to:
Doyle Land Services, Inc. in service to
Atlantic Coast Pipeline, LLC
P.O. Box 2829
Smithfield, NC
GPIN/TAX ID # 08K13015
Tract Number(s): 20-162, 20-162.GB
ATLANTIC COAST PIPELINE, LLC, a Delaware limited liability company with its place of business at 120
Tredegar Street, Richmond, Virginia 23219. as the grantee under and the beneficiary of certain easements provided
for in the Easement Agreement(s) described below, and in accordance with the rights granted it in such Easement
Agreement(s), does hereby terminate and release such Easement Agreement(s), and does hereby terminate, release,
relinquish, abandon and surrender all its right, title and interest in and to any easement rights granted therein:
That certain Easement Agreement dated the 11thday of April, 2017 from CHAD M. STEWART,
of 121 Dogwood Lane, Four Oaks, NC 27524, to Atlantic Coast Pipeline, LLC, recorded on the
13th day of April, 2017, in the Clerk's Office, Circuit Court, Johnston County, North Carolina, as
Instrument No. 2017526368; and
That certain Cathodic Protection Unit Agreement dated the 1 lth day of April, 2017 from CHAD
M. STEWART, of 121 Dogwood Lane, Four Oaks, NC 27524, to Atlantic Coast Pipeline, LLC,
recorded on the 13th day of April, 2017, in the Clerk's Office, Circuit Court, Johnston County,
North Carolina, as Instrument No. 2017526345.
fl tJre Ind NoiarAcknovyrcdzrment Al pew- on 1n
Page 1 of 2
submitted electronically by "Doyle Land services Inc"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Johnston county Register of Deeds.

DEED B: 6310 P: 270 END OF DOCUMENT
WITNESS the following signature as of
ATLANTIC COAST PIPELINE, LLC
By:
Name: Jeff Arrington
Title: Sr. Land Agent, Authorized Representative
STATE/COMMONWEALTH OF NORTH CAROLINA
COUNTY/CITY OF -T6N..l r u to -wit:
2022.
The foregoing instrument was acknowledged before me this -Cc day of J f Rf , 2022 by Jeff
Arrington as authorized representative of Atlantic Coast Pipeline, LLC, a Delaware corporation, who personally
appeared before me in the aforesaid jurisdiction on behalf of said corporation and did acknowledge that he/she
signed, sealed and delivered the foregoing instrument as hi , her voluntary act and deed of said corporation for the
purposes herein contained. He/She is personally known to me or produced
as identification.
My commission expires:
Page 2 of 2
Notary Public
(AFFIX SEAL)

Filed in JOHNSTON COUNTY, NC CRAIG OLIVE, Register of Deeds Filed 07/20/2022 10:39:42 AM
DEED BOOK: 6304 PAGE: 975-976 INSTRUMENT # 2022819565
Real Estate Excise Tax: $0.00 Deputy/Assistant Register of Deeds: Pauline Sanders
RELEASE AND TERMINATION OF EASEMENT AGREEMENT
This Instrument Prepared by:
Atlantic Coast Pipeline, LLC
120 Tredegar Street
Richmond, VA 23219
Upon Recording Return to:
Doyle Land Services, Inc. in
service to Atlantic Coast
Pipeline, LLC
P.O. Box 2829, Smithfield, NC
GPIN/TAX ID Number(s) : 08K13009, 08H99012A, 08K130I2A, 08J13195B
ATLANTIC COAST PIPELINE, LLC, a Delaware limited liability company with its place of business at 120
Tredegar Street, Richmond, Virginia 23219, as the grantee under and the beneficiary of certain easements provided
for in the Easement Agreement(s) described below. and in accordance with the rights granted it in such Easement
Agreement(s), does hereby terminate and release such Easement Agreement(s), and does hereby terminate, release,
relinquish, abandon and surrender all its right. title and interest in and to any easement rights granted therein:
That certain Easement Agreement dated the 31' day of May, 2017 from DIANA SHEPARD, of
105 Lakewood Drive, Dickson, TN 37055, to Atlantic Coast Pipeline, LLC, recorded on the 9th
day of June, 2017, in Book 4972, Page 660 of the Johnston County, North Carolina Public
Registry; and
Thai certain Easement Agreement dated the 7th day of July, 2017 from JAMES C. & TERESA
MASSENGILL RHODES, of 2009 Devil Racetrack Road, Four Oaks, NC 27524, to Atlantic
Coast Pipeline, LLC, recorded on the 20th day of July, 2017, in Book 4993, Page 872 of the
Johnston County, North Carolina Public Registry.
Page 1 of 2
submitted electronically by "Doyle Land services Inc"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Johnston county Register of Deeds.

DEED B: 6304 P: 976 END OF DOCUMENT
WITNESS the following signature as of
STATE/COMMONWEALTH OF RT41 CA
COUNTY/CITY OF TiaYta o.i
19 , 2022.
ATLANTIC COAST PIPELINE, LLC
, to -wit:
The foregoing instrument was acknowledged before me this / 'day of f , 20 -2Zs by
c4 c rt n 0l as authorized representative of Atlantic Coast Pipeline, LLC, a Delaware
limited liability compa
4"
ny, who personally appeared before me in the aforesaid jurisdiction on behalf of said
company and did acknowledge that he/she signed, sealed and delivered the foregoing 'nntrument as his/her voluntary
act and deed of said company for the purposes herein contained. He/She is Hpersonally known to me or 0
produced as identification.
(AFFIX SEAL)
Natty
istritMarollna
I
Commission
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Public
County
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Or
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rob 7/2027
Page 2 of 2
Notary Public
My commission expires:
02?

OWNER'S POLICY OF TITLE INSURANCE
* ** Policy Number OX 782719
* * Issued by Old Republic National Title Insurance Company
* * Any notice of claim and any other notice or statement in writing required to be given to the
* * Company under this Policy must be given to the Company at the address shown in Section 18
of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, OLD
REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Florida corporation (the "Company') insures, as of Date of Policy and, to the extent stated in
Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by
reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from:
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transferor conveyance;
(ii!) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
iv) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law; or
(vii) a defective judicial or administrative proceeding,
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land
onto adjoining land, and encroachments onto the Land of existing improvements located an adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
{b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent
of the violation or enforcement referred to in that notice.
Countersigned:
Authorized Officer or Licensed daent
ORT Form 4309
ALTA Owners Policy of Title Insurance 6-17-06
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
[phone]
Sy
Attest
(,),4
President
Secretary

18R00092
Policy No.: DX782719
Old Republic National T'itic Insurance Company
OWNER'S POLICY OF TITLE INSURANCE
Name and Address of Title Insurance Com an SCHEDULE A
Old Republic National Title Insurance Company
Send all notices to; 400 Second Avenue South, Minneapolis, MN 55401-2499
Policy No.; OX782719
Address Reference: not applicable or unknown
Date of Policy: February 6, 2018 at 1:47 pm in Johnston County (Tract 1)
February 6, 2018 at 2:09 pm in Johnston County (Tract 2)
1. Name of Insured:
CLEARWATER HOLDINGS I, LLC, A NORTH CAROLINA LEVIITED LIABILITY COMPANY
2. The estate or interest in the Land that is insured by this policy is;
Conservation and Access Easement
3. Title is vested in:
CLEARWATER HOLDINGS I, LLC, A NORTH CAROLINA LIMITED LIAB]LITY COMPANY pursuant to Deed
from JAMES CLIFTON ANODES and wife, TERESA M. RHODES, dated February 5, 2018, recorded on February 6,
2018 at 1:47pm, in Book 5097, Page 814, Johnston County Registry.
CLEARWATER HOLDINGS I, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY pursuant to Deed
from CHAD MINSON STEWART and wife, TJRSULA H. STEWART, dated February 5, 2018, recorded on February,
6, 2018 at 2:09pm, in Book 5097, Page 868, Johnston County Registry.
4. The Land referred to in this policy is described as follows;
Conservation Easements identified as Conservation Easement Areas 1 and 2, as shown on plat entitled
"Conservation Easement for Clearwater Holdings I, LLC over a portion of the lands of the Tract recorded in D. B.
2344 Pg. 794 (PIN No. 169000-48-1394), (current owner; Jaynes Clifton Rhodes) and also over a portion of the
lands of the Tract recorded in D. 13. 4934 pg. 113 (PIN No. 169000-27-5572) (current owner: Chad M. Stewart),
Ingrarns Township, Johnston County, North Carolina" recorded at Plat Book 86, Page 233, Johnston County,
North Carolina Registry.
Conservation Easements identified as Conservation Easement Areas 3, 4 and 5 as shown on plat entitled
"Conservation Easement for Clearwater Holdings I, LLC over a portion of the lands of the Tract recorded in D.13.
2344 Pg. 794 (P1N No. 3 69000-48-1394), (current owner: James Clifton Rhodes) and also over a portion of the
lands of the Tract recorded in D.13. 4934 Pg. 113 (PIN No. 169000-27-5572) (current owner: Chad M. Stewart),
Ingrams Township, Johnston County, North Carolina" recorded at Plat Book 86, Page 233, Johnston County,
North Carolina Registry.
SCHEDULE B - EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses
that arise by reason of;
1. Taxes for the year 2018, and subsequent years not yet due and payable.
2. The Company does not insure the exact amount of acreage or square footage of the land described in Schedule
ALTA Owners Policy or Title Insurance (6.17•Q6)
The Title Company of North Carolina
434 Fayetteville Street, Suite 2340
P.O. Box 2718 (27602), Raleigh, NC 2760I (9I9) 832-0252
] 8R00092 Printed: 2412018 by CMG
Page 1 of 2

6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement
action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.
-- 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of
the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer
constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,
state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value ar to a
judgment or Tien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has
been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the
Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the
extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of
this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation
(including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any
improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or govern-
mental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not
modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit
the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured Claimant
and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an
Insured under this policy; •
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy
(however, this does not modify or limit the coverage provided
under Covered Risk 9 and 19); or
(e) resulting in loss or damage that would not have been
sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state
insolvency, ar similar creditors' rights laws, that the transaction
vesting the Title_as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered
Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed
by governmental authority and created or attaching between Date
of Policy and the date of recording of the deed or other instrument
of transfer in the Public Records that vests Title as shown in
Schedule A.
Pane 2

18R00092
Policy No.: OX782719
Old Republic National Title Insurance Company
OWNER'S POLICY OF TITLE INSURANCE
A hereof.
3. The following matters that are shown on survey dated January 4, 2017, by John A. Rudolph, Registered Land
Surveyor: a) rights of others in and to the ditches; and b) existing 40 inch CMP.
4. Cross Access Easement recorded in Book 5097, Page 826. Johnston County Registry.
THE FOLLOWING EXCEPTIONS APPLY TO TRACT 1:
5. Right of Way Agreement to State Highway Commission for road project # 6.800I97 recorded at Book 581,
Page 70, Johnston County Registry.
6. Easement and Right of Way Agreement to allow brick company to remove clay, recorded at Book 590, Page
25, Johnston County Registry.
7. Easement to Carolina Power & Light Company recorded at Book 801, Page 407, Johnston County Registry.
8. Easement to South River Electric Membership Corporation recorded at Book 2195, Page 152, Johnston
County Registry.
9. Right of Way Agreement to Department of Transportation for development of Secondary Road 1184
(Project 6,312396) recorded at Book 2400, Page 337, Johnston County Registry.
10. Easement Agreement to Atlantic Coast Pipeline, LLC recorded in Book 4993, Page 872, Johnston County
Registry.
THE FOLLOWING EXCEPTIONS APPLY TO TRACT 2:
11. Easements to Carolina Telephone and Telegraph Company recorded at Book 570, Page 402, Johnston County
Registry.
12. Right of Way Agreement for State Road 1184 (Guin Road) recorded at Book 581, Page 71, Johnston County
Registry.
13. Easement to Carolina Power & Light Company recorded at Book 591, Page 232, Johnston County Registry.
14. General service and utility easement to Carolina Power & Light recorded at Book 80I, Page 409, Johnston
County Registry.
15. Right of Way Easement for electrical service to South River Electric Membership Corporation recorded at
Book 813, Page 615, Johnston County Registry.
16. Cathodic Protection Unit Agreement to Atlantic Coast Pipeline, LLC recorded at book 4940, Page 634,
Johnston County Registry;Easement Agreement for construction and maintenance of natural gas pipeline to
Atlantic Coast Pipeline, LLC recorded at Book 4940, Page 820, Johnston County Registry.
Authoriz 1 Si
.6
ALTA Owners Policy of Title Insurance (6-17-06)
The Title Company of North Carolina
434 Fayetteville Street, Suite 2340
P.O. Box 2718 (27602}, Raleigh, NC 27601 [phone]
18R00092 Printed: 2/8/2018 by CMG
Page 2 of 2

