20061819 Ver 1_Mitigation Plans_20160216

NOT AN INSTRUMENT PROJECT
Mitigation Plan
Black Gum Creek Wetland Restoration Site
DMS Project Number 97063
Robeson County, North Carolina
Lumber River Basin
Cataloging Unit 03040203

Prepared for:

NC Department of Environmental Quality
Division of Mitigation Services
1652 Mail Service Center
Raleigh, NC 27699
Draft January 2016
Mitigation Plan

Black Gum Creek Wetland Restoration Site
DMS Project Number 97063
Robeson County, North Carolina
Lumber River Basin
Cataloging Unit 03040203

Prepared for:

NC Department of Environmental Quality
Division of Mitigation Services
1652 Mail Service Center
Raleigh, NC 27699

i

EXECUTIVE SUMMARY

The Black Gum Creek Project (project) is a wetland rehabilitation and preservation
project being constructed for the NC Division of Mitigation Services (DMS). The Project
site is a former agricultural field in the Lumber River Basin, 8 -digit HUC 03040203, in
northwest Robeson County. The project is located approximately 6 miles north of
Maxton, off Modest Rd.
The site has been cleared and ditched to facilitate agriculture. The site offers an
opportunity to rehabilitate remaining wetlands on -site and preserve existing forested
wetlands.
The Lumber River Basin Restoration Priorities state that the goals for the Black Gum
Creek 14-digit HUC are:
 Replacing buffer
 Repairing channelized streams
 Preservation of existing resources.
Additional goals for the project include:
 Restoring a hardwood flat vegetation community
 Expanding forested wetland complex
These project goals will be addressed through the following objectives
 Plant native tree/shrub species
 Preserve existing hardwood flat/pocosin wetlands
The project site will be monitored for five years for vegetative and hydrology success.
Black Gum Creek Site, Robeson County #97063
Mitigation Credits
Stream
Riparian
Wetland
Non-Riparian
Wetland
Type R RE R RE R RE
Acres - - - - 9.9 77.0
Ratio - - - - 1.5 10.0
Credits - - - - 6.6 7.7
Total Credits - - - - 6.6 7.7

ii

Table of Contents

1.0 Restoration Project Goals and Objectives ............................................................ 1
2.0 Site Selection ........................................................................................................... 1
2.1 Directions ............................................................................................................... 1
2.2 Site Selection ......................................................................................................... 2
2.3 Vicinity Map ............................................................................................................ 3
2.4 Watershed Map ...................................................................................................... 4
2.5 Soil Survey ............................................................................................................. 5
2.6 Current Condition Plan View .................................................................................. 6
2.7 Historical Condition Aerials .................................................................................... 7
2.8 Site Photographs.................................................................................................... 8
3.0 Site Protection Instrument ..................................................................................... 9
3.1 Site Protection Instrument Summary Information ................................................... 9
3.2 Site Protection Figure ........................................................................................... 10
4.0 Baseline Information ............................................................................................. 11
4.1 Watershed Summary Information......................................................................... 12
4.2 Wetland Summary Information ............................................................................. 12
4.3 Regulatory Considerations ................................................................................... 12
5.0 Determination of Credits ...................................................................................... 13
6.0 Mitigation Work Plan ............................................................................................. 14
6.1 Targeted Wetland Types and Communities ......................................................... 14
6.2 Design Parameters ............................................................................................... 14
6.3 Proposed Mitigation Plan View ............................................................................. 15
7.0 Maintenance Plan .................................................................................................. 16
8.0 Performance Standards ........................................................................................ 17
9.0 Monitoring Requirements ..................................................................................... 17
10.0 Long Term Management Plan ............................................................................ 18
11.0 Adaptive Management Plan ................................................................................ 18

iii

12.0 Financial Assurances ......................................................................................... 19
13.0 Other Information ................................................................................................ 19
13.1 Definitions .......................................................................................................... 19
13.2 References ......................................................................................................... 19
Appendix A - Site Protection Instrument
Appendix B - Baseline Information Data
USACE Wetland Forms
USACE Jurisdictional Determination
FHWA Categorical Exclusion Form
DWR Letter
Appendix C - Mitigation Work Plan Data and Analyses
Soils Report
Interagency Review Team (IRT) Memo
Hydrographs
Appendix D - Project Plan Sheet

iv

1

1.0 RESTORATION PROJECT GOALS AND OBJECTIVES
DMS develops River Basin Restoration Priorities to guide its restoration activities within
each of the 54 cataloging units. RBRPs delineate specific watersheds that exhibit both
need and opportunity for stream, wetland and riparian buffer restoration. These
watersheds are called Targeted Local Watersheds (TLWs) and receive priority for DMS
planning and restoration project funds.
The project site is located in Lumber River Basin in the 14-digit HUC 03040203020010,
Lumber River watershed. This watershed has been designated a Targeted Loca l
Watershed by DMS in the 2008 Lumber River Basin Restoration Priorities (RBRP). The
watershed is characterized by 50% forested and 41% agricultural area.
The Lumber River Basin Restoration Priorities state the goals for the Black Gum Creek
14-digit HUC are:
 Replacing buffer
 Repairing channelized streams
 Preservation of existing resources.
Additional goals for the project include:
 Restoring a hardwood flat vegetation community
 Expanding forested wetland complex
The project goals will be addressed through the following objectives
 Plant native tree/shrub species
 Preserve existing hardwood flat forested wetland

2.0 SITE SELECTION
2.1 Directions
 From Raleigh (79 19’ 49” W, 34 49’ 9” N)
 Take I-95 S to exit 41, NC-59
 Turn right onto NC-59 N
 After 0.7 mile turn left onto Shipman Rd
 After 1.0 mile turn right on US 301-S
 After 2.4 miles turn right onto NC-71 S
 After 6.6 miles turn right onto NC 20/W Main St.
 After 5.8 miles turn left onto N Old Wire Rd
 After 11.0 miles continue onto Modest Rd

2

 After 1.6 miles turn right onto Winston Rd
2.2 Site Selection
The site is part of the 03040203 USGS Catalog Unit located in the Lumber River Basin.
The Lumber River Basin straddles the border of North and South Carolina and is
populated with small municipalities with the exception of Lumberton. The populations
within the site are stable and land use is predominantly forests and agriculture.
The project site is surrounded by forested areas and agricultural parcels. The nearest
access is from Modest Rd near Maxton, NC. The site is located on an interstream divide
between the Lumber River and Black Gum Swamp. The site has been altered since the
mid-80s. Areas have been ditched and former wetlands were cleared. The existing site
conditions are shown in Section 2.6. The site has some areas exhibiting wetland
hydrology and soils but are lacking in hydrophytic vegetation, labeled Hydric Soils in
Section 2.6. The project site is characterized as being a non-riparian wetland area, see
letter from DWQ in Appendix B.
Historic aerials, found in Section 2.7, were examined for any information about changes
to hydrology and vegetation. The historical aerials were obtained from USGS Earth
Explorer for 1950, 1976, 1981 and 1987. The site was cleared and ditched between
1981 and 1987 and has been in agricultural production since it was cleared.
The majority of the site lies within the Atlantic Southern Loam Plains (Level IV 65l)
ecoregion of the Atlantic Coastal Plain physiographic region. A very small portion on the
western edge is categorized as Southeastern Floodplains and Low Terrace (Level IV
65p).
An in depth soil investigation was completed in February 2014 by a licensed soil
scientist, documenting the soils and hydrology on-site. A report can be found Appendix
C. The soils within the wetland reestablishment areas are mainly Plummer, Rains and
Rutlege. The soils in the preservation areas are Plummer and Rutlege .

3

2.3 Vicinity Map

4

2.4 Watershed Map

5

2.5 Soils Map

6

2.6 Existing Conditions

7

2.7 Historical Aerials

8

2.8 Site Photographs

Date 3/5/2014 Looking South

Date 3/5/2014 Looking East near successional area

9

3.0 SITE PROTECTION INSTRUMENT

3.1 Site Protection Instrument Summary Information
The land required for construction, management and stewardship of the mitigation project
includes the following parcels. The conservation easement document was finalized in February
2006.
Landowners County
Site
Protection
Instrument
Deed
Book
and
Page
Number
Acreage
Protected
Parcel A
C.R. &
Shirley
Creech
Robeson Conservation
Easement
DB 1518
PG 1-9 147.47

10

3.2 Site Protection Instrument

11

4.0 BASELINE INFORMATION
Project Information
Project Name Black Gum Creek
County Robeson
Project Area (acres) 147.47
Project Coordinates (lat. & long.) 7919'44" W 3449'12" N
Project Watershed Summary Information
Physiographic Province Coastal Plain
River Basin Lumber
USGS Hydrologic Unit 8-Digit 3040203
USGS
Hydrologic
Unit 14-Digit 03040203020010
DWR Sub-basin 03-07-51
Project Drainage Area (ac) N/A
Project Drainage Area %
Impervious <1%
CGIA Land Use Classification 50% Forested, 41% Agriculture
Existing Wetland Summary Information
Parameters 1 2 3
Size of Wetland (acres) 9.9 10 67
Wetland Type Non-riparian Non-riparian Non-riparian
Mapped Soil Series
Rains &
Plummer/
Osier
Plummer/Osier
& Rutledge Rutledge
Drainage Class
Poorly &
Very Poorly
Drained
Very Poorly
Drained
Very Poorly
Drained
Soil Hydric Status Hydric Hydric Hydric
Source of Hydrology Precipitation Precipitation Precipitation
Hydrologic Impairment None None None
Existing Vegetation Crops Successional Forested
Percent composition of exotic
invasive vegetation 0% 0% 0%
Regulatory Considerations
Regulation Applicable Resolved
Supporting
Documentation
Waters of the U.S. Section 404 Yes Yes
Jurisdictional
Determination
Waters of the U.S. Section 401 Yes Yes
Jurisdictional
Determination
Endangered Species Act N/A N/A N/A
Historic Preservation Act N/A N/A N/A

12

Coastal Zone Management Act
(CZMA)/ Coastal Area Management
Act (CAMA) N/A N/A N/A
FEMA Floodplain Compliance N/A N/A N/A
Essential Fisheries Habitat N/A N/A N/A

4.1 Watershed Summary Information
The site is part of the 03040203 USGS Cataloging Unit located with the Lumber River Basin
(Lumber River Watershed). The Lumber River Basin straddles the border of North and South
Carolina. The populations of the counties within the watershed are stable and land use is
predominately agricultural. The surrounding areas are not likely to be developed in the near
future.
The site is classified as non-riparian and is on an interstream divide between the Lumber River
to the west and Gum Swamp to the east. The surrounding areas are mainly agricultural fields
with very little impervious surface.
4.2 Wetland Summary Information
There are approximately 9.9 acres with wetland hydrology and hydric soils, but lack wetland
vegetation. This area is being used for agricultural purposes. There are two jurisdictional
wetlands, 10 acres of a successional wetland and forested hardwood flat. The vegetation
composition of the successional wetland is Liquidambar styraciflua, Acer rubrum, Rubus spp.,
Diospyros virginiana and Rhus spp. There is another forested hardwood flat/pocosin, 67.0
acres, located along the eastern and northern portions of the conservation easement. The
vegetation is comprised of Magnolia virginana, Acer rubrum, Liriodendron tulipifera, Pinus taeda
and Nyssa bilfora. All of the on-site wetlands have hydrology driven by rainwater and are not
subject to overland flooding.
4.3 Regulatory Considerations
A jurisdictional determination was approved by the US Army Corps of Engineers on January 6,
2016. Once the jurisdictional boundaries of the wetlands were determined and formalized
through the jurisdictional determination process, the potential of restoring functions of the
existing wetland areas using the definitions of “rehabilitation” and ‘reestablishment” provided in
40 CFR Part 230(Final Rule).
There a no permits required for this project because it is planting only, there are no land
disturbing activities.

13

5.0 DETERMINATION OF CREDITS
Black Gum Creek, Robeson County
DMS Project # 97063
Mitigation Credits
Stream Riparian Wetland Non-riparian
Wetland Buffer
Nitrogen
Nutrient
Offset
Phosphorous
Nutrient Offset
Type R RE R RE R RE
Linear
Feet/Acres 9.9 77
Total Credits - - - - 6.6 7.7

Project Components

Project Component
-or-
Reach ID
Stationing/
Location
Existing
Footage/Acreage
Approach
(PI, PII etc.)
Restoration -
or-
Restoration
Equivalent
Restoratio
n Footage
or
Acreage
Mitigation
Ratio
Wetland 1 - 9.9 - R 9.9 1.5
Wetland 2 - 10.0 - RE 10.0 10
Wetland 3 - 67.0 - RE 67.0 10

Component Summation

Restoration
Level
Stream
(linear feet)
Riparian Wetland
(acres)
Non-riparian
Wetland
(acres)
Buffer
(square feet)
Upland
(acres)
Riverine Non-
Riverine
Restoration - - - 9.9 - -
Enhancement - - - - -
Enhancement I -
Enhancement II -
Creation - - -
Preservation - - - 77.0 -
High Quality
Preservation - - - - -

R=Restoration, RE= Restoration Equivalent

14

6.0 MITIGATION PLAN WORK
6.1 Target Wetland Types and Plant Communities
The areas exhibiting wetland hydrology and soils will be planted with species from the
Hardwood Flat Forest Community (NCWAM, v. 4.1 2010) as well as other similar species found
in the adjacent forested wetland. The planting plan will consist of some of the following:
Acer rubrum
Fraxinus pennsylvanica
Platanus occidentalis
Nyssa biflora
Quercus michauxii
Quercus nigra
Quercus lyrata
Ulmus americana
An herbaceous seed mix will not be applied due to lack of ground disturbance. The site will be
planted to a density that will have a trajectory for success at the end of 5 years.
6.2 Design Parameters
The site will be planted with a selection of species from the planting list to ensure a trajectory
towards success at the end of 5 years of monitoring. The site will be maintained for invasive
species including Chinese privet (Ligustrum sinense) and other common invasive species to the
area to allow native species to flourish.

