20131200 Ver 4_More Info Received_20160816

CLearWaLer
C1earWater Environmental Consultants, Inc.
August 15, 2016 www.cwenv.com
Ms. Karen Higgins
NC DWR, 401 Permitting & Buffer Unit
512 N. Salisbury Street, 91h Floor
Raleigh, North Carolina 27604
Mr. Steve Kichefski
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
AUG 1 s Zoos
RE: Request for Additional Information
Tryon International Equestrian Center
Polk County, North Carolina
Action ID SAW -2013-02262; DWQ Project # 13-1200 v3
Dear Ms. Higgins and Mr. Kichefski,
Please reference the letter dated July 26, 2016 (Attachment A) sent by the NC Division of
Water Resources (DWR) and the email dated August 11, 2016 (Attachment B) sent by
the US Army Corps of Engineers (Corps) in response to the 401 Certification
modification request and 404 permit application modification request submitted by
C1earWater Environmental Consultants, Inc. (CEC), on behalf of Tryon Equestrian
Partners, LLC represented by Mr. Jeff Brown. The modification requested elimination of
four road crossings and proposed a new mitigation plan. The comments provided by the
DWR and Corps are listed and discussed below.
DWR Comment #1: "Issuance of a water quality certification for a proposed project
requires that existing uses are not removed or degraded. On July, 22, 2016, the Division
issued a Notice of Violation (NOV) for stream standard violations and failure to follow
the conditions of the certifications issued for the project. A site inspection revealed an
undetermined length of unnamed tributaries of White Oak Creek was impacted by
sediment deposition, one or potentially two unapproved impacts to surface waters, and
failure to comply with standard sediment and erosion control practices. Please provide a
response as outlined in the NOV."
CEC conducted a site visit on July 25, 2016 to evaluate sediment impacts on site.
CEC identified sediment deposition in six unnamed tributaries to White Oak
Creek. A response to the NOV, including a sediment removal plan, was
submitted to Mr. Andrew Moore at the DWR, Asheville Regional Office on July
32 Clayton Street
Asheville, NC 28801
828-698-9800 Tel

August 15, 2016
Page 2 of 3
28, 2016. The sediment removal plan was approved sediment removal occurred
from August 4-9. The final report documenting sediment removal was submitted
to the DWR on August 15, 2016 (Attachment Q.
DWR Comment #2: "The Division has the following comments regarding the new
mitigation plan proposed by the modification request."
"a. If any of the proposed mitigation site is or was in pasture, treatment of fescue
and possibly ripping before planting should be added to the plan to help the
survival of bare root plants."
The above request was added to the Updated Mitigation Plan (Attachment
D) in Section 6.4 on page 6.
"b. Installation of bank pins are proposed, but they are not necessary for this
project."
CEC reviewed the Mitigation Plan - Draft submitted on June 10, 2016 and
did not find references to installation of bank pins. In the event that
CEC's review did not identify the reference, please indicate the relative
page or section and the reference will be removed.
"c. Specify that vegetation monitoring will at a minimum consist of 3 fixed plots.
However, the Division recommends 4 plots consisting of 2 fixed plots and 2
random plots."
The above request was added to the Updated Mitigation Plan (Attachment
D) in Table 4 on page 8.
"d. Mapping of exotic vegetation, encroachments, and photograph stations
should be included on the monitoring annual plan view. This plan should identify
vegetation plot location and success, stream problem areas, areas of exotic
vegetation and any encroachments."
The above request was added to the Updated Mitigation Plan (Attachment
D) in Table 4 on page 7 and 8.
"e. In the performance standards, the vegetation metric that no more than 15%
cover of exotic/invasive species should be lowered to 10%."
The above request was added to the Updated Mitigation Plan (Attachment
D) in Table 3 on page 7.
Corps Comment # 1: "As of the last communication between Mr. Carl Pruitt of the Corps
of Engineers and the applicant's attorney, Billy Clarke, regarding coordination of the
proposed Conservation Easement, one final requested provision has yet to be agreed

August 15, 2016
Page 3 of 3
upon. Final agreement upon the conservation easement with Mr. Pruitt is needed prior to
acceptance of the final mitigation plan."
Along with the above changes to the Mitigation Plan, the proposed Conservation
Easement documents have also been updated (Appendix B in the Updated
Mitigation Plan) per conversations with Mr. Carl Pruitt of the US Army Corps of
Engineers. Conservation Easement language will be final upon review by Polk
County Soil and Water Conservation District.
Corps Comment #2: "As part of the final mitigation plan, provide a more detailed
description of financial assurances and long term management funds that will be
provided and justification as to how they are sufficient to ensure a high level of
confidence that the mitigation project will be successfully completed, in accordance with
its performance standards."
The above request was added to the Updated Mitigation Plan (Attachment D) in
Section 9 on page 8 and Section 11 on page 9.
The applicant believes the information submitted in this package addresses all issues set
forth by the DWR in their letter dated July 26, 2016. Should you have any questions or
comments concerning this project please do not hesitate to contact me at 828-698-9800.
Sincerely,
Rebekah N. Reid R. Cement Riddle, P.W.S.
Senior Project Manager Principal
Cc: NC Division of Water Resources, Asheville — Andrew Moore

