20080229 Ver 2_Mitigation Plans_20080208

Forrest Creek Mitigation Bank
Mitigation Plan (Updated for
404/401 Permit Application)
Orange County, North Carolina
Prepared for:
Mid-Atlantic Mitigation, LLC
January 2008
©Kimley-Horn and Associates, Inc. 2008
Forre~~t Creek Mitigation Banging Mitigation Plan, Orange County, No~rtb CaroAina
Mid Atlantii Mitigation, LLC 1

Table of Contents
1.0 Introduction .......................................................................................................................... 3
2.0 Bank Goals and Objectives ................................................................................................ .. 3
3.0 Ownership of Bank Lands ................................................................................................. .. 5
4.0 Bank Size and Criterion of Resources Proposed for Inclusion in the Bank ........................ 5
5.0 Description of Baseline Conditions at the Bank Site ........................................................... 6
5.1 Site Description ................................................................................................................ 6
5.2 Geology ............................................................................................................................ 6
5.3 Soils ..................................................................................................................................7
5.4 Hydrology and Water Resources ...................................................................................... 7
5.5 Existing Vegetation and Invasive Species ....................................................................... 7
5.6 Jurisdictional Streams and Wetlands ................................................................................ 8
5.7 Flood Mapping ................................................................................................................. 9
5.8 Cultural Resources ........................................................................................................... 9
5.9 Protected Species .............................................................................................................. 9
5.10 Environmental Issues .................................................................................................. 10
6.0 Geographic Service Area ................................................................................................... 10
7.0 Aquatic Resource Impacts Suitable for Compensation ..................................................... 10
8.0 Methods for Determining Credits and Debits .................................................................... 11
9.0 Accounting Procedures ...................................................................................................... 13
10.0 Performance Standards for Determining Credit Availability and Bank Success .............. 13
11.0 Reporting Protocols and Monitoring Plans ........................................................................ 15
11.1 Stream Channel Assessment ....................................................................................... 15
11.2 Vegetation ................................................................................................................... 16
11.3 Frequency ................................................................................................................... 17
12.0 Contingency and Remedial Actions and Responsibilities ................................................. 17
13.0 Financial Assurances ......................................................................................................... 17
14.0 Provisions for Long-Term Management and Maintenance ............................................... 18
List of Figures
Figure 1.
Figure 2.
Figure 3.
Figure 4.
Vicinity Map
Existing Conditions
Soils
Flood Mapping
List of Appendices
Appendix A. Model Easement
Appendix B. Description of Stream Restoration and Enhancement Level I
Appendix C. Riparian Area Restoration
Appendix D. Photo Log
Attachments
Restoration Drawings
Forrest Creek Mitigation Banking Mitigation Plana, Orange County, North Carolina
Mil-Atlantic Mitigation, LLC 2

1.0 Introduction
Mid-Atlantic Mitigation, LLC (Sponsor) respectfully submits this Mitigation Plan for the
mitigation banking agreement associated with the Forrest Creek Mitigation Bank (Bank) in
Orange County, North Carolina. The project intends to restore and preserve approximately
10,200 linear feet of Forrest Creek and its associated tributary. The purpose of this mitigation is
to provide the North Carolina Ecosystem Enhancement Program (EEP) and/ar other potential
unknown permittees with mitigation credits needed to compensate for unavoidable impacts to
jurisdictional streams within the Neuse River Basin (HUC 03020201). The intent of this
Mitigation Plan is to provide regulatory agencies with sufficient information on the
establishment and operation of the Bank and to initiate regulatory review through establishing a
Mitigation Bank Review Team (MBRT) with its sponsor, Mid-Atlantic Mitigation. It is expected
that this Mitigation Plan will be the basis of a formal Mitigation Banking Instrument (MBI).
This Bank offers the opportunity to greatly enhance and improve the ecological conditions of the
regional watershed. The Bank will provide viable and sustainable ecological and hydrological
functions for the proposed mitigation bank service area. It will be effectively managed in
perpetuity and will not impact or degrade any areas with high ecological value. Due to the
existing conditions, the site has a very high probability of meeting the prescribed success criteria,
while also meeting the requirements of all other applicable federal and state laws. The adjacent
land uses will not adversely affect the perpetual viability of the mitigation bank. This Mitigation
Plan details the above-mentioned information as it relates to the site. The sponsor, Mid-Atlantic
Mitigation, does not anticipate any problems meeting the prescribed financial responsibility
requirements.
2.0 Bank Goals and Objectives
The Bank is part of HUC 03020201 located in Orange County near Hillsborough, North Carolina
(Figure 1). The project area is situated in its entirety, within the Piedmont Physiographic
Province. Ultimately, the Bank will improve the overall fiinction, habitat, and integrity of the
Forrest Creek channel and floodplain. The mitigation plan will include the restoration (including
the dimension, pattern, and profile), enhancement, and preservation of Forrest Creek and one of
its tributaries. Narrow areas of riverine wetlands may be restored and/ar created for additional
habitat diversity in areas of the old, abandoned channels.
Forrest Creek is classified by the North Carolina
Division of Water Quality (NCDWQ) as WS II (water '``,' ~;.`` ~ ~ ~ ~ ~~ " ~~ :~ ~~"~
supply II), HQW (high quality waters) and NSW ~` ~'~ - ge'~~
(nutrient sensitive water). As such restoring and ~''
protecting the stream and riparian area function that
have been severely degraded by the existing cattle ~ ~~;~
Forrest Creek Mitigation Bartkin~ ~blitigatlon Plan, Orange County, 1~rorth
t~li~l Atlantic Mita~ation, LLC 3

operation is paramount to maintaining the uses of Forrest Creek. The local Soil and Water
Conservation District has implemented a plan to help prevent cattle from entering riparian areas
by providing a completely fenced cattle path between certain pastures on the property.
Establishing the Bank would completely prevent cattle from accessing both of the streams and
riparian areas adjacent to the streams as well as restoring, enhancing and preserving these
systems where appropriate so that these systems can have their proper ecological functions. The
objective of the restoration plan is to restore the primary stream and riparian area functions and
values associated with nutrient removal and transformation, sediment retention, flood-flow
attenuation, native species communities, and wildlife (both aquatic and terrestrial) habitat. In
particular, the Bank provides an opportunity to restore and preserve a substantial riparian zone
on lands that have been historically used for pasture, as noted on the aerial photograph of the site
(Figure 2). Water budgets including HEC-RAS and any other appropriate models will be
prepared for the site to verify that conditions are favorable for the proposed stream mitigation
area.
Stream restoration will follow methodologies consistent with natural channel design protocols
and the multi-agency Stream Mitigation Guidelines (Apri12003). In addition, riparian buffers
ranging from 50 to 150 feet in width will be established along both sides of Forrest Creek and its
tributary. The riparian buffer will be designed to restore targeted natural communities that are
based on comparison of existing site conditions with established type communities (Schafale and
Weakly) with verification of appropriate species from proximate reference natural communities.
Planted species will be grown from local genetic stock from apre-screened nursery within the
same climatic zone in an area within 200 miles north and south of the site. To assure that desired
species will be available for planting, the planting list will be developed and target plants will be
ordered from the nursery prior to the growing season preceding restoration activities. A list of
planting alternates will be created as a contingency in case specific species of pre-ordered plants
are not available or acceptable for installation. The buffers help to filter pollutants and nutrients
before entering the channels. This, along with stream restoration will aid in reducing the overall
sediment inputs at the site, as well as downstream. In addition, cattle from the on-going dairy
farm will be fenced out of the project area. This will reduce nutrient loading and bank erosion.
Restoration of the channels will include restoring the dimension, pattern and overall profile (see
Appendix B and attached restoration drawings). Natural structures consisting of rock cross
vanes, single-arm rock vanes and rootwads will assist in channel stabilization and provide habitat
for wildlife, both aquatic and terrestrial. Floodplain benches will be established along both sides
of the channels to provide an area for flood attenuation. As a result, more area will be available
for flood storage without the increase of flood elevations. -
The length of the stream proposed as preservation is mostly stable with an established riparian
buffer. Most of the buffer contains native and target plant species with few instances of invasive
or noxious species. The watershed is classified as WSII, HQW, and NSW making the stream a
valuable resource with the highest uses. As such, this section of the stream in a good candidate
for preservation.
Forree~t Creek Mltigatiota Banking Mitigation Plan, Orange Coaanty, North Carolina
Mir[-Atlantic Mitigation, LLC 4

3.0 Ownership of Bank Lands
The Bank covers three parcels owned by Milton A. Latta & Sons Dairy Farms, Inc. The
landowner has agreed to allow the stream restoration and to place the land under a permanent
conservation easement so that the site will be protected in perpetuity (Appendix A). Specific
information regarding the ownership status is provided in the chart below. The sample
conservation easement can be found in Appendix A. Parcel locations are presented on Figure 2.
Initially, Mid-Atlantic Mitigation will hold and enforce the easement with the USAGE acting as
a third party. Once all of the credits are sold and prior to formal bank closure a mutually
agreeable long-term land steward will be identified to hold the conservation easement. Entities
such as the Orange County Soil and Water Conservation District, the Triangle Land
Conservancy, or the NCEEP are examples of such potential holders.
Current Owner Address Pin No. Total Acreage of Tract Tract
No.
ti~hltrni 1 Latta & ~2U0 Edmund Latta

Sons llair~°
Road, Hillsborough,
9876497735 ?57?4 'Total
255370
(Only floodplain acres will be purchased)
Farms, Inc. 1~iC, 27278
69.82 Total
9877601770
Onl ~ flood lain acres will be urchased 228743
65.88 Total
9876678660 ~653~~
Onl ~ flood lain acres will be urchased
Real Estate Provisions: The Sponsor shall provide for the perpetual protection and preservation
of the Forrest Creek Mitigation Bank through a permanent conservation easement. This
document will be based on the USAGE and/or NCEEP model document with the language
modified to allow for existing and proposed cattle crossings easements or other specified access.
These areas will be specifically identified and excluded from the conservation easement and will
not generate mitigation credit. A copy of the conservation easement to be used as the standard is
included as Appendix A. The USAGE will be given notice that all easements have been
recorded with the appropriate entity. This notice shall include a copy of a sample completed
document and a list of all properties on which these conservation documents were recorded.
4.0 Bank Size and Criterion of Resources Proposed for Inclusion in the
Bank
The proposed bank size covers approximately 25 acres with 10,200 linear feet of stream channel
associated with Forrest Creek and one of its tributaries. The Forrest Creek channel is denoted as
a perennial "blue line" stream on the US Geological Survey (USGS) 7.5 Minute Topographic
Quadrangle maps Caldwell and Hillsborough, NC and the Orange County Soil Survey (Dunn,
1977). The unnamed tributary of Forrest Creek is also shown on both the USGS and the Soil
Survey maps. Mid-Atlantic Mitigation estimates that approximately 6,825 linear feet of
Forrest Cree,~ tY7iti~atiora Bayiki~zo [tilitigatio~ Plan, Ora~z~e Coun_ly, North Carolt~aa
tL'Ii~l-Atla~ztii i~liti~catio~t, LL.C 5

restoration, 325 feet of Enhancement Level I and 3,005 linear feet of stream preservation will be
provided within the site's boundaries. Please refer to Section 8 for an assessment of stream
mitigation credits.
There are presently no wetlands classified by the USFWS National Wetland Inventory on site.
The majority of the site consists of pastureland. A recent, wetland delineation found one wetland
area along the extreme northwestern portion of the property. This area may be included in the
MBI as preservation. It is associated with the Forrest Creek channel.
5.0 Description of Baseline Conditions at the Bank Site
5.1 Sife Description
The Bank is located approximately seven miles
northeast of Hillsborough and six miles
northwest of Durham in northeastern Orange
County, North Carolina (Figure 1).
Specifically, the site is situated along both sides
of Edmund Latta Road. The site is
characterized by a variable floodplain
associated with Forrest Creek which is
bordered by moderately sloping terrain along
both sides. Forrest Creek transects the site in a
southeasterly direction. The creek and one of
its unnamed tributaries drain the majority of the
area associated with the site. Elevations range
from a high of 620 feet above mean sea level at the northwestern site boundary,
Latta Road, to a low of approximately 600 feet above mean sea level in the Forrest Creek
floodplain, downstream of the Edmund Latta Road crossing. Its drainage area covers
approximately 3.6 square miles. The primary land use within the study area is pastureland with
active cattle grazing.
5.2 Geology
The site is located in the Piedmont physiographic province and is composed of metavolcanic
rocks of the Carolina slate belt and eastern slate belt. According to the NC Division of Land
Resources (NCDNR, 1985), the Bank is underlain by felsic metavolcanic rock with mafic and
intermediate volcanic rocks. Moderately wide to narrow, rolling, interstream divides, intermixed
with steeper slopes along well-defined drainage ways, characterize the landscape.
Forrest Cree,~ ll7iti~ation Banki~ag ~Vlitigatioa P/air, Orange Cor~nty, 1~'ortb Caro/ina
Mid-Atla~zti~ ~lliti~atiarr, LLC 6
west of Edmund