15

6.3 Proposed Mitigation Plan View

16

7.0 MAINTENANCE PLAN
NCDMS shall monitor the site on a regular basis and shall conduct a physical inspection of the
site a minimum of once per year throughout the post-construction monitoring period until
performance standards are met. These site inspections may identify site components and
features that require routine maintenance. Routine maintenance should be expected most often
in the first two years following site construction and may include the following:
Wetland
Routine wetland maintenance and repair activities may include
supplemental installations of target vegetation within the wetland.
Areas where stormwater and floodplain flows intercept the
wetland may also require maintenance to prevent scour.
Vegetation
Vegetation shall be maintained to ensure the health and vigor of
the targeted plant community. Routine vegetation maintenance
and repair activities may include supplemental planting, pruning,
mulching, and fertilizing. Exotic invasive plant species shall be
controlled by mechanical and/or chemical methods. Any
vegetation control requiring herbicide application will be
performed in accordance with NC Department of Agriculture
(NCDA) rules and regulations.
Site Boundary
Site boundaries shall be identified in the field to ensure clear
distinction between the mitigation site and adjacent properties.
Boundaries may be identified by fence, marker, bollard, post, tree-
blazing, or other means as allowed by site conditions and/or
conservation easement. Boundary markers disturbed, damaged,
or destroyed will be repaired and/or replaced on an as needed
basis.

Additionally, a powerline easement runs across the project site but, there is no credit accounted
for in the footprint.

17

8.0 PERFORMANCE STANDARDS
Vegetation
An average density of 260 stems/acre must be surviving after five years of monitoring. The post
construction As-built will outline monitoring features. Stem counts will be conducted in the
vegetation plots, which will be placed randomly after the site has been planted.
Hydrology
Wetland hydrology monitoring will be conducted to ensure the jurisdictional wetlands are
meeting 8% wetland hydrology. The site will present continuous saturated or inundated
hydrologic conditions for at least 8% of the growing season during normal weather conditions.
A “normal” year is based on NRCS climatological data for Robeson County, using the 30th to
70th percentile thresholds as the range of normal. The growing season for Robeson County,
using the 50% chance of higher than 28 F method, is from March 22th through November 5th,
228 days (WETS Table, Robeson County).
Hydrologic performance will be determined through evaluation of automatic recording gauge
data supplemented by documentation of wetland hydrology indicators as defined in the 1987
USACE Delineation Manual, daily data will be collected from automatic wells over the 5-year
monitoring period. These data will determine if the wetland meets the hydrology success
criteria of the water table being within 12 inches of the ground surface continuously for greater
than 8% of the growing season.
9.0 MONITORING REQUIREMENTS
Annual monitoring data will be reported using the DMS monitoring template. The monitoring
report shall provide a project data chronology that will facilitate an understanding of project
status and trends, population of DMS databases for analysis, research purposes, and assist in
decision making regarding project close-out.
Required Parameter Quantity Frequency Notes
Yes Groundwater
Hydrology
Quantity and location
of gauges will be
determined in
consultation with
DMS
annual
Groundwater monitoring gauges with
data recording devices will be installed
on site; the data will be downloaded on
a quarterly basis
Yes Vegetation
Quantity and location
of vegetation plots
will be determined in
consultation with
DMS
Monitoring
Years 1,
2,3,4,5
Vegetation will be monitored using the
Carolina Vegetation Survey (CVS)
protocols

Exotic and
nuisance
vegetation
Semi-
annual
Locations of exotic and nuisance
vegetation will be mapped
Project
boundary Semi-
annual
Mapping of fence damage, vegetation
damage, boundary encroachments

18

The first scheduled vegetation monitoring will be conducted during the first full growing season
following project completion. Monitoring will occur in years 1, 2, 3, 4 and 5. The survivability of
the vegetation plantings will be evaluated using a 100m2 vegetative sampling plots randomly
placed in the planted areas.
Groundwater elevations will be monitored to evaluate jurisdictional wetland hydrology.
Verification of wetland hydrology will be determined by automatic recording of well data
collected within the project area.
Permanent photographic reference points will be established to assist in characterizing each
site and to allow qualitative evaluation of site conditions. The location of each photo point will be
marked in the monitoring plan and the bearing/orientation of the photograph will be
documented.
Annual monitoring reports will be prepared and submitted after all monitoring tasks for each
year are completed. The report will document the monitored components and include all
collected data and photographs. Each report will provide the new monitoring data and compare
the most recent results against previous findings. The monitoring report format will be similar to
that set out in the most recent DMS monitoring protocol.
10.0 LONG TERM MANAGEMENT PLAN
Upon approval for close-out by the Interagency Review Team (IRT) the site will be transferred to
a third party for long term management as described in DMS’s In Lieu Fee Instrument. This
party shall be responsible for periodic inspection of the site to ensure that restrictions required in
the conservation easement or the deed restriction document (s) are upheld. Endowment funds
required to uphold easement and deed restrictions shall be negotiated prior to site transfer to
the responsible party.
11.0 ADAPTIVE MANAGEMENT PLAN
Upon completion of site construction DMS will implement the post-construction monitoring
protocols previously defined in this document. Project maintenance will be performed as
described previously in this document. If, during the course of annual monitoring it is
determined the site’s ability to achieve site performance standards are jeopardized, DMS will
notify the USACE of the need to develop a Plan of Corrective Action. The Plan of Corrective
Action may be prepared using in-house technical staff or may require engineering and
consulting services. Once the Corrective Action Plan is prepared and finalized DMS will:

1. Revise performance standards, maintenance requirements, and monitoring
requirements as necessary and/or required by the USACE.
2. Obtain other permits as necessary.
3. Implement the Corrective Action Plan.
4. Provide the USACE a Record Drawing of Corrective Actions. This document
shall depict the extent and nature of the work performed.

19

12.0 FINANCIAL ASSURANCES
Pursuant to Section IV H and Appendix III of the Division of Mitigation Services’ In-Lieu Fee
Instrument dated July 28, 2010, the North Carolina Department of Environment and Natural
Resources has provided the U.S. Army Corps of Engineers Wilmington District with a formal
commitment to fund projects to satisfy mitigation requirements assumed by DMS. This
commitment provides financial assurance for all mitigation projects implemented by the
program.
13.0 OTHER INFORMATION
13.1 Definitions
8-digit Catalog Unit (CU) - The USGS developed a hydrologic coding system to delineate the
country into uniquely identified watersheds that can be commonly referenced and mapped.
North Carolina has 54 of these watersheds.
14-digit Hydrologic Unit (UC) - In order to address watershed management issues at a smaller
scale, the U.S. Natural Resources Conservation Service (NRCS) developed a methodology to
delineate and uniquely identify watersheds at a scale smaller than the 8-digit catalog unit. A
hydrologic unit is a drainage area delineated to nest in a multilevel, hierarchical drainage
system. Its boundaries are defined by hydrographic and topographic criteria that delineate an
area of land upstream from specific point of a river, stream or similar surface waters. North
Carolina has 1,601 14-digit HUs.
RBRP - The River Basin Restoration Priorities are documents that delineate specific watersheds
(TLWs) within a river basin that exhibit both the need and opportunity for wetland, stream and
riparian buffer restoration.
TLW - Target Local Watersheds, are 14-digit hydrologic units which receive priority for DMS
planning and restoration project funds
13.2 References
40 CFR Part 230. 2008. Compensatory Mitigation for Losses of Aquatic Resources; Final Rule.
Office of the Federal Registry, Washington, DC. Pp.19594-19705.
Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual, Technical
Report Y-87-1. Vicksburg, MS: U.S. Army Engineer Waterways Experiment Station.
NCDENR, Division of Mitigation Services. 2008. Lumber River Basin Restoration Priority 2008.
Raleigh, NC. Last accessed 9/2014 at:
http://portal.ncdenr.org/c/document_library/get_file?uuid=717199f1-8604-4487-bd2b-
e076bd5a9612&groupId=60329
NC Wetland Functional Assessment Team. 2010. NC Wetland Assessment Method (NC WAM)
User Manual, version 4.1. Last accessed 9/2014 at:

20

http://portal.ncdenr.org/c/document_library/get_file?uuid=76f3c58b-dab8-4960-ba43-
45b7faf06f4c&groupId=38364
USDA, Natural Resources Conservation Service, Water and Climate Center. 2007. WETS Table
for Robeson County, North Carolina. Last accessed 9/2014 at: http://agacis.rcc-
acis.org/37155/wets

Appendix A
Site Protection Instrument

,r)(C 156 —14A _I 916> 57. 00
STATE OF NORTH CAROLINA
ROBESON COUNTY ft�C�Fes!;10
SPO File Number: 78-AAC
Prepared by: Office of the Attorney General
Property Control Section
Return to: Blane Rice, State Property Office
1321 Mail Service Center
Raleigh, NC 27699-1321
2006001805
ROBESON CO, NC FEE $3B.00
STATE OF NC REAL ESTATE EXTX
$885 00
PRESENTED RECORDED -
02 -14-2006 01:15:31 PX
VICKI L LOCKLEAR
RrarSTER Or DEEDS
BY: FRANKIE BRITT
ASSISTANT
B -D 1518
K
PG 1-9
THIS CONSERVATION EASEMIENT DEED, made this 7th day of February, 2006, by C. R.
Creech and wife, Shirley Creech, ("Grantors"), to the State, of North Carolina, ("Grantee"), whose
mailing address is State of North Carolina, Department of Administration, State Property Office, 1321
Mail Service Center, Raleigh, NC 27699-1321. The designations Grantors 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.
WITNESSETH:
WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-2148 et seq., the State of North
Carolina has established the Ecosystem Enhancement Program (formerly known as the Wetlands
Restoration Program) within the Department of Environment and Natural Resources for the purposes 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, The State of North Carolina is qualified to be the Grantee of a Conservation
Easement pursuant to N.C. Gen. Stat. § 121-35,- and
WHEREAS, the Ecosystem Enhancement Program in the Department of Environment and
Natural Resources has approved acceptance of this instrument; and
WHEREAS, the Department of Environment and Natural Resources, the North Carolina
Department of Transportation and the United States Army Corps of Engineers, Wilmington District
entered into a Memorandum of Agreement, (MOA) duly executed by all parties in Greensboro, NC on
July 22, 2003. This MOA recognizes that the Ecosystem Enhancement Program is to provide for
compensatory mitigation by effective protection of the land, water and natural resources of the State by
restoring, enhancing and preserving ecosystem functions, and

WHEREAS, the acceptance of this instrument for and on behalf of the State of North Carolina
was granted to the Department of Administration by resolution as approved by the Governor and Council
of State adopted at a meeting held in the City of Raleigh, North Carolina, on the Sth day of February
'1000; and
WHEREAS, Grantors own in fee siniple certain real property situated, lying, and being in Smiths
Township, Robeson County, North Carolina (the "Property"), and being more particularly described as
that certain parcel of land containing approximately 300 acres and being conveyed to the Grantors by
deed as recorded in Deed Book 948 at Page 0130 of the Robeson County Registry, North Carolina; and
WHEREAS, Grantors are willing to grant a Conservation Easement over the herein described
therebp resArictinq and limitinig the use of the included areas of the Prolgl;Lp to the
terms and conditions and purposes hereinafter set forth, and Grantee is willing to accept such
Conservation Easement. This Conservation Easement shall be for the protection and benefit of the waters
of the Lumber River watershed.
NOW, THEREFORE, in consideration of the mutual covenants', terms, conditions, and
restrictions hereinafter set forth, Grantors unconditionally and irrevocably hereby grant and convey unto
Grantee, its successors and assigns, forever and in perpetuity, a Conservation Easement of the nature and
W, 17,*r ji kiiiijigiej j rt bed area of the Provertv i referred to hereafter
it fo h. iver a descri
7 TME77F 17 -MV -1-C
asTne - Zasextent 7AFTU , 777ME717"ren, T wpyc r MM
as identified as 147.47 ac. +/- as shown on a plat survey entitled "Conservation Easement Survey for the
State of North Carolina Ecosystem Enhancement Program — Black Gum Project" revised November 4,
2005, certified, by Phillip B. Culbreth, P.L,S. The 147.47 acre tract is more particularly described as
follows. -
The purposes of this Conservation Easement are to maintain, restore, enhance, create and
preserve wetland and/or riparian'r 'esources, in the Easement Area that contribute to the protection and
improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and
recreational opportunities; to maintain permanently the Easement Area in its natural condition, consistent
with these purposes; and to prevent any use of the Easement Area that will significantly impair or
g", ith these nurnoses. To achieve these purposes, the following conditions and restrictions are set
This Conservation Easement shall be perpetual. It is an easement in gross, runs with the land,
is enforceable by Grantee against Grantors, their personal representatives, heirs, successors, and assi
lessees, agents, and licensees. i
The Easement Area shall be restricted from any development or usage that would impair or
interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use
'tra ictiviujp in-, or use of. the Easement Area. b,,v the Grantors is rcrohibited as inconsistent with the
purposes of this Conservation Easement. Any rights not expressly reserved hereunder by the Grantors
have been acquired by the Grantee. The following specific uses are prohibited, restricted, or reserved as
indicated:
Page 2

B. Educational Uses. The Grantors reserve the right to engage in and permit others to
en, Ne in educational uses in the Easement Area not inconsistent with this Conservation Easement, and
the right of access to the Easement Area for such purposes including organized educational activities such
as site visits and observations. Educational uses of the property shall not alter vegetation, hydrology or
topography of the site.
C. Vegetative Cutting. Except as related to the removal of non-native plants, diseased or
damaged trees, and vegetation that obstructs, destabilizes or renders unsafe the Easement Area to persons
Easement Area is prohibited.
E. Agricultural Use. All agricultural uses within the Easement Area including any use for
cropland, waste lagoonsor pasturcland are prohibited.
F. New Construction. There shall be no building, facility, mobile home, antenna., utility
pole, tower, or other structure constructed or placed in the Easement Area.
G. Roads and Trails. There shall be no construction of roads, trails, walkways, or paving in
the Easement Area. Existing roads or trails located in the Easement Area may be maintained by Grantors
in order to minimize runoff, sedimentation and for access to the interior of the Projwrl�i foLmaWement,
maintenance, stewardship purposes, or undeveloped recreational and educational uses of the Easement
Area. Existing roads, trails or paths may be maintained with loose gravel or permanent vegetation to
stabilize or cover the surfaces.
H. Signs. No signs shall be permitted in the Easement Area except interpretive signs
describing restoration activities and the conservation values of the Easement Area, signs identifying the
owner of the Property and the holder of the Conservation Easement, signs giving directions, or signs
prescribing rules and regulations for the use of the Easement Area may be allowed.
1 1. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, wasm
abandoned vehicles, appliances or machinery. or other material in the Easement Area is prohit I
J. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling,
excavation, dredging, mining, or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals, or
other materials.
K. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or diverting. causing, allowing or permitting the
diversion of surface or underground water. No altering or tampering with water control structures or
devices, or disruption or alteration of the restored, enhanced, or created drainage patterns, All removal of
wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides
is prohibited. In the event of an emergency intemiption or shortage of all other water sources, water from
within the Easement Area may temporarily be used for good cause shown as needed for the survival of
livestock and agricultural production.