1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as may
be increased or decreased by endorsement to this policy, increased
by Section 8(b), or decreased by Sections 10 and 11 of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in
Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability
company, or other similar legal entity.
(d) "Insured': The Insured named in Schedule A.
(i) The term "insured" also includes
(A) successors to the Title of the Insured by operation of law as
distinguished from purchase, including heirs, devisees, survivors,
personal representatives, or next of kin;
(8) successors to an Insured by dissolution, merger, consolidation,
distribution, or reorganization;
(C) successors to an Insured by its conversion to another kind of
Entity;
(D) a grantee of an Insured under a deed delivered without
payment of actual valuable consideration conveying the Title
(1) if the stock, shares, memberships, or other equity
interests of the grantee are wholly -owned by the
named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly -owned by an affiliated
Entity of the named Insured, provided the affiliated
Entity and the named insured are both wholly -owned
by the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the
Insured named in Schedule A for estate planning
purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all rights
and defenses as to any successor that the Company would have had
against any predecessor Insured.
(e) 'Insured Claimant": An Insured claiming loss or damage.
(f) "Knowledge" or 'Known': Actual knowledge, not constructive
knowledge or notice that may be imputed to an Insured by reason of
the Public Records or any other records that impart constructive
notice of matters affecting the Title.
(g) "Land': The Land described in Schedule A, and affixed improvements
that by law constitute real property. The term 'Land" does not
include any property beyond the lines of the area described in
Schedule A, nor any right, title, interest, estate, or easement in
abutting streets, roads, avenues, alleys, lanes, ways, or waterways,
but this does not modify or limit the extent that a right of access to
and from the Land is insured by this policy.
(h) 'Mortgage': Mortgage, deed of trust, trust deed, or other security
instrument, including one evidenced by electronic means authorized
by law.
(i) 'Public Records': Records established under state statutes at
Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without
Knowledge. With respect to Covered Risk 5(d), 'Public Records°.
shall also include environmental protection liens filed in the records
of the clerk of the United States District Court for the district where
the Land is located.
(j) "Title": The estate or interest described in Schedule A.
(k)'Unmarketable Title": Title affected by an alleged or apparent
matter that would permit a prospective purchaser or lessee of the
Title or lender on the Title to be released from the Obligation to
CONDITIONS
purchase, lease, or lend if there is a contractual condition requiring
the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of
Policy in favor of an Insured, but only so long as the Insured retains
an estate or interest in the Land, or holds an obligation secured by
a purchase money Mortgage given by a purchaser from the Insured,
or only so long as the insured shall have liability by reason of
warranties in any transferor conveyance of the Title. This policy
shall not continue in force in favor of any purchaser from the
Insured of either (i) an estate or interest in the Land, or (ii) an
obligation secured by a purchase money Mortgage given to the
Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (!) in case
of any litigation as set forth in Section 5(a) of these Conditions, (ii)
in case Knowledge shall come to an Insured hereunder of any claim
of title or interest that is adverse to the Title, as insured, and that
might cause loss or damage for which the Company may be liable
by virtue of this policy, or (iii) if the Title, as insured, is rejected as
Unmarketable Title. If the Company is prejudiced by the failure of
the Insured Claimant to provide prompt notice, the Company's
liability to the Insured Claimant under the policy shall be reduced
to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of
foss or damage, the Company may, at its option, require as a condition
of payment that the Insured Claimant furnish a signed proof of loss.
The proof of loss must describe the defect, lien, encumbrance, or
other matter insured against by this policy that constitutes the
basis of loss or damage and shall state, to the extent possible, the
basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options
contained in Section 7 of these Conditions, the Company, at its
own cost and without unreasonable delay, shall provide for the
defense of an insured in litigation in which any third party asserts
a claim covered by this policy adverse to the Insured. This obligation
is limited to only those stated causes of action alleging matters
insured against by this policy. The Company shall have the right to
select counsel of its choice {subject to the right of the Insured to
object for reasonable cause) to represent the Insured as to those
stated causes of action. It shall not be liable for and wilt not pay
the fees of any other counsel. The Company will not pay any fees,
costs, or expenses incurred by the Insured in the defense of those
causes of action that allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options
contained in Section 7 of these Conditions, at its own cost, to
institute and prosecute any action or proceeding or to do any
other act that in its opinion may be necessary or desirable to
establish the Title, as insured, or to prevent or reduce loss or
damage to the Insured. The Company may take any appropriate
action under the terms of this policy, whether or not it shall be
liable to the insured. The exercise of these rights shall not be an
admission of liability or waiver of any provision of this policy.
If the Company exercises its rights under this subsection, it must
do so diligently.
(c) Whenever the Company brings an action or asserts a defense
as required or permitted by this policy, the Company may pursue
the litigation to a final determination by a court of competent
jurisdiction, and it expressly reserves the right, in its sole
discretion, to appeal any adverse judgment or order.
Pace 3

6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company
to prosecute or provide far the defense of any action or proceeding
and any appeals, the Insured shall secure to the Company the right
to so prosecute or provide defense in the action or proceeding,
including the right to use, at its option, the name of the Insured for
this purpose. Whenever requested by the Company, the Insured,
at the Company's expense, shall give the Company all reasonable
aid {i} in securing evidence, obtaining witnesses, prosecuting
defending the action ar proceeding, or effecting settlement, and
(ii) in any other lawful act that in the opinion of the Company may
be necessary or desirable to establish the Title or any other matter
as insured. If the Company is prejudiced by the failure of the
Insured to furnish the required cooperation, the Company's obligations
to the Insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any litigation,
with regard to the matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to
submit to examination under oath by any authorized representative
of the Company and to produce for examination, inspection, and
copying, at such reasonable times and places as may be designated
by the authorized representative of the Company, all records, in
whatever medium maintained, including books, ledgers, checks,
memoranda, correspondence, reports, e-mails, disks, tapes, and
videos whether bearing a date before or after Date of Policy, that
reasonably pertain to the loss or damage. Further, if requested by
any authorized representative of the Company, the Insured Claimant
shall grant its permission, in writing, for any authorized representative
of the Company to examine, inspect, and copy all of these records
in the custody or control of a third party that reasonably pertain to
the loss or damage. All information designated as confidential by
the Insured Claimant provided to the Company pursuant to this
Section shall not be disclosed to others unless, in the reasonable
judgment of the Company, it is necessary in the administration of
the claim. Failure of the Insured Claimant to submit for examination
under oath, produce any reasonably requested information, or
grant permission to secure reasonably necessary information from
third parties as required in this subsection, unless prohibited by
law or governmental regulation, shall terminate any liability of the
Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this
policy together with any costs, attorneys' fees, and expenses
incurred by the insured Claimant that were authorized by the
Company up to the time of payment or tender of payment and that
the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations of the Company to the Insured under this policy, other
than to make the payment required in this subsection, shall terminate,
including any liability.or obligation to defend, prosecute, or contin-
ue any litigation,
(b) To Pay or Otherwise Settle With Parties Other Than the Insured
or With the Insured Claimant.
(i) To pay or otherwise settle with other parties for or in the
name of an Insured Claimant any claim insured against under this
CONDITIONS (can't)
policy. In addition, the Company will pay any costs, attorneys' fees,
and expenses incurred by the Insured Claimant that were authorized
by the Company up to the time of payment and that the Company is
obligated to pay; or
(ii) To pay or otherwise settle with the Insured Claimant the loss
or damage provided for under this policy, together with any costs,
attorneys' fees, and expenses incurred by the Insured Claimant that
were authorized by the Company up to the time of payment and that
the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided
for in subsections (b){i) or (ii), the Company's obligations to the Insured
under this policy for the claimed loss or damage, other than the
payments required to be made, shall terminate, including any liability
or obligation to defend, prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the Insured Claimant who has suffered
foss or damage by reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under
this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the
value of the Title subject to the risk insured against by this policy.
(b) If the Company pursues its rights under Section 5 of these
Conditions and is unsuccessful in establishing the Title, as insured,
{i} the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or
damage determined either as of the date the claim was made by
the Insured Claimant or as of the date it is settled and paid,
(c) In addition to the extent of liability under (a) and (b), the Company
will also pay those costs, attorneys' fees, and expenses incurred in
accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged
defect, lien, ar encumbrance, or cures the lack of a right of access
to or from the Land, or cures the claim of Unmarketable Title, all as
insured, in a reasonably diligent manner by any method, including
litigation and the completion of any appeals, it shall have fully
performed its obligations with respect to that matter and shall not
be liable for any foss or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no liability
for loss or damage until there has been a final determination by a
court of competent jurisdiction, and disposition of all appeals,
adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the
Insured for liability voluntarily assumed by the Insured in settling
any claim or suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY
All payments under this policy, except payments made for costs,
attorneys' fees, and expenses, shall reduce the Amount of Insurance
by the amount of the payment.
Page 4

CONDITIONS (can't)
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company
pays under any policy insuring a Mortgage to which exception is taken
Schedule 8 or to which the Insured has agreed, assumed, or taken
.ubject, or which is executed by an Insured after Date of Policy and
which is a charge or lien on the Title, and the amount so paid shall be
deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely
fixed in accordance with these Conditions, the payment shall be made
within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim
under this policy, it shall be subrogated and entitled to the rights of
the insured Claimant in the Title and all other rights and remedies
in respect to the claim that the Insured Claimant has against any
person or property, to the extent of the amount of any loss, costs,
attorneys' fees, and expenses paid by the Company, If requested
by the Company, the Insured Claimant shall execute documents to
evidence the transfer to the Company of these rights and remedies.
The Insured Claimant shall permit the Company to sue, compromise,
or settle in the name of the Insured Claimant and to use the name
of the Insured Claimant in any transaction or litigation involving
these rights and remedies.
If a payment on account of a claim does not fully cover the loss of
the Insured Claimant, the Company shall defer the exercise of its
right to recover until after the Insured Claimant shall have recovered
its loss.
(b) The Company's right of subrogation includes the rights of the
Insured to indemnities, guaranties, other policies of insurance, or
bonds, notwithstanding any terms or conditions contained in those
instruments that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or
controversy shall be submitted to arbitration pursuant to the Title
Insurance Arbitration Rules of the American Land Title Association
("Rules"). Except as provided in the Rules, there shall be no joinder
or consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to, any controversy
or claim between the Company and the Insured arising out of or relating
to this policy, any service in connection with its issuance or the breach
of a policy provision, or to any other controversy or claim arising out of
the transaction giving rise to this policy. All arbitrable matters when
the Amount of Insurance is $2,000,000 or less shall be arbitrated at the
option of either the Company or the Insured. All arbitrable matters
when the Amount of Insurance is in excess of $2,000,000 shall be
arbitrated only when agreed to by both the Company and the Insured.
Arbitration pursuant to this policy and under the Rules shall be binding
upon the parties. Judgment upon the award rendered by the Arbitrator(s)
may be entered in any court of competent jurisdiction.
—15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CON-
TRACT
(a) This policy together with all endorsements, if any, attached to it
by the Company is the entire policy and contract between the
Insured and the Company. In interpreting any provision of this
policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the
Title or by any action asserting such claim shall be restricted to this
policy.
(c) Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person, or expressly
incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a
part of this policy and is subject to all of its terms and provisions.
Except as the endorsement expressly states, it does not (i) modify
any of the terms and provisions of the policy, (i!) modify any prior
endorsement, (i!i) extend the Date of Policy, or (iv) increase the
Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid, but
all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined the
premium charged therefor in reliance upon the law affecting interests
in real property and applicable to the interpretation, rights, remedies,
or enforcement of policies of title insurance of the jurisdiction
where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity of
claims against the Title that are adverse to the Insured and to
interpret and enforce the terms of this policy. In neither case shall
the court or arbitrator apply its conflicts of law principles to deter-
mine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by
the Insured against the Company must be filed only in a state or
federal court within the United States of America or its territories
having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing
required to be given to the Company under this policy must be given to
the Company at 400 Second Avenue South, Minneapolis,
Minnesota 55401-2499.
rages

qR G p� W*V Q O W

Filed in JOHNSTON COUNTY, NC
CRAIG OLIVE, Register of Deeds
Filed PM
DEED BOOK: 0978PAGEg898-879
INSTRUMENT #s 2018559815
Real Estate Excise Tax $254.00
Deputy/Assistant Register of Deeds asantos
Prepared by and return to;
Robert H. Merritt, Jr.
P, O. Box 1351
Raleigh, NC 27602
STATE OF NORTH CAROLINA
COUNTY OF JOHNSTON
DEED FOR CONSERVATION
EASEMENT
THIS DEED FOR CONSERVATION EASEMENT (this "Conservation Easement"), is
To`
made this day,�U
of 21 ,2018 by and between CHAD MINSON STEWART and
wife, URSULA H. STEWART ("Grantor") whose mailing address is 121 Dogwood Lane, Four
Oaks, North Carolina 27524, and CLEARWATER HOLDINGS 1, LLC ("Grantee"), whose
mailing address is 604 Macon Place, Raleigh, NC 27609.
The designation Grantor and Grantee as used herein shall include said parties, their
successors, and assigns, lessees, agents and Licenses, and shall include singular, plural, masculine,
feminine or neuter as required by context.