5.3 Soils
The soils underlying the site and adjacent areas are mapped as the Georgeville-Herndon
association, comprised of gently sloping and sloping, well drained soils that have a surface layer
of slit loam and a subsoil of clay loam, silty clay, silty clay loam, and clay (Dunn, 1977).
Based on the soil survey of Orange County, Chewacla soils dominate the floodplain areas
associated with Forrest Creek and its unnamed tributary (Figure 3). Chewacla soils are classified
by the NRCS as fine-loamy, mixed, active, thermic Fluvaquentic Dystrudepts. These soils are
somewhat poorly drained soils formed in recent alluvium on nearly level floodplains along
streams that drain from the Mountains and Piedmont physiographic provinces. Slopes range from
0 to 2 percent. Chewacla soils are noted as Hydric B soils (NRCS, 2000).
5.4 Hydrology and Water Resources
Forrest Creek and its tributary are part of the upper Neuse River Basin, situated within US
Geological Survey (USGS) Hydrologic Unit Codes (HUCs) 03020201020020 (USGS 14 digit)
and 03020201 (USGS 8 digit), and NC Division of Water Quality (NCDWQ) subbasin 03-04-01.
Forrest Creek is a third order stream that enters the site from the northwest and flows in a
southeasterly direction approximately 8,000 linear feet across the site. One unnamed tributary
enters Forrest Creek from south within the project area. Upstream of the site, Forrest Creek
collects surface hydrology from several unnamed tributaries. The calculated drainage area of
Forrest Creek is approximately 3.6 square miles. Further downstream of the site, Forrest Creek
empties into South Fork Little River, which converges with North Fork Little River to form the
Little River north of Durham. The Little River ultimately drains into the Neuse River.
According to the North Carolina Department of Environment and Natural Resources (NCDENR,
1999), South Fork Little River exhibits an Index of Biotic Integrity (NCIBI) rating of
"Excellent." No ratings are available for Forrest Creek. This excellent rating was issued in 2000
and incorporates information about species richness and composition, indicator species, trophic
function, abundance and condition, and reproductive function. The ratings are translated into use
support ratings, which denote that the South Fork Little River is supporting. This information
was taken at SR 1461 approximately 10 miles downstream of the site. The surface water
classification of South Fork Little River, including Forrest Creek and its tributaries, is Class WS-
II, HQW, NSW (NCDENR, 2002). It should be noted however, that~the actual condition of
Forrest Creek does not reflect this classification. The length of the stream proposed for
restoration is severely degraded, lacks effective cattle exclusion, and has little to no riparian
buffers along this reach. This project should assist with providing additional protection to the
overall watershed.
5.5 Existing Vegetation and Invasive Species
Three regions define riparian mitigation opportunities within the Forrest Creek watershed
(Figure 2). Region 1 includes the stream preservation located in the northern section of the site.
Region 2 includes two areas: the section of the tributary to Forrest Creek that runs from the
Forrest Creek Mitigation Banking Mitigation Plan, Orange County, 1Vorth Carolina
Micl Atlantic Mitigation, LLC 7

parcel boundary separating wooded area with pasture to the confluence with Forrest Creek and
the section of Forrest Creek between the preservation reach and Edmund Latta Road. Region ?
includes the remaining sections of Forrest Creek and its tributary.
Region 1 covers a wide buffer surrounding the stream. Native woody vegetation such as
hackberry (Celtic laevigata), tulip poplar (Liriodendron tulipifera), sycamore (Platani~s
occi~lentalis), eastern red cedar (Jctiniperats virginiana) and sweetgum (Li.q~tii~lambar styraciflua)
dominate Che canopy and understory. Some invasive species also compose a portion of the
community; however, the species do not appear to be dominant or spreading in any areas
reviewed.
Region 2 covers a mostly 50 foot buffer surrounding the stream. A significant population of
invasives including privet (Ligustrum sinense), multiflora rose (Rosa rnultiflora), Japanese
honeysuckle (Lonicera japonica), Japanese Stilt Grass (Mircostegium vimineum), Tree-of-
Heaven (Ailanthus altissima), and Princess Tree (Paulownia tomentosa) compromises the
integrity of the natural community. As part of the Restoration and Enhancement Level I
activities the invasives will be removed and supplemental planting of naturally existing species
will be provided to enhance the riparian buffer.
Region 3 consists of predominantly herbaceous species including fescue (Festuca sp.) with a
strip of woody vegetation that rarely extends beyond 10 feet from the top of bank. Both native
and invasive tree species comprise Region 3. The trees live within an unstable high energy
environment. The accelerated erosion of the stream banks makes these trees vulnerable to
falling. These areas will be restored and planted as described above in Section 2.0, Appendix C,
and the attached restoration drawings.
5.6 Jurisdictional Streams and Wetlands
Forrest Creek is considered as a third order stream, while the tributary is first order. They both
classify as "G" and/or "F" stream types, using the Rosgen stream classification system. These
stream types are entrenched and exhibit signs of high shear stress through each stream reach.
Active erosion is present throughout both of the stream channels.
Based on the site visit July 25, 2006, Forrest Creek and the unnamed tributary had flowing water
with fish and other aquatic species. As such, it is assumed that the systems are perennial
considering the time of year.
The US Army Coips of Engineers (USAGE) and
NC Division of Water Quality (NCDWQ) will
verify the existing streams and wetlands at the site.
This verification will be conducted as part of the
Restoration Plan approval and permitting. Forrest
Creek and one of its tributaries fall under the
jurisdictional requirements issued by both the
USAGE and NCDWQ. Mid-Atlantic Mitigation
has determined that jurisdictional wetlands exist
~'
Forre~~t Cree,~ s~Litigatiorz Bankiiag LVlitigati~~a Plnn, Ora~zge Coaryzl,~, North
tblirl ~tlcrntio [Vlitioc~tion, LLC 8

within the Forrest Creek floodplain upstream of the Edmund Latta Road crossing. These
wetlands and associated stream channel will be preserved as part of the mitigation bank. No
wetlands exist within the proposed stream restoration areas due to the existing land use, current
vegetation and soil types.
It is anticipated that a Nationwide Permit No. 27 with the corresponding Water Quality
Certification will be required. Additionally, it is anticipated that a Sedimentation and Erosion
Control Permit and the corresponding NPDES Stormwater Permit will also be required. No other
Federal or State permits or approvals are anticipated.
5.7 Flood Mapping
Portions of the Bank, including the channel of Forrest Creek and its immediate floodplain are
located within the newly determined Federal Emergency Management Association's (FEMA's)
designated floodway and approximate 100-year flood boundary. These areas are inundated by
the 100-year flood. As a result, permitting may require the completion of a no-rise certification
or a Conditional Letter of Map Revision (CLOMR) be completed prior to construction. A copy
of the FEMA map is provided in Figure 4.
5.8 Culfural Resources
A review of properties to be determined eligible for the National Register of Historic Places at
the State Historic Preservation Office (SHPO) was conducted for the study area and surrounding
areas. According to the files, there are no National Register properties within aone-mile radius
of the study area. In addition, the SHPO Archaeological Section was contacted in order to
determine if documented archaeological sites occur at or near the study area. No sites were
identified within aone-mile radius of the study area. Mid-Atlantic Mitigation will seek a
clearance letter from the SHPO prior to implementing the restoration plan.
5.9 Protected Species
According to the US Fish and Wildlife Service (USFWS), there are four endangered species
(red-cockaded woodpecker, dwarf wedge mussel, Michaux's sumac, and smooth coneflower)
and thirteen federal species of concern (Carolina darter, Carolina redhorse, Atlantic pigtoe, brook
floater, Carolina well diacyclops, Green floater, savanna lilliput, yellow lampmussel, butternut,
creamy tick-trefoil, sweet pinesap, Torrey's mountain-mint, and a liverwort) potentially
occurring in Orange County. In addition, The NC Natural Heritage Program (NCNHP) identifies
another 10 species listed as endangered, threatened, or of special concern species also potentially
occurring in the county. A review of the NCNHP database of documented occurrences did not
reveal the presence of any of the aforementioned species within aone-mile radius of the site.
Preliminary field investigations did not identify suitable habitat for any of the species listed as
federally endangered or federal species of concern. During additional field visits, field
Forrest Cree,~ ~Vlitidation Banking Mitigation Plan, Ora~age County, North Carolina
Mid-Atlantic Mitigatio~a, LLC 9

investigators found no evidence of suitable habitat for the species listed above. As noted in a
letter date December 7, 2006 to Monte Matthews from Shari Bryant of the Habitat Conservation
Program (HCRj, the HCR notes that state and federal species of interest have been observed in
Forrest Creek or in downstream systems. In light of this, HCR states that they believe that
restoration will benefit the species but request that safeguards be implemented to protect
downstream species. Specifically, HCR requests that stream crossing are constructed with
minimum drops over the structures and that adequate sediment and control measures are
implemented during construction to reduce sediment runoff downstream. A Section 7 (ESA)
clearance will be sought prior to restoration activities.
5.10 Environmentallssues
The Mid-Atlantic Mitigation Team obtained preliminary data from Environmental Data
Resources, Inc. (EDR) regarding the potential for on-site or nearby sources of contamination.
EDR maintains an updated database of current and historical sources of contamination. All
storage tanks, whether above-ground or underground are identified, as well as superfund sites,
landfills, hazardous waste sites, and other potential hazards. No sites exist on their database
within aone-mile radius of the site.
6.0 Geographic Service Area
The Bank is situated within the upper Neuse River Basin, sub-basin 17, Hydrologic Unit Code
03020201, which corresponds to NCDWQ sub-basin 03-04-01. The drainage area of the site is
approximately 3.6 square miles. The geographic service area is proposed to include the entire
upper Neuse River Basin (HUC 03020201). Use of the Bank Site to compensate for impacts
beyond the geographic service area may be considered by the USACE or the permitting agency
on a case-by-case basis.
7.0 Aquatic Resource Impacts Suitable for Compensation
The proposed designs for the Bank will entail stream restoration, stream preservation and
wetland preservation. Wetland restoration, enhancement and/or creation credits may also be
available once designs are completed. The stream mitigation aspect will compensate for stream
impacts and/or losses to similar resources throughout the basin. Initially, wetland mitigation will
consist primarily of preservation, but this may be revised as restoration plans are developed.
Mid-Atlantic Mitigation and the MBRT will determine the actual formula for compensation,
since only minor amounts of restoration, enhancement, and/or creation will be proposed. A
proposed restoration summary is presented in Appendix B and C, and the attached restoration
drawings.
Forrest Cree,~ Mitigation Banking Mitigation Plan, Orange County, North Carolina
Mid-Atlantii [Mitigation, LLC 10

8.0 Methods for Determining Credits and Debits
According to the US Army Corps of Engineers (USAGE) and NCDWQ, Stream Mitigation Units
(SMUs) are determined by using the formula [SMU = (Restoration/1.0) + (Enhancement Level
U1.5) + (Enhancement Level IU2.5) + (Preservation/5.0)] as noted in the Stream Mitigation
Guidelines (USAGE, 2003). The Bank exhibits approximately 6,825 linear feet of restoration,
325 feet of Enhancement Level I, and 3,005 linear feet of stream preservation. The following
chart relates existing linear footage and anticipated SMUs for the Bank.
-
1'iv> cried Miti~aiti4n Type --- --
~,~r~+~ar_i~'cei - --
,- -- S~i ~'~~~ ~ta ' ,
Stream Restoration Forrest Creek and Tributa ~ 6,825 6,825
Stream Preservation Forrest Creek 3,005 601
Stream Enhancement Level I Forrest Creek 325 217
TOTALS 10,155 7,643
The preservation and restoration of streams and preservation of wetlands associated with the
Bank will follow guidelines established by the USAGE, Wilmington District. Mitigation bank
wetland credits, if available, will be calculated using the following methodology:
Restoration Acres (R) _ (1:1)
Enhancement Acres (E) _ (2:1)
Crearion Acres (C) _ (3:1)
Preservation Acres (I') _ (5:1)
Credit Release Schedule: Typically, fifteen percent (15%) of the projected credit total for the
Bank Sites developed as part of the Forrest Creek Mitigation Bank (other than preservation
acreage which are available in their entirety as described below) shall be available for advance
sale and debiting, provided the following minimum requirements have been satisfied; (i)
execution of the MBI by the Sponsor, the USAGE and the other agencies eligible for
membership in the MBRT who choose to execute the agreement; (ii) the Mitigation Plan has
been approved; and (iii) a conservation easement/declaration of restrictions (as described
previously in the Prospectus) is placed on the Bank Site; and (iv) appropriate financial
assurances of a type and amount acceptable to the USAGE and the MBRT have been established,
if necessary. Credit release shall begin as soon as the above conditions have been met.
Stream Restoration and Enhancement Credit Release:
^ 15% for items i through iv, above.
^ Construction release:
10 % upon completion of all initial physical and biological improvements made pursuant
to the mitigation plan: (25% cumulative)
^ After year 1: (35% and 45% cumulative)
10% if no bankfull event occurs: 20% if bankfull event has occurred, channel is stable
and all other success criteria met.
^ After year 2: (45% and 55% cumulative)
Forrest Creek Mitigation Banking Mita~atiai Plan, Orarade County, Noah Carolina
~ti1id-Atlantic ~~litigation, LLC 11