L. Subdivision and Conveyance. No further subdivision, partitioning, or dividing of the
Easement Area is allowed. Unless agreed to by the Grantee in writing, any future conveyance of the
Easement Area and the rights as conveyed herein shall be as a single block of property. Any future
conveyance of the remaining fee simple rights shall be subject to this Conservation Easement. Grantors
agree for itself, its successors mid assigns, that in the event it transfers the Property, or any portion
thereof, such transfer is subject to the Grantee's right of ingress, egress, and regress over and across the
Property to the Easement Area for the purposes set forth herein.
M. Development Rights. All development rights are removed from the Easement Area and
shall not be transferred.
the natural leatures ol tnetasement Area or any Intentional 111trociuQuoll vi 1101ulduvc plunts, Uccs allwfl)l
animal species by Grantors is prohibited.
The Grantors may request permission to vary from the above restrictions for good cause sbo-wn,
provided that any such request is consistent with the purposes of this Conservation Easement. The
Grantors shall not vary frorn the above restrictions without first obtaining written approval from the N.0
Ecosystem Enhancement Program, whose mailing address is 1652 Mail Services Center, Raleigh, NC
27699-1652.
A. Ingress, Egress, Regress and Inspection. The Grantee, its employees and a=
le
successors and assigns, receive the perpetual right of general ingress, egress, and regress to, th Eas
Area over the Property at reasonable times to undertake any actives to restore, manage, maintai
enhance, and monitor the wetland and riparian resources of the Easement Area, in accordance wi
restoration activities or a long-term management plan. Unless otherwise specifically set forth in th
Conservation Easement, the rights granted herein do not include or establish for the public any acce
rights.
B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous
vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the
soil, modification of the hydrology of the site, and installation of natural and marimade materials as
needed to direct trewn, above ground, and subterraneous water flow.
A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee
allowed to prevent any activity within the Easement Area that is inconsistent with the purposes of th
0
Gr
ses
an
ot
fee
th
Wanfo&rs, meir successors or assign mes"o Wt Wit Wu i ine Z Yra Lee, tne kiran M.,
G t
as provided below, notify the Grantors, their successors or 0) assigns in writing of such breach, The Grantol
r c
shall have ninety (9days afler receipt of such notice to correct the conditions constituting such breac'
by appropriate legal proceedings including damages, injunctive and other relief. The Grantee shall al
have the power and authority, consistent with its statutory authority-. (a) to prevent any impairment of t
Easement Area by acts which may beunlawful or in violation of this Conservation Easement. (b)
I (b)
otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropri
n or evibu. No'tvithstmidin&LUgtor� I
'lie fo going. the Grantee reserves the immediate rip-bt, without notic -

to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of
this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be
derived from this Conservation Easement. The Grantors 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.
B. Inspection. The Grantee, its employees and agents, successors and assigns, have the
right, with reasonable notice, to enter the Easement Area over the Property at reasonable times for the
-pof rf-n "W"?w"MR) 't with
the terms, conditions and restrictions of this Conservation Easement.
C. Acts Beyond Grantors' Control. Nothing contained in this Conservation Easement shall
be construed to entitle Grantee to bring any action against Grantors, their successors or assigns, for any
itiEF"Ve , r,:�*sultin.. . from causes be-)iond the Grantors'
control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action
taken in good faith by the Grantors under emergency conditions to prevent, abate, or mitigate significant
injury to life, damage to property or harm to the Property resulting from such causes.
D. Costs of Enforcement. Beyond regular and typical monitoring, any costs incurred by
Grantee in enforcing the terms of this Conservation Easement against Grantors, their successors or
• including, without limitation, any costs of restoration necessitated by Grantors' acts or omissions
in violation of the terms of this Conservation Easement, shall be borne by Grantors.
E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and
any forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any breach
of any term set forth herein shall not be • to be a waiver by Grantee.
�Mil R16i X M WMI "I
A. 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 remainder of the
provisions of the Conservation Easement, and the application of such • to persons or
circumstances other than those as to which it is found to be invalid, shall not be affected thereby.
B. Any notices shall be sent by registered or certified mail, return receipt requested to the
parties at their addresses shown above or to other address(es) as either party establishes in writing upon
notification to the other.
C. Grantors 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. Grantors
further agree to make any subsequent lease, deed, or other legal instrument by which any interest in the
Property is conveyed sub3ect to the Conservation Easement herein created.
D. The Grantors 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.

E. 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 purposes of the
Conservation Easement.
F. 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 under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee
J*e
e iij," -w-h 1211 he-, S fe
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Grantors reserve all remaining rights accruing from ownership of the Property, including the right
to engage in or permit or invite others to engage in only those uses of the Easement Area that are
herci�. and are not inconsistent with the nuM-Qses of
this Conservation Easement. Without limiting the generality of the foregoing, the Grantors expressly
reserve to the Grantors, and the Grantors' invitees and licensees, the right of access to the Easement Area,
and the right of quiet enjoyment of the Easement Area.
TO HAVE AND TO HOLD the said rights and easements perpetually unto the State of Nori
Carolina for the aforesaid purposes.
AND Grantors covenant that Grantors are seized of said premises in fee and have the right
convey the permanent Conservation Easement herein granted; that the same are free from encumbranc
and that Grantors will warrant and defend title to the same against the claims of all persons whomsoeverl
IN TESTIMONY WHEREOF, the Grantors have hereunto set their'llands and seals, the day
and year first above written.
(SEAL)
C.'K. Ueecli
(SEAL)
ShiAeyCreeyn'17----
Page 6

2��
Lying and being in Smiths Township, Robeson County, North Carolina, on the south side of but
not adjacent to
• Road No. 13 10, on the west side of but not adjacent to Secondary
Road No. 1313, Bounded on the north and south by other lands of C.R. Creech, • the east by
C.R. Creech, Darryl Locklear, and Rose L. McNeil, on the west by lands now or formerly owned
by William Steed, David Tolar, Kathy McKay and more particularly described as follows to wit:
11 111111111 MINE I III
Said property contains 147.47 acres, more or less.

61MMM
The non-exclusive right to use an easement for ingress, egress and regress from State Road 1313
to the First Tract described above which easement is more particularly described in a deed from
Purvis Land & Timber, LLC to C.R. Creech and wife, Shirley Creech dated April 10, 1997 and
WNW nt
being further described in a deed of easement from Addie Mae Locklear, widow, et al to Purvis
Land & Timber, LLC dated April 3, 1996 and recorded in Book 901 at Page 0574, Robeson
County Registry. This easement is designated as Easement A on a map prepared by Phillip B.
Culbreth, P. L. S., dated October, 2005 as revised on November 4, 2005, December 11, 2005,
December 21, 2005, January 6, 2006 and January 12, 2006. Said map being recorded in the
Robeson County Registry in Book of Maps 42 at Page 42. Nothing herein shall preclude the
Grantors. their heirs and assigns, from using this easement for ingress, egress and regress.
The non-exclusive right to use an easement for ingress, egress and regress 50 feet in width which
commences at the western end of the Second Tract above and runs 50 feet from and parallel to
the following call: North 68 degrees 53 minutes 46 seconds West 435.26 feet to an iron rod
marking a comer of the First Tract described above. This easement is shown as Easement B on a
map prepared by Phillip B. Culbreth, P. LS., dated October, 2005 as revised on November 4,
2005, December 11, 2005, December 2 1, 21005, January 6, 2006 and January 12, 2006. Said map
being recorded in the Robeson County Registry in Book of Maps 42 at Page 42. Nothing herein
shall preclude the Grantors, their heirs and assigns. from using this easement for ingress, egress
and regress.
egress and regress, which easement is shown as "proposed 45' easemenf 'on a map prepared by
f B. Culbreth, P. L. S., dated October, 2005 as revised on November 4, 2005, December 11.
2005, December 21, 2005, January 6, 2006 and January 12, 2006. Said map being recorded in
the Robeson County Registry in Book of Maps 42 at Page 42.