WITNESSETH:
WHEREAS, Grantor owns in fee simple, the real property situated in Ingrains Township,
Johnston County, North Carolina (the "Property"), being the following parcel of land: (1) PIN No.
169000-27-5572; Parcel No. 08K13015 containing approximately 86.23 acres, said tract being
acquired by the Grantor pursuant to deeds recorded at Book 4341, Page 853, Book 4401, Page
820, and Book 4934, Page 113, Johnston County, North Carolina, Registry; and
WHEREAS, Grantee has been formed for the purpose of acquiring, maintaining, restoring,
enhancing, creating and preserving wetland and riparian resources that contribute to the protection
and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and
recreational opportunities; and
WHEREAS, Grantee is qualified to be the grantee of a Conservation Easement pursuant to
N.C. Gen. Stat. §121-35; and
WHEREAS, Grantor has entered into an Option Agreement with Clearwater Mitigation
Solutions, LLC, a North Carolina Limited Liability Company ("Clearwater") for the conveyance
of an interest in a portion or portions of the Property which will constitute the area covered by the
Conservation Easement and referred to herein as the "Easement Area", said Easement Area being
more particularly described on Exhibit A, attached hereto (the "Easement Area") and for the
construction, installation, maintenance and repair of certain Improvements (defined in Paragraph
2 below) for the purpose of stream and wetlands restoration within the Easement Area; and
WHEREAS, Clearwater is qualified and authorized to undertake such actions as may be
necessary to construct, install, maintain and repair the Improvements and to protect the natural
state of the Easement Area; and
2

WHEREAS, Grantor, Grantee, and Clearwater have determined the need for restoration of
and improvements to the stream, associated buffers and related wetland areas existing within the
Easement Area as well as the requirements for access to the Easement Area in order to proceed
with restoration, including installation, construction, repair, and maintenance of the
Improvements; and
WHEREAS, Grantor, Grantee, and Clearwater recognize that the Easement Area will be
disturbed by Clearwater, its employees and agents during restoration of the stream, wetland and
buffer areas, but desire to see the Easement Area restored to a natural and stable state and
maintained in that condition at the completion of the Improvements, and they further wish to limit
activities or acts detrimental to the land or water areas within the Easement Area for any purpose
or in any manner that would conflict with the continued maintenance of the Easement Area in its
restored natural condition; and
WHEREAS, Clearwater is undertaking construction and installation of the Improvements
for the purpose of creating and selling stream and/or wetland mitigation credits to offset
unavoidable stream and/or wetland impacts from building and construction projects, including the
Atlantic Coast Pipeline, and Grantor and Grantee recognize that all mitigation credits generated
by the Improvements and the proceeds therefrom shall belong exclusively to Clearwater and may
be transferred by Clearwater as may be necessary to provide mitigation credits to other entities,
including entities associated with the construction of the Atlantic Coast Pipeline.
NOW, THEREFORE, for and in consideration of the premises and the mutual covenants,
terms, conditions and restrictions contained herein, and pursuant to the laws of North Carolina and
in particular the Historic Preservation and Conservation Agreements Act, as set forth under N.C.
Gen. Stat. §121-34 et. seq., Grantor hereby voluntarily grants and conveys unto Grantee this
3

Conservation Easement in perpetuity aver portions of the Property as described in Exhibit A,
attached hereto, said portions of the Property being collectively referred to as the Easement Area,
together with easements over the Property for ingress, egress, and regress to the Easement Area as
described in Exhibit A and as referenced in the map referred to in Exhibit A, of the nature, character
and terms herein and hereinafter set forth:
1. Duration, This Conservation Easernent shall be perpetual. This Conservation
Easement is an easement in gross, runs with the Iand, and is enforceable by Grantee and Grantee's
successors and assigns against Grantor and Grantor's successors and assigns, lessees, agents, and
licensees.
2. Purpose. The purpose of this Conservation Easement is to provide for the creation,
restoration, enhancement, maintenance and preservation of wetland and/or riparian resources
within the Easement Area and in conjunction therewith, to give to Grantee, and its agents,
including Clearwater, the right to enter upon the Property to make improvements within the
Easement Area, including the right to construct, install, improve, inspect, and repair the stream
banks and stream beds, riparian channels, and adjacent natural areas within the Easement Area and
to make improvements to storm water pipe outfall areas (collectively, the "Improvements"); to
obtain samples of storm water from time to time for testing purposes; to remove from the Easement
Area trees, structures or other obstructions to the proper maintenance and operation of said storm
drainage facilities. Upon completion of the Improvements, the purpose of this Conservation
Easement is to give Grantee and its successors and assigns including, but not Limited to Clearwater,
the perpetual right to restore, maintain and enhance the Easement Area to a natural, undeveloped
condition that contributes to the protection and improvement of water quality, flood protection,
4

wildlife and aquatic habitat, and to prevent any use of the protected Easement Area that will
significantly impair or interfere with these purposes.
3. Prohibited and Restricted Activities. Upon completion of the Improvements on the
Easement Area, including Clearwater's construction of the same and any necessary or required
monitoring or maintenance of the Easement Area that may be required by Clearwater, any activity
on, or use of, the Easement Area, inconsistent with the purpose of this Conservation Easement is
prohibited. The Easement Area shall be restored to and thereafter preserved in its natural
condition and restricted from any development that would impair or interfere with the
conservation values of the Easement Area. Without limiting the generality of the foregoing, the
following activities and uses are expressly prohibited, restricted or reserved as indicated
hereunder:
(a) Inconsistent Activities. Any activity or use of the Easement Area inconsistent
with the purpose of this Conservation Easement is prohibited.
(b) Disturbance of Natural Features. There shall be no change, disturbance,
alteration or impairment of the natural features within the Easement Area. There shall be no
change in topography of the land and no alteration of the restored, enhanced or created drainage
patterns.
(c) Vegetation. Unauthorized mowing, cutting, removal, harming, or destruction
of any trees, shrubs or other vegetation in the Easement Area is prohibited. Removal of dead,
diseased or damaged trees and non-native species is allowed with the prior written approval of
Grantee, Clearwater and the United States Army Corps of Engineers ("USACE"). There shall be
no unauthorized introduction of new plant or animal species. Livestock grazing is prohibited.
5

(d) Construction. Except as related to the construction of the Improvements, there shall
be no construction or placement of temporary or permanent structures or facilities, including, but
not limited to fences, pavement, storage buildings and storage tanks on, under, or above the
Easement Area. Pre-existing structures or facilities may be repaired, maintained, improved or
removed as necessary with prior approval of Grantee, provided such actions do not diminish the
conservation values of the Easement Area.
(e) Signage. No signs shall be permitted on or over the Easement Area, except the posting
of no trespassing signs, way finding signs, or signs for educational and interpretive purposes.
(f) Dumping or Storage. Dumping or storage of leaves, grass clippings, soil, trash, ashes,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste
or similar items is prohibited.
4. Grantee's Rights. Grantee or its authorized representatives, successors and assigns,
including Clearwater, shall have the right to enter the Property and the Easement Area at all
reasonable times for the purpose of inspecting the Easement Area to determine if Grantor, or
Grantor's personal representatives, heirs, successors, or assigns, are complying with the terms,
conditions, restrictions, and purposes of this Conservation Easement. Grantee and Clearwater shall
also have the right to enter and go upon the Property and the Easement Area for purposes of making
scientific or educational observations and studies, and taking samples in and around the Easement
Area. The easement rights granted herein do not include public access rights.
It is understood and agreed by and between the parties that Grantee and Clearwater shall
have the right to enter and have access to the Property and the Easement Area as may be needed
for the purposes described herein, and no entry for such purposes shall be deemed a trespass. Any
damage that may occur outside the Easement Area to landscaping, fences, buildings, or other
6

structures resulting from Grantee's or Clearwater's exercise of the right of entry and access shall
be repaired by Grantee and/or Clearwater, as may be applicable.
5. Grantor's Rights. Grantor expressly reserves for itself, its representatives,
successors or assigns, the right to continue to use the Easement Area for all purposes not
inconsistent with this Conservation Easement, including, but not limited to, the right to quiet
enjoyment of the Easement Area, the rights of ingress and egress, the right to hunt, fish and hike
on the Easement Area, the right to sell, transfer, gift, or otherwise convey the Easement Area, in
whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall
specifically reference and be subject to this Conservation Easement.
6. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement
shall be construed to entitle Grantee or Clearwater to bring any action against Grantor for any
injury or change in the Easement Area resulting from causes beyond Grantor's control, including,
without limitation, fire, flood, storm, war, acts of God or third parties, acts or omissions by
individuals not under the direction or control of Grantor, except Grantor's lessees or invitees; or
from any prudent action taken in good faith by Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to life, damage to property or harm to the Easement Area
resulting from such causes.
7. Subsequent Transfers. Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or other legal instrument that transfers any interest in all or a portion of the
Easement Area. Grantor and Grantee agree that the terms of this Conservation Easement shall
survive any merger of the fee and easement interests in the Easement Area or any portion thereof
and shall not be amended, modified or terminated without the prior written consent and approval
of the Parties.
7

8. Assignment. The parties recognize and agree that the benefits of this Conservation
Easement are in gross and assignable provided, however that Grantee hereby covenants and agrees,
that in the event it transfers or assigns this Conservation Easement, the organization receiving the
interest will be a qualified holder under N.C. Gen. Stat. § 121 -34 et seq. and §170(h) of the Internal
Revenue Code, and Grantee further covenants and agrees that the terms of the transfer or
assignment will be such that the transferee or assignee will be required to continue in perpetuity
the conservation purposes described in this document.
9. Indemnification. Grantee agrees to indemnify and save harmless Grantor from and
against any loss, claim, damage, cost or expense (including reasonable attorney's fees) suffered or
incurred by Grantor by reason of any injury to person or damage to property on or about the
Easement Area to the extent caused by Grantee, its officers, employees, agents, invitees,
contractors, or subcontractors entering or conducting work in connection with the Improvements
or maintenance of the Easement Area; provided the foregoing shall not apply to any loss, claim,
damage, cost or expense suffered or incurred as a result of negligence or the intentional misconduct
of Grantor or Grantor's employees, agents or invitees.
10. Miscellaneous.
a. The title to the Conservation Easement conveyed herein is subject to the
following exceptions: None
b. Except with respect to the provisions of that certain Option to purchase
Conservation Easement and Agreement dated March 10, 2017, by and between Grantor and
Clearwater, this instrument sets forth the entire agreement of the parties with respect to the
Conservation Easement and supersedes all prior discussions, negotiations, understandings or
agreements relating to the Conservation Easement. If any provision is found to be invalid, the
8

remainder of the provisions of the Conservation Easement, 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. Any notices shall be sent by registered or certified mail, return receipt
requested to the parties at their addresses as shown above or to other address(es) as either party
establishes in writing upon notification to the other.
d. Grantor shall notify Grantee in writing of the name and address and any
party to whom the Property or any part thereof is to be transferred at or prior to the time said
transfer is made. Grantor further agrees to make any subsequent lease, deed, or other legal
instrument by which any interest in the Property is conveyed, subject to the Conservation
Easement herein created.
e. The Grantor and Grantee agree that the terms of this Conservation
Easement shall survive any merger of the fee and easement interests in the Property or any
portion thereof.
f. This Conservation Easement may be amended, but only in a writing
signed by all parties hereto or their respective successors or assigns, and provided such
amendment does not affect the qualification of this Conservation Easement or the status of the
Grantee under any applicable laws, and is consistent with the purposes of the Conservation
Easement.
g•
The parties recognize and agree that the benefits of this Conservation
Easement are in gross and are assignable by Grantee; provided, however, that the Grantee hereby
covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the
organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et
9

seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees
that the terms of the transfer or assignment will be such that the transferee or assignee will be
required to continue in perpetuity the conservation purposes described in this document.
h. Any mitigation credits or similar entitlements generated or to be generated
as a result of the mitigation project to be completed in the Easement Area shall belong
exclusively to Grantee or Grantee's designee including, but not limited to, Clearwater or
Clearwater's designee, and Grantor shall have no right to or interest in any such mitigation
credits or the proceeds thereof.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the
aforesaid purposes.
AND Grantor covenants that Grantor is seized of the property described in Exhibit A in
fee, and has the right to convey the permanent Conservation Easement herein granted; that Grantor
has done nothing to impair such title as Grantor received, and Grantor will warrant and defend
such title against the lawful claims of all persons claiming by, under or through Grantor other than
the specified exceptions set forth in Paragraph 10 a., above.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
GRAN
By: �f
haf Minson St
By: 11i.�1
rsula H Stewart
10
(SEAL)
(SEAL)