10% if the first bankfull event occurred in a previous year or a bankfull event does not
occur in this year. 20% if the first bankfull event occurs in this year, channel is stable and
all other success criteria met.
^ After year 3: (55% to 65% cumulative)
10% or 20% (same as year 2).
^ After year 4: (65% to 75% cumulative)
10% or 20% (same as year 2 and year 3)
^ After year 5: (90% to 100% cumulative)
25% if at least one bankfull event has occurred in the previous year(s). 35% if the first
bankfull event occurs in year 5 and the MBRT makes a determination of functional
success as defined in the mitigation plan.
The above schedule applies only to the extent the Sponsor documents acceptable survival and
growth of planted ..vegetation, attainment of acceptable wetland/stream conditions as described
under the success criteria in the monitoring section of the mitigation plan.
Preservation Credit Release:
For the portion of the Bank Site considered to be preservation, it is requested that 100% of the
credit be released immediately upon execution of the MBI by the Sponsor, the USACE, and
other agencies eligible for membership in the MBRT who choose to execute this agreement and
recordation of the preservation mechanism.
No wetland restoration or enhancement is proposed at this time; however, should any be
proposed during the design phase, the credit release schedule below would apply.
Wetlands Credit Release:
^ 10% after first year, if interim success measures are met (total 25%);
^ 10% after second year; if interim success measures are met (tota135%);
^ 10% after third year; if interim success measures are met (tota145%);
^ 15% after fourth year; if interim success measures are met (total 60%);
^ 15% after fifth year, if Success Criteria are met (total 75%); and
^ 25% after fifth year, if the bank site meets the overall objectives and Success Criteria
set forth in mitigation plan (total 100%).
Use of Credits
Decision-Making Authority for Use of the Bank:
The USACE is the regulatory authority for permit decisions pursuant to Section 404 of the Clean
Water Act, including determinations of compliance with the USACE permit regulations (33 CFR
Parts 320-330) and Section 404 (b) (1) Guidelines (40 CFR Part 230). NCDWQ also has been
designated the regulatory authority in North Carolina for issuing Water Quality Certifications for
wetlands and streams impacts through Section 401 of the Clean Water Act. NCDWQ has
developed mitigation requirements, as well, regarding wetland and stream impacts. NCDWQ
Forrest Creek Mitigation Banking Mitigation Plan, Orange Coainty, North Carolina
Mid-Atlarrtic Mitigation, LLC 12

has implemented rules for protecting stream buffers in the Neuse Basin that includes
requirements for mitigating impacts to riparian buffers. The USACE will determine the amount
of compensatory mitigation required for each 404 permit, and the equivalent number of credits
necessary to meet mitigation requirements and whether the Forrest Creek Mitigation Bank is
acceptable for use. To the extent that the Bank may be authorized for use under other Federal,
State, or local programs, the USACE, in consultation with the affected regulatory entity, will
determine the eligibility of projects to use the Bank on a case-by-case basis. The objective of the
Bank is to meet the USACE and NCDENR waters of the US, water supply watershed, and future
buffer mitigation requirements.
9.0 Accounting Procedures
Mid-Atlantic Mitigation will maintain an annual bank ledger and will submit to the MBRT a
statement including the number of mitigation credits, dates awarded and the permit or file
number from the appropriate regulatory agency for each transaction. The report will be submitted
within two weeks of credit transfer.
10.0 Performance Standards for Determining Credit Availability and Bank
Success
Sponsor's Obligations: The Sponsor agrees to perform all necessary work, in accordance with
the provisions of the MBI to establish and/or maintain the Bank Site or phases of the Bank Site,
until (1) credits have been exhausted or banking activity is voluntarily terminated through
written notice by the Sponsor with approval of the USACE and MBRT; and (2) it has been
determined that the debited Bank Site has satisfied all the conditions in the MBI. It is anticipated
that the MBRT will provide official notification that a Bank Site has been "closed out" upon
receiving a request by Sponsor including documentation that the site can be closed out.
All mitigation plans and banking agreements will be submitted to the MBRT for approval prior
to bank transactions. Approval will require a demonstration of financial and legal assurances to
create and operate the mitigation bank by the bank sponsor. Monitoring of the restoration and
enhancement areas will be performed for five years or until success criteria are met. Monitoring
in the restoration and Enhancement Level I area is proposed for stream dimension, pattern and
profile, as well as riparian buffer vegetation. The monitoring plan will be in accordance with
USACE protocols.
Success criteria for stream mitigation sites are based on the Stream Mitigation Guidance (April
2003) established by the USACE, US Environmental Protection Agency (USEPA), NC Wildlife
Resources Commission (NCWRC) and the NCDWQ. These guidelines establish criteria for both
hydrologic conditions and vegetation survival.
Forrest Creek Miti~atiorr Ba~aking Mitigatiaz Plaiz, Ora~zge County, North Carolina
Mil f~tlantii Mitigafiion, LLC 13

Restored stream reaches: The restored stream geometry will be considered successful if the
cross-section geometry, profile, and sinuosity are stable or reach a dynamic equilibrium. It is
expected that there will be minimal changes in the designed cross sections, profile, and/or
substrate composition. Changes that may occur during the monitoring period will be evaluated to
determine if they represent a movement toward a more unstable condition (e.g. down cutting,
erosion, etc.) or are minor changes that represent an increase in stability (e.g. settling, vegetative
changes, coarsening of bed material, etc.).
An initial, though not exclusive, indicator of success will be adherence to design or reference
ratios of stream geometry found in the morphological table or in comparable and stable reference
systems.
Deviation from the design ratios will not necessarily denote failure as it is possible to maintain
stability and not stay within the design geometry. The following key indicators of stability
provide a more complete picture of stream stability:
^ Stream Type: Maintenance of the design stream type or progression or conversion to stable
stream type such as C or E will indicate stability
^ Bank Height Ratio: Bank height ratio between 1.0 and 1.1 will indicate flood flows have
access to the active floodplain and that higher flows do not apply excessive stresses to stream
banks
Erosion of upstream unstable stream banks will persistently contribute sediment to the project
reaches. The designer anticipates that the excess sediment will either be routed through the
project area or deposited in target areas such as point bars and the floodplain. Minor
sedimentation of pools and glides may occur. The pools are designed to be over dug to account
for some sedimentation.
Vegetation success will measure the likelihood of the reforested stands developing into the
communities specified in Appendix C. Stands that show progression towards a target species
composition and overall abundance will be considered successful. The target composition will
be the measure of reproductively viable populations of target species within the stand. A
majority (80%) of the targeted species should be present in the reforestation area in numbers and
condition conducive to continuing the species through the maturation of the community. The
population of noxious species will be kept below 10°Io of the total population. Abundance as
measured by the total population of species within the reforested area will meet USACE
guidelines for wetland and stream mitigation. Appendix E provides a listing of target species
and also provides a list of species not considered target species (non-target). For the purposes of
this mitigation plan, noxious species are defined as those plants listed in the Exotic Plant
Guidelines by Cherri Smith in 1998 for the North Carolina Department of Environment and
Natural Resources Division of Parks and Recreation.
Community composition and abundance will be tracked through plots measuring survival of
planted and recruited stems. Survivability will be based on 320 stems per acre after three years
and 260 stems per acre after five years. A survey of vegetation between June l and October 31
will be conducted annually over the five year monitoring period in order to verify survivability
of the installed plantings and recruited species. This survey will track the total mortality per
Forrest Creek Mitigation Banking Mitigation Plan, Orange Coairzty, North Carolina
Mid-Atlantic Mitigation, LL.C 14

species on an annual basis and be used to calculate survivability at the end of three and five
years. Total survivability of less than 320 stems/acre at the end of three years and less than 260
stems/acre at the end of five years or the depletion of a target species may require the installation
of additional plantings as replacement for the mortality. A finding of noxious species populations
greater than 10°Io of the survey may require site maintenance to remove the noxious species.
Vegetation monitoring and maintenance protocols as well as remediation plans introduced in this
Mitigation Plan will be developed in the restoration plans with on-going coordination with the
MBRT.
11.0 Reporting Protocols and Monitoring Plans
Monitoring of the Bank will be performed until success criteria are met as defined in the
restoration plans and the permits (for a minimum of five years). Monitoring is proposed for
hydrology, stream bank integrity, and vegetation. The monitoring plan will be designed in
accordance with the USACE Stream Mitigation Guidelines (2003). Results will be documented
on an annual basis, with the associated reports submitted to the MBRT as evidence that goals are
being achieved. Both Mid-Atlantic Mitigation and the MBRT, in coordination with the
appropriate regulatory agencies, will determine when the performance standards have been
achieved at the Bank. If standards are not met, the Bank sponsor, Mid-Atlantic Mitigation, will
perform appropriate remedial activities to satisfy the MBRT. Mitigation credit will be released
and utilized in accordance with a schedule approved by MBRT.
11.1 Stream Channel Assessment
The monitoring plan to evaluate the success of the stream restoration project is based on
guidance provided by The Stream Mitigation Guidelines disseminated by the United States
Corps of Engineers -Wilmington District and recommendation from the Ecosystem
Enhancement Program. The collection and summarization of monitoring data will be conducted
in accordance with the most current version of the EEP documents entitled "Content, Format,
and Data Requirements for EEP Monitoring Reports"
Upon completion of the restoration project, an as-built survey will be conducted that documents
the following conditions:
^ Geomorphology (dimension, pattern, and profile) "
^ Channel materials
^ Channel stability and in-stream structure functionality
^ Wetland hydrology
^ Vegetation (stream and wetland)
The survey of the longitudinal profile will represent distinct segments of restoration and will
cover a cumulative total of 3,000 linear feet of channel. Within these longitudinal profile
segments, channel dimensions will be surveyed at permanent cross sections. The cross sections
will be placed so that the spacing between the cross sections will approximately equal twenty
Forrest Creek Mitigation Banking Mitigation Plan, Orange County, Norte Carolina
Mid Atlantic Mitigation, LLC 15

(20) bankfull widths or less than 500 feet for narrow channels. The cross sections will represent
approximately 50% riffles and 50% pools. Annual photographs showing both banks and
upstream and downstream views will be taken from permanent, mapped photo points. Newly-
constructed meanders will be surveyed during the as-built survey to provide pattern
measurements. Channel material measurements will be collected by using pebble counts of the
permanent cross sections.
The entire restored length of stream will be investigated for channel stability and in-stream
structure integrity. Any evidence of channel instability will be identified, mapped, and
photographed. All structures will be inventoried for functionality and photographed.
The monitoring will occur annually for a minimum of five years. The monitoring period should
include two separate years with bankfull events. Bankfull events will be verified using an
installed crest gauge that will be inspected during each monitoring visit and after significant
storm events. If there are not two bankfull events, the monitoring period may be extended at the
discretion of the USACE, Raleigh Regulatory Field Office Project Manager and the NCDWQ
401-Wetlands Unit. Monitoring reports will be submitted during years 1-5.
11.2 Vegetation
Vegetation requirements state that 260 stems/acre representing a majority of target species must
be viable for success after the five year monitoring period. Should the performance criteria
outlined above not be met during the monitoring period, Mid-Atlantic Mitigation will provide the
MBRT with their remediation proposal, detailing corrective actions and/or maintenance actions
proposed and an implementation schedule for said actions, planned to meet the criteria. Upon
review and approval of said corrective measures by the MBRT, Mid-Atlantic Mitigation will
implement the necessary corrective measures.
Monitoring for the progress of vegetation restoration will follow protocol developed by the
Carolina Vegetation Survey (CVS) Leve12 inventory plots. Leve12 plots count planted stems
and total woody stems including recruits. The Level 2 inventory also assesses the health of the
inventoried vegetation. Modules, the standard area of inventory, cover a 100 square meter area.
The modules will be placed randomly throughout the restoration and enhancement areas. The
total area inventoried by the modules will compose 3 -5% of the total restoration and
enhancement area. Initial sampling will occur within 60 days of the plantings. The Year 1
monitoring will occur during September with subsequent year's samplings occurring between
June 1 and October 31. For each module, photos will be taken each year at permanent photo
points.
Noxious species will be identified and controlled so that none become dominant or alter the
desired community structure of the site. If noxious plants are identified as a problem in the site,
Mid-Atlantic Mitigation will develop aspecies-specific control plan for approval by the MBRT
prior to implementation.
Through coordination with the MBRT during the five-year monitoring period, Mid-Atlantic
Mitigation, where necessary, will remove, treat, or otherwise manage undesirable plant or animal
Forrest Creek Mitigation Banking Mitigation Plan, Orange Coarny, Nortb Carolina
Mid ~tlarztic Mitigation, LLC 16

species, including physical removal, use of herbicides, live trapping, confining wires, or nets.
The site will be fenced to keep cattle out of the mitigation areas.
All vegetation removal from the site shall be done by mechanical means only unless the MBRT
has first authorized the use of herbicides for the control of plants in or immediately adjacent to
the site.
11.3 Frequency
All monitoring reports will be submitted to the USACE, the MBRT's designated representative
for coordination with the appropriate regulatory agencies by December of each year. Reports will
be submitted to the MBRT by the end of each year unless a different report submittal date is
requested. The year of construction will have two submittals, one being the As-Built drawings
and the second being the First Year Annual Monitoring Report. It is understood that the USACE
will coordinate any monitoring report submittals with the MBRT and other appropriate
regulatory agencies. If monitoring reports indicate any deficiencies in achieving the success
criteria on schedule, a remedial action plan will be included in the annual monitoring reports.
Implementation of the remedial plan will be Mid-Atlantic Mitigation's responsibility. Mid-
Atlantic Mitigation will be available to coordinate any agency site visits, both before and after
restoration activities have been completed. Vegetative monitoring will be conducted during the
summer months of each monitoring year.
12.0 Contingency and Remedial Actions and Responsibilities
The annual monitoring report will note any conditions requiring remedial action and the probable
cause will be determined. The Bank sponsor, Mid-Atlantic Mitigation, will be responsible for
problems relating to design, construction and/or maintenance issues. The success of the
restoration, enhancement and preservation activities will be provided by Mid-Atlantic
Mitigation.
13.0 Financial Assurances
The Sponsor will provide security in the form of acceptable performance bonds or letters of
credit as described in the following paragraph to guarantee delivery of the minimum number of
Mitigation Units sold. The performance bonds must be obtained from a company licensed in
North Carolina with a Best's current rating of not less than "A -". The performance bonds will
follow the prescribed wording provided in N.C.G.S. § 44A-33.
The Sponsor must provide a performance bond for 55% of the total cost of the construction and
must be in effect and submitted with the executed conservation easement. This bond must remain
Forrest Creek Mitigation Banking Miti~alian Plan, Orange County, North Carolina
Mid-Atlantis ~tiliti~ation, LLC 17

in effect until the Sponsor has received written notification from the USACE that the
requirements pertaining to constnlction and planting described in the Mitigation Plan have been
met. After the project has been successfully constructed and planted according to the Mitigation
Plan, the bond can then be retired.
14.0 Provisions for Long-Term Management and Maintenance
The Bank sponsor, Mid-Atlantic Mitigation, will be responsible for maintaining the Bank until
all monitoring requirements have been met, but for at least five (5) years. At that time, the
MBRT may perform a final compliance visit to confirm that all success criteria have been met.
The Bank will be protected in perpetuity through a conservation easement (included in Appendix
A), prior to the Bank closure. The conservation easement will ensure that future activities
including agriculture, mining, dredging, timbering and development will not occur on the
restored site. The conservation easement will be transferred to a qualified long-term land steward
approved by the MBRT. The long term land steward will be responsible for managing the site in
perpetuity in accordance with terms and conditions of the approved conservation easement.
Possible land stewards include Orange County Soil and Water District, the Triangle Land
Conservancy, or the NCEEP.
Forrest Creek Mitigation Banking Mitigation Pla~z, Orange County, North Carolina
Nlirl-Atlantic Mitigation, LLC 18

FIGURES
Forrest Creek Mitigation Banking Mitigation Plan, Orange Counly, NortL~ Carolina
~l~1id-Atlantic Mitigation, LL,C