Attachment A
DWR Request for Additional Information
(dated July 26, 2016)

Wa ter Resources
ENVIRONMENTAL OLIALITY
July 26, 2016
Tryon Equestrian Partners, LLC
Attn: Jeff Brown
2659 Sandy Plains Road
Tryon, NC 28782
Subject: REQUEST FOR ADDITIONAL INFORMATION
Tryon International Equestrian Center
Dear Mr. Brown:
PAT MCCRORY
DONALD R. VAN DER VAART
S. JAY ZIMMERMAN
DWR # 13-1200 V2
Polk County
On June 13, 2016, the Division of Water Resources (Division) received your request, dated June
10, 2016, to modify Individual Water Quality Certification #4047 issued for the subject project
by the Division on February 2, 2016. The Division has determined that your request is
incomplete and cannot be processed. The application is on -hold until all of the following
information is received:
1. Issuance of a water quality certification for a proposed project requires that existing
uses are not removed or degraded. On July 22, 2016, the Division issued a Notice of
Violation (NOV) for stream standard violations and failure to follow the conditions of the
certifications issued for the project. A site inspection revealed an undetermined length
of unnamed tributaries of White Oak Creek was impacted by sediment deposition, one
or potentially two unapproved impacts to surface waters, and failure to comply with
standard sediment and erosion control practices. Please provide a response as outlined
in the NOV.
2. The Division has the following comments regarding the new mitigation plan proposed by
the modification request. If you have any questions about the comments on the
mitigation plan, please contact Mac Haupt at 919-807-6476 or [e-mail].
a. If any of the proposed mitigation site is or was in pasture, treatment of fescue
and possibly ripping before planting should be added to the plan to help the
survival of bare root plants.
b. Installation of bank pins are proposed, but they are not necessary for this
project.
c. Specify that vegetation monitoring will at a minimum consist of 3 fixed plots.
However, the Division recommends 4 plots consisting of 2 fixed plots and 2
random plots.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh. North Carolina 2 7699-1 61 7
919 807 6300

Tryon Equestrian Partners, LLC
DWR# 13-1200 v4
Request for Additional Information
Page 2 of 2
d. Mapping of exotic vegetation, encroachments, and photograph stations should
be included on the monitoring annual plan view. This plan should identify
vegetation plot location and success, stream problem areas, areas of exotic
vegetation and any encroachments.
e. In the performance standards, the vegetation metric that no more than 15%
cover of exotic/invasive species should be lowered to 10%.
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by sending three (3) copies of all of the above requested
information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC
27699-1617. If all of the requested information is not received in writing within 30 calendar
days of receipt of this letter, the Division will be unable to approve the application and it will be
returned. The return of this project will necessitate reapplication to the Division for approval,
including a complete application package and the appropriate fee.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act
for this activity and any work done within waters of the state may be a violation of North
Carolina General Statutes and Administrative Code.
Please contact Andrew Moore at 828-296-4684 or [e-mail] or Jennifer
Burdette at 919-807-6364 or [e-mail] if you have any questions or
concerns.
Sincerely,
l'
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Clement Riddle, ClearWater Environmental Consultants, Inc., 32 Clayton Road,
Asheville, NC 28801
USACE Asheville Regulatory Field Office
DWR ARO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 131200V4TryonintEquestrianCtr(Polk)_401_IC_Mod_Hold.docx

Attachment B
Corps Request for Additional Information Email
(dated August 11, 2016)