STATE OF NORTH CAROLINA
COUNTY OF
I' '`R- , the undersigned Notary Public of the County and
State aforesaid, certify that Chad Minson Stewart and wife, Ursula H. Stewart, personally
appeared before me this day, acknowledging to me that they voluntarily signed the foregoing
document for the purposes therein expressed. I have received satisfactory evidence of the
principal's identity in the form of. f 3 Lcc s6
WITNESS my hand and official stamp or seal, this the 3 day of ,ew,I 2018.
My Commission Expires:
/- Zaz-
00434331
11

EXHIBIT A
Conservation Easement Description
Conservation Easements identified as Conservation Easement Areas 3, 4
and 5 as shown on plat entitled "Conservation Easement for Clearwater
Holdings I, LLC over a portion of the lands of the Tract recorded in D. B.
2344 Pg. 794 (PIN No. 169000-48-1394), (current owner: James Clifton
Rhodes) and also over a portion of the lands of the Tract recorded in D. B.
4934 Pg. 113 (PIN No. 169000-27-5572) (current owner: Chad M. Stewart),
Ingrams Township, Johnston County, North Carolina" recorded at Plat
Book , Page R 33 , Johnston County, North
Carolina Registry.
60434331/1

Prepared by and return to:
Robert H. Merritt, Jr.
P. D. Box I35I
Raleigh, NC 27602
STATE OF NORTH CAROLINA
COUNTY OF JOHNSTON
Tel/ 6154••tb
THIS DEED FOR CONSERVATION
made this J day of j�-73C.lilt 2018 by
Filed in JOHNSTON COUNTY, NC
CRRIG OLIVE, Register of Deeds
DEED 00d 0K: 50978PAGE: PM
INSTRUMENT # 2018559808
Real Estate Excise Tax $834.00
Deputy/Assistant Register of Deeds asantos
DEED FOR CONSERVATION
EASEMENT
EASEMENT (this "Conservation Easement"), is
and between JAMES CLIFTON RHODES and
wife, TERESA M. RHODES ("Grantor") whose mailing address is 2009 Devils Racetrack Road
Four Oaks, North Carolina 27525, and CLEARWATER HOLDINGS I, LLC ("Grantee")
whose mailing address is 604 Macon Place, Raleigh, NC 27609.
The designation Grantor and Grantee as used herein shall include said parties, their
successors, and assigns, lessees, agents and licenses, and shall include singular, plural, masculine,
feminine or neuter as required by context.

WITNESSETH:
WHEREAS, Grantor owns in fee simple, the real property situated in Ingrains Township,
Johnston County, North Carolina (the "Property"), being the following parcel of land: (1) PIN No.
169000-48-1394; Parcel No. 08K130I2A containing approximately 57.27 acres, said tract being
acquired by the Grantor pursuant to deed recorded at Book 2344, Page 794, Johnston County,
North Carolina, Registry; and
WHEREAS, Grantee has been formed for the purpose of acquiring, maintaining, restoring,
enhancing, creating and preserving wetland and riparian resources that contribute to the protection
and irnprovernent of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and
recreational opportunities; and
WHEREAS, Grantee is qualified to be the grantee of a Conservation Easement pursuant to
N.C. Gen. Stat. §121-35; and
WHEREAS, Grantor has entered into an Option Agreement with Clearwater Mitigation
Solutions, LLC, a North Carolina Limited Liability Company ("Clearwater") for the conveyance
of an interest in a portion or portions of the Property which will constitute the area covered by the
Conservation Easement and referred to herein as the "Easement Area", said Easement Area being
more particularly described on Exhibit A, attached hereto (the "Easement Area") and for the
construction, installation, maintenance and repair of certain Improvements (defined in Paragraph
2 below) for the purpose of stream and wetlands restoration within the Easement Area; and
WHEREAS, Clearwater is qualified and authorized to undertake such actions as may be
necessary to construct, install, maintain and repair the Improvements and to protect the natural
state of the Easement Area; and
2

WHEREAS, Grantor, Grantee, and Clearwater have determined the need for restoration of
and improvements to the stream, associated buffers and related wetland areas existing within the
Easement Area as well as the requirements for access to the Easement Area in order to proceed
with restoration, including installation, construction, repair, and maintenance of the
Improvements; and
WHEREAS, Grantor, Grantee, and Clearwater recognize that the Easement Area will be
disturbed by Clearwater, its employees and agents during restoration of the stream, wetland and
buffer areas, but desire to see the Easement Area restored to a natural and stable state and
maintained in that condition at the completion of the Improvements, and they further wish to limit
activities or acts detrimental to the land or water areas within the Easement Area for any purpose
or in any manner that would conflict with the continued maintenance of the Easement Area in its
restored natural condition; and
WHEREAS, Clearwater is undertaking construction and installation of the Improvements
for the purpose of creating and selling stream and/or wetland mitigation credits to offset
unavoidable stream and/or wetland impacts from building and construction projects, including the
Atlantic Coast Pipeline, and Grantor and Grantee recognize that all mitigation credits generated
by the Improvements and the proceeds therefrom shall belong exclusively to Clearwater and may
be transferred by Clearwater as may be necessary to provide mitigation credits to other entities,
including entities associated with the construction of the Atlantic Coast Pipeline.
NOW, THEREFORE, for and in consideration of the premises and the mutual covenants,
terms, conditions and restrictions contained herein, and pursuant to the laws of North Carolina and
in particular the Historic Preservation and Conservation Agreements Act, as set forth under N.C.
Gen. Stat. §121-34 et. seq., Grantor hereby voluntarily grants and conveys unto Grantee this
3

Conservation Easement in perpetuity over portions of the Property as described in Exhibit A,
attached hereto, said portions of the Property being collectively referred to as the Easement Area,
together with easements over the Property for ingress, egress, and regress to the Easement Area as
described in Exhibit A and as referenced in the map referred to in Exhibit A, of the nature, character
and terms herein and hereinafter set forth:
1. Duration. This Conservation Easement shall be perpetual. This Conservation
Easement is an easement in gross, runs with the Iand, and is enforceable by Grantee and Grantee's
successors and assigns against Grantor and Grantor's successors and assigns, lessees, agents, and
licensees.
2. Purpose. The purpose of this Conservation Easement is to provide for the creation,
restoration, enhancement, maintenance and preservation of wetland and/or riparian resources
within the Easement Area and in conjunction therewith, to give to Grantee, and its agents,
including Clearwater, the right to enter upon the Property to make improvements within the
Easement Area, including the right to construct, install, improve, inspect, and repair the stream
banks and stream beds, riparian channels, and adjacent natural areas within the Easement Area and
to make improvements to storm water pipe outfall areas (collectively, the "Improvements"); to
obtain samples of storm water from time to time for testing purposes; to remove from the Easement
Area trees, structures or other obstructions to the proper maintenance and operation of said storm
drainage facilities. Upon completion of the Improvements, the purpose of this Conservation
Easement is to give Grantee and its successors and assigns including, but not limited to Clearwater,
the perpetual right to restore, maintain and enhance the Easement Area to a natural, undeveloped
condition that contributes to the protection and improvement of water quality, flood protection,
4

wildlife and aquatic habitat, and to prevent any use of the protected Easement Area that will
significantly impair or interfere with these purposes.
3. Prohibited and Restricted Activities. Upon completion of the Improvements on the
Easement Area, including Clearwater's construction of the same and any necessary or required
monitoring or maintenance of the Easement Area that may be required by Clearwater, any activity
on, or use of, the Easement Area, inconsistent with the purpose of this Conservation Easement is
prohibited. The Easement Area shall be restored to and thereafter preserved in its natural
condition and restricted from any development that would impair or interfere with the
conservation values of the Easement Area. Without limiting the generality of the foregoing, the
following activities and uses are expressly prohibited, restricted or reserved as indicated
hereunder:
(a) Inconsistent Activities. Any activity or use of the Easement Area inconsistent
with the purpose of this Conservation Easement is prohibited.
(b) Disturbance of Natural Features. There shall be no change, disturbance,
alteration or impairment of the natural features within the Easement Area. There shall be no
change in topography of the land and no alteration of the restored, enhanced or created drainage
patterns.
(c) Vegetation. Unauthorized mowing, cutting, removal, harming, or destruction
of any trees, shrubs or other vegetation in the Easement Area is prohibited. Removal of dead,
diseased or damaged trees and non-native species is allowed with the prior written approval of
Grantee, Clearwater and the United States Army Corps of Engineers ("USACE"). There shall be
no unauthorized introduction of new plant or animal species. Livestock grazing is prohibited.
5

(d) Construction. Except as related to the construction of the Improvements, there shall
be no construction or placement of temporary or permanent structures or facilities, including, but
not limited to fences, pavement, storage buildings and storage tanks on, under, or above the
Easement Area. Pre-existing structures or facilities may be repaired, maintained, improved or
removed as necessary with prior approval of Grantee, provided such actions do not diminish the
conservation values of the Easement Area.
(e) Signage. No signs shall be permitted on or over the Easement Area, except the posting
of no trespassing signs, way finding signs, or signs for educational and interpretive purposes.
(f) Dumping or Storage. Dumping or storage of leaves, grass clippings, soil, trash, ashes,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste
or similar items is prohibited.
4. Grantee's Rights. Grantee or its authorized representatives, successors and assigns,
including Clearwater, shall have the right to enter the Property and the Easement Area at all
reasonable times for the purpose of inspecting the Easement Area to determine if Grantor, or
Grantor's personal representatives, heirs, successors, or assigns, are complying with the terms,
conditions, restrictions, and purposes of this Conservation Easement. Grantee and Clearwater shall
also have the right to enter and go upon the Property and the Easement Area for purposes of making
scientific or educational observations and studies, and taking samples in and around the Easement
Area. The easement rights granted herein do not include public access rights.
It is understood and agreed by and between the parties that Grantee and Clearwater shall
have the right to enter and have access to the Property and the Easement Area as may be needed
for the purposes described herein, and no entry for such purposes shall be deemed a trespass. Any
damage that may occur outside the Easement Area to landscaping, fences, buildings, or other
6

structures resulting from Grantee's or Clearwater's exercise of the right of entry and access shall
be repaired by Grantee and/or Clearwater, as may be applicable.
5. Grantor's Rights. Grantor expressly reserves for itself, its representatives,
successors or assigns, the right to continue to use the Easement Area for all purposes not
inconsistent with this Conservation Easement, including, but not limited to, the right to quiet
enjoyment of the Easement Area, the rights of ingress and egress, the right to hunt, fish and hike
on the Easement Area, the right to sell, transfer, gift, or otherwise convey the Easement Area, in
whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall
specifically reference and be subject to this Conservation Easement.
6. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement
shall be construed to entitle Grantee or Clearwater to bring any action against Grantor for any
injury or change in the Easement Area resulting from causes beyond Grantor's control, including,
without limitation, fire, flood, storm, war, acts of God or third parties, acts or omissions by
individuals not under the direction or control of Grantor, except Grantor's lessees or invitees; or
from any prudent action taken in good faith by Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to life, damage to property or harm to the Easement Area
resulting from such causes.
7. Subsequent Transfers. Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or other legal instrument that transfers any interest in all or a portion of the
Easement Area. Grantor and Grantee agree that the terms of this Conservation Easement shall
survive any merger of the fee and easement interests in the Easement Area or any portion thereof
and shall not be amended, modified or terminated without the prior written consent and approval
of the Parties.
7