~:
-S
~; .~+, ' _ GREENS i-fENQ ON ~`~~
t ~~
' a
,,, ;.
oit
t
0 50 100 0 10-._~.~. 20
APEL HILL ~ _~._.__t._w.-~
Miles Miles
f ~~
~Pearson•Rd
m
rn
Y
Bradsher-Rd
woo .-
d CooP.Rd
Soh/e~
R~
Pimmark-Farms-Rd
a
a ~
Q-
86
r
U
0
ke~Orange Rd ~~
s~~
a
a~ La ~Ednirrnd-
`G ~~Jerieho-Rd o 3
~~ ~ annaia•Gir ~ O '
MincaY'Rd
rrP
`L / 1 f-1
a rooks Fd i..,
B~ ti
ca~~e`-Dr ~
i~
~Keman-Rd ~~ '11\\
PheWs.Rd_ ~ w~ ~ Y
r.Rrr a
a J`cr~
o~ ~~ ocGr
o ~ ray
lac 3m ~e~;~
GV° _`,
5,
v
.NC-86 N €
57 ~I ^.
~~
e`` ~d Watkins-Rd ~ ~ 'i ~ tR
~ ~, ~, ., ~. ~ , a '
c e 1644 ~ ~~ ~. ,
/~~~ ~ ~ - Miles
v Rabbrt.DDr G`vernor-Burke.Rd 1626 1645 '
Title Vicinity Map
Project Forrest Creek Mitigation Site
rr~i,~roa Fr,r: Orange Coon[ ,North Carolina
~l?arihMarl:
Date KHA Project Number Figure
8/24/06 012857004 1
PrcpureA by Jusun Diaz [~~ „K'",e„~,im

,,,, yy~~
~ K 1 ~~~~"'"` "_ as z4
~ ~•f}' 73~ ~ ~ !
~ ~
ki
••^
~~
• ~ /
+
[s
~~
~ _
~y,~:
~
<iw` ~ ''
~
'
~
15}
T. Q1wV'{
'.
+M~i
~'f
~ ~
~

RR'T
//
^~1
+
~C. /1 't7~'~"#.
fa: Ott .++~~4i 1 ~!~~v~+
/~~ ~~
-• • i
~~p ~•~ ! .~ d ~Y.. ~ ~ f"^ f1" d~~~ ~ ~ .. v
~~
is { ~"~, ~ `t4~ {_. 'YJ °S_~
: t'.'~
_
~ 4~~ ~tY1Y~"'..'~ -^Y.tl!!' -~ '~~ l~~i~ ads-., Y ~~
~4 l
v} G V
I M
~
..
,x
~1 ~' ~ _ j~~,i~ ~ fib ~ x . ,. 1

`~~ ~ f
7
~~ ~ ~ tit :19r~ s ~• ~..~'~S+Y~?~~ ~ =~..+!i!'~. "`' j
j ~ f ~~ t!" ~ ]IY ~.
+. ' . t ~ P'
~,.
'~ {v :: ~ ~; s'~i':~1~ s.... ;yam/~

~ ~ ~ ~ ~ ~ ~:
j p" 'T ~~.rt ~' ~ 3 f
'.
T
.. ii
"ir
' `., -
y
;s a
.. x i ix
'.t
~
'
,y
M ~ , ~~ ...
~' f'
.~
~~
'

f~ t~
~ M r+, • t 14
-
i
,,.
r+ 1
i
'
'
~
f . t
4
.K
g l ,j~+
1' ,~ ~ . Existin Stream
wJ +} } a.! ~ ~ ~~ ~ , Y.
~K r~^.,_ ~4 ~`~~ s~~' - - ,1~ Riparian Buffer
~
{ } ~ ~
~ ~ Preservation (Region 1)
#
' ~ "~''
'
~`µ~•~ ~ ~ ~
- '~ '
~"~ ~
.1~
^~
• ~-
.
Ri avian Buffer Restoration Re ion 2
i ~
~a U .
~` '~ t ' : ~~ Riparian Buffer Restoration (Region 3)
~.
y
jt~ ' : { t ~s^a+~ ~' U ":375 15(1 1.
~
~
1 ~
~
~ ~ /
~ t ~' ~ ,~t;s s a. .,, .'~ Feet

Title Existing Conditions

r~~~~~i~~d F<~i_ Project Forrest Creek Mitigation Site
Orange County, North Carolina
~Eartht~fark

_. ~" v' f,~ ~~ ,1 ~~ I '~ ° Date KHA Project Number Figure
1/25/08 012857005 2

N 1:12,000 Few t+Oll @ Figure
E a r t h M a r k ° 4°° $~ ,,z°° ,,6°° 2,°°° ~7 L~7
Source: Orange County Land Records F~RREST CREEK MITIGATION SITE 3
~~ ~ '~ ~ p ~ ~ ~ ~ ~ 203 Color Aerial Photography ORANGE COUNTY, NORTH CAROLINA

sort or romans unouwi rum vwnEi ~ouroa owew.+
.w.
MTIM WrdMralbN
na~.o
I 'tsar - - a,.,t
n e~ .r
® ,~.~
rtooo H<zna~cn.n rn3t- ".,,•.
NOTES TO USERS
,~ ~ a~~it ~ rw .
~
A ', ~
e .. „r

.i ~.a:. w
-..c N r.. 3 a„rr ~a ...M
a
~
o
'fin" , ,.,_w.w..~,-a..~ .,eo ,a.r r.e a.~.,.m . ,,,..,,... a w~ . iW w
...,,u.
ar rk a. r, a...,t .~. w„m..w..ur.a
~ ,,:u_, .,...
a. ~,,. ~... ~, aeW - ~„ .....,... «n eau, ar.~. r~
..w. ~...~.
s., ." " .... ~ ,~ ~. , 'a ":w.-.~. . ~.a, ~
d ry_.r„
n rNe ~ . r Aa .uen ~.. ,ar<. a. ra,,.,n .r,u m, e,o-. mM..a
rm .~~
a,. r^-
om
www ndoadmape.mm a, ~ s'....n,,.. „,m, , a a.M ~. T _,..., a, n...r a...~a ..>a.> r
e 9ry .rs~
....»: wa v, r..nw w r„ , .w" eu . a ., .., ,m
«~-.,~ .,,..~
LEGEND
-- wwrrn m
w.,e~~TM~,~TaM ti ~
xaEb ~a.M a.. ~a~F+u"Fe ~ow~~.rv~ ~
iw ~~ •• +r wu~
uweu ~w ~ w~~n
ei...a. warms, im,.. a.. rw ,..:r ,moo ..
e....,mm rrom zw.r u
m ,.t; Vu
~ rrmek Kuuu urw
:orn e g e;.pn..:i
.cwt. trro ~.~.i`.;!,.. w.. wi ..x.. ..,n .~..
C onix rxrt.
eu • u... e, .-.u ii..i tu...a na~~ ~~~i~..u tn- ~, ,w rnN.
® c~wru Bnvxl~r x,x>LVCn sn-w [aaa. .~tw
r[zwxst van ~ i rr,vi
~ ~~ .
F~~ ~d
Q Bey vin ,~,..w>an~n..~~~ w
a------o ,. R.
,ram~rtr, ~ ~
a ~;a

~,~7~1[J,I. pM1EL 9a]BJ I
J I
m;=~i1°' FIRM
"'' FL000 IMSUAANEE AAIE MAP
1;ORTH CAROLLVA
r
Ri~,,~::rr,, ~~„
= PAMEL 917fi
tl
I ~ ''
_ .K. ~~- ,.~~ .,o
>~,..mx. ~ _,. .d
EFfEC1M OBR MAP NUMBER
FEBRUARY Z 2001 31pBA16D01
tedvc Em ~rncYJr'Mau=eemeoc Aamai J