1310
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60, PU8`Ic RIC
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CENTER LINE
TRAVERSE TABLE
PROPOSED 45' EASEMENT
Ll
N 68'2/ 35 W
L9
N 88125'15'W
206.86 '
480.62'
L2
S 79W20V
L /O
S 22°1655'W
354.76'
ENHANCEMENT PROGRAM- BLACK GUM
18/.77'
L3
S 7/'bl3'/3'W
L / /
S 32*1 1'501W
67.46'
623.53'
L4
S 56'/053 W
L/2
S 25o46'I4'W
SMI THS TOWNSHIP
92. 15,
NOR TH CAROLINA
43085'
L5
S 63150351W
/2&59'
�
L6
N 78"2904'W
114
S O2'bi644 W
/5&29'
0 p g � o
34228'
L7
N 5OW 46'W
L15
S 76'W9 44 W
REVISED 04 NOV. 2005
REVISED // DEC. 2005
/7&02'
TEL.
N. C.
529.0".6'
L8
N OffVf 37 W
L16
S 10*1023 E
�o, ?,3 -� o\
1&'6.40'
REG. NO. 9 179
1052.44'
ROKEN LINES NOT SURVEYED.
L17
S 79'32'52E
e.'
583.68'
2006001362
o� ROBESON CO, NC FEE $21.00
PRESENTED E RECORDED:
02-03-2006 08:18:49 AM
VICKI L LOCKLEAR
REGISTER or DEEDS
BY: FRANKIE BRITT
ASSISTANT
= BK:M 42
— PG:42-42
\ •' .
a \ tib =
& $� \ �` a
Book 42 Pa
I, PHILIP B. CItBRETH, CER77FY THAT THIS PLAT WAS DRAWN UNDER MY
SUPERVISION FROM AN AN ACTUAL SURVEY MADE UNDER MY SUPERVISION,'
THAT THE BOUNDARIES NOT SURVEYED ARE CL EARL Y INDICATED AS DRAWN
FROM INFORMATION FOUND /N DEED BOOK 948 PG. 130
DEED BOOK 1028 PG. 728, DEED BOOK 1113 PG. 597 , THAT THE RATIO OF
PRECISION AS CALCULATED IS 1;10,000+ THAT THIS PLAT WAS PREPARED /N
ACCORDANCE TO G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE,
REGISTRATION NUMBER AND SEAL,,. THIS 4th DAY OF NOVEMBER__,
AD., 2OQ5 _
CAR
PHILLIP B. CULBRETH, P.L.S. QQ�A T
427 PINELOG ROAD Z 9
LUMBERTON, N. C. 28360
TEL. [phone] Lomak
N.C. REG. NO. L-2662 'O
S. C. REG. NO. 9179 S
e.
G: THAT 7W SURVEY CREATES A SUBDIVISION OF LAND WITHIN THE AREA OF A COUNTY
OR AKIN IC/PAL/TY THA T HAS AN ARD/SANG£ THA T REGULA TES PARCELS OF LAND:
B: THAT THE SURVEY IS LOCATED IN SUCH PORTON OF A COUNTY OR
MINIC/PALITY 7HA T /S UNREGULATED AS TO AN ORDINANCE THAT REGULATES PARCELS OF LAND:
C: TNA T THE SURVEY IS OF AN EX/STING PARCEL OR PARCELS OF LAND AND DOES NOT CREATE A
NEW STREET OR CHANGE AN EXIST/NG STREET, THAT THE SURVEY 1S OF AN EXISTING BUILD/NG OR STRUCTURE.
O7 NATURAL FEATURE SUCH AS A WATER COURSE OR THAT 770E SURVEY IS A CONTROL SURVEY.
D: 7HAT THE SURVEY OF OF AN07HER CATEGORY SUCH AS THE
RECOMBINATION OF EXISTING PARCELS, A COURT ORDERED SURVEY, OR
07HER EXCEPTION TO THE DEFINITION OF SUBDIVISION
E: THAT 77E INFORM01TION AVAIL IBLE TO 7HE SURVEYOR IS SUCH THAT THE SURVEYOR
IS UNABLE TO M4KE A DETERMINATION TO THE BEST OF TAE
SURVEYOR'S PROFESS/ANAL AB/L ITY AS TO PROVISIONS CONTAINED IN ITEALS A THROUGH D ABOVE.
ARTICLE V, SECTION 501, PARAGRAPH ,
ROBESON COUNTY SUBDIVISION ORDINANCE
C.R. CREECH
REVIEW
OF OBE ONS �OUNTY,.�CERT FY OFF ICER
THE MAP OR PLAT ON WHICH
THIS CERTIFICATION IS AFFIXED MEETS
ALL STATUTORY REQUIREMENTS FOR RECORDING.
4�VIEEWWOFPIC-gE�'4Z zcc(-,,
RE&W AT ALL CORAIERS EXCEPT AS N07ED
COWROC
AW CORAER
DEED BOOK 768 P& /30
'9. S 'ogOp IRON PFF FOUM TI
,01� TRACT)
B 2 ,rj -4cTJ
sfs N S 90043'00
NOT TO SCALE �� 4-o \ \
.L I Ph`O 2 3 Q ~cn I 50' PRIVATE EASEMENT �FO4
s�
COAL AM
�v tt L9 v I
I
I= m o ------------------------
FA
----------------------- © ,easement �, I
I W 1 sed 45 I
I prOPO L2 li 1
14747 AC '
ti �• �> 5 �-�""© S 89°2s 29'W 475.03' I
sr LB 2' :�!'•MI I
me 36
I
361.
e5 N //6/.89 / ,W
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12a�.E `' 6 J
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16 05432
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p•�sed 45 easement
X15
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V
C.R. CREECH PROPERTY
11561019�/ cAa0 ��
s�4
LEGAL DESCRIPTION
Lying and being in Smiths Township, Robeson County, North
Carolina, on the south side of but not adjacent to Secondary Road
4 I No. /3/O, on the west side of but not adjacent to Secondary Road
- No. /313, Bounded on the north and south by other lands of C.R.
- Creech, on the east by C.R. Creech, Darryl Locklear, and Rose L
' McNeil, on the west by lands now or formerly owned by William
_ Steed, David Tolar, Kathy McKay and more particularly described as
'
follows to wit;
Proposed 45' <,._
EAR
n LoC
PARR BOOK 797 PG, 29
DE
Rose�1cNE
DEED B60mr T68 PG 2G�
!C
i
i
i
i
79, i
i
A3 '
i
i
M '
s CN GREE , .
1 c R• G G.R•
i
1 � �
IN �
1 � �
1
L '
COL MOIL FD.
Beginning at an Iron stake in the western line of the
origlna/ tract of which this is a part, said point of beginning
being North 1I degrees 46 min. 55 sec. West 4016.92 feet from the
southwest corner of the original tract of which this is a part,
and running thence as a litre of Thomas Stanton to and with the
line of the land now or formerly owned by William Steed
THEAICE North I l degrees 46 minutes 55 seconds West for a
distance of 297SL30 feet to a concrete monument a corner of said
Steed land,
7HENCE North 00 degrees 32 minutes 3/ seconds West for a
distance of I / 15:03 feet to a concrete monument an original corner,
THENCE North 76 degrees 54 minutes 32 seconds East for a
distance of /2a80 feet to a rebar set, a new corner
7HENCE North 0/ degrees /6 minutes 50 seconds East for a
distance of 945.47 feet to a rebor set
THENCE North 17 degrees 56 minutes 11 seconds East for a
distance of 902 feet to a REBAR SET,
]HENCE North 36 degrees 47 minutes 26 seconds East for a
distance of 446.05 feet to a REBAR SET,
71EACE North 30 degrees 23 minutes 27 seconds East for a
distance of 469.75 feet to a REBAR SET,
THENCE South 66 degrees 37 minutes 45 seconds East for a
distance of /653.04 feet to a REBAR SET,
THENCE North 22 degrees 04 minutes 00 seconds East for a
distance of 294.54 feet to a REBAR SET,
THENCE South 80 degrees 53 minutes 59 seconds East for a
distance of 384.85 feet to a REBAR SE7:
THENCE South 71 degrees 58 minutes 50 seconds East for a
distance of 194.20 fleet to a REBAR SET,
THENCE South /6 degrees 27 minutes 51 seconds East for a
distance of 72x65 feet to a rebor set
7HENCE South 89 degrees 26 minutes 29 seconds West for a
distance of 475.03 feet to a REBAR SET,
THENCE South 66 degrees 20 minutes 36 seconds West for a
distance of 357.83 feet to a rebar set,'
THENCE North 77 degrees /8 minutes 36 seconds West for a
distance of /7038 feet to a rebar set,
7HEMCE North 49 degrees 36 minutes 02 seconds West for a
distance of /89.49 feet to a rebar set
THENCE North /3 degrees /5 minutes 21 seconds West for a
distance of 16/.89 feet to a rebar set;
THENCE South 36 degrees /2 minutes 56 seconds West for a
distance of /724.20 feet to a rebar in the line of Darryl Locklear
(Deed Book 797,page 29),
7HENCE South 76 degrees 5/ minutes /6 seconds West for a
distance of 530.36 feet to an eon state a corner of said Locklear
land,
THENCE South /O degrees /0 minutes 23 seconds East for a
distance of /056.00 feet to a one inch pipe a corner of Rose L.
McNeil,
THEMCE South 79 degrees 32 minu)W 52 seconds East for a
distance of 557.19 feet to a rebar set;
THENCE South /2 degrees 53 minutes 08 seconds East for a
distance of 1757.44 feet to a rebar set
THENCE South 64 degrees 32 minutes 43 seconds West for a
distance of 99&79 feet to the point or place of beginning
Together with and subject to covenants, easements, and
resfrtctions of record.
Said property contains 147.47 acres more or less.
Second Tract
An easement for htgress, egress and regress Atm Stale Road /3/3 to the Fust Tract described
abort whkh ease neat Is snore partf=Wy described In a deed Atm Purvis Land 8 7inber, LLC
to CA Creech and wile, Shh/ey Creech dated April /O, /997 and recorded M the Robeson
County Registry in Boat of Deeds 948 at Pape 0/30, and sad easement beAty Arlbw descrAWd
in a deed of easement tram Adde, Ake LoOloar, w0dow, of of to Puma's Land 8 TAtnbe, LLC
doAed Apn7 3, /996 and recorded In Boat SO/ of Pape 0574, Robeson County Repsfry.
TNs eosrwnent & des4wfed as Easement A on a map prepared by PhdW A Cubrefh, P. L. &,
doted OcmMer, 2005 as revised on Aarrcobw 4, 2005 Decw*er I 2009 and Decanter 2/. 200%
Sob' map bebq recorded In the Robeson Comfy Regtshy In Book of Maps — of Page,
71nhd Tract
An easement for Ingress, egress and regress 50 feet In widM which commences at the western
end of the Second Tract above and runs 50 feet Atm and para*/ to the
Me fo&wAtp cad of Abrth 68 degrees 53 mknules 46 seconds Wast 435.26 feet to an hon
rod tmanttknp a corner of the Fast Tract descrOod atom 7Ns easement /s shown as
Easement B on a map prepared by Philp A Cubref/b P. L. S, dated October, 2005 as
ra *ed on Abwmbw 4, 2005 Decanter I h 2005 and December 21, 20105 Sold nmp being
receded In the Robeson County Ragisfry In Book of Akps _ at Pope
The Granas roserrr for themse"s, thea successors, hetes and assigns an easement for
ingress, egress and regress, wh/c/n easwawnf Is shown as proposed 45 easement on a RMP
prepared by PW LL Cubreth, P. L. &, dated October, 2005 as re0sed on
Novaniber 4, 2005, December I/, 200 and December 2/, 20M Said map beM rocorded in the
Robeson County Registry in Book of Maps ____ at Pape
%I
CONSERVA TION EASEMENT SURVEY FOR THE STA TE
OF NORTH CAROLINA
SURVEY FOR ECOSYSTEM
ENHANCEMENT PROGRAM- BLACK GUM
CREEK PROJECT
LgNo
,�
CARS
o,PL
SGSQ�`�
.-
SMI THS TOWNSHIP
ROBESON COUNTY
NOR TH CAROLINA
�
PH ILL
IP B. CULBRETH, P.L.S.
2
-
OC T. 2005
0 p g � o
427
LUMBERTON,
PINELOG ROAD
N. C. 28360
'
'300
ALL DISTANCES HORIZONTAL
REVISED 04 NOV. 2005
REVISED // DEC. 2005
°' x'
TEL.
N. C.
910-738-7015
REG. No. L-2662
'o
Si
300 O 300
600
' 000+
REVISED 21 DEC. 2005
�o, ?,3 -� o\
S. C.
REG. NO. 9 179
ROKEN LINES NOT SURVEYED.
REVISED 06 JAN. 2006
REVISED 12 JAN. 2006
e.'
GRAPHIC SCALE — FEET

Appendix B
Baseline Information

5
4
32
1
µ
USACE Jurisdictional Determination Form Locations
0 900 1,800450 Feet
Legend
JD Forms
Black Gum Creek Easement
WETLAND DETERMINATION DATA FORM—Atlantic and Gulf Coastal Plain Region
Project/Site: Black Gum Creek City/County: Robeson Sampling Date: 2-28-14
Applicant/Owner: Creech/EEP State: NC Sampling Point: 1
Investigator(s): Steve Stokes/Tommy Seelinger Section, Township, Range:
Landform (hillslope, terrace, etc.): Depression Local relief (concave, convex, none): Concave Slope (%): 0-1
Subregion (LRR or MLRA): LRR T Let: 34 48' 45N Long: 79 19'46W Datum:
Soil Map Unit Name: Rutlege NWI classification: PSSI
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances' present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
Logged between 7/2006 and 10/2008
HYDROLOGY
Wetland Hydrology Indicators:
Indicators (minimum of two required)
d:
Primary Indicators (minimum of one is requirecheck all that apply)
ISI'ee'lIcondary
LSurface Soil Cracks (136)
t
❑� Surface Water (Al)
Aquatic Fauna (1313)
❑ Sparsely Vegetated Concave Surface (138)
High Water Table (A2)
1E--lf
Marl Deposits (1315) (LRR U)
❑ Drainage Patterns (1310)
�Q
IJ Saturation (A3)
1I__I
LJ Hydrogen Sulfide Odor (Cl)
Moss Trim Lines (1316)
Q Water Marks (131)
❑ Oxidized Rhizospheres along Living Roots (C3)
❑ Dry -Season Water Table (C2)
Sediment Deposits (132)
Presence of Reduced Iron (C4)
❑ Crayfish Burrows (C8)
Drift Deposits (133)
1Q
LJ Recent Iron Reduction in Tilled Soils (C6)
❑ Saturation Visible on Aerial Imagery (C9)
_
Algal Mat or Crust (134)
Q Thin Muck Surface (C7)
Geomorphic Position (D2)
❑I Iron Deposits (135)
Q Other (Explain in Remarks)
❑ Shallow Aquitard (D3)
---II
Ll Inundation Visible on Aerial Imagery
(137)
FAC -Neutral Test (D5)
Water -Stained Leaves (139)
I❑�✓I
LI Sphagnum moss (D8) (LRR T, U)
Field Observations:
Surface Water Present? Yes X
No_ Depth (inches): 7-10
Water Table Present? Yes
No_ Depth (inches):
Saturation Present? Yes X
No_ Depth (inches): Surface
Wetland
Hydrology Present? Yes X No
includes capillary fringe)
Describe Recorded Data (stream gauge,
monitoring well, aerial photos, previous inspections), if available:
Remarks:
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0

VEGETATION (Four Strata) — Use scientific names of plants.
Sampling Point: 1
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0
Absolute Dominant Indicator
Dominance Test worksheet:
Tree Stratum (Plot size: )
% Cover Species? Status
Number of Dominant Species
1.
That Are OBL, FACW, or FAC: 3 (A)
2.
Total Number of Dominant
3.
Species Across All Strata: 3 (B)
4.
Percent of Dominant Species
5.
That Are OBL, FACW, or FAC: 100 (A/B)
6.
7.
Prevalence Index worksheet:
Total % Cover of: Multiply by
8
OBL species x 1 =
= Total Cover
50% of total cover:
20% of total cover:
FACW species x2=
Sapling/Shrub Stratum (Plot size: )
FAC species x 3 =
1 Acer rubrum
40 X FAC
FACU species x 4 =
UPL species x 5 =
Column Totals: (A) (B)
Prevalence Index = B/A =
2
3.
4.
5.
Hydrophytic Vegetation Indicators:
6.
❑ 1 - Rapid Test for Hydrophytic Vegetation
❑ 2 - Dominance Test is >50%
?
8.
❑ 3 - Prevalence Index is <-3.0'
= Total Cover
Problematic Hydrophytic Vegetation' (Explain)
50% of total cover:
20% of total cover:
Herb Stratum (Plot size: )
'Indicators of hydric soil and wetland hydrology must
1 Scirpus cyperinus
40 X OBL
be present, unless disturbed or problematic.
2 Acer rubrum
10 X FAC
Definitions of Four Vegetation Strata:
Tree -Woody plants, excluding vines, 3 in. (7.6 cm) or
3 Solidago spp
4 Rubus spp.
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub - Woody plants, excluding vines, less
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
Herb -All herbaceous (non -woody) plants, regardless
5
6.
7.
8.
g.
of size, and woody plants less than 3.28 ft tall.
Woody vine -AII woody vines greater than 3.28 ft in
10.
11.
height.
12.
= Total Cover
50% of total cover:
20% of total cover:
Woody Vine Stratum (Plot size: )
1.
Hydrophytic
2.
3.
4.
5.
= Total Cover
Vegetation
Present? Yes No_
50% of total cover:
20% of total cover:
Remarks: (If observed, list morphological adaptations below).
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0

SOIL
or
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type' Loc Texture
0-20 10YR 2/1 100 mlfs
C=Concentration. D=Depletion. RM=Reduced Matrix, MS=Masked Sand Grains.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Histosol (Al)
Histic Epipedon (A2)
Black Histic (A3)
Hydrogen Sulfide (A4)
Stratified Layers (A5)
Organic Bodies (A6) (LRR P, T, U)
5 cm Mucky Mineral (A7) (LRR P, T, U)
Muck Presence (A8) (LRR U)
1 cm Muck (A9) (LRR P, T)
Depleted Below Dark Surface (A01)
Thick Dark Surface (At 2)
Coast Prairie Redox (A16) (MLRA 150A)
Sandy Mucky Mineral (S1) (LRR O, S)
Sandy Gleyed Matrix (S4)
Sandy Redox (S5)
Stripped Matrix (S6)
JJ Dark Surface (S7) (LRR P, S, T, U)
Restrictive Layer (if observed):
Type:
Depth (inches):
Bore started caving
Polyvalue Below Surface (S8) (LRR S, T, U)
Thin Dark Surface (S9) (LRR S, T, U)
Loamy Mucky Mineral (F1) (LRR O)
Loamy Gleyed Matrix (F2)
Depleted Matrix (F3)
Redox Dark Surface (F6)
Depleted Dark Surface (F7)
Redox Depressions (F8)
Marl (1`10) (LRR U)
Depleted Ochric (F11) (MLRA 151)
Sampling Point: 1
Location: PL=Pore Linino. M=Matrix.
Indicators for Problematic Hydric Soils':
TTT❑III 1 cm Muck (A9) (LRR O)
B2 cm Muck (A10) (LRR S)
Reduced Vertic (1`18) (outside MLRA 150A,B)
�El Piedmont Floodplain Soils (1`19) (LRR P, S, T)
LJ Anomalous Bright Loamy Soils (F20)
(MLRA 1536)
❑-I Red Parent Material (TF2)
LJ Very Shallow Dark Surface (TF1 2)
Other (Explain in Remarks)
Iron -Manganese Masses (1`12) (LRR O, P, T) 'Indicators of hydrophytic vegetation and
Umbric Surface (1`13) (LRR P, T, U) wetland hydrology must be present,
Delta Ochric (1`17) (MLRA 151) unless disturbed or problematic.
Reduced Vertic (1`18) (MLRA 150A, 1506)
Piedmont Floodplain Soils (1`19) (MLRA 149A)
Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D)
Hydric Soil Present? Yes X No
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0