8. Assignment, The parties recognize and agree that the benefits of this Conservation
Easement are in gross and assignable provided, however that Grantee hereby covenants and agrees,
that in the event it transfers or assigns this Conservation Easement, the organization receiving the
interest will be a qualified holder under N.C. Gen. Stat. §121-34 et seq. and §170(h) of the Internal
Revenue Code, and Grantee further covenants and agrees that the terms of the transfer or
assignment will be such that the transferee or assignee will be required to continue in perpetuity
the conservation purposes described in this document.
9. Indemnification. Grantee agrees to indemnify and save harmless Grantor from and
against any loss, claim, damage, cost or expense (including reasonable attorney's fees) suffered or
incurred by Grantor by reason of any injury to person or damage to property on or about the
Easement Area to the extent caused by Grantee, its officers, employees, agents, invitees,
contractors, or subcontractors entering or conducting work in connection with the Improvements
or maintenance of the Easement Area; provided the foregoing shall not apply to any loss, claim,
damage, cost or expense suffered or incurred as a result of negligence or the intentional misconduct
of Grantor or Grantor's employees, agents or invitees.
10. Miscellaneous.
a. The title to the Conservation Easement conveyed herein is subject to the
following exceptions: None
b. Except with respect to the provisions of that certain Option to purchase
Conservation Easement and Agreement dated March 9, 2017, by and between Grantor and
Clearwater, this instrument sets forth the entire agreement of the parties with respect to the
Conservation Easement and supersedes all prior discussions, negotiations, understandings or
agreements relating to the Conservation Easement. If any provision is found to be invalid, the
8

remainder of the provisions of the Conservation Easement, 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. Any notices shall be sent by registered or certified mail, return receipt
requested to the parties at their addresses as shown above or to other address(es) as either party
establishes in writing upon notification to the other.
d. Grantor shall notify Grantee in writing of the name and address and any
party to whom the Property or any part thereof is to be transferred at or prior to the time said
transfer is made. Grantor further agrees to make any subsequent lease, deed, or other legal
instrument by which any interest in the Property is conveyed, subject to the Conservation
Easement herein created.
e. The Grantor and Grantee agree that the terms of this Conservation
Easement shall survive any merger of the fee and easement interests in the Property or any
portion thereof.
£ This Conservation Easement may be amended, but only in a writing
signed by all parties hereto or their respective successors or assigns, and provided such
amendment does not affect the qualification of this Conservation Easement or the status of the
Grantee under any applicable laws, and is consistent with the purposes of the Conservation
Easement.
g.
The parties recognize and agree that the benefits of this Conservation
Easement are in gross and are assignable by Grantee; provided, however, that the Grantee hereby
covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the
organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et
9

seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees
that the terms of the transfer or assignment will be such that the transferee or assignee will be
required to continue in perpetuity the conservation purposes described in this document.
h. Any mitigation credits or similar entitlements generated or to be generated
as a result of the mitigation project to be completed in the Easement Area shall belong
exclusively to Grantee or Grantee's designee including, but not limited to, Clearwater or
Clearwater's designee, and Grantor shall have no right to or interest in any such mitigation
credits or the proceeds thereof.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the
aforesaid purposes.
AND Grantor covenants that Grantor is seized of the property described in Exhibit A in
fee, and has the right to convey the permanent Conservation Easement herein granted; that Grantor
has done nothing to impair such title as Grantor received, and Grantor will warrant and defend
such title against the lawful claims of all persons claiming by, under or through Grantor other than
the specified exceptions set forth in Paragraph 10 a., above.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
GRANTOR:
By -4-~Ze m (SEAL)
`James Clifto odes
By:
10
447-4--) (SEAL)
resa M. Rhodes

STATE OF NORTH CAROLINA
COUNTY OF kil, 447
I, IC.�k! k &fir 1; JR- • , the undersigned NotaryPublic of the
State aforesaid, certify th t James Clifton Rhodes and wife, Teresa M. Rhodes, Cpersonlly
appeared before me this day, acknowledging to me that they voluntarily signed the foregoing
document for the purposes therein expressed. I have received satisfactory evidence of the
principal's identity in the form of Ar[ a L, G�,,.sc—
r4
WITNESS my hand and official stamp or seal, this the 5 day of f"C-'W, .c.g/L/ 2018.
My Commission Expires:
00434359/1
11
Notary4ublic,

EXHIBIT A
Conservation Easement Description
Conservation Easements identified as Conservation Easement Areas 1 and
2, as shown on plat entitled "Conservation Easement for Clearwater
Holdings I, LLC over a portion of the lands of the Tract recorded in D. B.
2344 Pg. 794 (PIN No. 169000-48-1394), (current owner: James Clifton
Rhodes) and also over a portion of the lands of the Tract recorded in D. B.
4934 Pg. 113 (PIN No. 169000-27-5572) (current owner: Chad M. Stewart),
Ingrams Township, Johnston County, North Carolina" recorded at Plat
Book , Page 2 3 3 , Johnston County, North
Carolina Registry.
00434359 / 1

Appendix E. Financial Assurances
- Draft Monitoring Bond
- Annual Maintenance & Monitoring Costs
Lowlands Wetland Mitigation Site — Mitigation Plan Appendices

Policy Number:
UMR #: B1392BWI216054 Previous Policy Number:
MITIGATION BANK INSURANCE
POLICY DECLARATIONS
INSURER
UNDERWRITING OFFICE
PRODUCER
Underwriters at Lloyds of London
Alliant Americas — A Division of
Alliant Insurance Services
6550 Rock Spring Drive, Suite 610
Bethesda, MD 20817
Contact Person: Barry Peters
Robert S. Spoth, President
Ecosystems Insurance Associates,
LLC
10 Market Street
Onancock, VA 23417
Phone Number: [phone]
CLAIMS
MADE
AND
REPORTED
COVERAGE
NOTICE: THIS IS A CLAIMS -MADE AND REPORTED POLICY. THIS POLICY HAS CERTAIN PROVISIONS
AND REQUIREMENTS UNIQUE TO IT AND MAY BE DIFFERENT FROM OTHER POLICIES A "NAMED
INSURED" MAY HAVE PURCHASED. FOR THERE TO BE COVERAGE UNDER THIS POLICY, A CLAIM
MUST FIRST BE MADE AGAINST THE NAMED INSURED BY THE REGULATORY AGENCY AND
REPORTED TO UNDERWRITERS DURING THE POLICY PERIOD. THIS POLICY INCLUDES NO DUTY TO
DEFEND OR TO PAY DEFENSE COSTS.
PLEASE READ THE ENTIRE POLICY CAREFULLY
ITEM 1
Named Insured:
Clearwater Mitigation Solutions, LLC
Mailing Address:
604 Macon Place,
Raleigh, NC 27609
A.
Mitigation Bank
Lowlands Mitigation Site
B.
Insured Property
The Lowlands Wetland Mitigation Site ('Site") is located approximately one
mile northeast of the intersection of Devils Racetrack Road (SR 1009) and
Guin Road (SR 1184) in Johnston County, North Carolina (35.421° N;
78.348° W). The Site is located within the Neuse River Basin, 8 digit
Hydrologic Unit Code (HUC) 03020201, more specifically within the 14 digit
HUC 03020201150050.
ITEM 2
Policy Period From: TBD/2022 To: TBD/2023
At 12:01 A.M. both dates at your mailing address shown above.
THE INSURANCE COMPANY WITH WHICH THIS COVERAGE HAS BEEN
PLACED IS NOT LICENSED BY THE STATE OF NORTH CAROLINA AND IS NOT
SUBJECT TO ITS SUPERVISION. IN THE EVENT OF THE INSOLVENCY OF THE
INSURANCE COMPANY, LOSSES UNDER THIS POLICY WILL NOT BE PAID BY
ANY STATE INSURANCE GUARANTY OR SOLVENCY FUND.

ITEM 3: LIMIT OF LIABILITY
The Limit of Liability shown below is subject to possible reduction pursuant to Section IV. B. of this Policy.
AGGREGATE LIMIT FOR
ALL CLAIMS: $ 42,075.00
ITEM 4: DEDUCTIBLE
ITEM 5:
POLICY PREMIUM
10,000.00 Per Claim
TBD
TRIA PREMIUM $ included
STATE TAX OR OTHER (IF
APPLICABLE): $ TBD
TOTAL PREMIUM
100% minimum and earned on the inception
date of the Policy
Total Premium 100% minimum and earned on
$ TBD the inception date of the Policy.
ITEM 6: REGULATORY AGENCY:
Name:
United States Army Corps of Engineers (USACE) Wilmington District
N/k
Address
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
The name and address above will be used for all notices to the Regulatory Agency
ITEM 7: NOTICE TO UNDERWRITERS
Notices to Underwriters pursuant to Section V.B.1. of this Policy shall be sent to the following:
Wilson, Elser, Moskowitz, Edelman & Dicker, LLP
150 E. 42nd Street
New York, New York 10017
Attn: Martin. M. Ween, Esq.
ITEM 8:

FORMS AND ENDORSEMENTS FORMING A PART OF THIS POLICY AS OF THE INCEPTION DATE:
See attached schedule of forms and endorsement:
THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE
FORM(S) AND ANY ENDORSEMENT(S), COMPLETE THE ABOVE NUMBERED POLICY.
Countersigned:
By:
Date:
Authorized Representative:

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SCHEDULE OF FORMS AND ENDORSEMENTS
Named Insured: Clearwater Mitigation Solutions, LLC
Policy Number: TBD
Policy Period
From: TBD/2022
To: TBD/2023
Forms and Endorsements
Mitigation Bank Insurance Policy Declarations
Mitigation Bank Insurance Policy Wording - NYDOCS01 - #7566288, 7 7 2016
edition
Schedule of Forms and Endorsements
Nuclear Energy Exclusion Endorsement
Exclusion of Certified Nuclear, Biological, Chemical or Radiological Acts of
Terrorism and Exclusion of other Acts Terrorism Committed Outside the United
States; Cap on losses from Certifies Acts of Terrorism
US Treasury Dept office of Foreign Assets Control (OFAC )
Several Liability Notice
Minimum Earned Premium Endorsement
Mitigation Bank Insurance Coverage Form

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NUCLEAR ENERGY EXCLUSION ENDORSEMENT
NUCLEAR INCIDENT EXCLUSION CLAUSE -LIABILITY -DIRECT (BROAD) (U.S.A.)
For attachment to insurances of the following classifications in the U.S.A., its Territories and
Possessions, Puerto Rico and the Canal Zone:
Owners, Landlords and Tenants Liability, Contractual Liability, Elevator Liability, Owners or Contractors
(including railroad) Protective Liability, Manufacturers and Contractors Liability, Product Liability,
Professional and Malpractice Liability, Storekeepers Liability, Garage Liability, Automobile Liability
(including Massachusetts Motor Vehicle or Garage Liability),
not being insurances of the classifications to which the Nuclear Incident Exclusion Clause -
Liability -Direct (Limited) applies.
•
This Policy* does not apply:
I. Under any Liability Coverage, to injury, sickness, disease, death or destruction:
(a) with respect to which an insured under the Policy is also an insured under a nuclear energy
liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy
Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under
any such policy but for its termination upon exhaustion of its limit of liability; or
(b) resulting from the hazardous properties of nuclear material and with respect to which (1) any
person or organization is required to maintain financial protection pursuant to the Atomic Energy
Act of 1954, or any law amendatory thereof, or (2) the insured is, or had this Policy not been
issued would be, entitled to indemnity from the United States of America, or any agency thereof,
under any agreement entered into by the United States of America, or any agency thereof, with
any person or organization. / ■
II. Under any Medical Payments Coverage, or under any Supplementary Payments Provision relating to
immediate medical or surgical relief, to expenses incurred with respect to bodily injury, sickness,
disease or death resulting from the hazardous properties of nuclear material and arising out of the
operation of a nuclear facility by any person or organization.
III. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the
hazardous properties of nuclear material, if:
(a) the nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf of, an
insured or (2) has been discharged or dispersed therefrom;
(b) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used,
processed, stored, transported or disposed of by or on behalf of an insured; or
(c) the injury, sickness, disease, death or destruction arises out of the furnishing by an insured of
services, materials, parts or equipment in connection with the planning, construction, maintenance,

operation or use of any nuclear facility, but if such facility is located within the United States of
America, its territories or possessions or Canada, this exclusion (c) applies only to injury to or
destruction of property at such nuclear facility.
IV. As used in this endorsement:
"hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means
source material, special nuclear material or by-product material; "source material", "special nuclear
material", and "by-product material" have the meanings given them in the Atomic Energy Act 1954 or
in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid,
which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1)
containing by-product material and (2) resulting from the operation by any person or organization of
any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof
"nuclear facility" means:
(a) any nuclear reactor,
(b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium,
(2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste,
(c) any equipment or device used for the processing, fabricating or alloying of special nuclear
material if at any time the total amount of such material in the custody of the insured at the
premises where such equipment or device is located consists of or contains more than 25 grams of
plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235,
(d) any structure, basin, excavation, premises r place prepared or used for the storage or disposal of
waste,
and includes the site on which any of the foregoing is located, all operations conducted on such site
and all premises used for such operations; "nuclear reactor" means any apparatus designed or used to
sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable
material. With respect to injury to or destruction of property, the word "injury" or "destruction"
includes all forms of radioactive contamination of property.
It is understood and agreed that, except as specifically provided in the foregoing to the contrary,
this clause is subject to the terms, exclusions, conditions and limitations of the Policy to which it
is attached.
* NOTE: As respects policies which afford liability coverages and other forms of coverage in
addition, the words underlined should be amended to designate the liability coverage to which
this clause is to apply.
17/3/60
NMA1256

RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE -LIABILITY -DIRECT (U.S.A.)
For attachment (in addition to the appropriate Nuclear Incident Exclusion Clause -Liability -
Direct) to liability insurances affording worldwide coverage.
In relation to liability arising outside the U.S.A., its Territories or Possessions, Puerto Rico or the
Canal Zone, this Policy does not cover any liability of whatsoever nature directly or indirectly
caused by or contributed to by or arising from ionising radiations or contamination by
radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear
fuel.
13/2/64
NMA 1477

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION OF CERTIFIED NUCLEAR, BIOLOGICAL,
CHEMICAL OR RADIOLOGICAL ACTS OF TERRORISM
AND EXCLUSION OF OTHER ACTS OF TERRORISM
COMMITTED OUTSIDE THE UNITED STATES; CAP ON
LOSSES FROM CERTIFIED ACTS OF TERRORISM
This endorsement modifies insurance provided as follows:
A. The following exclusion is added: This insurance does not apply to: TERRORISM
1. "Any Claim" arising, directly or indirectly, out of a "certified act of terrorism". However, this exclusion
applies only when one or more of the following are attributed to such act:
a. The terrorism involves the use, release or escape of nuclear materials, or directly or indirectly
results in nuclear reaction or radiation or radioactive contamination; or
b. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous
biological or chemical materials; or
c. Pathogenic or poisonous biological or chemical materials are released, and it appears that one
purpose of the terrorism was to release such materials.
2. "Any Claim" arising, directly or indirectly, out of an "other act of terrorism" that is committed outside of
the United States (including its territories and possessions and Puerto Rico), but within the "coverage
territory". However, this exclusion applies only when one or more of the following are attributed to such
act:
a. The total of insured damage to all types of property exceeds $25,000,000 (valued in U.S. dollars). In
determining whether the $25,000,000 threshold is exceeded, we will include all insured damage
sustained by property of all persons and entities affected by the terrorism and business interruption
losses sustained by owners or occupants of the damaged property. For the purpose of this
provision, insured damage means damage that is covered by any insurance plus damage that
would be covered by any insurance but for the application of any terrorism exclusions; or
b. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision,
serious physical injury means:
(1) Physical injury that involves a substantial risk of death; or
(2) Protracted and obvious physical disfigurement; or
(3) Protracted loss of or impairment of the function of a bodily member or organ; or
c. The terrorism involves the use, release or escape of nuclear materials, or directly or indirectly results
in nuclear reaction or radiation or radioactive contamination; or
d. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous
biological or chemical materials; or
e. Pathogenic or poisonous biological or chemical materials are released, and it appears that one
purpose of the terrorism was to release such materials.
With respect to this exclusion, Paragraphs a. and b. describe the thresholds used to measure the magnitude
of an incident of an "other act of terrorism" and the circumstances in which the threshold will apply for the
purpose of determining whether this exclusion will apply to that incident
B. The following definitions are added:

1. For the purposes of this endorsement, "any claim" means a written notice given by the "regulatory body"
to the Company setting forth in detail the information required by Section V.A. under this Coverage Part
to which this endorsement is applicable, and includes but is not limited to "any claim" as may be defined
in this Coverage Part.
2. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence
with the Secretary of State and the Attorney General of the United States, to be an act of terrorism
pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk
Insurance Act for a "certified act of terrorism" include the following:
a. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of
insurance subject to the Terrorism Risk Insurance Act; and
b. The act resulted in damage:
(1) Within the United States (including its territories and possessions and Puerto Rico); or
(2) Outside of the United States in the case of:
(a) An air carrier (as defined in Section 40102 of title 49, United States Code) or United States
flag vessel (or a vessel based principally in the United States, on which United States income
tax is paid and whose insurance coverage is subject to regulation in the United States),
regardless of where the loss occurs; or
(b) The premises of any United States mission; and
c. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is
committed by an individual or individuals as part of an effort to coerce the civilian population of the
United States or to influence the policy or affect the conduct of the United States Government by
coercion.
3. "Other act of terrorism" means a violent act or an act that is dangerous to human life, property or
infrastructure that is committed by an individual or individuals and that appears to be part of an effort to
coerce a civilian population or to influence the policy or affect the conduct of any government by
coercion, and the act is not a "certified act of terrorism".
Multiple incidents of an `other act of terrorism" which occur within a seventy-two hour period and appear to
be carried out in concert or to have a related purpose or common leadership shall be considered to be one
incident
C. In the event of any incident of a "certified act of terrorism" or an `other act of terrorism: that is not subject
to this exclusion, coverage does not apply to any loss or damage that is otherwise excluded under this
Coverage Part.
D. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance
Act exceed $100 billion in a Program Year (January 1 through December 31) and we have met our insurer
deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion
of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount
are subject to pro rata allocation in accordance with procedures established by the Secretary of the
Treasury.
All other terms, conditions and exclusions remain unchanged.
Endorsement Effective: Policy No.:
Endorsement No.
Insured: Premium:

U.S. TREASURY DEPARTMENT'S OFFICE OF
FOREIGN ASSETS CONTROL ("OFAC")
No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of
your policy. You should read your policy and review your Declarations page for complete
information on the coverages you are provided.
This Policyholder Notice provides information concerning the possible impact on your insurance coverage
provided under your policy due to directives issued by OFAC. Please read this Policyholder Notice
carefully.
OFAC administers and enforces economic and trade sanctions based on US foreign policy and national
security goals based on Presidential declarations of "national emergency." OFAC has identified and listed
numerous: q
• Foreign agents
• Front organizations
• Terrorists
• Terrorist organizations
• Narcotics traffickers
as "Specially Designated Nationals and Blocked Persons." This list can be found on the United States
Treasury's web site — http://www.treas.gov/ofac.
In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or
entity claiming the benefits of this insurance has violated US sanctions law or is a Specially Designated
National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or
frozen contract and all provisions of this insurance will be immediately subject to OFAC. When an
insurance policy is considered to be such a blocked or frozen contract, neither payments nor premium
refunds may be made without authorization from OFAC. Other limitations on the premiums and payments
may also apply.

SEVERAL LIABILITY NOTICE
The subscribing insurers' obligations under contracts of insurance to which they
subscribe are several and not joint and are limited solely to the extent of their
individual subscriptions. The subscribing insurers are not responsible for the
subscription of any co -subscribing insurer who for any reason does not satisfy all or
part of its obligations.
LSW 1001 (Insurance) 08/94
SN\L, N4(\4/

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY.
MINIMUM EARNED PREMIUM ENDORSEMENT
This endorsement modifies insurance provided as follows;
It is understood and agreed that the premium designated in the declarations is the minimum premium that applies
to the policy period shown in the declarations and is 100% earned at inception. Regardless of when this Policy
terminates, there shall be no return premium or any amount due or payable to the Named Insured.
All other terms, conditions and exclusions remain unchanged.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise
stated.
(The information below is required only when this endorsement is issued subsequent to
preparation of the policy.)
Endorsement Effective: Policy No.:
Insured:
Endorsement No.
Premium:

NOTICE TO POLICYHOLDERS
MITIGATION BANK INSURANCE COVERAGE FORM
The US Army Corps of Engineers (Corps) has the authority to require financial assurances for
the establishment of mitigation banks, which are designed to offset unavoidable impacts to the
waters of the United States authorized through the issuance of Department of the Army
permits pursuant to section 404 of the Clean Water Act (33U.S.C. 1344) and/or sections 9 or
10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 401,403).
The Named Insured proposed a Mitigation Banking Instrument for Corps approval, as
described more specifically attached hereto Wetland Mitigation Bank Insurance Coverage
Form and affixed endorsements.
The "regulatory agency" has the sole obligation, responsibility and accountability for
determining compliance with "compensatory mitigation" requirements for the
aforementioned mitigation bank.
PNAP 041 1211 Page 1 of 1

MITIGATION BANK INSURANCE
CLAIMS MADE AND REPORTED
NOTICE: THIS IS A CLAIMS -MADE AND REPORTED POLICY. THIS POLICY HAS CERTAIN
PROVISIONS AND REQUIREMENTS THAT MAY BE DIFFERENT FROM OTHER POLICIES THE
NAMED INSURED MAY HAVE PURCHASED. FOR THERE TO BE COVERAGE UNDER THIS POLICY,
A CLAIM MUST FIRST BE MADE AGAINST THE NAMED INSURED BY THE REGULATORY AGENCY
AND REPORTED IN WRITING TO UNDERWRITERS DURING THE POLICY PERIOD. THIS POLICY
INCLUDES NO DUTY TO DEFEND OR TO PAY DEFENSE COSTS.
PLEASE READ THE ENTIRE POLICY CAREFULLY.
Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights,
duties, and what is and is not covered.
Words and phrases that appear in bold face have special meaning. Refer to DEFINITIONS Section VII.
The word "Underwriters" when used throughout this Policy refers to those certain Underwriters at Lloyd's,
London identified by endorsement as subscribing to this Policy.
In consideration of the payment of the premium by the Named Insured, in reliance upon the statements
and information in the Application and the attachments thereto, all of which are made a part of this Policy,
and subject to the Limits of Liability of this Policy as set forth in the Declarations, and the exclusions,
conditions, and other terms of this Policy, Underwriters agree with the Named Insured as follows:
I. INSURING AGREEMENT
In the event a Claim is first made in writing by the Regulatory Agency against the Named Insured during
the Policy Period and reported in writing to Underwriters during the Policy Period for or based on a
failure to meet Performance Standards under the Mitigation Banking Instrument at the Insured
Property, Underwriters agree to pay, up to the Limit of Liability set forth in the Declarations, Loss to a
Third Party for the costs of Adaptive Management to achieve Compensatory Mitigation for which the
Named Insured is legally responsible under the Mitigation Banking Instrument.
II. TERRITORY
This Policy only applies to Insured Properties located and to Claims made or brought in the United States
of America.
III. EXCLUSIONS
This Policy does not apply to Claims or to any Loss arising out of any Claims for, based upon, out of, or
relating either directly or indirectly to:
A. Force Majeure or Catastrophic event, as are defined in the Mitigation Banking Instrument.
B. Any property or location other than the Insured Property set forth in the Declarations.
C. Any liability of the Named Insured under or pursuant to any document, contract or agreement
other than (i) the Mitigation Banking Instrument in relation to a Claim, or (ii) any contract
entered into with a Third Party in the event of a Claim, to perform Adaptive Management

required by the Mitigation Banking Instrument to bring the Insured Property into compliance
with Performance Standards.
D. Any legal fees, attorneys' fees, costs, or expenses including expert or consultant fees incurred
in the defense of the Named Insured for any reason other than for liability under the Mitigation
Banking Instrument for a Claim declared by the Regulatory Agency in meeting
Performance Standards;
E. Fluctuation in, or the short fall or devaluation in whole or in part of the monetary value or
marketability of mitigation credits or other equivalent credits.
IV. LIMIT OF LIABILITY AND DEDUCTIBLE
A. Regardless of the number of Claims reported to Underwriters, the total liability of
Underwriters for all Claims shall be the Limit of Liability set forth in Item 3. of the Declarations.
B. The Limit of Liability set forth in Item 3. of the Declarations can be changed by written
endorsement to this Policy reducing the Limit of Liability if and when the Regulatory Agency
approves in writing a modification or reduction in the Limit of Liability. Underwriters shall have
the right to directly request, or require the Named Insured to request that the Regulatory
Agency approve a reduction of the Limit of Liability based on appropriate criteria as to the
status of the Insured Property.
C. Underwriters' financial obligation under this Policy is, at their sole discretion, to make payment
above the deductible specified in Item 4. of the Declarations and up to the applicable and
available Limit of Liability in effect at the time of the Claim for, or to secure through payment,
the costs of Adaptive Management in order to meet Performance Standards and achieve
Compensatory Mitigation after the making of a Claim by the Regulatory Agency, However,
the Named Insured's failure to satisfy the deductible does not release Underwriters from the
obligation to respond, investigate, adjust or settle any Claim, or to advance where necessary
all or any portion of the deductible on behalf of the Named Insured. Underwriters may at their
sole discretion and option, either:
1) Undertake, continue, or complete, by payment of any portion or all of the deductible amount
to a Third Party, Adaptive Management in order to meet Performance Standards so as
to achieve Compensatory Mitigation in the event of a Claim and upon notification of the
action taken, the Named Insured shall promptly reimburse Underwriters for such part of
the deductible amount as had been paid by Underwriters; or
2) upon receipt of notice of a Claim or at any time thereafter, call upon the Named Insured
to pay or deposit with Underwriters or their designated representatives all or any part of
the deductible amount, to be held and applied by Underwriters towards the costs of
Adaptive Management in order to meet Performance Standards so as to achieve
Compensatory Mitigation.
The deductible amount indicated is applicable to each Claim and a separate deductible will be
applied to each Claim.
V. NOTICE PROVISIONS
A. NOTICE OF CLAIM