5}A1E OF lgxM G[OYNA FMM rlln[l LOGTOR DNC.~AM
DATIM INfUlM1pN
~1~0
m x'w-
Um wit
ahy~
~ y ~~a c
m~~do.~nr~ - m
~~~ .~a~_
LEGEND
---i - u~~Fn r~
~~ ~ _
~... .~ rte. ...w.,a ~ e.='"'~.~"~..
~m ~~ ~ nM.
...m., .....a ~"f~ :A.. ~. ~,.~ .d .,.m
C o~~ _
® c~wru N+~sr x[vl.ttn ~~~ cBV~. !w.u
we c. sa
.....w .. - uaM+~. m. .0a s..
w... e.~m. w.i.r oa
~.Nn.
.
O ,f,°ti ~.a..~w~.~nn n..~dm
a------o ...~.~.

~~
.~.... ,. ~~,v .~,~ ..~. M.M.. K ,... .a..,•.,
www.ndoodmape.com

NOTES TO USERS
sas ~m~
,„w~.......~a rn~~.RE F , ~ .,aa.,
M

,NW. rM ~, uq., e.naw ~,«ara..~k
c~ J'_ ~ v,we~ ven~
FIRM
7r~
F100D INSDAANOf RAZE YAP
X L'UR'CH CAROLL~`A

u „'
~7
? PANEL 9(!1
...u.. -,a.,
!.p~
®
.~,

~~
,,II
.x: ~-_.r....~~.
_"
~~
~
~
~
.,y fFHCINE OAEE
AUP NUMBER
i
FFB0.UAAY 2, 2007 37109B2I001
K ~.,
._ __ _ "~ ~~~~w,o.o. o~ ,ym J

APPENDIX A Conservation Easement
Forrest Creek Mitigation Banking Mitigation PAan, Orange Coarnty, North Carolzna
Micl-Atla~:tic Mitigation, LLC

FILED Jo c• H. Pearcon
ReB/cttr of ~a~ds, Orange Co, NC
R9scordt Fay; xa47.00
NC Ru!'~stat• TX: E600.00
Prepared by and after recording return to:
Kilpatrick Stockton LLP (7AB)
3737 Glcnwood Ave. Ste. 400
Ttaleigh, NC 27612
Excise Tax: $500.00
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
BkcR8~2 P201g2 II§~~Y~~~8f3~6~~id'l1IIII~~~~4IIA~~
12/28/2007 12:4 :34 PM 1112
PERMMANENT CONSERVATION AND ACCESS EASEMENT
AND TEMPORARY CONSTRUCTION EASEMENT
THIS PERMANENT CONSERVATION EASEMENT ("Conservation Easement") made this a8 day
of p ece-x b er , 2007 by and between MILTON A. LATTA & SONS DAIRY FARMS, INC., a NC
corporation, also known as Milton A. Latta and Sons Dairy, Inc., and Milton A. Latta & Sons Dairy Farm, Inc.
("Grantor"), MID-ATLANTIC MITIGATION, LLC, a NC limited liability company ("Grantee") and
CAROLINA FARM CREDIT, ACA FKA NORTH CENTRAL FARM CREDIT ("Lender").
The designation Grantor and Grantee as used herein shall include said parties, their successors and
assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
q$~~- 5 a -o~, ~ ~$~ ~- yq-1091
RECITALS q$~-~_L p-'~?Q g8rllr•%'~-(~L35
WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Orange
County, North Carolina, recorded at Book 212, Page 707; Book 1019, Page 159; Book 603, Page 525; and Book
413, Page 378 of the Public Records of the Orange County, North Carolina Registry Office, of which includes
the easement area more particularly described in Exhibit A attached hereto and incorporated herein by
reference ("Property");
WHEREAS, Grantee is a company whose purpose is the conservation of property, and is qualified to be
the Grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121-35;
WHEREAS, Lender holds the following deed of trust on the Property:
U52000 10982162.1

~uiui~~uuiA~
1. From Milton A. Latta And Sons Dairy Farms, Inc., as Grantor, to Michael R. Morton as Trustee,
dated August 15, 2006 and recorded on August 17, 2006 in Book 4106 at Page 537 of the Orange County,
North Carolina Public Registry; and
2. From Milton A. Latta and Sons Dairy Farms, Inc., as Grantor to D. Michael Parker as Trustee, dated
April 18, 1991 and recorded on April 23, 1991 in Book 907 Page 360, as amended in Book 3415 Page 286,
Orange County, North Carolina Public Registry.
WHEREAS, Grantor and owner is the holder of a purchase money deed of trust on the Property from
Mid-Atlantic Mitigation, LLC, as Grantor, to D. Michael Parker as Trustee, dated December ~8 , 2007 and
recorded on December ~~ ,2007 in Book 443a Page I ~ 4 ,Orange County, North Cazolina Public
Registry (all aforementioned collectively the "mortgage").
WHEREAS, Lender, North Carolina Farm Credit, ACA flca North Central Farm Credit and Grantor, as
holder of a purchase money deed of trust, join in this Conservation, Access and Construction Easement and
declazes that any and all rights it may have as a mortgagee and under the mortgage referenced herein aze
subordinate to this Declaration of Conservation, Access and Construction Easement
WHEREAS, Grantor, Grantee and Lender recognize the conservation, scenic, natural, or aesthetic value
of the property in its natural state, which includes the following natural communities: Forrest Creek and one of
its unnamed tributaries along with associated bottom land hazdwood riparian buffer. The purpose of this
Conservation Easement is to maintain wetland and/or riparian resources and other natural values of the
Property, and prevent the use or development of the Property for any purpose or in any manner that would
conflict with the maintenance of the Property in its natural condition.
WHEREAS, the preservation of the Property is a condition of the Forrest Creek Mitigation Bank
("Project") Mitigation Banking Instrument ("MBI") issued by the U.S. Army Corps of Engineers ("Corps"),
U.S. Environmental Protection Agency ("EPA"), t1.S. Fish and Wildlife Service ("FNS"), North Cazolina
Wildlife Resources Commission.("NCWRC"), and the North Cazolina Division of Water Quality ("NCDWQ")
(collectively "Third Parties").
WHEREAS, Grantor and Grantee agree that third-party rights of enforcement shall be held by the U.S.
Army Corps of Engineers, Wilmington District, U.S. Environmental Protection Agency, U.S. Fish and Wildlife
Service, North Carolina Wildlife Resources Commission and the North Cazolina Division of Water Quality
(Third-Parties, to include any successor agencies), and that these rights aze in addition to, and do not limit, the
rights of enforcement under any permit and certification.
NOW, THEREFORE, for and in consideration of the covenants and representations contained herein
and for other good and valuable consideration, the receipt and legal- sufficiency of which is hereby
acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its successors
and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent
hereinafter set forth, over the Property described on Exhibit A, together with the right to preserve and protect
the conservation values thereof, as follows:
ARTICLE I
DURATION OF EASEMENT
US2000 10482162.1

p~yimiwaimmd
SECTION I.A This Conservation Easement shall be perpetual. This Conservation Easement is an
easement in gross, runs with the land and is enforceable by Grantee, its successors and assigns, and Third
Parties against Grantor, Grantor's successors and assigns, lessees, agents and licensees.
ARTICLE II~
PROHIBITED AND RESTRICTED ACTIVITIES
SECTION II.A Any activity on, or use of, the Property inconsistent with the purpose of this Conservation
Easement is prohibited. The Property shall be preserved in its natural condition and restricted from any
development that would impair or interfere with the conservation values of the Property.
SECTION II.B Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited, restricted or reserved as indicated hereunder:
(a) Disturbance of Natural Features. Any change disturbance, alteration or impairment of the
natural features of the Property or any introduction ofnon-native plants and/or animal species is prohibited.
(b) Construction. There shall be no constructing or placing of any building, mobile home, asphalt or
concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line pier landing,
dock or any other temporary or permanent structure or facility on or above the Property.
(c} Industrial Commercial and Residential Use. Industrial and/or commercial activities, including
any right of passage used in conjunction with commercial or industrial activity, are prohibited on the property.
Residential use of the Property is prohibited.
(d) Agricultural, Grazing and Horticultural Use. Agricultural, grazing, and horticultural use of the
Property is prohibited.
(e) Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of
trees, shrubs, or other vegetation on the Property.
(f) Signage. No signs shall be permitted on or over the Property, except the posting of no
trespassing signs, signs identifying the conservation values of the Property, signs giving directions or
proscribing rules and regulations for the use of the Property and/or signs identifying the Grantor as owner of the
property and Grantee as the holder of Conservation Easement on the Property.
(g) Dumpint~ or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of
underground or aboveground storage tanks or other materials on the Property is prohibited.
(h) Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavatioq dredging,
mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in
the topography of the land in any manner on the Property, except to restore natural topography or drainage
patterns.
US2000 10482162.1

iq~u~iui~~uiiue
(i) Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling,
flung, leveling, pumping, impounding or related activities, or altering or .tampering with water control
structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In
addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of
the easement area by any means, removal of wetlands, polluting -or discharging into waters, springs, seeps, or
wetlands, or use of pesticide or biocides is prohibited.
(j) Development Rights. No development rights that have been encumbered or extinguished by this
Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster
development arrangement or otherwise.
(k) Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles,
dirt-bikes, all-terrain vehicles, cars and trucks is prohibited unless for the purpose of maintaining or remediating
the restored areas.
ARTICLE III
GRANTOR'S RESERVED RIGHTS
SECTION III.A . The Grantor expressly reserves for himself, his personal representatives, heirs, successors
or assigns, the right to continue the use of the property for all purposes not inconsistent with this Conservation
Easement, including, but not limited to, the right to quiet- enjoyment of the Property, the rights of ingress and
egress, the right to hunt, fish, and hike on the Property, the right to sell, transfer, gift or otherwise convey the
Property, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall
specifically reference, this Conservation Easement.
ARTICLE IV
GRANTEE'S RIGHTS
SECTION IV.A The Grantee or its authorized representatives, successors and assigns, and Third-Parties,
shall have the right to enter the Property at all reasonable times for the purpose of inspecting said property to
determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying with the
terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee shall also have the
right to enter and go upon the Property for purposes of making scientific or educational observations and
studies, and taking samples. The easement rights granted herein do not include public access rights.
ARTICLE V
PERMANENT ACCESS AND CONSTRUCTION EASEMENT
SECTION V.A. Grantor hereby gives, grants, bazgains, sells and conveys to Grantee: a permanent right and
easement over and upon the land owned by Grantor recorded at Book 212, Page 707; Book 1019, Page 159;
Book 603, Page 525; Book 413, Page 378 and Plat Book 97, Page 170 of the Public Records of the Orange
County, North Carolina Registry Office ("Grantor Parcel") located in the area described as Easements 1, 2 and
3 on Exhibit "A" for use by Grantee, its successors and assigns for access to ffie Property for any purpose,
including but not limited to the construction upon, maintenance and monitoring of the Property and for all
purposes related to the Conservation Easement ("Permanent Access and Construction Easement"). The Access
Easement herein conveyed includes, but is not limited to, the right and privilege by Grantee, and Third Parties
V52000 10482t62.t

i~~uiimniuiur
to access the Property Area as necessary to monitor, maintain (including the use of construction equipment),
repair, or replace the Project, and during said construction, to go onto the Grantor Parcel with vehicles,
equipment, machinery. This Permanent Access and Construction Easement is an easement in gross, runs with
the land and is enforceable by Grantee, its successors and assigns, and/or Third Parties against Grantor,
Grantor's successors and assigns. -
ARTICLE VI
TEMPORARY CONSTRUCTION EASEMENT
SECTION VI.A Grantor hereby gives, grants, bargains, sells and conveys to Grantee: a permanent right and
easement over and upon the land owned by Grantor recorded at Book 212, Page 707; Book 1019, Page 159;
Book 603, Page 525; Book 413, Page 378 and Plat Book 97, Page 170 of the Public Records of the Orange
County, North Carolina Registry Office ("Grantor Parcel") located in the area described as Easement 4 on
Exhibit "A" for use by Grantee, its successors and assigns for access to the Property for any purpose, including
but not limited to the construction upon the Property and for all purposes related to the Conservation Easement
("Temporary Construction Easement"). The Temporary Construction Easement herein conveyed includes, but
is not limited to, the right and privilege by Grantee, and Third Parties to access the Conservation Easement Area
as necessary to,monitor, maintain (including the use of construction equipment), repair, or replace the Project
within the Conservation Easement Area, the Property, and during said construction, to go onto the Grantor
Parcel with vehicles, heavy equipment, machinery, construction supplies and building materials (collectively
the "Construction Activities"). Upon completion of the Construction Activities, Grantee shall remove all
vehicles, heavy equipment, machinery, construction supplies and building materials from the Grantor's Parcel,
and shall reasonably restore the property disturbed by the Construction Activities. The Construction Easement
shall run with the property for 12 months from the date of recording at the Orange County Registry Office.
This Temporary Construction Easement is an easement in gross, runs with the land and is enforceable by
Grantee, its successors and assigns, and/or Third Parties against Grantor, Grantor's successors and assigns.
ARTICLE VII
ARTICLE VIIIENFORCEMENT AND REMEDIES
SECTION VIII.A Upon any breach of the terms of this Conservation Easement by the Grantor, its agents,
successors, or assigns, which comes to the attention of the Grantee, the Grantee or Thud-Parties may institute a
suit to enjoin such violation and if necessary, to require the restoration of the Property to its prior condition at
the Grantor's expense.
SECTION VIII.B No failure on the part of the Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to
Grantee to enforce the same in the event of a subsequent breach or default.
US2000 IMB2162.1

~1U'awiuWmii~u
SECTION VIII.C Nothing contained in this Conservation Easement shall be construed to entitle Grantee to
bring any action against Grantor for any injury or change in the Property resulting from causes beyond the
Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except
Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to life; damage to property or harm to the Property
resulting from such causes.
ARTICLE IX
MISCELLANEOUS
SECTION IX.A Fencin The Grantee and/or its successors in interest will be responsible for installing
and maintaining high tensile electric fencing around the Property for the life of the Conservation Easement.
The Grantor and Grantee acknowledge the purpose of this provision is to keep livestock from the Property.
This provision shall become null and void if the Grantor and/or its successors in interest cease to keep livestock
on the adjoining property.
SECTION IX.B Title. The Grantor warrants, covenants and represents that Grantor is the sole owner and
is seized of the Property in fee simple and has good right to make, declare and impose the aforesaid
Conservation Easement; the Property is free and clear of any and all encumbrances, except the following
described easements leases, restrictions, and rights of way of record: See Exhibit B attached hereto and
incorporated herein by reference, and that Grantor will warrant and defend title to the same against the claims of
all persons.
SECTION IX.C Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Property. The
Grantor agrees to provide written notice of such transfer at least thirty (30) days prior to the date of the transfer.
The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger or the fee
and easement interests in the Property or any portion thereof and shall not be amended, modified or terminated
without the prior written consent and approval of the Third-Parties.
SECTION IX.D Assignment. The parties recognize and agree that the benefits of this Conservation
Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in
the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a
qualified holder under N,C. Gen. Stat. § 121-34 et seq., and not necessarily a North Carolina entity and the
Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee
or assignee will be required to continue in perpetuity the conservation purposes described in this document.
SECTION IX.E Entire A rg e`em_ent and Severabilit~ 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 void or
unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect.
TO HAVE AND TO BOLD the said rights and easements perpetually unto Grantee for the aforesaid
purposes.
[Remainder of Page Intentionally Left Blank]
uszooo iasziaz.i

~~~~III ~IiVI 119

~~ ~

CONSENT OF MORTGAGEE "4~~Y~~~~~UIIIII~'~IIIII~+~
~± RB4432 160 9112
T{c.0. ~1~Orr{• CttJY~a` ~a.~n. Cr~t~+1'
Carolina Farm Credit, ACA;~being the Lender under those certain Deeds of Trust as follows:
1. From Milton A. Latta And Sons Dairy Farms, Inc., as Grantor, to Michael R. Morton as Trustee, dated
August 15, 2006 and recorded on August 17, 2006 in Book 4106 at Page 537 of the Orange County, North
Carolina Public Registry; and
2. From Milton A. Latta and Sons Dairy Farms, Inc., as Grantor to D. Michael Parker as Trustee, dated
April 18, 1991 and recorded on Apri123, 1991 in Book 907 Page 360, as amended in Book 3415 Page 286,
Orange County, North Carolina Public Registry.
~~G55 RN~ CoilS'~rt+.c'~io-.+
hereby: (a) consents to the recordation. of this Conservation~Easement and the imposition of the provisions
hereof on the Property; and (b) subordinates the lien and operation of the Deeds of Trust to this Conservation
Easement and the provisions contained herein. In the event of a foreclosure of either of the Deeds of Trust, or a
transfer of any portion of the property in lieu of foreclosure, Lender agrees that the purchaser at any such
foreclosure or the transferee under any such deed in lieu of foreclosure shall take title to the property together
with and subject to all of the terms and conditions of this Conservation Easement. Lender executes this Consent
of Mortgagee solely for the purposes set forth above.
LENDER:
Carolina Farm Credit, ACA ~ka• ~t~ CQ.st°"~ Korn. er.d;.*
BY:__[~~:0~1 ~
Name:
Title: ~itt ~CtS1b~~
STATE OF NORTH CAROLINA
COUNTY OF ~~~_~_
I, the undersigned, a Notary Public of the County and State aforesaid, certify that
k,l S C~ ~ ~ ~ [Name of Officer], whose identity has been proven by
satisfactory evidence, said evidence being:
^ I have personal knowledge of the identity of the principals}
^ I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
[~ A credible witness has sworn to the identity of the principal(s);
personally came before me this day and acknowledged that (s)he is ~ w President of Carolina Farm
Credit, ACA, and that (s)he, in such capacity and being authorized to do so, voluntarily executed the foregoing
on behalf of the bank for the purpose stated therein and in the capacity indicated.
Witness my hand and seal, this the o~ ~~`' day of ~,Ge.ts~+~.~-/ , 208
- ~~
Notary Publi
Print Name: ~b k 4~.. 1,11a.t ~~Gr'
03 a.ab
N001T#Y SIX NO Y SEAL BELOW-NOTE THAT SEAL MUST BE FULLY LEGIBLEI
~Q~-a
uszaao

i~~q~iiiur~imiie
Lying and being in the Township of Cedar Grove, County of Orange, State of North. Carolina and being more
particularly described as follows: ' -
BEING all of the following Lots:
Area A, containing 2.90 acres, more or less,
Area B, containing 7.29 acres, more or less,
Area C, containing 4.06 acres, more or less,
Area D, containing .90 acres, more or less,
Area E, containing 1.48 acres, more or less,
Area F, containing 1.34 acres, more or less,
Area G, containing 8.64 acres, more or less,
Area H, containing 2.22 acres, more or less, and
Area I, containing 1.04 acres, more or less,
All as shown on that plat entitled "Conservation Easement Property Surveyed For Latta-Earthmark" prepared by
Alois Callemyn, Professional Land Surveyor, dated p..~..,r.6~ lq 2007, and recorded on p« ~~. X007 at Plat
Book ! b 3 ,Pages ~'S and ~ b of the Orange County, North Carolina Registry (the
"Plat").
TOGETHER WITH all of Grantor's right title and interest in and to the following easements:
Easement 1:
A permanent, non-exclusive easement for ingress, egress and regress over and across the following private rights of
way:
(1) A}ack Latta Ave, a 50 foot Private Right-of-way as recorded in Book 3788 Page 334;
(2~ London Lane, a 30 foot Private Right-of--way as recorded in Book 1561 Page 550 and Book 476 Page 79;
and
(3) That certain 50 foot Private Right-of--way as shown on the Plat, located directly to the North of Area H as
recorded in Book 781 Page 293.
Said beneficial access easement shall run with the land and be binding on the Grantors successors, heirs and assigns.
Easement 2:
A permanent, non-exclusive pedestrian, access and maintenance easement for ingress, egress and regress over and
across the areas shown as " 20' Creek Xing #l, 20' Creek Xing #2, 20' Creek Xing #3 and 20' Creek Xing #4" as
shown on the Plat.
Said beneficial access easement shall run with the land and be binding on the Grantors successors, heirs and assigns.
Easement 3:
A permanent easement for access to and maintenance of the Property which easement area shall be parallel to and
extending outward from the Property lines on each side for a width of 20 feet (10 feet on each side of the boundary).
uszooo toaa~ib~.i