Rebekah Reid
From: Kichefski, Steven L SAW <[e-mail]>
Sent: Thursday, August 11, 201612:01 AM
To: Rebekah Reid; Clement Riddle
Cc: Burdette, Jennifer a; Pruitt, Carl E SAW
Subject: TIEC mitigation
Rebekah/Clement,
After reviewing the draft mitigation plan for the Harmon Dairy Stream Mitigation Project, received on June 14, 2016 we
have the following comments:
1) As of the last communication between Mr. Carl Pruitt of the Corps of Engineers and the applicant's attorney, Billy
Clarke, regarding coordination of the proposed Conservation Easement, one final requested provision has yet to be
agreed upon. Final agreement upon the conservation easement with Mr. Pruitt is needed prior to acceptance of the final
mitigation plan.
2) As part of the final mitigation plan, provide a more detailed description of financial assurances and long term
management funds that will be provided and justification as to how they are sufficient to ensure a high level of
confidence that the mitigation project will be successfully completed, in accordance with its performance standards.
This should abide by RGL 05-1 and consider appropriate estimates for the construction, monitoring, contingency, etc.
that will be required to remediate the site according to the final approved plan. The mitigation rule speaks directly to
assurance timing and release. With respect to timing in the case of permittee -responsible mitigation projects, the rule
states, "If financial assurances are required, the permit must include a special condition requiring the financial
assurances to be in place before commencing the permitted activity." [33 CFR 332.3(n)(3)].
3) To ensure an appropriate diversity of planted species within the buffer, no more that 20% of any single woody species
should be planted as part of the re -vegetation plan for the project.
Feel free to contact me with any questions related to our comments on the mitigation plan.
Regards,
Steve Kichefski
Regulatory Project Manager
U.S. Army Corps of Engineers
Wilmington District, Asheville Field Office
151 Patton Avenue, Suite 208
Asheville, NC 28801
(828)-271-7980 Ext. 234
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at our website at
http://corpsmapu.usace.armv.mil/cm apex/VP=136:4:0 to complete the survey online.

Attachment C
Sediment Removal Final Report
(dated August 15, 2016)

CLearWater
C1earWater Environmental Consultants, Inc.
www.cwenv.com
August 15, 2016
Mr. Andrew Moore
NC Division of Water Resources
2090 US Highway 70
Swannanoa, North Carolina 28778
RE: Sediment Removal Final Report
Tryon Equestrian Partners, LLC
DWR Project # NOV-2016-PC-00306
Polk County, North Carolina
Dear Mr. Moore,
Please reference the "Notice of Violation" (NOV) letter dated July 22, 2016 (Attachment A)
sent by the NC Division of Water Resources (DWR) in response to a site visit conducted on
July 12, 2016. The subject property is owned by Tryon Equestrian Partners, LLC and is
located in Polk County, North Carolina (Figure 1). The NOV required an evaluation of all
streams on site for unpermitted impacts. ClearWater Environmental Consultants, Inc. (CEC)
conducted this assessment on July 25, 2016 and identified unauthorized sediment deposition
within six unnamed tributaries of White Oak Creek (Figure 2). The NOV required
corrective measures be taken to address these impacts. Corrective measures performed
on-site were implemented in accordance with a remediation plan previously submitted by
CEC on July 28, 2016 and approved by the DWR on August 4, 2016. The DWR
requested a final report be submitted after remediation activities were complete at the
site.
Clary Hood Contractors represented by Mr. Fate Lawing conducted remediation activities
according to the approved plan over the course of three weeks during July -August of
2016. A total of approximately 1,298 cubic feet of accumulated sediment was removed
from the six unnamed streams through the use of shovels and buckets. Sediment was
skimmed from the surface of the stream until native material was found. Sediment was
then removed from the stream channels, transported by bucket, and relocated to upland
disposal sites located approximately 30 feet from jurisdictional water. Sediment spoil
piles are currently contained by silt fence perimeters and have been seeded for additional
stability.
The NOV also addressed methods for controlling turbidity during sediment removal
activities and the placement of an unpermitted boulder within a tributary to White Oak
Creek. In order to reduce turbidity during sediment removal, coir logs were placed within
a downstream portion of Stream KA, near the confluence of Stream KA and KB, before
32 Clayton Street
Asheville, NC 28801
828-698-9800 Tel

Mr. Andrew Moore
August 15, 2016
Page 2 of 2
the confluence of Stream KD and White Oak Creek, and a downstream section of Stream
KE (Figure 1). The unpermitted boulder was removed from Stream KD.
CEC represented by Ms. Kaylie Yankura conducted a final site inspection on August 9
and August 12, 2016. Representative before and after photographs of the site are
included in Attachment B.
In order to maintain compliance, Clary Hood Contractors will be responsible for
maintaining all records for the NCGO10000 reporting form and Odom Engineering has
staff available on-site to perform routine inspections.
It is the opinion of CEC that remediation activities at the site are complete. CEC
respectfully requests a letter of concurrence be sent to Tryon Equestrian Partners, LLC
resolving this matter. Should you have any questions or comments concerning this project
please do not hesitate to contact me at 828-698-9800.
Sincerely,
-A. /ice
V
Kaylie A. Y
Biologist
Cc: Ms. Jennifer Burdette, NCDWR
Mr. Steve Kichefski; Corps of Engineers
J
R. Clement Riddle, P.W.S.
Principal