WETLAND DETERMINATION DATA FORM—Atlantic and Gulf Coastal Plain Region
Project/Site: Black Gum Creek
Applicant/Owner: Creech/EEP
Investigator(s): Heather Smith/KristieCorson
Landform (hillslope, terrace, etc.): Depression
Subregion (LRR or MLRA): LRR T
Soil Map Unit Name: Plummer
City/County: Robeson
State: NC
Section, Township, Range:
Local relief (concave, convex, none): Concave
Let: 34 49' 12 N Long: 79 19'51 W
Sampling Date: 9/30/2014
Sampling Point: 2
NWI classification: PSSI
Slope (%): 0_1
Datum:
Are climatic /hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Y Soil or Hydrology significantly disturbed? Are "Normal Circumstances' present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
Data point in old ag field
HYDROLOGY
Wetland Hydrology Indicators:
Indicators (minimum of two required)
d:
Primary Indicators (minimum of one is requirecheck all that apply)
ISeelIcondary
I�
Lt Surface Soil Cracks (136)
❑ Surface Water (Al)
Aquatic Fauna (1313)
El Sparsely Vegetated Concave Surface (138)
�
LJ High Water Table (A2)
1E--lf
Marl Deposits (1315) (LRR U)
❑ Drainage Patterns (1310)
IJ Saturation (A3)
1LJ
LJ Hydrogen Sulfide Odor (Cl)
Moss Trim Lines (1316)
Q Water Marks (131)
❑ Oxidized Rhizospheres along Living Roots (C3)
❑ Dry -Season Water Table (C2)
Sediment Deposits (132)
Presence of Reduced Iron (C4)
❑ Crayfish Burrows (C8)
Drift Deposits (133)
1Q
LJ Recent Iron Reduction in Tilled Soils (C6)
❑ Saturation Visible on Aerial Imagery (C9)
_
Algal Mat or Crust (134)
Q Thin Muck Surface (C7)
Geomorphic Position (D2)
❑I Iron Deposits (135)
Q Other (Explain in Remarks)
❑ Shallow Aquitard (D3)
---II
Ll Inundation Visible on Aerial Imagery
(137)
❑ FAC -Neutral Test (D5)
Water -Stained Leaves (139)
Sphagnum moss (D8) (LRR T, U)
Field Observations:
Surface Water Present? Yes _
No X Depth (inches):
Water Table Present? Yes X
No_ Depth (inches): 8
Saturation Present? Yes X
No_ Depth (inches): 6
Wetland
Hydrology Present? Yes X No
includes capillary fringe)
Describe Recorded Data (stream gauge,
monitoring well, aerial photos, previous inspections), if available:
Have gauge data from a higher
elevation showing 22.8% in the
growing season
Remarks:
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: 2
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0
Absolute Dominant Indicator
Dominance Test worksheet:
Tree Stratum (Plot size: )
% Cover Species? Status
Number of Dominant Species
1.
That Are OBL, FACW, or FAC: 1 (A)
2.
Total Number of Dominant
3.
Species Across All Strata 1 (B)
4.
Percent of Dominant Species
5.
That Are OBL, FACW, or FAC: 100 (A/B)
6.
7.
Prevalence Index worksheet:
Total % Cover of: Multiply by
8
OBL species x 1 =
= Total Cover
50% of total cover:
20% of total cover:
FACW species x2=
Sapling/Shrub Stratum (Plot size: )
FAC species x 3 =
1
FACU species x 4 =
UPL species x 5 =
Column Totals: (A) (B)
Prevalence Index = B/A =
2
3.
4.
5.
Hydrophytic Vegetation Indicators:
6.
❑ 1 - Rapid Test for Hydrophytic Vegetation
❑ 2 - Dominance Test is >50%
?.
8.
❑ 3 - Prevalence Index is <-3.0'
= Total Cover
Problematic Hydrophytic Vegetation' (Explain)
50% of total cover:
20% of total cover:
Herb Stratum (Plot size: 20 )
'Indicators of hydric soil and wetland hydrology must
1 Typha spp.
90 X OBL
be present, unless disturbed or problematic.
2 Panicum spp.
5
Definitions of Four Vegetation Strata:
Tree -Woody plants, excluding vines, 3 in. (7.6 cm) or
3 Polygnum spp. 5
4.
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub - Woody plants, excluding vines, less
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
Herb -All herbaceous (non -woody) plants, regardless
5
6.
7.
8.
9.
of size, and woody plants less than 3.28 ft tall.
Woody vine -AII woody vines greater than 3.28 ft in
10.
11.
height.
12.
= Total Cover
50% of total cover:
20% of total cover:
Woody Vine Stratum (Plot size: )
1.
Hydrophytic
2.
3.
4.
5.
= Total Cover
Vegetation
Present? Yes No
50% of total cover:
20% of total cover:
_
Remarks: (If observed, list morphological adaptations below).
Surrounding areas had goldenrod and dog fennel, were slightly higher in elevation.
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0

SOIL
or
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type' Loc Texture
0-8 10YR 2/1 100 Ifs
8-10
10YR 4/1
100
s
10-14
10YR 4/1
70 7.5YR 2.5/2
30 C PL, M s
14-20
7.5YR 2.5/2
30
s
C=Concentration. D=Depletion. RM=Reduced Matrix, MS=Masked Sand Grains.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Histosol (Al)
Histic Epipedon (A2)
Black Histic (A3)
Hydrogen Sulfide (A4)
Stratified Layers (A5)
Organic Bodies (A6) (LRR P, T, U)
5 cm Mucky Mineral (A7) (LRR P, T, U)
Muck Presence (A8) (LRR U)
1 cm Muck (A9) (LRR P, T)
Depleted Below Dark Surface (A01)
Thick Dark Surface (At 2)
Coast Prairie Redox (A16) (MLRA 150A)
Sandy Mucky Mineral (S1) (LRR O, S)
Sandy Gleyed Matrix (S4)
Sandy Redox (S5)
Stripped Matrix (S6)
JJ Dark Surface (S7) (LRR P, S, T, U)
Restrictive Layer (if observed):
Type:
Depth (inches):
Polyvalue Below Surface (S8) (LRR S, T, U)
Thin Dark Surface (S9) (LRR S, T, U)
Loamy Mucky Mineral (F1) (LRR O)
Loamy Gleyed Matrix (F2)
Depleted Matrix (F3)
Redox Dark Surface (F6)
Depleted Dark Surface (F7)
Redox Depressions (F8)
Marl (1`10) (LRR U)
Depleted Ochric (F11) (MLRA 151)
Sampling Point: 2
Location: PL=Pore Linino. M=Matrix.
Indicators for Problematic Hydric Soils':
TTT❑III 1 cm Muck (A9) (LRR O)
B2 cm Muck (A10) (LRR S)
Reduced Vertic (1`18) (outside MLRA 150A,B)
�El Piedmont Floodplain Soils (1`19) (LRR P, S, T)
LJ Anomalous Bright Loamy Soils (F20)
(MLRA 1536)
❑-I Red Parent Material (TF2)
LJ Very Shallow Dark Surface (TF1 2)
Other (Explain in Remarks)
Iron -Manganese Masses (1`12) (LRR O, P, T) 'Indicators of hydrophytic vegetation and
Umbric Surface (1`13) (LRR P, T, U) wetland hydrology must be present,
Delta Ochric (1`17) (MLRA 151) unless disturbed or problematic.
Reduced Vertic (1`18) (MLRA 150A, 1506)
Piedmont Floodplain Soils (1`19) (MLRA 149A)
Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D)
Hydric Soil Present? Yes X No
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0

WETLAND DETERMINATION DATA FORM—Atlantic and Gulf Coastal Plain Region
Project/Site: Black Gum Creek
Applicant/Owner: Creech/EEP
Investigator(s): Heather Smith/KristieCorson
Landform (hillslope, terrace, etc.): Depression
Subregion (LRR or MLRA): LRR T
Soil Map Unit Name: Plummer
City/County: Robeson
State: NC
Section, Township, Range:
Local relief (concave, convex, none): None
Let: 34°49'13.354"N Long: 7919'50.44"W
Are climatic /hydrologic conditions on the site typical for this time of year? Yes X
Are Vegetation Soill, or Hydrology significantly disturbed?
Are Vegetation , Soill, or Hydrology naturally problematic?
Sampling Date: 9-30-2014
Sampling Point: 3
NWI classification: PSSI
No (If no, explain in Remarks.)
Slope (%): 0_1
Datum:
Are "Normal Circumstances" present? Yes X No
(If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Indicators (minimum of two required)
d:
Primary Indicators (minimum of one is requirecheck all that apply)
ISI'ee'lIcondary
LSurface Soil Cracks (136)
t
❑ Surface Water (Al)
El Aquatic Fauna (1313)
❑ Sparsely Vegetated Concave Surface (138)
❑� High Water Table (A2)
Marl Deposits (1315) (LRR U)
❑ Drainage Patterns (1310)
IJ Saturation (A3)
1L--Jf
LJ Hydrogen Sulfide Odor (Cl)
Moss Trim Lines (1316)
Q Water Marks (131)
❑ Oxidized Rhizospheres along Living Roots (C3)
❑ Dry -Season Water Table (C2)
Sediment Deposits (132)
Presence of Reduced Iron (C4)
❑ Crayfish Burrows (C8)
Drift Deposits (133)
1Q
LJ Recent Iron Reduction in Tilled Soils (C6)
❑ Saturation Visible on Aerial Imagery (C9)
_
Algal Mat or Crust (134)
Q Thin Muck Surface (C7)
Geomorphic Position (D2)
❑I Iron Deposits (135)
Q Other (Explain in Remarks)
❑ Shallow Aquitard (D3)
---II
Ll Inundation Visible on Aerial Imagery
(137)
FAC -Neutral Test (D5)
Water -Stained Leaves (139)
Sphagnum moss (D8) (LRR T, U)
Field Observations:
Surface Water Present? Yes _
No X Depth (inches):
Water Table Present? Yes X
No_ Depth (inches): 8
Saturation Present? Yes X
No_ Depth (inches): 6
Wetland
Hydrology Present? Yes X No
includes capillary fringe)
Describe Recorded Data (stream gauge,
monitoring well, aerial photos, previous inspections), if available:
Remarks:
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0

VEGETATION (Four Strata) — Use scientific names of plants.
Sampling Point: 3
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0
Absolute
Dominant Indicator
Dominance Test worksheet:
Tree Stratum (Plot size: 50' )
% Cover
Species? Status
Number of Dominant Species
1 Liquidambar styraciflua
50
X FAC
That Are OBL, FACW, or FAC: 3 (A)
Total Number of Dominant
Species Across All Strata: 3 (B)
Percent of Dominant Species
2 Liriodendron tulipifera 5 FACU
3. Acer rubrum 25 X FAC
4 Pinus serotina 2 FACW
5.
That Are OBL, FACW, or FAC: 100 (A/B)
6.
Prevalence Index worksheet:
7.
Total % Cover of: Multiply by
8
OBL species x 1 =
= Total Cover
FACW species x2=
50% of total cover:
20% of
total cover:
FAC species x 3 =
Sapling/Shrub Stratum (Plot size: )
1 Acer rubrum
10
X FAC
FACU species x 4 =
UPL species x 5 =
Column Totals: (A) (B)
2 Vaccinium spp. 5
3.
Prevalence Index = B/A =
4.
5.
Hydrophytic Vegetation Indicators:
6.
❑ 1 - Rapid Test for Hydrophytic Vegetation
❑ 2 - Dominance Test is >50%
7'
8.
❑ 3 - Prevalence Index is <-3.0'
= Total Cover
Problematic Hydrophytic Vegetation' (Explain)
50% of total cover:
20% of
total cover:
Herb Stratum (Plot size: )
'Indicators of hydric soil and wetland hydrology must
1 Osmunda cinnamomea
2
FACW
be present, unless disturbed or problematic.
2 Woodwardia areolata
1
OBL
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
3.
4.
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub - Woody plants, excluding vines, less
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
Herb -All herbaceous (non -woody) plants, regardless
5
6.
7
8.
9.
of size, and woody plants less than 3.28 ft tall.
Woody vine -AII woody vines greater than 3.28 ft in
10.
11.
height.
12.
= Total Cover
50% of total cover:
20% of
total cover:
Woody Vine Stratum (Plot size: )
1.
Hydrophytic
2.
3.
4.
5.
= Total Cover
Vegetation
Present? Yes No
50% of total cover:
20% of
total cover:
_
Remarks: (If observed, list morphological adaptations below).
Site was cut over between 1987 and
1993
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0