°~Jpg!oNU~Nnpnw
Easement 4:
A temporary construction easement, which shall expire 12 months from the date of the recording of this instrument:
A construction easement which shall be parallel to and extending outward from the Property lines on each side for a
width of 40 feet (20 feet on each side of the boundary).
us~ooo iaez~szi

i~u~luu~~nWim~iemiA
1. Taxes for the year 2008 and subsequent years, now due and payable but not delinquent.
2. Fee simple interest of Grantor.
3. Matters shown on maps recorded at Plat Book 21 Page 147,-Plat Book 22 Page 6, Plat Book 64 Page 209
and Plat Book 3 at Page 72, Plat Book 97 Page 170 and Plat Book 29, Page 123, Plat Book 77, Page 185
and Plat Book 100 Page 160
4. Easements to Duke Power Company recorded at Book 118 Page 296 and Book 1661 Page 497.
5. Easement to Moms Telephone Company recorded in Book 197 Page 250 and 252.
6. Right-of--way to the DOT recorded in Book 2134 Page 270.
7. Declaration of Restrictions and Provisions for Private Road Maintenance recorded in Book 3788 Page 334.
8. Rights of others in and to the use of an Easement for Driveway Agreement recorded in Book 1561 Page
550.
9. Rights of others in and to the use of a deed of Easement for ingress and regress recorded in Book 781 at
Page 293.
U52000 10482162.1

APPENDIX B - Descrivtion of Stream Restoration and Enhancement Level I
1 ~onest Creek Mitzgatio~r Banking L~7iti~ation Plan, Orange County, Na~Yh Carolina
~1id-AtlanticMitzgation, LI C

APPENDIX B -Description of Stream Restoration and Enhancement Level I
~ Proposed Restoration Summary
Initial site inspections of Forrest Creek and the Ut to Forrest Creek showed that both channels
are unstable due to the current and past land use activities. Forrest Creek is overwide with
sections of severe bank erosion. Portions of the riparian buffer are currently being degraded or
are a part of the active pasture areas. The Ut to Forrest Creek is experiencing an increase in
sediment load and is being severely degraded by cattle traffic. The lack of adequate buffer and
sinuosity combined with the noticeable bank scour and channel incision indicates that changes to
the dimension, pattern, profile and additional buffer will be required for restoration activities.
Forrest Creek from the downstream property boundary to the confluence with Ut to Forrest
Creek will be restored by using natural channel design techniques consistent with Rosgen
Priority I. This reach will be restored to a Rosgen C channel type, reconnecting the channel to its
historic floodplain,-while correcting the dimension and profile. Rosgen Priority II restoration is
proposed from the confluence to approximately 435 linear feet upstream of Edmund Latta Road.
This technique will allow the pattern and dimension to be adjusted, while using the current
channel invert as a base. The existing channel will be utilized where possible to make use of
existing bedrock and to minimize the impacts to the larger hardwood trees. A bankfull bench
will be constructed to allow the channel to access a floodplain during flood events.
Approximately 315 linear feet of the main channel is impounded due to a crushed culvert
causing a backwater condition. This pipe will be replaced in order to restore normal flow
conditions to the area and a 50 foot riparian buffer will be planted qualifying this reach as
Enhancement Level I. This crossing will consist of a culvert with invert placed below the stream
bed grade per NCDWQ and USACE requirements. The current crossing is acting as a weir. The
proposed crossing will remove the weir and seek to match the original stream grade. The
remaining 3,050 linear feet of the upper reach of Forrest Creek will be placed into preservation.
This includes the area ponded by beaver activity at the very upper reaches of the preservation
portion of the project.
The UT to Forrest Creek will be restored using a combination of Rosgen Priority I and II
restoration techniques. Cattle have open access to most of the upper reach and have severely
degraded the channel, where in some cases there is no defined dimension, pattern, or profile.
The cattle will be excluded from the channel through livestock fencing of the easement area. A
permanent cattle crossing will be installed just upstream of the confluence with Forrest Creek.
This crossing will consist of a culvert with invert placed below the stream bed grade per
NCDWQ and USACE requirements. This crossing is not included in the easement area. Rosgen
Priority II restoration will be utilized from the upstream property boundary to the Edmund Latta
Road crossing. The upstream channel bed elevation and the culvert at Edmund Latta Road will
control the profile elevations. The remainder of the channel will utilize Rosgen Priority I
restoration techniques.
Restoring the channels to their natural dimension, stabilizing their profile, and correcting the
pattern will reduce shear stress, increase stream competency, increase water quality, and improve
habitat.
Forrest Creek Mitigation Banking Mitigation Plan, Orange Coainty, North Carolaraa
lYlid-Atlantii Mitigation, LLC

All excavated material will be used to fill the abandoned channel to match the existing elevation
of the surrounding area. It is anticipated that there will be a balanced cut/fill for the excavated
materials.
• Enhancement Level I
The Enhancement Level I reach will include removal of non-native and invasive species as
described in Appendix C. Additionally, there is a farm road crossing with a crushed the that is
impounding water in the proposed enhancement area. This road crossing will be repaired or
replaced so that the natural stream flow can be re-established.
• Beaver Management Plan
Impacts to the project by beaver will be assessed quarterly during the monitoring period. If it is
determined that beaver are negatively impacting the stream restoration or enhancement portion
of the site the following will be implemented.
To prevent impacts by beavers to the newly designed channels, a beaver management plan will
remove existing on-site beaver populations. A qualified contractor will remove the existing
population. Repopulation of the site by beavers from neighboring streams will be controlled
through active management. Active management will involve a regular schedule of beaver
trapping by a qualified contractor. Beaver trapping will occur monthly or as frequently as needed
for the first year after construction and then quarterly or as frequently as needed through the rest
of the monitoring period. The restoration plan also includes design measures to avert
reoccupation by beavers. The reconfiguration of the stream channel from a wide incised
dimension (G and F channels) to a higher velocity system with access to its floodplain should
reduce habitat potential. The reach of Forrest Creek that is proposed for preservation will not be
included in any beaver removal or management plan due to concerns stated by the USACE,
unless approved by the MBRT.
• Reference Stream(s)
A section of the upper reach of Forrest Creek has been designated a reference reach. Information
about the reference reach is included in the attached restoration drawings.
• Proposed Construction Sequence and Phasing
Construction of the project will be carried out in two phases for maximum vegetation survival,
channel stability, and sediment control requirements. Stream enhancement, consisting of riparian
buffer planting and invasive plant control, will be implemented along the upper sections of the
Forrest Creek channel and its tributary. For the most part, the main channel and the tributary will
be constructed in a new location (or in the dry) within their respective flood plains. However, the
new channels may intersect the existing channels in some locations. In such cases, pump around
with a filter bag or other methods will be used to reduce sedimentation below the project. The
sequencing will proceed from upstream to downstream. The number of actual intersections will
be limited to reduce overall sediment inputs during construction. The new dimensions, patterns,
and profiles will be based on the reference reach channel conditions. Work will progress from
upstream to downstream. Stabilization structures, including rock cross vanes, single-arm and
rock vanes, will be constructed to immediately stabilize the new channel sections. Spoil material
will be subsequently stockpiled and backfilled in the abandoned sections of the existing channels
Forrest Creek Mitigation Banking Mrti~atian Plan, Orange Couizty, North Carolina
Mid Atlaiatic• Mitigation, LLC

once the water has been diverted. The adjacent streambanks will be immediately seeded and
planted to ensure maximum survivability. Vegetation may also include transplants from on-site
resources. Clay plugs will be installed intermittently through sections of the old channel to
reduce the probability of "chute cut-offs" from establishing. It is anticipated that sections of the
old channels will be enhanced to serve as vernal pools or oxbow wetlands for aquatic and semi-
aquatic habitat. These methods will be implemented in a manner to minimize sediment input into
the stream system.
Forre~•t Creek Mitigation Banking Mite~ation Plan, Orange County, North Carolina
Mil Atlantis Mitigation, LLC

APPENDIX C -Riparian Area Restoration
Forres! Creek Miti;ation Bwrking Lhlitigation Plan, Orange County, Noah Cuiolina
~1i~f ll tlantic [bfiti,;ation, LLC

APPENDIX C -Riparian Area Restoration
Natural Plant Community Restoration Goals and Objectives
The goal of the riparian restoration is to provide long-term improvements to ecological functions
of the existing forest community. The restoration plan has been developed to provide these
functional uplifts through the re-establishment of target natural communities. The target natural
communities have been determined based on comparison of existing site conditions with
established type communities with verification of appropriate species from proximate reference
natural communities. Based on the North Carolina Natural Heritage Program's Nature
Community Classification, the site's riparian area most closely correlates to Piedmont
Bottomland Forests and, in upper section of the tributary, to the Piedmont Alluvial Forest
(Schafale and Weakley 1990).
Reforestation Scheme
The goal of the planting scheme seeks to establish a riparian community consistent with the
reference community using an approach that accelerates the succesional process leading to a
mature riparian community. The planting plan will use reference plant communities discussed in
the above section as a base to design a planting scheme and develop a vegetation list.
Re-colonization of cleared riparian habitats characteristically begins with an invasion of pioneer
species that creates an environment (e.g. shading) suitable for species more typical of a mature
community. To initialize the proposed riparian community, the restoration area will be planted
with a mix of pioneer and climax species that have been selected and arranged to meet the
following objectives:
^ Establish mix of shade intolerant canopy and shade tolerant understory species
^ Provide vegetative source of target species
^ Establish local seed sources for those native species less likely to migrate into the restoration
area
^ Provide vegetative stability to disturbed or high stress areas
The design of a planting plan involves several components. The planting zones have been
developed considering site hydrology, soils, and disturbance regimes and are referenced to
natural communities. Each zone has a unique environment that dictates species selection and
community structure. The planting list is developed for each zone tQ match the vegetation in the
reference community and meet the objectives given above. The planting list also reflects which
species are readily available and have a reasonable expectation of survival. For a given zone and
species, a plant source and planting type (e.g. containerized or bare root) is recommended. A
planting schedule is developed so that site preparation and plant installation occur at the optimal
time and season. After installation, the planting should be verified. The maintenance plan is
developed to promote long-term success of the planting. These planting plan components are
described below.
Planting Zones
The planting plan includes 4 zones of distinct vegetative composition and structure.
Forrest Creek Mitigation Banking Mitigation Plan, Ora~:ge Coaenty, North Carolina
Mid-Atlantii Nlitigution, LLC

^ Zone 1 -Stream Channel and Banks
^ Zone 2 -Riparian
^ Zone 3 -Riparian -Wet
^ Zone 4 -Oxbow Wetland
Zone 1 -Stream Channel and Banks
The stream channel zone includes the stream channel from base flow to approximately 10 feet
beyond bankfull. This zone features the steepest slopes (3-8%) and highest saturation levels. This
environment dictates the planting of fast-growing, obligate pioneer species, such as black
willow, to provide stability to areas near bankfull.
Zone 2 -Riparian
The riparian zone includes the area beyond zone 1 to the edge of the floodplain where the
hydrology supports bottomland hardwood forest vegetation. The area is flat, frequently flooded,
and the water table remains close to the surface. The composition of the vegetation includes a
mix of wetter canopy and understory trees.
Zone 3 -Riparian -Wet
The riparian -wet zones include pockets of wetter areas within Zone 2. The zone will include
the same species as Zone 2 but will be augmented with a set of species more tolerate of
inundation conditions.
Zone 4 -Oxbow Wetland
The oxbow wetland zone includes pockets of permanently ponded areas within Zone 2. Woody
species will not be planted within this zone. A wetland seed mix will be applied to fringes of the
wetland pockets.
Plant List
The plant list is based on the target community, reference community, and recommendations
from the North Carolina Stream Restoration Institute (Hall 2001) and the North Carolina
Ecosystem Enhancement Program (Smith 2004). The selection of species also depends on
availability from local nursery sources.
Forrest Creek Mitigation Banking Mitigation Plan, Orange Coaanty, North Carolina
Mid-Atlantic Mitigation, LLC

Tar et S ecies Non-Tar et S ecies
Scientific Name Common Name Scientific Name Common
Name
Betula ni ra River Birch Acer rubrum Red Ma le
Cara cordiformis Bitternut Hickor Li uidambar st raciflua Sweet um
Cara ovata Sha bark Hickor Liriodendron tuli ifera Yellow Po lar
Celtis laevi ata Su arberr Platanus occidentalis S camore
Fraxinus americana White Ash Acer ne undo Box Elder
Fraxinus enns Ivanica Green Ash
Ju lans ni ra Black Walnut
Quercus acutissima Sawtooth Oak

Quercus
michauxii Swamp Chestnut
Oak
Quercus ni ra Water Oak
Quercus a/ustris Pin Oak
Salix Ni ra Black Willow
Ulmus americana American Elm