The Named Insured shall provide written notice to Underwriters of a Claim as soon as practicable, but
no later than Sixty (60) days after the Named Insured receives or becomes aware of the Claim and such
notice shall contain the following:
1. Copies of any notices sent by the Regulatory Agency, or any other person or entity acting for
or on behalf of the Regulatory Agency;
2. a brief explanation of the events and circumstances that resulted in the Claim;
3. any other information the Named Insured deems relevant to the Claim.
For purposes of the notice of Claim set forth above, written notice of a Claim sent by the Regulatory
Agency to Underwriters with a copy to the Named Insured shall be deemed to be notice of Claim from the
Named Insured.
The Named Insured shall make all responsible personnel and all available information of the Named
Insured available to Underwriters upon reasonable request and shall cooperate with Underwriters and
their representatives in the investigation and verification of the Claim and the details thereof, provided that
the failure of the Named Insured to cooperate does not release Underwriters from any obligations under
this Policy to pay, up to the applicable limit of liability, for the costs of the Adaptive Management able to
be performed without the cooperation of the Named Insured.
1. All notices required by this Item V. Notice Provisions shall be provided in writing and sent to
Underwriters through their representative set forth in Item 7. of the Declarations.
2. Underwriters shall provide written notice to the Named Insured and to the Regulatory Agency
of all changes, amendments, endorsements to the Policy and as to any Claims at the
addresses set forth in Items 1. and 6. of the Declarations.
VI. CONDITIONS
A. ASSIGNMENT — This Policy is not assignable except with the prior written consent of
Underwriters, which consent shall be granted at Underwriters' sole discretion.
B. BANKRUPTCY — Bankruptcy or insolvency of the Named Insured, or its agents, contractors, or
subcontractors, shall not relieve Underwriters or the Named Insured of their respective obligations
under this Policy, including the obligation of Underwriters to pay Claims up to the Limit of Liability
set forth in Item 3. of the Declarations or as may be reduced by any endorsement to this Policy.
C. CANCELLATION, TERMINATION AND RELEASE
1. This Policy may be cancelled by the Named Insured by a written notice stating when thereafter
such cancellation shall be effective, provided, however, that no such cancellation by the Named
Insured shall be effective unless:
a. The Named Insured has provided the notice of cancellation to the Regulatory
Agency at least One Hundred and Twenty (120) days prior to the effective
date of cancellation,
b. The cancellation by the Named Insured is approved in writing by the
Regulatory Agency prior to the effective date of cancellation. Underwriters
shall notify the Regulatory Agency of a proposed cancellation and/or release
of the Policy within ten (10) days of receipt of such request from the Named
Insured, but in no event less than thirty (30) days prior to the effective date of
cancellation. Underwriters shall not be required to cancel the Policy unless

and until the Regulatory Agency shall provide written notice to Underwriters
that it has approved of the cancellation, whether as a result of acceptance of
a replacement financial assurance mechanism, a decision that such
mechanism is no longer required, a determination that this Policy is no longer
required by law within its authority, or any other reason. The Regulatory
Agency shall provide such notice to Underwriters as soon as practicable,
which notice shall include an effective date for the cancellation and/or release,
if different from the date set forth by the Named Insured in its notice of
cancellation.
c. On the effective date of the Regulatory Agency's" approved cancellation
and/or release of the Policy, Underwriters shall be released from any and all
liability or obligations under the Policy to the Named Insured, the Regulatory
Agency or to any other person or entity, including any existing or future liability
or obligations arising from Claims reported to Underwriters prior to the
effective date of cancellation, unless the approval by the Regulatory Agency
specifies any exception to such release of obligations.
2. This Policy can be cancelled by Underwriters in the event of failure to pay a premium when
due. In such instances the policy may be cancelled by Underwriters by the mailing of written
notice to the Named Insured at the address set forth in Item 1. of the Declarations not less
than Thirty (30) days prior to the effective date of cancellation, which cancellation date shall be
specified in the notice.
3. Coverage shall also terminate at the earlier of the following times whether or not the Regulatory
Agency has extended its written approval:
a. on the Policy Period expiration as shown in Item 2. of the Declarations; or such
expiration and non -renewal may only occur with 120-day prior notice to the
Regulatory Agency should underwriters, for any reason, choose not to renew
the policy.
b. on the date a written acknowledgement, certification or other equivalent
determination is issued by the Regulatory Agency indicating that that the
Named Insured has met the Success Criteria set forth in the Mitigation
Banking Instrument or has met the Contingency Plan, if the Regulatory
Agency has determined in writing that the criteria contained in such
Contingency Plan have replaced the Success Criteria contained in the
Mitigation Banking Instrument, in the Contingency Plan,
c. If the Policy is terminated pursuant to 3.a. or 3.b. above, Underwriters shall
be released from all liability or obligations under the Policy, except as to any
existing liability or obligations arising from Claims previously reported or
pending under the Policy unless the Regulatory Agency has expressly
approved in writing Underwriters' release from such previously reported
and/or pending Claims.
D. CHANGES — Notice to or knowledge possessed by any broker or by any other person or entity
shall not affect a waiver or change in any part of this Policy or stop Underwriters from asserting
any right under the terms of this Policy. The terms of this Policy shall not be waived or changed
except by endorsement signed and issued by Underwriters or their representative to form a part
of this Policy.
E. CLAIM ADJUSTMENT — Upon receipt of notice of a Claim, Underwriters will, as soon as
reasonably practicable, identify, undertake and where and when appropriate make payment to the

Third Party of the amounts, up to the applicable Limit of Liability, found to be necessary to perform
the Compensatory Mitigation. Underwriters will work with the Regulatory Agency in good faith
to obtain agreement concerning the Compensatory Mitigation to be undertaken and completed
including the obtaining of approval and retention of a Third Party to perform services as to such
Compensatory Mitigation.
The Named Insured shall not be released from any of its obligations to Underwriters under this
Policy by virtue of any such Compensatory Mitigation undertaken and/or completed or secured
through payment by Underwriters, including but not limited to the Named Insured's duties to pay
or reimburse any deductible amount.
F. CONFLICTS — In the event of a conflict between (i) any state or federal laws or regulations,
applicable to the Named Insured including the Mitigation Banking Instrument and (ii) the Named
Insured's rights under this Policy, the former shall prevail In no event shall Underwriters be liable
to the Named Insured for failure to perform an act precluded by any applicable laws or regulations
or the Mitigation Banking Instrument. Any changes in applicable state or federal law or
regulations made after the commencement of the Policy Period shall not change Underwriters'
obligations under this Policy unless and until agreed to by Underwriters and endorsed in writing on
this Policy.
G. DECLARATIONS — By acceptance of this Policy, the Named Insured agrees that the statements
in the Declarations and Application are its agreements and representations, that this Policy is
issued in reliance upon the truth of such representations and that this Policy embodies all
agreements existing between the Named Insured and Underwriters or any of their agents relating
to this Policy. The Named Insured expressly agrees that in entering into this Policy it has not relied
on any statement by any person, agent, or broker not directly employed by or authorized by
Underwriters to act on their behalf regarding the terms, provisions, coverage or interpretation of
this Policy. Misrepresentation by the Named Insured do not invalidate the Underwriters obligation
to the Regulatory Agency in the event of a Claim. Any misrepresentation may result in a dispute
between the Named Insured and Underwriters.
H. INDEPENDENT AGREEMENT — This Policy is a separate, independent agreement between
Underwriters and the Named Insured. Notwithstanding any other provision of this Policy,
Underwriters and the Named Insured hereby agree that no other contract or agreement shall be
used to interpret any provision of this Policy, nor shall this Policy be used to interpret any other
contract or agreement.
I. INSPECTION, REVIEW AND AUDIT — Underwriters shall be permitted but not obligated to
inspect, sample, audit, review, and monitor the Named Insured and the Insured Property upon
reasonable advance notice and at reasonable intervals, taking into consideration any site access
requirements.
J. MODIFICATION — This Policy cannot be modified, changed, or any provision waived except by a
written endorsement agreed to and issued by Underwriters and made a part of this Policy,
provided, however, that, except for any cancellation by Underwriters pursuant to Section VI.D. of
this Policy, the Regulatory Agency must be notified and approve of any such endorsed
modifications, changes, or waivers.
K. NO THIRD PARTY BENEFICIARY — No third party beneficiaries are created as a result of this
Policy, except to the extent that any specific rights are conferred on the Regulatory Agency by
the Policy. This Policy creates no rights by or on behalf of any other third parties. Should
Underwriters undertake to make payment for completion of any required Compensatory
Mitigation, any contracts or agreements between Underwriters and a party or parties undertaking
and completing such Compensatory Mitigation shall be a separate, independent agreement from
this Policy, and this Policy shall confer no specific or general rights or benefits to any party to such

contract or agreement. Underwriters have no obligation under this Policy to any third party, other
than the Regulatory Agency as may be specifically set forth in this Policy or as conferred under
applicable law or regulation at the inception date of this Policy. However, any changes in the
applicable law or regulations shall not be deemed to change or modify Underwriters' obligations
under the Policy, unless agreed to and endorsed in writing on this Policy.
L. OTHER INSURANCE — The insurance provided under this Policy is primary insurance, except
this insurance shall be excess over any surety bond or other financial assurance instrument
applicable to the Claim covered under this Policy.
When this Policy is excess over any surety bond, or other financial assurance instrument,
Underwriters shall be obligated to undertake and complete or otherwise secure through payment
Compensatory Mitigation of a value up to the amount that exceeds the total amount of that other
surety bond or other financial assurance instrument available to pay for the Claim in the absence
of this Policy.
When this Policy is deemed to be primary and the Named Insured has other insurance that is
applicable on an excess basis to any Claim, the amount of Underwriters' liability under this Policy
shall not be reduced by the existence of such excess insurance.
When both this insurance and other insurance apply to a Claim on the same basis, whether
primary, excess, or contingent, Underwriters shall not be liable under this Policy for a greater
proportion than that set out in the declarations or the following contribution provision, whichever
method is lower:
a. Contribution by Equal Shares — Under this approach, each insurer contributes
equal amounts measured by the actual value of (i) Compensatory Mitigation
undertaken or completed or otherwise secured through payment by
Underwriters or (ii) any funds paid by any other insurer, until each insurer,
including Underwriters, has paid its applicable limit of insurance; or
b. Contribution by Limits — Each insurer's share is based on the ratio of its
applicable limit of insurance to the total applicable limits of insurance of all
insurers.
M. PREMIUM — the Policy Premium stated in Item 5. of the Declarations is fully earned on the
inception date of this Policy, and any cancellation or termination of the Policy either by the Named
Insured or by Underwriters shall not result in the return of any portion of the Policy Premium.
N. SUBROGATION — In the event of any payment under this Policy, Underwriters shall be
subrogated to any right of recovery that the Named Insured may have against any person or entity
other than the Regulatory Agency. The Named Insured to the extent permitted by applicable law
shall execute and deliver instruments and papers and do whatever else is necessary to secure and
protect such rights. The Named Insured shall do nothing to prejudice such rights under this
paragraph and shall, to the extent requested by Underwriters, cooperate with respect to any
subrogation efforts. In the event that the Named Insured commits fraud, Underwriters and the
Named Insured agree that Underwriters may subrogate and/or bring suit against the Named
Insured that commits such fraud.
O. SERVICE OF SUIT - In the event of the failure of Underwriters to pay any amount claimed to be
due under this Policy, Underwriters, at the request of the Named Insured, will submit to the
jurisdiction of a Court of competent jurisdiction within the United States. This Condition does not
constitute and should not be understood to constitute an agreement by Underwriters that an action
is properly maintained in a specific forum, nor may it be construed as a waiver of Underwriters'
rights to commence an action in any Court of competent jurisdiction in the United States, to remove