SOIL
or
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type' Loc Texture
0-8 10YR 2/1 100 Ifs
8-10
10YR 4/1
100
s
10-14
10YR 4/1
70 7.5YR 2.5/2
30 C PL, M s
14-20
7.5YR 2.5/2
100
s
C=Concentration. D=Depletion. RM=Reduced Matrix, MS=Masked Sand Grains.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Histosol (Al)
Histic Epipedon (A2)
Black Histic (A3)
Hydrogen Sulfide (A4)
Stratified Layers (A5)
Organic Bodies (A6) (LRR P, T, U)
5 cm Mucky Mineral (A7) (LRR P, T, U)
Muck Presence (A8) (LRR U)
1 cm Muck (A9) (LRR P, T)
Depleted Below Dark Surface (A01)
Thick Dark Surface (At 2)
Coast Prairie Redox (A16) (MLRA 150A)
Sandy Mucky Mineral (S1) (LRR O, S)
Sandy Gleyed Matrix (S4)
Sandy Redox (S5)
Stripped Matrix (S6)
J✓J Dark Surface (S7) (LRR P, S, T, U)
Restrictive Layer (if observed):
Type:
Depth (inches):
Polyvalue Below Surface (S8) (LRR S, T, U)
Thin Dark Surface (S9) (LRR S, T, U)
Loamy Mucky Mineral (F1) (LRR O)
Loamy Gleyed Matrix (F2)
Depleted Matrix (F3)
Redox Dark Surface (F6)
Depleted Dark Surface (F7)
Redox Depressions (F8)
Marl (1`10) (LRR U)
Depleted Ochric (F11) (MLRA 151)
Sampling Point: 3
Location: PL=Pore Linino. M=Matrix.
Indicators for Problematic Hydric Soils':
TTT❑III 1 cm Muck (A9) (LRR O)
B2 cm Muck (A10) (LRR S)
Reduced Vertic (1`18) (outside MLRA 150A,B)
�El Piedmont Floodplain Soils (1`19) (LRR P, S, T)
LJ Anomalous Bright Loamy Soils (F20)
(MLRA 1536)
❑-I Red Parent Material (TF2)
LJ Very Shallow Dark Surface (TF1 2)
Other (Explain in Remarks)
Iron -Manganese Masses (1`12) (LRR O, P, T) 'Indicators of hydrophytic vegetation and
Umbric Surface (1`13) (LRR P, T, U) wetland hydrology must be present,
Delta Ochric (1`17) (MLRA 151) unless disturbed or problematic.
Reduced Vertic (1`18) (MLRA 150A, 1506)
Piedmont Floodplain Soils (1`19) (MLRA 149A)
Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D)
Hydric Soil Present? Yes X No
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0

WETLAND DETERMINATION DATA FORM—Atlantic and Gulf Coastal Plain Region
Project/Site: Black Gum Creek
Applicant/Owner: Creech/EEP
Investigator(s): Heather Smith/KristieCorson
Landform (hillslope, terrace, etc.): Depression
Subregion (LRR or MLRA): LRR T
Soil Map Unit Name: Plummer
Let:
City/County: Robeson
State: NC
Section, Township, Range:
Local relief (concave, convex, none): Concave
34°49'9.442"N Long: 79°19'48.713"W
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X
Are Vegetation Soil or Hydrology significantly disturbed?
Are Vegetation Soil or Hydrology naturally problematic?
Sampling Date: 9-30-2014
Sampling Point: 4
NWI classification: PSSI
No (If no, explain in Remarks.)
Slope (%): 0_1
Datum:
Are "Normal Circumstances" present? Yes X No
(If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
Is an old ag field, stopped production this year
HYDROLOGY
Wetland Hydrology Indicators:
Indicators (minimum of two required)
d:
Primary Indicators (minimum of one is requirecheck all that apply)
ISI'ee'lIcondary
LSurface Soil Cracks (136)
t
❑ Surface Water (Al)
Aquatic Fauna (1313)
❑ Sparsely Vegetated Concave Surface (138)
Q High Water Table (A2)
1E--lf
Marl Deposits (1315) (LRR U)
❑ Drainage Patterns (1310)
Q Saturation (A3)
1I__I
LJ Hydrogen Sulfide Odor (Cl)
Moss Trim Lines (1316)
Q Water Marks (131)
❑ Oxidized Rhizospheres along Living Roots (C3)
❑ Dry -Season Water Table (C2)
Sediment Deposits (132)
Presence of Reduced Iron (C4)
❑ Crayfish Burrows (C8)
Drift Deposits (133)
1Q
LJ Recent Iron Reduction in Tilled Soils (C6)
❑ Saturation Visible on Aerial Imagery (C9)
_
Algal Mat or Crust (134)
Q Thin Muck Surface (C7)
Geomorphic Position (D2)
❑I-II Iron Deposits (135)
Q Other (Explain in Remarks)
❑ Shallow Aquitard (D3)
u Inundation Visible on Aerial Imagery
(137)
❑ FAC -Neutral Test (D5)
Water -Stained Leaves (139)
Sphagnum moss (D8) (LRR T, U)
Field Observations:
Surface Water Present? Yes _
No X Depth (inches):
Water Table Present? Yes X
No_ Depth (inches): 18
Saturation Present? Yes X
No_ Depth (inches): 15
Wetland
Hydrology Present? Yes_ No X
includes capillary fringe)
Describe Recorded Data (stream gauge,
monitoring well, aerial photos, previous inspections), if available:
Have gauge data showing
wetland hydrology for 10% of growing
season
Remarks:
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: 4
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0
Absolute Dominant Indicator
Dominance Test worksheet:
Tree Stratum (Plot size: )
% Cover Species? Status
Number of Dominant Species
1.
That Are OBL, FACW, or FAC: (A)
Total Number of Dominant
2.
3.
Species Across All Strata (B)
4.
Percent of Dominant Species
5.
That Are OBL, FACW, or FAC: (A/B)
6.
7.
Prevalence Index worksheet:
Total % Cover of: Multiply by
8
OBL species x 1 =
= Total Cover
50% of total cover:
20% of total cover:
FACW species x2=
Sapling/Shrub Stratum (Plot size: )
FAC species x 3 =
1
FACU species x 4 =
UPL species x 5 =
Column Totals: (A) (B)
Prevalence Index = B/A =
2
3.
4.
5.
Hydrophytic Vegetation Indicators:
6.
❑ 1 - Rapid Test for Hydrophytic Vegetation
❑ 2 - Dominance Test is >50%
7.
8.
❑ 3 - Prevalence Index is <-3.0'
= Total Cover
Problematic Hydrophytic Vegetation' (Explain)
50% of total cover:
20% of total cover:
Herb Stratum (Plot size: )
'Indicators of hydric soil and wetland hydrology must
1 Panicum spp.
be present, unless disturbed or problematic.
2 Polygnum spp.
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
3.
4.
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub - Woody plants, excluding vines, less
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
Herb -All herbaceous (non -woody) plants, regardless
5
6.
7
8.
g.
of size, and woody plants less than 3.28 ft tall.
Woody vine -AII woody vines greater than 3.28 ft in
10.
11.
height.
12.
= Total Cover
50% of total cover:
20% of total cover:
Woody Vine Stratum (Plot size: )
1.
Hydrophytic
2.
3.
4.
5.
= Total Cover
Vegetation
Present? Yes No
50% of total cover:
20% of total cover:
_
Remarks: (If observed, list morphological adaptations below).
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0

SOIL
or
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type' Loc Texture
0-6.5 10YR 2/1 100 ml
6.5-15
10YR 2/1
100
15-20
10YR 4/1
100
20-44
10YR 4/1
100
C=Concentration. D=Depletion. RM=Reduced Matrix, MS=Masked Sand Grains.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Histosol (Al)
Histic Epipedon (A2)
Black Histic (A3)
Hydrogen Sulfide (A4)
Stratified Layers (A5)
Organic Bodies (A6) (LRR P, T, U)
5 cm Mucky Mineral (A7) (LRR P, T, U)
Muck Presence (A8) (LRR U)
1 cm Muck (A9) (LRR P, T)
Depleted Below Dark Surface (A01)
Thick Dark Surface (At 2)
Coast Prairie Redox (A16) (MLRA 150A)
Sandy Mucky Mineral (S1) (LRR O, S)
Sandy Gleyed Matrix (S4)
Sandy Redox (S5)
Stripped Matrix (S6)
JJ Dark Surface (S7) (LRR P, S, T, U)
Restrictive Layer (if observed):
Type:
Depth (inches):
Polyvalue Below Surface (S8) (LRR S, T, U)
Thin Dark Surface (S9) (LRR S, T, U)
Loamy Mucky Mineral (F1) (LRR O)
Loamy Gleyed Matrix (F2)
Depleted Matrix (F3)
Redox Dark Surface (F6)
Depleted Dark Surface (F7)
Redox Depressions (F8)
Marl (1`10) (LRR U)
Depleted Ochric (F11) (MLRA 151)
scl
Sampling Point: 4
Location: PL=Pore Linino. M=Matrix.
Indicators for Problematic Hydric Soils':
TTT❑III 1 cm Muck (A9) (LRR O)
B2 cm Muck (A10) (LRR S)
Reduced Vertic (1`18) (outside MLRA 150A,B)
�El Piedmont Floodplain Soils (1`19) (LRR P, S, T)
LJ Anomalous Bright Loamy Soils (F20)
(MLRA 1536)
❑-I Red Parent Material (TF2)
LJ Very Shallow Dark Surface (TF1 2)
Other (Explain in Remarks)
Iron -Manganese Masses (1`12) (LRR O, P, T) 'Indicators of hydrophytic vegetation and
Umbric Surface (1`13) (LRR P, T, U) wetland hydrology must be present,
Delta Ochric (1`17) (MLRA 151) unless disturbed or problematic.
Reduced Vertic (1`18) (MLRA 150A, 1506)
Piedmont Floodplain Soils (1`19) (MLRA 149A)
Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D)
Hydric Soil Present? Yes X No
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0

WETLAND DETERMINATION DATA FORM—Atlantic and Gulf Coastal Plain Region
Project/Site: Black Gum Creek
Applicant/Owner: Creech/EEP
Investigator(s): Heather Smith/KristieCorson
City/County: Robeson
Section, Township, Range:
State: NC
Sampling Date: 9/30/2014
Sampling Point: 5
Landform (hillslope, terrace, etc.): Depression Local relief (concave, convex, none): Concave
Subregion (LRR or MLRA): LRR T Let: 34°49'16.045"N Long: 7919'41.541"W
Soil Map Unit Name: Rutlege NWI classification: PSSI
Are climatic /hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Slope (%): 0_1
Datum:
Are Vegetation Soill, or Hydrology significantly disturbed? Are "Normal Circumstances' present? Yes X No
Are Vegetation , Soill, or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Indicators (minimum of two required)
d:
Primary Indicators (minimum of one is requirecheck all that apply)
ISI'ee'lIcondary
LSurface Soil Cracks (136)
t
❑ Surface Water (Al)
Aquatic Fauna (1313)
El Sparsely Vegetated Concave Surface (138)
�
LJ High Water Table (A2)
1E--lf
Marl Deposits (1315) (LRR U)
❑ Drainage Patterns (1310)
IJ Saturation (A3)
1LJ
LJ Hydrogen Sulfide Odor (Cl)
Moss Trim Lines (1316)
Q Water Marks (131)
❑ Oxidized Rhizospheres along Living Roots (C3)
❑ Dry -Season Water Table (C2)
Sediment Deposits (132)
Presence of Reduced Iron (C4)
❑ Crayfish Burrows (C8)
Drift Deposits (133)
1Q
LJ Recent Iron Reduction in Tilled Soils (C6)
❑ Saturation Visible on Aerial Imagery (C9)
_
Algal Mat or Crust (134)
Q Thin Muck Surface (C7)
❑ Geomorphic Position (D2)
❑I Iron Deposits (135)
Q Other (Explain in Remarks)
❑ Shallow Aquitard (D3)
---II
Ll Inundation Visible on Aerial Imagery
(137)
❑ FAC -Neutral Test (D5)
Water -Stained Leaves (139)
Sphagnum moss (D8) (LRR T, U)
Field Observations:
Surface Water Present? Yes _
No X Depth (inches):
Water Table Present? Yes X
No_ Depth (inches): 6
Saturation Present? Yes X
No_ Depth (inches): 4
Wetland
Hydrology Present? Yes X No
includes capillary fringe)
Describe Recorded Data (stream gauge,
monitoring well, aerial photos, previous inspections), if available:
Remarks:
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0

VEGETATION (Four Strata) — Use scientific names of plants.
Sampling Point: 5
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0
Absolute Dominant Indicator
Dominance Test worksheet:
Tree Stratum (Plot size: )
% Cover Species? Status
Number of Dominant Species
1 Magnolia Arginiana
10 X FACW
That Are OBL, FACW, or FAC: 3 (A)
Total Number of Dominant 3
Species Across All Strata (B)
Percent of Dominant Species
That Are OBL, FACW, or FAC: 100 (A/B)
2 Acer rubrum 50 X FAC
3. Liriodendron tulipifera 5 FACU
q Pinus taeda FAC
5 Nyssa biflora 5 OBL
6.
Prevalence Index worksheet:
7.
Total % Cover of: Multiply by
8
OBL species x 1 =
= Total Cover
FACW species x2=
50% of total cover:
20% of total cover:
FAC species x 3 =
Sapling/Shrub Stratum (Plot size: )
FACU species x 4 =
1
UPL species x 5 =
2
Column Totals: (A) (B)
3.
Prevalence Index = B/A =
4.
5.
Hydrophytic Vegetation Indicators:
6.
❑ 1 - Rapid Test for Hydrophytic Vegetation
❑ 2 - Dominance Test is >50%
7.
8.
❑ 3 - Prevalence Index is <-3.0'
= Total Cover
Problematic Hydrophytic Vegetation' (Explain)
50% of total cover:
20% of total cover:
Herb Stratum (Plot size: )
'Indicators of hydric soil and wetland hydrology must
1 Osmunda cinnamomea
OBL
be present, unless disturbed or problematic.
2.
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
3.
4.
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub - Woody plants, excluding vines, less
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
Herb -All herbaceous (non -woody) plants, regardless
5
6.
7
8.
g.
of size, and woody plants less than 3.28 ft tall.
Woody vine -AII woody vines greater than 3.28 ft in
10.
11.
height.
12.
= Total Cover
50% of total cover:
20% of total cover:
Woody Vine Stratum (Plot size: )
1 Smilax laurifolia
30 X OBL
Hydrophytic
2.
3.
4.
5.
= Total Cover
Vegetation
Present? Yes No
50% of total cover:
20% of total cover:
_
Remarks: (If observed, list morphological adaptations below).
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0