Acer
barbatum Southern Sugar
Ma le
Aesculus s Ivatica Bucke e
Asimina triloba Paw aw
Car inus caroliniana American Hormbeam
Ce halanthus occidentalis Buttonbush
Cornus amomum Silk Do wood
Cornus florida Flowerin Do wood
Co lus cornuta Beaked Hazelnut
Evon mus americana Hearts A Burstin
Ilex o aca American Holl
Eubotr s racemosa Swam Do -Hobble
Lindera benzoin S icebush
Rosa alustris Swam Rose
Sambucus candensis Elderberr
Viburnum dentatum Arrowwood
Plant Sources
The planting plan preferentially selects local genetic stock and utilizes three sources of plants.
Two sources-nursery stock and on-site transplants-will be tied directly to the initial planting
and will be utilized in numbers to support permit guidelines. The remaining source-
recruitment-has been factored into the selection of species in the plant list. The plant list
includes a significant portion of species not likely to establish from natural propagation.
Nursery Stock
The planting plan may utilize any of the following nursery stock forms of woody species: bare
roots, tublings, live-stakes, containerized seedlings, and ball and burlap. Additionally, the
planting plan also may use sod or seeds from commercial sources. The planting plan prescribes
that nursery stock are grown locally under environmental conditions similar to the target
Forrest Creek Mitigation Banking Miti~gatron Playa, Orange Coz~nty, North CaroAi~aa
Mid-Atla~ztic Mitigatio~z, LLC

environment. The source nursery should be located within viable range that shares the same
climatic region within an area 200 miles north and south of the restoration site.
The supplier nursery will be selected based on its ability to provide desired species. Several
reputable nurseries operate within the viable range. These nurseries will be screened based on a
review of previous mitigation plant production and plant availability. Plants will be ordered
from the nursery prior to the growing season before plant installation. Planting of nursery stock
will occur between November 15~h and April 15`h after completion of channel restoration
activities. The planting list includes alternates in case specific species of pre-ordered plants are
not available or acceptable for installation. Containerized plants can be installed anytime.
On-Site Transplants
Several favorable species grow within the existing site. In the course of constructing a new
channel alignment, some individual plants may need to be removed. The individuals of a target
species that are of an appropriate size and age may be transplanted into the restoration area.
Recruitment -
It is expected that the restoration sites will be populated with species from adjacent communities.
The restoration sites will be maintained to keep unwanted species at less than 10% of the total
population.
Plant Care and Installation
The plantings will be cared for and installed based on guidelines provided in the included
planting notes. When planted properly, bare root seedlings are the most cost-effective and
successful plant material. Containerized plantings, live stakes, and other plant materials will be
used based on the needs of the planting zone (e.g. frequent disturbance, immediate shading, and
others). If necessary, larger unprotected trees will be guarded using tree shelters that should
protect against herbivory and inhibit site occupation by beavers. The tree shelters also should
accelerate growth.
Schedule
The planting plan will be scheduled around stream construction activities and growing season.
Special attention will be paid to stabilizing disturbed areas that include newly-constructed
channels and temporary construction easements. The final vegetation planting will occur after
proper site preparation (described below) during the appropriate season.
Plantings may be staggered based on surrounding activities and project phasing. Live stake
planting on stream banks (zone 1) will follow closely after channel construction to provide
immediate stabilization. On-site transplants should be planted within an appropriate timeframe
after removal from their existing habitat. Planting of zones 2-4 should occur from late fall to
early spring (November 15 to April 15) after construction to minimize or eliminate threats from
the construction; exotic vegetation treatment; unpredictable weather; and beaver activity. Any
treatment of problem areas should also occur between fall and early spring.
Stabilization
Immediately after construction, the contractor will seed the stream banks and all disturbed areas
with permanent and temporary seed mixes. Permanent seeding will be completed in conjunction
with construction with temporary seeding applied per Land Quality Section requirements. Within
the stream channel (Zone 1), the contractor will plant pioneer species that provide immediate
bank stabilization. The contractor will plant live stakes and bare roots around structure
t'orrert Creek Mitigation Banging Mitigation Plarz, Orange Coaazty, North Carole~na
~1~Ii~1 Atlanfiii Mitigation, LLC

installations and the outside of meander bends to provide an area of high density root mass. Coir
fiber matting and live stakes will be used along moderately to highly stressed sections of the
reach (e.g. outside bends and straights) of the restored channels to provide stabilization until
vegetation can be established.
Site Preparation
Prior to planting the riparian buffer, efforts will be made to eradicate fescue and invasive plants
such as multiflora rose (Rosa multiflora), Chinese privet (Lingustrum sinews), and Japanese
honeysuckle (Lonicera japonica). These efforts may include herbicide use during the spring and
a follow-up spraying in early fall to eliminate any fescue that was not killed in the spring. A
permanent seed mix can be used after application of the pre-emergent. Woody planting can
follow during the dormant season. Containerized plants may be installed anytime.
Planting Review
After the final planting is complete, the planting supervisor will verify that the site was planted
properly though inspection of stem counts and condition. The planting contractor will be
responsible for replacing damaged plantings.
Monitoring and Maintenance
Monitoring will verify that the restoration area is meeting restoration goals. Damaged plantings
will be noted and replanting will occur if the planting survival fails to meet restoration goals. If
monitoring indicates that an area is trending towards greater than 10°Io coverage by nuisance
vegetation, that area will be treated to remove the nuisance vegetation. Mid-Atlantic Mitigation
will develop aspecies-specific control plan for approval by the MBRT prior to implementation.
References
Hall, Karen (2001). Recommended Native Plant Species for Stream Restoration in North
Carolina. Raleigh, NC, North Carolina Stream Restoration Institute NCSU.
Schafale, Michael P. and Alan D. Weakley (1990). Classification of the Natural Communities of
North Carolina, Third Approximation, NC Natural Heritage Program, Division of Parks and
Recreation, NC Department of Environment, Health, and Natural Resources.
Smith, Cherri L. (2004). Guidelines for Riparian Buffer Restoration. Raleigh, NC, North
Carolina Department of Environmental and Natural Resources -Ecosystem Enhancement
Program.
PLANTING NOTES
BARE ROOT/CONTAINERIZED VEGETATION
1. General:
In order to establish vegetation in restoration areas, such as bankfull benches and
slopes, bare root and containerized vegetation will be planted as shown on the
planting plans.
Forrest Cree,~ Mitigation Banking Mitigation P/aft, Orange County, North Carolina
Mid-Atlantic Mitigation, L,LC

2. Materials:
Initial vegetation material will be provided by the contractor. The contractor is
responsible for correctly installing and maintaining vegetation material.
Vegetation material will consist of bare root trees and/or shrubs and containerized
trees and/or shrubs. Container material will be in tubling, gallon, and/or three-gallon
plastic containers.
3. Preparation:
Planting should take place in before April 15r~ although containerized material may
be planted anytime. Immediately following delivery to the project site, all plants with
bare roots, if not promptly planted, shall be heeled-in in constantly moist soil or
sawdust-in a manner consistent with generally accepted horticultural practices.
While plants with bare roots are being transported to and from heeling-in beds, or are
being distributed in planting beds, or are awaiting planting after distribution, the
contractor shall protect the plants from drying out by means of wet canvas, burlap, or
straw, or by other means acceptable to Planting Supervisor and appropriate to weather
conditions and the length of time the roots will remain out of the ground.
4. Installation:
Soil in the area of shrub and tree plantings shall be loosened to a depth of at least 5
inches.
Bare root vegetation may be planted in a hole made by a mattock, dibble, planting
bar, or other means approved by Planting Supervisor. Rootstock shall be planted in a
vertical position with the root collar approximately ~/z inch below the soil surface.
The planting trench or hole shall be deep and wide enough to permit the roots to
spread out and down without J-rooting. The plant stem shall remain upright.
Soil shall be replaced around the transplanted vegetation and tamped around the shrub
or tree firmly to eliminate air pockets and watered in.
LIVE STAKES
1. General:
Live stakes are to be installed on exposed stream banks to bankfull elevation of the
designed stream. The Planting Supervisor reserves the right to reject any "stakes"
that do not meet the above mentioned criteria. The Contractor shall replace rejected
material at no additional cost to the owner.
2. Materials:
Forrest Creek [tilrtigatioil Banking Mitigation Plan, Orange Coa~~zty, 1Vor2{~ Caroli~za
Mil ~tlantii Mitigation, LLC

• Live stakes are to be dormant (cut fall or winter) and gathered locally or
purchased from a commercial supplier.
• Stakes must be freshly cut with side branches removed, but with bark intact
(ensure that the bark is not stripped during the cutting, preparation, or installation
of the stake).
• Cuttings are to be collected using a saw or sharpened pruning shears (not an ax).
3. Preparation:
One end must be cut at an angle for insertion into the soil and the other end must
be cut square for tamping.
Cuttings must be kept fresh and moist prior to installation.
Cuttings must be prepared from 0.5 to 2-inch diameter stock and approximately 2
to 3 feet in length.
4. Installation:
• Install stakes the same day they are prepared.
• Start the installation nearest to the stream and work up the bank/floodplain.
• Cuttings must be installed right side up with the buds pointing upward.
• Cuttings should be tamped into the ground at right angles to the slope and angled
downstream.
• They are to be tamped into the ground for approximately 4/5 of their length.
• Cuttings that split or become "mushroomed" must be replaced.
• Stakes should be installed in a random configuration to prevent gullies and
promote a more natural effect in the re-vegetated area
Forrest Creek ltifitigation Banging Miti~gc~tion Plan, Orange Corenty, North Carolina
Mid-Atlantic Mitigation, I1_C

SHRUB AND TREE TRANSPLANTS
1. General:
Existing site vegetation may be used to augment plantings. Transplants may only be
taken from disturbed areas.
2. Materials:
Vegetation to be transplanted will be identified by the Planting Supervisor. Shrub
and trees less than 3 inches in diameter shall be salvaged onsite in areas designated
for construction, access areas, and other sites that necessarily will be disturbed.
3. Preparation
Transplanted vegetation shall carefully be excavated with root balls and surrounding
soil remaining intact. Care shall be given not to rip limbs or bark from the shrub and
tree transplants.
4. Installation
Vegetation should be transplanted immediately, if possible. Otherwise, transplanted
vegetation shall be carefully transported to designated stockpile areas and heeled-in in
constantly moist soil or sawdust in an acceptable manner appropriate to weather or
seasonal conditions. The solidity of the plants shall be carefully preserved.
Installation of shrub and tree transplants shall be located in designated areas along the
stream bank above bankfull elevation or in floodplain restoration areas as directed by
Planting Supervisor. In areas of compacted soils, the soil in the area of vegetation
transplants shall be loosened to a depth of at least 1 foot. Transplants shall be
replanted to the same depth as they were originally growing. The planting trench or
hole shall be deep and wide enough to permit the roots to spread out and down
without J-rooting. The plant stem shall remain upright.
Soil shall be replaced around the transplanted vegetation and tamped around the shrub
or tree firmly to eliminate air pockets.
Spacing of vegetation transplants will be determined onsite by the Planting
Supervisor.
Forrest Creek Mitigation Banking Mitigation Plan, Orange Coaanty, North Carolina
1tilid Atlantic Mitigation, LLC

PERMANENT SEEDING SPECIFICATIONS
1. General:
Permanent seeding will be used in combination with woody plantings on the up-slope
side of the riparian areas and down to the bankfull elevation. Permanent seeding will
occur in conjunction with temporary seeding where applicable. This mixture will
also be used in any terrestrial (areas not inundated) riparian areas that have been
disturbed by construction; designated as wetland and/or riparian enhancement; or as
directed by Planting Supervisor.
2. Materials:
A riparian seed mix at the rate of 1/a lb per 1,000 sq ft or 10 lbs per acre shall be used
for seeding. The table labeled "riparian seed mix" lists an herbaceous, permanent
seed mixture.
3. Preparation
On sites where equipment can be operated safely, the seedbed shall be adequately
loosened. Disking may be needed in areas where soil is compacted. Steep banks my
require roughening, either by hand scarifying or by equipment, depending on site
conditions. Planting Supervisor will determine condition needs onsite. If seeding is
done immediately following construction, seedbed preparation may not be required
except on compacted, polished or freshly cut areas. If permanent seeding is
performed in conjunction with temporary seeding, seedbed preparation only needs to
be executed once.
4. Installation
This mixture shall be planted in late fall in combination with the temporary seeding
operation and woody plant installations. Seeding should be done evenly over the area
using a mechanical or hand seeder. A drag should be used to cover the seed with no
more than 1/2 inch of soils. Where a drag cannot safely be utilized, the seed should be
covered by hand raking and/or straw.
Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North Carolina
Mill Atlantii Mitigation, I~L,C

APPENDIX D -Photo Log
Forrest Creek Mitigation Banking Mitig~ztlori Plana, Orara~e Coauzty, North C'arolirza
Mid-Atlantii Mitigation, LLC

~ ~"~: a:
~ ./ _r
~ ..
~~
dr y • a
~~
:r-
~~~ Y ~
f ~ ~,.
vlt j~j~'.~~
4
~, ~ ~ i- ~ yi =.
y r ~. T
Photograph I . UT to Fot~rest Creek location of cattle path crossing
Title ~ Photograph Pages
Project Fon~est Creek Stream Restoration
r~~~,~~odr~~ Orange County, North Carolina
~EarthMark
_ rnmpanies Date
8; 3-1'06
ihpn-0RR57U04 h'orrest Creck`.PfIOTOGR.41'I IS'{.'umpilcd Phutus.duc Prrpurcd by
Project Number Page
Ot2857004 1

Photograph 2. Approximate location of cattle path provided by NRCS

~
~
'
,tw
G
~~ ~ ~~
~
tF
(
?E .. LAY' .,.+'
wk ~,: '. }fit ~, ~Y~.a Ak e:, id
~
_ a~l

Y~ j ,.
+'•
~ a ~,. ~ K ~ . e ~
[
~,~ p

.~~
'"
''
!~ ~ ~ H
~ 4~ ~
~'rk
tq ~.,
~
,
~,
~
~
` f
l .sue'" ix i 1 ~~~

ve~m .+r~rr
~
. i,
D -
w
~
~,,
Y _ ,
r ~
~
w
r.- > ,
, ~ / _ # .
~ tea,
...~
.
~
~ ,

i
- ;a d +u y,
-~ '. .
+r ~ d
~~~+
Photograph 3. Cattle path crossing location
t I - - - ~ - tee- .~
} ~~
t~

,.,
:~
a
,.
~
'
~~
ro
.