an action to a United States District Court, or to seek a transfer of a case to another Court as
permitted by the laws of the United States or of any State in the United States.
Service of process in such suit may be made upon the Underwriters' representative designated
in Item _7_ of the Declarations and that in any suit instituted against any one of then upon this
Policy, Underwriters will abide by the final decision of such Court or of any Appellate Court in the
event of an appeal.
The Underwriters; representative, designated in Item_7_ of the Declarations is authorized and
directed to accept service of process on behalf of Underwriters in any such suit and/or upon the
request of the Named Insured to give a written undertaking to the Named Insured that they will
enter a general appearance upon Underwriters' behalf in the event such a suit shall be instituted.
Further, pursuant to any statute of any state, territory or district of the United States which makes
provision therefor, Underwriters hereon hereby designate the Superintendent, Commissioner or
Director of Insurance or other officer specified for that purpose in the statute, or his successor or
successors in office, as their true and lawful attorney upon whom may be served any lawful process
in any action, suit or proceeding instituted by or on behalf of the Named Insured or any beneficiary
hereunder arising out of this contract of insurance, and hereby designate the Underwriters'
representative designated in Item _7_ of the Declarations as the person to whom the said officer
is authorized to mail such process or a true copy thereof.
VII. DEFINITIONS
A. Mitigation Bank means the mitigation project referenced in the Mitigation Banking Instrument
and set forth in Item 1. of the Declarations.
B. Claim means a written notice given by the Regulatory Agency to the Named Insured, of the
default, failure and/or refusal of the Named Insured to meet Performance Standards and achieve
Compensatory Mitigation pursuant to the Mitigation Banking Instrument and the forfeiture,
cancellation, or revocation of all remaining unsold credits of the Named Insured.
C. Adaptive Management means as stated in 33 CFR 332.2, being the development of a
management strategy that anticipates likely challenges associated with compensatory mitigation
projects, including but not limited to unanticipated site conditions and unforeseen changes to those
projects, and provides for the implementation of actions to address those challenges, conditions
and changes.
D. Adaptive Management Plan means as stated in 33 CFR 332.4(c)(12), being the written plan that
specifies the remedial actions or Adaptive Management that must be taken to meet unforeseen
changes in site conditions or other components of the Compensatory Mitigation project and
achieve the Performance Standards set forth in the Mitigation Banking Instrument and/or
approved mitigation plans for the Mitigation Bank, provided that such plan is prepared,
documented, approved and filed in compliance with applicable law and regulation, including
approval by the Regulatory Agency.
E. Inception Date means the beginning of the Policy Period set forth in the Item 2. of the
Declarations.
F. Loss means those amounts required to be paid after a Claim is made on the Named Insured to a
Third Party to perform Adaptive Management pursuant to an Adaptive Management Plan in
order to meet Performance Standards and achieve Compensatory Mitigation pursuant to the
Mitigation Banking Instrument, including but not limited to the following

1. Construction, material, administrative and management costs incurred by Third Parties,
designated contractors, approved subcontractors, including but not limited to the preparation
of mitigation monitoring reports;
2. Deposits of sums of money , subject to the applicable and available limit of liability, sufficient
to cover costs described in this section VII(F) into an account with or controlled by a designee
of the Regulatory Agency;
3. The cost to purchase appropriate replacement mitigation credits at another mitigation bank or
In Lieu Fund;
4. The fees and costs of consultants, attorneys, accountants, and other professionals, but only
for or associated with the Adaptive Management Plan.
G. Named Insured means the person or entity set forth in Item 1. of the Declarations.
H. Policy Period means the period set forth in Item 2. of the Declarations, or any shorter period arising
as a result of cancellation or termination of this Policy.
I. Regulatory Agency means the lead agency or entity set forth in Item 6 of the Declarations.
J. Performance Standards means, for purposes of this Policy, the same as that term is defined in
33 CFR 332.2 and those specific performance criteria for restoration set forth in the Mitigation
Banking Instrument or the Adaptive Management Plan.
K. Mitigation Banking Instrument means, for purposes of this Policy, the same as that term is
defined in 33 CFR 332.2 and specifically the written instrument that is identified in Item _1_. of the
Declarations and made a part of this Policy by endorsement, which sets forth the establishment,
operation and use of a mitigation bank, but only if such Mitigation Banking Instrument is
prepared, approved, filed, and documented in compliance with applicable law.
L. Compensatory Mitigation means, for purpose of this Policy, the same as that term is defined in
33 CFR 332.2, being the restoration (reestablishment or rehabilitation), establishment (creation),
enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes
of offsetting unavoidable adverse impacts which remain after all appropriate and practicable
avoidance and minimization has been achieved.
M. Insured Property means the property or properties identified in Item _1_ of the Declarations to
this Policy as the only property or properties that are within the scope of coverage under this Policy.
N. Third Party means the party selected from a list of qualified vendors provided by Underwriters
and approved by and subject to the regulatory oversight of the applicable Regulatory Agency to
receive payment from Underwriters, within and up to the applicable Limit of Liability, to secure or
complete the Compensatory Mitigation agreed to within the Mitigation Banking Instrument.
O. Success Criteria means those elements set forth in the Mitigation Banking Instrument required
for fully achieving Compensatory Mitigation and completion of the mitigation project.

EGWL M005 0314 . Page 2 of 2

CLEARWATER MITIGATION
SOLUTIONS
LOWLANDS SITE (Year 4) — Johnston County, North Carolina
FINANCIAL ASSURANCE REQUIREMENT for Maintenance & Monitoring Insurance
ANNUAL MONITORING & MAINTENANCE COST
Prepared by: Kevin Yates, Principal
MONITORING
Annual Monitoring (lump sum)
- Groundwater Gauge Downloads / Maintenance
- Vegetation Plot Measurements (9 Plots)
- Data Processing and Analysis
- Report Preparation
Annual Direct Cost for Monitoring Activities
- Travel ($0.585/mi):
- Groundwater Gauge Maintenance:
- Miscellaneous (copies, monitoring post, flagging, field equipment):
Total Annual Monitoring Cost =
SITE/PROJECT MAINTENANCE
Annual Vegetation Maintenance (Invasive Species)
- Annual Budget
Rebuild/ Repair (due to Catastrophic Storm Event)
- Annual Budget (15% of Construction Cost adjusted for Inflation)
Clearwater Mitigation Solutions
- Annual Budget for Administrative Cost
Budget for Total Annual Maintenance Costs =
$6,932.00
$433.00
$1,500.00
$300.00
$9,165.00
$4,500.00
$26,910.00
$1,500.00
$32,910.00
Total Annual Monitoring & Maintenance Costs = $42,075.00
Clearwater Mitigation Solutions
604 Macon Place . Raleigh, NC 27609
919-624-6901
[e-mail]

Appendix F. Long Term Management
NC Wildlife Habitat Foundation Acceptance Letter
- Long -Term Management Calculations
Lowlands Wetland Mitigation Site — Mitigation Plan Appendices

August 26, 2022
Kevin Yates
Principal, Clearwater Mitigation Solutions
604 Macon Place
Raleigh, North Carolina 27609
Re: Lowlands Mitigation Site
This letter on behalf of the North Carolina Wildlife Habitat Foundation is in regards to the
Lowlands Mitigation Site, a 76.2-acre project in Johnston County. We have reviewed the provided project
documents for this site and believe that the completed project will provide real and lasting benefits to
wildlife habitat. Since the project aligns with the mission and interests of the NCWHF, our organization is
willing to serve in the following roles:
• Easement Holder for a perpetual conservation easement on this site. This offer is subject to final
review and acceptance of easement terms. The required endowment fee is $25,000.
• Long Term Steward of the conservation easement on this site. This offer is subject to final
review and acceptance of easement terms. The required endowment fee is $25,000.
The NCWHF appreciates the opportunity to serve in this way, which is consistent with both our
existing easement stewardship program and our broader mission. This proposal is with the understanding
that the current monitoring and reporting efforts of the NCWHF easement holding program meet the
standards required by USACE for serving as Easement Holder and Long -Term Steward. As always, the
endowment fees required for this site will be held and invested according to best practices for stewardship
funds. The funds will be used for ongoing monitoring of this specific site as well as any legal costs which
may arise from efforts to resolve specific violations of the easement terms.
The fees listed here are subject to a favorable review of the final conservation easement
document, boundaries, and details. There are a few other standard requirements as well. The Developer
will be responsible for installing standard NCWHF easement signage at the site. The Developer must also
keep NCWHF informed of progress on the project, both in construction and monitoring phases. At
closeout, Developer must provide handoff details to facilitate continued NCWHF monitoring of the
easement.
Sincerely,
Theodore C. Bethea II
NCWHF, Operations Director
C: Greg Erwin — NCWHF Chairman
Harrison Stewart — NCWHF Conservation Easement Committee Chair
North Carolina Wildlife Habitat Foundation
www. ncwhf. org

September 26, 2022 Lowlands Conservation Easement Financial Worksheet
Estimated Annual Expenses (2022 USD)
Boundary inspection
$200
Monitoring/Reporting
$50
Overhead
$100
Total
$350
Inputs
ROI
0.05
Inflation
0.03
Endowment Principal
$25,000
Year Endowment Value Plus Interest Annual Expense (AE) Endowment-AE
2022 $25,000 $26,250 $350 25,900
2023 $25,900 $27,195 $361 26,835
2024 $26,835 $28,176 $371 27,805
2025 $27,805 $29,195 $382 28,813
2026 $28,813 $30,253 $394 29,859
2027 $29,859 $31,352 $406 30,947
2028 $30,947 $32,494 $418 32,076
2029 $32,076 $33,680 $430 33,249
2030 $33,249 $34,912 $443 34,468
2031 $34,468 $36,192 $457 35,735
2032 $35,735 $37,522 $470 37,052
2033 $37,052 $38,904 $484 38,420
2034 $38,420 $40,341 $499 39,842
2035 $39,842 $41,834 $514 41,320
2036 $41,320 $43,386 $529 42,856
2037 $42,856 $44,999 $545 44,454
2038 $44,454 $46,677 $562 46,115
2039 $46,115 $48,421 $578 47,842
2040 $47,842 $50,234 $596 49,638
2041 $49,638 $52,120 $614 51,507
2042 $51,507 $54,082 $632 53,450
2043 $53,450 $56,122 $651 55,471
2044 $55,471 $58,245 $671 57,574
2045 $57,574 $60,453 $691 59,762
2046 $59,762 $62,750 $711 62,039
2047 $62,039 $65,141 $733 64,408
2048 $64,408 $67,628 $755 66,873
2049 $66,873 $70,217 $777 69,440
2050 $69,440 $72,912 $801 72,111
2051 $72,111 $75,716 $825 74,892
2052 $74,892 $78,636 $850 77,787
2053 $77,787 $81,676 $875 80,801
2054 $80,801 $84,841 $901 83,940
2055 $83,940 $88,137 $928 87,208
2056 $87,208 $91,569 $956 90,613
2057 $90,613 $95,143 $985 94,158
2058 $94,158 $98,866 $1,014 97,852
2059 $97,852 $102,745 $1,045 101,700
2060 $101,700 $106,785 $1,076 105,709
2061 $105,709 $110,994 $1,108 109,886
2062 $109,886 $115,380 $1,142 114,238
2063 $114,238 $119,950 $1,176 118,774

Appendix G. Original Lowlands PRM Mitigation Plan
- See online RIBITS
Lowlands Wetland Mitigation Site — Mitigation Plan Appendices