VEGETATION (Four Strata) — Use scientific names of plants.
Sampling Point: 5
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0
Absolute Dominant Indicator
Dominance Test worksheet:
Tree Stratum (Plot size: )
% Cover Species? Status
Number of Dominant Species
1 Magnolia Arginiana
10 X FACW
That Are OBL, FACW, or FAC: 3 (A)
Total Number of Dominant 3
Species Across All Strata (B)
Percent of Dominant Species
That Are OBL, FACW, or FAC: 100 (A/B)
2 Acer rubrum 50 X FAC
3. Liriodendron tulipifera 5 FACU
q Pinus taeda FAC
5 Nyssa biflora 5 OBL
6.
Prevalence Index worksheet:
7.
Total % Cover of: Multiply by
8
OBL species x 1 =
= Total Cover
FACW species x2=
50% of total cover:
20% of total cover:
FAC species x 3 =
Sapling/Shrub Stratum (Plot size: )
FACU species x 4 =
1
UPL species x 5 =
2
Column Totals: (A) (B)
3.
Prevalence Index = B/A =
4.
5.
Hydrophytic Vegetation Indicators:
6.
❑ 1 - Rapid Test for Hydrophytic Vegetation
❑ 2 - Dominance Test is >50%
7.
8.
❑ 3 - Prevalence Index is <-3.0'
= Total Cover
Problematic Hydrophytic Vegetation' (Explain)
50% of total cover:
20% of total cover:
Herb Stratum (Plot size: )
'Indicators of hydric soil and wetland hydrology must
1 Osmunda cinnamomea
OBL
be present, unless disturbed or problematic.
2.
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
3.
4.
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub - Woody plants, excluding vines, less
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
Herb -All herbaceous (non -woody) plants, regardless
5
6.
7
8.
g.
of size, and woody plants less than 3.28 ft tall.
Woody vine -AII woody vines greater than 3.28 ft in
10.
11.
height.
12.
= Total Cover
50% of total cover:
20% of total cover:
Woody Vine Stratum (Plot size: )
1 Smilax laurifolia
30 X OBL
Hydrophytic
2.
3.
4.
5.
= Total Cover
Vegetation
Present? Yes No
50% of total cover:
20% of total cover:
_
Remarks: (If observed, list morphological adaptations below).
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0

SOIL
or
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type' Loc Texture
0-20 10YR 2/1 100 mlfs
C=Concentration. D=Depletion. RM=Reduced Matrix, MS=Masked Sand Grains.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Histosol (Al)
Histic Epipedon (A2)
Black Histic (A3)
Hydrogen Sulfide (A4)
Stratified Layers (A5)
Organic Bodies (A6) (LRR P, T, U)
5 cm Mucky Mineral (A7) (LRR P, T, U)
Muck Presence (A8) (LRR U)
1 cm Muck (A9) (LRR P, T)
Depleted Below Dark Surface (A01)
Thick Dark Surface (At 2)
Coast Prairie Redox (A16) (MLRA 150A)
Sandy Mucky Mineral (S1) (LRR O, S)
Sandy Gleyed Matrix (S4)
Sandy Redox (S5)
Stripped Matrix (S6)
JJ Dark Surface (S7) (LRR P, S, T, U)
Restrictive Layer (if observed):
Type:
Depth (inches):
Polyvalue Below Surface (S8) (LRR S, T, U)
Thin Dark Surface (S9) (LRR S, T, U)
Loamy Mucky Mineral (F1) (LRR O)
Loamy Gleyed Matrix (F2)
Depleted Matrix (F3)
Redox Dark Surface (F6)
Depleted Dark Surface (F7)
Redox Depressions (F8)
Marl (1`10) (LRR U)
Depleted Ochric (F11) (MLRA 151)
Sampling Point: 5
Location: PL=Pore Linino. M=Matrix.
Indicators for Problematic Hydric Soils':
TTT❑III 1 cm Muck (A9) (LRR O)
B2 cm Muck (A10) (LRR S)
Reduced Vertic (1`18) (outside MLRA 150A,B)
�El Piedmont Floodplain Soils (1`19) (LRR P, S, T)
LJ Anomalous Bright Loamy Soils (F20)
(MLRA 1536)
❑-I Red Parent Material (TF2)
LJ Very Shallow Dark Surface (TF1 2)
Other (Explain in Remarks)
Iron -Manganese Masses (1`12) (LRR O, P, T) 'Indicators of hydrophytic vegetation and
Umbric Surface (1`13) (LRR P, T, U) wetland hydrology must be present,
Delta Ochric (1`17) (MLRA 151) unless disturbed or problematic.
Reduced Vertic (1`18) (MLRA 150A, 1506)
Piedmont Floodplain Soils (1`19) (MLRA 149A)
Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D)
Hydric Soil Present? Yes X No
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2015-01605 County: Robeson U.S.G.S. Quad: NC — Gaddysville
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Owner: C.R. Creech and Shirley Creech
1594 Lakewood Falls
Goldston, North Carolina 27252
Agent: Kristin Miguez
NCDENR Division of Mitigation Services
1652 Mail Service Center RECEIVED
Raleigh, North Carolina 27699
Size (acres) Approximately 147.47 acres Nearest Town Maxton ,!AN 1 12016
Nearest Waterway Tributary to Lumber River River Basin Lumber DIVISION OF
USGS HUC 03040203 Coordinates Latitude: 34.81917 )1 ITIGATION SERVICES
Longitude: -79.33028 W
Location description: The 147.47 acres review area is located within two parcels (930827101800 & 930900996500)
near 1563 Modest Road, near the town of Maxton Robeson County North Carolina
Indicate Which of the Followiniz ADD1V:
A. Preliminary Determination
Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area
. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)
jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33
CFR Part 331). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district
for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the
JD.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of
this notification.
X There are waters of the U.S. including wetlands on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the waters of the U.S. including wetlands on your project area delineated. Due to the
size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a
timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any
delineation must be verified by the Corps.
X The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
Page 1 of 2

The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
identified below. Unless there is a change in the law or our published regulations, this determination may be relied upon
for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(LAMA). You should contact the Division of Coastal Management in Wilmington, NC, at [phone] to determine
their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Kyle Dahl at 910-251-4469 or
Kyle.J.Dahl(i ,usace.army.mil.
C. Basis For Determination: This site exhibit wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and the appropriate regional supplement The site also contains features with an Ordinary
High Water Mark that are also jurisdictional The site contains waters and wetlands abutting a tributary of the
Lumber River, a TNW in the downstream reaches. The enclosed map titled "Black Gum Creek Wetlands" dated
November 2015, accurately depicts the geographic extent of jurisdictional waters on wetlands on-site
D. Remarks:
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps, Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 3/6/2016.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination '
correspondence.** RECEIVED
Corps Regulatory Official:
JAN 1 12016
Date: January 6, 2016 Expiration Date: January 6, 2021
DIVISION OF
MITIGATION SERVICES

A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice. RECEIVED
JAN 1 1 2016
DIVISION OF
MITIGATION SERVICES
;,NOT'IFICA'TION OF ADMINISTRATIVE APPEAL 01''HONS AND PROCESS Al
' . RE, QUEST IOR:AI'I'1:1L
FAlicant:
C.R. Creech & Shirley Creech
File Number: SAW -2015-01605
Date: Janna 6 2016
Attached is:
See Section below
❑
INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
®
APPROVED JURISDICTIONAL DETERMINATION
D
❑
PRELIMINARY JURISDICTIONAL DETERMINATION
E
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice. RECEIVED
JAN 1 1 2016
DIVISION OF
MITIGATION SERVICES

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division,
Attn: Kyle Dahl
[phone]
[e-mail]
If you only have questions regarding the appeal process you may
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M 15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of anv site investigation. and will have the oDDortunity to Darticinate in all site investigations.
Date: I Telephone number:
of appellant or
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Kyle Dahl, 69 Darlington Ave., Wilmington, NC 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room IOM15, Atlanta, Georgia 30303-8801
Phone: [phone]
RECEIVED
JAN 1 1 2016
DIVISION OF
MITIGATION SERVICES

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41
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fop 1 rr!}' 1 -S - �w •,� +,i - �•.
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y:.. •+ +t. ",i 1.
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efib `1 .
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w, 11 I�� ' S r' yr rw a,•1
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7Lf,

Appendix A
Categorical Exclusion Form for Ecosystem Enhancement
Program Projects
Version 1.4
Note: Only Appendix A should to be submitted (along with any supporting documentation) as the
environmental document.
Version 1.4, 8/18/05
Part 1: General Project Information
Project Name: 310. C: r
Count Name: ,
EEP Number:
-
onsor:oeCPo
'ectntactName:
Project Contact Address: n S =, -.
, I '' i
Project Contact E-mail:
EEP Project Mana er: r• hz:
Project Description
:s i5 a Het6 /ekob' talion
pro-)ec..t. Lt 11,1VvlVCs
Plu�t;�y act ✓; t,es only y.9 Hrre.5 ll 5e tia l
o the 5, !-e. ,
.. Use Only
Reviewed By:
Date
EEP Project Manager
Conditional Approved By:
Date
For Division Administrator
FHWA
❑ Check this box if there are outstanding issues
Final Approval By:
Date
For Division Administrator
FHWA
Version 1.4, 8/18/05

Part 2: All Projects
Regulation/Question ..
Coastal Zone Mana ement Act CZMA
1. Is the project located in a CAMA county?
❑ Yes
No
2. Does the project involve ground -disturbing activities within a CAMA Area of
❑ Yes
Environmental Concern (AEC)?
❑ No
N/A
3. Has a CAMA permit been secured?
❑ Yes
❑ No
0 N/A
4. Has NCDCM agreed that the project is consistent with the NC Coastal Management
❑ Yes
Program?
❑ No
© N/A
Com rehensive Environmental Response, Compensation and Liability Act CERCLA
1. Is this a "full -delivery" project?
❑ Yes
No
2. Has the zoning/land use of the subject property and adjacent properties ever been
❑ Yes
designated as commercial or industrial?
❑ No
N/A
3. As a result of a limited Phase I Site Assessment, are there known or potential
❑ Yes
hazardous waste sites within or adjacent to the project area?
❑ No
0 N/A
4. As a result of a Phase I Site Assessment, are there known or potential hazardous
❑ Yes
waste sites within or adjacent to the project area?
❑ No
0 N/A
5. As a result of a Phase II Site Assessment, are there known or potential hazardous
❑ Yes
waste sites within the project area?
❑ No
0 N/A
6. Is there an approved hazardous mitigation plan?
❑ Yes
❑ No
0 N/A
National Historic Preservation Act Section 106
1. Are there properties listed on, or eligible for listing on, the National Register of
❑ Yes
Historic Places in the project area?
® No
2. Does the project affect such properties and does the SHPO/THPO concur?
❑ Yes
❑ No
N/A
3. If the effects are adverse, have they been resolved?
❑ Yes
❑ No
N/A
Uniform Relocation Assistance and Real Property Ac uisition Policies Act Uniform
Act
1. Is this a "full -delivery" project?
❑ Yes
® No
2. Does the project require the acquisition of real estate?
❑ Yes
❑ No
N/A
3. Was the property acquisition completed prior to the intent to use federal funds?
❑ Yes
❑ No
0 N/A
4. Has the owner of the property been informed:
❑ Yes
* prior to making an offer that the agency does not have condemnation authority; and
❑ No
* what the fair market value is believed to be?
E N/A
Version 1.4, 8/18/05

North Carolina Department of Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Pat McCrory Office of Archives and History
Secretary Susan Kluttz Deputy Secretary Kevin Cherry
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599

August 19, 2014
MEMORANDUM

TO: Heather Smith
Ecosystem Enhancement Program
NC Department of Environment and Natural Resources

FROM: Ramona M. Bartos
SUBJECT: Black Gum Creek Wetland Mitigation, Robeson County, ER 14-1737
Thank you for your letter of July 28, 2014, concerning the above project.
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,
please contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. In all future
communication concerning this project, please cite the above-referenced tracking number.