"~.+.~." 1+'i ~ `3"z Cv ..odC~ 7S f~ it V ~w M
~ Te

Y
~
.
cS.. R
~~. ~'- iV .~~
'a . ,~ ' .,~
f
~~~

_
.
11
.
~b

Photograph 4. [JT to Forrest Creek cattle damage
Title Photograph Pages
Project Forrest Creek Stream Restoration
r~~~:~~~d E~,~: Orange County, North Carolina
~EarthMark

~ ~ n, p :, ~~ ~ e ~ Date Project Number Page
8/24/06 012857004 2
T.~{ro ~,01?n?7004 Furregt Creck~PFIOTO(iKAPI IS.I ompiled Phunr_adoc Prepe~ruJ by [~~ ~'"°rHOin
~ ~u ~~.~rc

~:~ t i
~ . F~ /
~-
~
,
,
~.
e. _ -~-=,,,~,,,~
/
rl
,
I
t
a 4...~,p~ . _ ~~ . ~

M. k.u
~ ~~
•°Y
y i ~T ., t
S'
f
2r ~ ~rf ~'
'
'
v ._ ,
~
~
I6 -Lit ..f i4 y~ '_~
li R• v ~ ~ 'l *'°v iA T i
r

. .w
~
° m~ ~' ~, 5
" .
~
~' -~fe ;r~ '~ fi~'k~y

,.,~ a, ,. e ~ r~,
jw ..:
~
' °

l.1` ~ ~ ~`~ *.j'r ~ ~~.P ~ ~ ~F` i1 ~ t
^~e
~

~ "
.~ 4~~d~'Zr Tf ~T~rt.~
4
~. • ~ e
Photograph 5. UT to Forrest Creek cattle damage
~ ~
~/a
€' ~
'i'd
'
`df
t
`i
~
~
~~
'~
~
~
#
F
r
iy~
~ ,
~ ~'d
yi,
a 4sf
~
d
ra
"!:
iF+
`
~~
~
~
fr1+0 ` ~
a
~
t_
r< ~
w .{~,~`i~y~~~~ar ~~ ~ g
-~.._~'y r e .S ~ ww`~~~ '4 -.~ ~ -~.~~ .T ~ AY ~A r
~~ ~~ ji~~1~ g~~p r.. ~7
M 4
V'
~
r *
Q. "
w
r
!P ~

~ ~ r ~ a.~ ,~, !. ~ u . „
.
~
.
~~ ~~
~~
} 7R ~~v~
{
t},~~b:,t t
~t it w
t I , FY
G {
f'T "~,vi aka t ~ ~j s ~: ~ f ~ ~,~ }'tip' ~ r }}~~~ yy ,fig g '
~
'
~~
~
6
~
'
~
+ ~i .~
s~.
5A
~~
t gy.4i
A.i
,5 FF
~ ..J ~ I`"" i•?~~
pp`
~
~
4
~
~
~±
~
a
`}
3~ 4 d f _
° ~
ti~ Y.9
9~
~ .rte
[!`~~ '~t# ~° i'W- ~ J
.
. ~
!~' I. J ~' ~ ~
~ ~~W ~ ~ ~
~ V
Z
t '~-
~
^4 sY} [ 'Y RZ "El` AL'.r y4~ ~.
~ ~~~;i .;,F ~~,SV~ 4 !~°~'+r ~ ^° & ~ *'
`
tli' ~'~+~ y.,y~R _ {~
~J ~~R§ y~~.•4~; F~.I a ~~~{p~~r ~e`^..
.~ ~ „~~
/ +r1' ~ ~^, ~
~ ~~ +}u
r
,
3
rm
~~~
~~ ~'i_ '4{. ''
~s
yy ~
t
}~ ,N ~. ~ a 4M su ~ v,. ~'4 / N ~}
,~!~ i1 l ~ .~ C It
~~~
1~
af 'S~r y, ~e~
~~ ~x~~F
~_ ~
~ _?~~ ~~
~
~
i+` .i
~-sF~~f` ~
dPl~~
~'~
~.
i j ~. '~ ~i`cA b~ .s
•°
`
'
~
~
~
.
~{ .,~ 4 y~ ~~
i4 +.r ti+
-~ '~~'0j '~ f l:pK
~
lit ~ f -P'
``zyy..F
~-:d~- y~ A +r~ ~r '!~ ?F A,4l~! '.1G ~.`~~ t \.~q £'~Z' ,+y~,. Vii.
•
* '~
. 41,R ~~'.o ` Y C1 w's Lj '',`yv 4?$. t'~°~Y~, tM~~ !^ averl~~, v r
~~'~
Photograph 6. Above woods, note presence of water July 25, 2006- UT to Forrest Creek
Title Photograph Pages
Project Forrest Creek Stream Restoration
rr<p.irca r„r Orange County, North Carolina
~EarthMark
-. t' ~' m ~~ ~~ ~~ ~ ~' ~ Date Project Number Page
8/24/06 012857004 3
L~pM01?7557001 Forrest Crcck~PHO[OGRAPI IS~Compilcd Phutus.duc PrepurcA by G~~1 ~ys~ ~.irc

{{ d fi~fl
4r \ Y. ~ { T to ~~ I ~ l 'yy~~'~/ aC p
~
MTT
f ~
~ ~, # ~... ~,~'a~'r~~' La ~ rt!;~ r'tr \ ~ ~ ~ ` ~ ~"' ~~~?~`f ~~ ,"fie
'" ~ ~'

,.
~
~
~
l 3
+ t.
~G ,s ~
.. ,r, ~~ ~ +Y . ~ Y W a.
ta 4
~Y°
~
~
t
Y
~
s' i ~
~
-x ~e' ~ ""-
..
.,ate S~ M j ~
j a ' 7
R'
~
/
om
tY Y~ trr`, ,~ n,.r;,
F ~ 3.,-¢... ~:~'*rrsl ~~--.n
i l:.` ,
°` 1 ~:~~n, *
a •~~'qs 1pC - _'?xx ) _ 1 it ~~F ~yy'f b, p ~ ~ ~i. ~~ ~, ~!.
A 5 N 9
s+ s
dA4
,
~
~
~
~ {a
~ ~ ~~ ~ ~ tf ~~ ~
~~
.X ." rf ~ r ~~5 ~~ ~ ~ ` a'
j
~I
~
A
f

~ ~ ,~ ~ ~~ ~. ~ ~ ~r ~, st~
~
l
t s
.r ~ . ~ r ~ '".:~ '~ • r . t'"~ ' t
• ~~ ~
"l~
'
.
•
5
Photograph 7. UT to Forrest Creek

3
~ ,~ ~ ~ , 1f
f ~ ' + ~ '~J ~ _
Y i, ;
~ ~~~ ~~ '' ~
s
~
~
I
r
it .
fn ~ ;~{ lt';
".~ ~'~. it~ ~~...lJa f~7'~~~, ~ j'A1 /"~("~~
Y'ou', ~'%~ {5~~~ , ~7•'~

'
~ YGi ~~~.~~ ~'~ ~ ~ ~ 4
D
t r
s
r r~~K~~
C~ r~ ~~
~ ~ \ « k ~~ 6
,~5~ e ~ R 'F , ' '~i(~ .s. <w S _ r` ~~y +Ae~.,. t"'E A I kJl./`~ '~4n~~r ~~'~ ~4 !^ * ,

'1
'~
v r
},
. (
..
~*-i'-t ~' ~ ~ v
d
~ C
PY•
'~
ak
x P
µ.~~u
,yr
Ex~ .~c'~
~} s~
~ _~
-, YC ~ .,,
. Y as -

Photograph 8. UT to Forrest Creek
Title Photograph Pages
Project Forre
st G~eek~ tream Restoration
rrcpureatar. g
Oran e Count North Carolina
~EarthMark
--- ~ " "' ~' " ° ~ ~' ~ Date Project Number Page
8/24/06 0128 ~ 7004 4
CYpnY01?ft57003 tartest CrcckVPIIOT'U(~RAPIIS~Cumpilcd Phutas.dac Prepurcd by ~~~~ "~r~^
~ aaumnc.~~.

Photograph 10. Forrest Creek restoration section
•
Title Photograph Pages
Project Horrest Creektream Restoration
r~~pa~ed r~~~: Orange Count North Carolina
~EarthMark
-- ~ ° R, ~ a ~~ ~ f' ~ Date Project Number Page
8/24/06 012857004 5
T'.~pnD 1285A1Od ForrestCreek~PIIOTOr R.4PIIS~.l ompfled Photos.duc Prepared by [~~ ~u~',~ ~,~~.
Photograph 9. UT to Forrest Creek

A
~ ~
i ~ ~
2i'".~.
~ t .~
~~~t
at ~
~
~
~
'~:•''
~
~: .u! ~ rte.
i
~
I
~s ~ .
~~
t
.
Ls
~ ~
;
'
a.
Y
~'"~ '~

y~
~ r >
}
~
r

Photograph 11. Forrest Creek farm road creating impoundment above restoration section
~•. r
`
~
'
k
~, r
` '~ ~~ Z, ~ r
•
"R
Sk
~
~+
~
6:~ '~d"~ r }' {
7 ~~~ ~ ~y4 so- ~ -~ '
~
~ Y
~
5 "Y il~ 'E~' k•1 ~ -

.
~
~: ~ 1. ~J J"m. ~"~~Y-.~ y~ iJ'? A ~
~i 3e~s .-. ~ n{

. -..
- g _-'!w~a
Ai_-
~
ni
fi.-.~.
..ri. - ~9' ^. -C'--
~....
Photograph 12. Forrest Creek impoundment from farm road
Title Photograph Pages
Project Forrest Creek Stream Restoration
Pronarcd F~,~- Orange County, North Carolina
~EarthMark
__ c ., m ~, a n i e s Date Project Number Page
8/24/06 012857004 6
T:~pn~01'_Si7UUd Furrest Geck,Pl IOTOGRAPIIS~Compikd Photos-doc Prcpurcd by [~~ ~'"rv'Np1"
~ am annex irc

~' r ~4 ~ ea
~
q
e ~ :r1
~~
~~~
~
~
~ 1
1y~;yrf.-
'may ,.y ':`
+`-
.i
~

,. - ~ $.
~,-~, r 4 ~ ~ ~ ~ X
~ " v>°.
[ •~~•
3y~
.'x.~

,•
'~~ ~~ Si s
~ rf~ -'tic
,,
.Y~, ~., 1,n . ,
~ -~,' J , '

, ,,~' ~ ~.9, 1..:,
k`
~
~ '`C:
~tt i rau ~
9 ~'I } `
~
~
. ~`'~.
~' r' ~A
~ ~ NTH.
kf ~n ~ ~ '~~ i ~ x ,~ ~'i:
y
~
~~ K '~ ~ I
~.,~ ~ ~(~ }.i µ~ ~ i
` ~~ 1 t ~ ~
~ry •
~
~
i y
_~ ~ A..iy'
~ j?a
~ ~. ~.SFY lit ~
~
~
!i~
Photograph 13. Forrest Creek preservation section log jam
a Vii' ~ g ~, ~ +~: '~.~ _ ;
~t
~? ~& x-
a~ ~
..
~ ~ t~ '-~ ~ ~w ~ ~,, ~~ ~ I ~~ ,
.Y I Ti ~ ~ ! , 3j
i n~' ,
~,
'> ~//
,•-~
~
~
vex i~
\ k
d
d~ ° ,~..
~f ~ a
t,t
x
} h
y~1
F
F
'
4 ~
p~, T
y~y
24
~,
t
1
S
i
'
*
E
F ~ w , ~~ Lg,i~~,„ ,,s 1 i
~~

~ 7~ '1 p7Ar GC~ fP~
~i ..~ +~.~*• ~~ 1. f ~ ~ ~ ~-{' ~' ~ ~}. . ,
#h, 1~ An'+Yt ~~f ~• E3 ~'j +. "
4 i~ ~
5` r~
.
i
s

{ - a ~ .Ml' lp~ ~

} ~ ,.~ ~ i..1~L ~
Photograph 14. Forrest Creek preservation section wetland
Title Photograph Pages
Project Forrest Creek Stream Restoration
ri~p~i~~e F~~~ Orange County, North Carolina
~iEarthMark
--- ~~ ~~ "' ~' a " ~ ~ Date Project Number Page
8/24/06 012857004 7
C~,pn~012A~?OOd Forrcat Cack~.Pl IOTOGRAPI IJ,(bmpilcd Phutusduc Pr<purcd by CCI1 .,~eNm~w~~w

4 hri'^~.. C ~'~ ` fi '~ ~y

`' ±~ t tY 'E.°;~"~« p k as ~ ~~w ~~ r ~~.;
~'~ ~~1.1}}}~ JL.pf K ~' \k~N p... ~~~„ ~• M~4yY„
~ y ~ >'~yk,~~~l ~. ~S iiy~- ed.. ~ S. i:,15 4'~'!~ " ~V~ .+6 ~ ( ~~ R. ~ 1 i 4
. `i1 777~~~
M
'
W~
j
4.4 ~. `~rf.... J ~ e. ~ . ~M'
~'k "r~ ` a s' d "jt'~'r 's~~ a ' ;
~ ~iRa ^
~
t~t1_ ~^~ _~ 4i 114 4 M ~~
1 `~.~~
~
+ .. . K
P:
~~1> .,
a~.1Y~ _ .. .,
'
°
4.,
1
1
f i~

.,
t ~ ~~•,. li a; ~~ ~ t ~ r ~ OFF;
.~
;~~ '~.~
~ c
s
~
~
n
ca ,y +~~ ara a d.
i*
P,
~~' } '
c `
~
~
~
6
q~y~ ; a r'',yf'.r'
~ ~t*~~t, ~a, y
~
Y
~ T
~¢

u
,n• ,: ..
~
~,
'a.
.. ~uh.. w - ~..
Photograph
l 5. Forrest Creek preservation section
t
F
~
~A?N ' v': ~ ~ l~j '- 1 ~'+''a Y ~. a'rm'' .~' a c,~a -3 +. 6
~~~a~ '.
r ~ f ~~ ~~~
'k
lf~~~:~~
1
~~
~
~ ~
~~~ ~ 6y .. fle mt V T~ ~ l.. .Y '1'~ y~~
f '. y +~ ~^
fa 2;~G~r +~'fx,5 ,~ ., ~,~~ '~.._ x~'4a~ '~~e`'~~4" ,;r 1k~i*pt~"c''~¢~j
. t. i,~ ~ ..
rt a 1 ~
e
ao
~ '
~
s
o /.y~ ~
f ~ ~

~y ;4 ~
Y
"~ `'~ t ,~i 6~r J 't ~ ~ ~ ~~~, ~a l'r
J'~,'
E gafi- eC ~ P r~ ,~~ . 1•
~_
x -
F 4 ~
it r~
~
vif` c ;~
,
2r
ytif
wl
~~
~"
f
_ `
., ,,
r
_r ~~,
.~
m:;
9 "
1
~ ~ ~n ~~
y,
'sue ~ .:' v °^,.
~ ~~~
Photograph 16. Forrest Creek Bankfull Indicator
Title Photograph Pages
Project Forrest Creek
Stream Restoration
r~rNs~td r~,~ ~
Orange ~,OLlnt ,North Carolina
~EarthMark
-_- 1 ~~ 111 1~ ,1 n ~ ~' ~ Date Project Number Page
8/24/06 012857004 8
C~~pn~01?ffi70U0. Fairest Crcck~.Pl IOTOGRAPI IS`Cuinpilcd Phmos.due Pmpurcd hY C~11 xmey~xom
~N,~~. K

TnpmO L8~7004 Fb~rest G~.ekVPEIO'POGRAP! IS~CompiledPho4is.doc Prepared by ~~~~ ~~~~'^~