November 29, 2006
Mr. Edward Samanns
Louis Berger Group
30 Vreeland Road e _ED
Florham Park, New Jersey 07932-1904 ' ` (,r?ECEIv
Dear Mr. Samanns: IEC 01 2006
RE: Division of Water Quality comments on Black Gum Stream Restoration Project ENHANCEMENT STEM
Robeson County ROGRAM
DWQ # 2006-1819
As you know, staff of the NC Division of Water Quality and the US Army Corps of Engineers
visited the site on October 20, 2006 at your and the Ecosystem Enhancement Program's request to make
a decision regarding the amount of stream and riparian wetland credits that may be available on this site.
if EEP continues to pursue its development as a compensatory mitigation site. In addition to our
observations that day, we have reviewed LIDAR maps, local topographic maps and aerial photos as well
as the information contained in your November 8, 2606 letter. I have met with Scott McLendon with the
US Army Corps of Engineers to discuss these fina!ngs and the Corps concurs with the conclusions in this
letter.
We believe that there is no stream credit and no riparian wetland credit available on this site. The
site is characterized by non -riparian soil series (especially Rains, Pantego and Rutledge series) and is
located in an interstream divide (between the Lumber River and Gum Swamp). The LIDAR data show an
ill-defined low area at the southernmost part of the site — however, this feature lacks the clear crenulation
shape indicative of small stream valleys elsewhere in the area. The Plummer -Osier soil series occurs
primarily on second terraces of larger streams such as the Lumber River and Gum Swamp and is also
found surrounding interstream flats and Carolina Bays (which is the location of this series on this site). In
short, the site is an interstream divide and therefore would only provide non -riparian wetland mitigation.
We also believe that this is an excellent non -riparian wetland mitigation site since it will serve to
tie together two large, previously segmented wetlands. If you or EEP has the need for non -riparian
mitigation in this cataloging unit, we believe that this site is an excellent candidate to meet that need.
I can be reached at 919-733-9646 if you have any questions.
yours,
Dorney
Cc: Scott McLendon, Wilmington District US Army Corps of Engineers
Mike O'Rourke, Louis Berger Group, 1513 Walnut St., Suite 250, Cary, NC 27511
Jeff Jurek, NC Ecosystem Enhancement Program
Central files
Ken Averitte, Fayetteville Regional Office
File copy
401 Oversighl/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
0.
rCarolina
Michael F. Easley, Governor
William G. Ross Jr., Secretary
r—
North Carolina Department of Environment and Natural Resources
�i
"C
Alan W. Klimek, RE, Director
Division of Water Quality
November 29, 2006
Mr. Edward Samanns
Louis Berger Group
30 Vreeland Road e _ED
Florham Park, New Jersey 07932-1904 ' ` (,r?ECEIv
Dear Mr. Samanns: IEC 01 2006
RE: Division of Water Quality comments on Black Gum Stream Restoration Project ENHANCEMENT STEM
Robeson County ROGRAM
DWQ # 2006-1819
As you know, staff of the NC Division of Water Quality and the US Army Corps of Engineers
visited the site on October 20, 2006 at your and the Ecosystem Enhancement Program's request to make
a decision regarding the amount of stream and riparian wetland credits that may be available on this site.
if EEP continues to pursue its development as a compensatory mitigation site. In addition to our
observations that day, we have reviewed LIDAR maps, local topographic maps and aerial photos as well
as the information contained in your November 8, 2606 letter. I have met with Scott McLendon with the
US Army Corps of Engineers to discuss these fina!ngs and the Corps concurs with the conclusions in this
letter.
We believe that there is no stream credit and no riparian wetland credit available on this site. The
site is characterized by non -riparian soil series (especially Rains, Pantego and Rutledge series) and is
located in an interstream divide (between the Lumber River and Gum Swamp). The LIDAR data show an
ill-defined low area at the southernmost part of the site — however, this feature lacks the clear crenulation
shape indicative of small stream valleys elsewhere in the area. The Plummer -Osier soil series occurs
primarily on second terraces of larger streams such as the Lumber River and Gum Swamp and is also
found surrounding interstream flats and Carolina Bays (which is the location of this series on this site). In
short, the site is an interstream divide and therefore would only provide non -riparian wetland mitigation.
We also believe that this is an excellent non -riparian wetland mitigation site since it will serve to
tie together two large, previously segmented wetlands. If you or EEP has the need for non -riparian
mitigation in this cataloging unit, we believe that this site is an excellent candidate to meet that need.
I can be reached at 919-733-9646 if you have any questions.
yours,
Dorney
Cc: Scott McLendon, Wilmington District US Army Corps of Engineers
Mike O'Rourke, Louis Berger Group, 1513 Walnut St., Suite 250, Cary, NC 27511
Jeff Jurek, NC Ecosystem Enhancement Program
Central files
Ken Averitte, Fayetteville Regional Office
File copy
401 Oversighl/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
0.
rCarolina

Appendix C
Mitigation Work Plan Data and Analyses

#*#*
!(
!(
!(
!(B-4
B-1
B-2
B-3
DP #1
DP #2
NC OneMap, NC Center for Geographic Information and
Analysis, NC 911 Board
Source: NC Orthoimagery, 2013.
SOIL PROFILE DESCRIPTIONS AND WETLAND DATA POINTSBLACK GUM SWAMPROBESON COUNTY, NC ±0 600300
Feet
!(Soil Profile Locations
#*Wetland Data Points
Project Easement (147.5 ac)
Existing Wetland (9.98 ac)
Hydric Soils With Hydrologic Indicators (9.64 ac)
Hydric Soils Without Hydrologic Indicators (15.77 ac)
Hydric Soils - Filled (1.96 ac)
Client: Date:
Project: Project #:
County: State:
Location:Site/Lot:
Soil Series:
Soil Classification:
AWT: 25"SHWT:Slope:Aspect:
Elevation:Drainage:Permeability:Moderate slow
Vegetation:
Borings terminated at 55 Inches
HORIZONDEPTH (IN) MATRIXMOTTLESTEXTURESTRUCTURECONSISTENCE BOUNDARY NOTES
Fill 0-210YR 4/2 fsl x fill
2-610YR 4/1 fsl
6-1210YR 4/1 c2f10YR 5/6 c2dsl
10YR 2/1
12-1610YR 2/1 loam1 Cg high Om 15%
16-2010YR 4/1 sl1 m Sble
20-2510YR 4/7.5YR 6/6 c2dsl1 m Sble
25-3610YR 5/1 scl
10YR 5/110YR 5/8 c2dscl2 m Sble
36-5010YR 7/110 YR 5/8 f1dscl2 m Sble
50-5510YR 7/1 s sg
DATE:
Soybeans
COMMENTS:
DESCRIBED BY: SFS
Winston Road, Maxton, NC Boring #1
0-2%
Poorly
SOIL PROFILE DESCRIPTION
KCI Associates of North Carolina, P.A.February 28, 2014
Black Gum Creek 16133502B SD.ED
Robeson NC
2/28/2014
Client: Date:
Project: Project #:
County: State:
Location:Site/Lot:
Soil Series:
Soil Classification:
AWT: 10"SHWT:Slope:Aspect:
Elevation:Drainage:Permeability: Moderate and moderate slow
Vegetation:
Borings terminated at 48 Inches
HORIZONDEPTH (IN) MATRIXMOTTLESTEXTURESTRUCTURECONSISTENCE BOUNDARY NOTES
0-6.510YR 3/110YR 5/6 f1dl
6.5-1310YR 4/110YR 5/6 c2dscl2 m sblemfr5%heavy scl - angals pin corpali
13-2010YR 4/110YR 5/6 c2dsclmfi10-20%
20-3610YR 5/210YR 5/6 c2dsclmfi5%
36-4810YR 7/1sclmassivemfi
sandsgmfi
DATE:2/28/2014
Poorly
SOIL PROFILE DESCRIPTION
KCI Associates of North Carolina, P.A.February 28, 2014
Black Gum Creek 16133502B SD.ED
Robeson NC
Soybeans
COMMENTS: seepage of H2O at 10", no oxidized roots
DESCRIBED BY: SFS
Winston Road, Maxton, NC Boring #2
Client: Date:
Project: Project #:
County: State:
Location:Site/Lot:
Soil Series:
Soil Classification:
AWT: 15"SHWT: Slope: Aspect:
Elevation:Drainage: Permeability:
Vegetation:
Borings terminated at 42 Inches
HORIZONDEPTH (IN) MATRIXMOTTLESTEXTURESTRUCTURECONSISTENCE BOUNDARYNOTES
0-510YR 3/1sl
5-1210YR 5/110YR 5/6 c2dsl1 f sble
12-1510YR 6/110YR 5/6 c2dsl1 f sble
15-3010YR 6/1sl
30-4210YR 7/110 YR 6/4 c2dslmass
42-10YR 7/1ssg

DATE:2/28/2014
Poorly
SOIL PROFILE DESCRIPTION
KCI Associates of North Carolina, P.A.February 28, 2014
Black Gum Creek16133502B SD.ED
Robeson NC
Soybeans
COMMENTS: sat'd 15", 24"
DESCRIBED BY: SFS
Winston Road, Maxton, NCBoring #3
0-2%
Client: Date:
Project: Project #:
County: State:
Location:Site/Lot:
Soil Series:
Soil Classification:
AWT: 18"SHWT: Slope: Aspect:
Elevation:Drainage: Permeability: moderately slow
Vegetation:
Borings terminated at 42 Inches
HORIZONDEPTH (IN) MATRIXMOTTLESTEXTURESTRUCTURECONSISTENCE BOUNDARYNOTES
0-6.510YR 2/1mlmfr
6.5-1510YR 2/1lcoarse sand
15-201-YR 4/1sl1m sblemfr
20-4410YR 4/1scl1 m sble
44-5010YR 7/2cmassm
DATE:2/28/2014
SOIL PROFILE DESCRIPTION
KCI Associates of North Carolina, P.A.February 28, 2014
Black Gum Creek16133502B SD.ED
Robeson NC
Soybeans
COMMENTS: water ___ in hole at 18"
DESCRIBED BY: SFS
Winston Road, Maxton, NCBoring #4
1652 Mail Service Center, Raleigh, North Carolina 27699-1652
Phone: [phone] \ Internet: www.ncdenr.gov
An Equal Opportunity \ Affirmative Action Employer – Made in part by recycled paper

North Carolina Department of Environment and Natural Resources

Pat McCrory Michael Ellison, Director
Governor Ecosystem Enhancement Program
Governor
John E. Skvarla, III
Secretary

To: Todd Tugwell, IRT Chair

From: Heather Smith, EEP Eastern Project Manger

Subject: IRT ACTION AGENDA ITEM
Rehabilitation of Non-Riparian Wetlands (Black Gum Creek)
Lumber 03040203 Robeson County

Date: July 2, 2014

Black Gum Creek is an EEP site that is currently in agriculture. There are two large ditches along either side
of the field which have a draining effect on the site. There are approximately 10 acres within the 147 acre
parcel, exhibiting hydric soils and wetland hydrology indicators. The hydrology indicators noted on-site are
ponded water, saturated soil above 12”, and gauge data from 2014 growing season.

To place the property acquisition by EEP in perspective, this project began as a full delivery in 2005 for
10,000 linear feet of stream. No wetland credit was proposed by the Provider. Easement acquisition occurred
prior to the completion of the Restoration Plan. When the Plan was provided from the Provider to EEP,
much debate between the Provider, agencies, and EEP ensued. The concerns related to the application of the
stream design. After much debate, the Provider requested cancellation of the full delivery contract. Since
the easement was already acquired, the easement remained with EEP. Agency comments at that time
indicated that wetland mitigation seemed more plausible than stream.

EEP Staff met on-site with Todd Tugwell, Tyler Crumbley, Mickey Sugg and David Bailey on 4/15/2013 to
discuss Black Gum Creek. At the conclusion of the site visit, it was decided that the areas exhibiting both
hydric soils and wetland hydrology were suitable for non-riparian wetland rehabilitation. In addition, the
areas where wetland hydrology was restored and planted were acceptable for wetland restoration. EEP has
determined that restoring wetland hydrology to some of the drained hydric soils is not feasible. This is due
to the potential for hydrologic trespass. EEP would like to proceed by utilizing wetland rehabilitation option
for 9.9 acres of the 147 acre site. Below is an explanation of the information gathered in the last year for the
boundaries of non-riparian wetland rehabilitation.

KCI conducted a detailed examination of soils on-site looking for hydric soils and hydric soils with wetland
hydrology indicators. Additionally, five gauges were installed by EEP on-site in March 2014. The gauge
data was downloaded from 5 gauges and some of the areas deemed not to have wetland hydrology by KCI are
exhibiting greater than 5% wetland hydrology. The growing season for Robeson County is 228 days, 5% of
the growing season is 11.25 days. The rainfall according to the Red Springs rain gauge measured above
average rainfall for the months of January, March and April. February and May were between the 30 th and
70th percentile. The following are the consecutive days at or above a 12” groundwater table:
Gauge 1- 46 days (20.2%)
Gauge 2- 10 days (4.4%)
Gauge 3- 12 days (5.3%)
Gauge 4- 52 days (22.8%)
Gauge 5- 23 days (10.1%)
Gauges 1-4 were placed in areas considered (by KCI) to be drained hydric soils and Gauge 5 was placed in an
area considered to have hydric soils and wetland hydrology. EEP is presenting a conservative area of wetland
rehabilitation due to the above average rainfall at the beginning of the growing season.
Based on this information and removing the estimated alignment of the powerline easement the site could
generate 6.6 Non-Riparian WMUs at 1.5:1 ratio for wetland rehabilitation. (Please see attached map) If this
preliminary plan is acceptable to the IRT the EEP will develop an abbreviated, revised mitigation plan which
will included a formal USACE Jurisdictional Determination, planting of the site, and monitoring of
hydrologic and vegetation parameters for 5 years.
REQUESTED IRT ACTION:
Prior to formal submittal of a revised mitigation plan, the EEP is seeking the IRT’s agreement for the above
strategy.
GAUGE 5
GAUGE 4
GAUGE 3
GAUGE 2GAUGE 1 µ
Legend
Non-Rip Wetland Rehabilitation
Conservation Easement
Powerline
GaugesÜ
Black Gum Creek Wetland Rehabilitation
GAUGE 5
GAUGE 4
GAUGE 3
GAUGE 2GAUGE 1
µ
Pre-Monitoring Groundwater Gauges
0 900 1,800450 Feet
Legend
Black Gum Creek Easement
Gauges
-30
-25
-20
-15
-10
-5
0
5
10
Gr
o
u
n
d
w
a
t
e
r

D
e
p
t
h

(
i
n
c
h
e
s
)

Date
Gauge 1 Hydrograph
Gauge 1
12"
Growing Season
46 days 20.2%
-30
-25
-20
-15
-10
-5
0
5
10
3/15/2014 4/14/2014 5/14/2014 6/13/2014
Gauge 2 Hydrograph
Gauge 2
12 inches
Growing Season
10 days 4.4%
-30
-25
-20
-15
-10
-5
0
5
10 Gauge 3 Hydrograph
Gauge 3
12"
Growing Season
12 days 5.3%
-20
-18
-16
-14
-12
-10
-8
-6
-4
-2
0
3/15/2014 3/25/2014 4/4/2014 4/14/2014 4/24/2014 5/4/2014 5/14/2014 5/24/2014 6/3/2014 6/13/2014
Gauge 4 Hydrograph
Gague 4
12"
Growing Season
52 days 22.8%
-35
-30
-25
-20
-15
-10
-5
0
5
10 Gauge 5 Hydrograph
Gauge 5
12"
Growing Season
23 days 10.1%

Appendix D
Project Plan Sheets
µ
0 1,300 2,600650Feet
Legend
Proposed Monitoring Locations
Type
Gauge
Veg Plot
Planting Areas
Powerline