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Figure 2

Attachment A
Notice of Violation
(Dated July 22, 2016)

worerResoumn
SHVIROMaNTAI ouum
July 22, 2016
CE TmM MAIL 70121010 00021965 7376
RETURN RECEIPT REOUESTED
Tryon Equestrian Partners, LLC
Attn: Jeff Brown
2569 Sandy Plains Road
Tryon, NC 28782
CCERTIMD MAIL 70121520 0003 5463 0332
RETURN RECEIPT REOUESTED
Clary Hood Inc.
Attn: Tom Addley
150 Conway Black Road
Spartanburg, SC 29301
PAT MCCRORY
commor
DONALD R. VAN DER VAART
s --y
S. JAY ZIMMERMAN
Dwaor
Subject: NOTICE OF VIOLATION
and RECOMMENDATION FOR ENFORCEMENT
NOV-2016-PC-0306
Stream Standard Violation — Other Waste (In -stream sediment)
401 Water Quality Certification (WQC) Conditions
Polk County
Required Response Date: August 5, 2016
Dear Mr. Brown and Mr. Addley:
On July 12, 2016, Andrew Moore from the Asheville Regional OlEce (ARO) of the Division of
Water Resources (DWR) conducted a site inspection of the Tryon International Equestrian Center
(TIEC) in Polk County. The site inspection was initiated in response to a complaint alleging
excessive turbidity in White Oak Creek.
Stream standard and 401 Water Quality Certification (WQC) violations were noted during the
inspection and file review. Sediment impacts to unnamed tributaries of White Oak Creek (Class
C) were documented.
As a result of the site inspection, the following violations were identified:
Store orNaah Csm1u I Ew0rV-t%1W QoJhy 1 W&= 7tc Gw=
low US Hwy 70 1 Sww==� NoM CwAu 78778
1:87961588

Tryon Equestrian Partnere, LLC
July 22, 2016
Page 2 of 5
VIOLATIONS
Other Waste (In -Stream Sediment) —15A NCAC 0211.0211(12) — An undetermined
length of unnamed tributaries of White Oak Creek (Class C) was impacted by sediment
deposition measured up to 11 inches in depth in pools within stream reaches. Title 15A
North Carolina Administrative Code 02B .0211(12) requires that "Oils; deleterious
substances; colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation or to aquatic life and wildlife or adversely
affect the palatability of fish, aesthetic quality or impair the waters for any designated
uses,"
II. 401 WQC Condition Violation — Tryon Equestrian Partners, LLC submitted a Pre -
Construction (PCI) dated October 31, 2013. The impacts were requested under U.S.
Army Corps of Engineers Nationwide Permit 39, and the corresponding General Water
Quality Certification 3890. DWR issued an approval letter for the impacts an February
17, 2014. Tryon Equestrian Partners, LLC also submitted an Individual Permit
Application for a U.S. Arany Corps of Engineers Section 404 Permit and a North Carolina
Individual 401 Water Quality Certification dated June 2015. DWR issued an approval
letter for the impacts on February 2, 2016.
Both approval letters specify that the activities must follow the conditions listed in the
corresponding Water Quality Certification, as well as additional conditions listed in the
letter.
Accordingly, the following observation and/or permit condition violations were noted
during the DWR inspection and subsequent file review: -
1. No impacts Beyond those Authorized in the Written Approval of Beyond the
Threshold of Use of the Certification.
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or
riparian areas beyond the footprint of the impacts depicted in the PCN, as
authorized in the written approval from the Division or beyond the thresholds
established for use of the Certification without written authorization, including
incidental impacts. All construction activities, including the design, installation,
operation, and maintenance of sediment and erosion control Best Management
Practices shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
In addition to the in -stream sediment documented as an impact beyond those
authorized in the written approval, the following were also observed:

Tryun Equestrian Partners, LLC
July 22, 2016
Page 3 of 5
a. A large boulder was observed to have been intentionally placed
within an unnamed tributary of While Oak Creek. A review of the
file indicates this is an unapproved impact.
b. A settling basin with two gravel and rip rap check dams was
observed within a valley up -gradient of a jurisdictional perennial
stream and downgradient of an jurisdictional intermittent stream
reach. It was not clear at the time of the inspection whether the
basin and check dams were in jurisdictional waters.
2. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices.
REQUIRED RESPONSE
Accordingly, you are directed to respond to this letter in writing by August S. 2016. Your response
should be sent to this office at the footer address or via email to Andrew W.Moorc-MA dcnr.aov
and include the following:
1. Stream Standard — Other Waste (In -Stream Sediment)
Evaluate all streams on site and downstream for unparmitted impacts. Provide a
map of the project area and impacted area downstream detailing all unpermitted
impacts.
Submit a Sediment Rcmoval Plan (Plan) to this office for review and approval.
The Plan must address removal of accumulated sediment from all surfaee waters.
Sediment impacts to the streams on-site and downstream of the site must be
removed. You must secure and environmental consultant experienced in stream
restoration to assist you with developing your Plan, and obtaining any necessary
approvals. It is recommended that your consultant contact Andrew Moore of the
Asheville Regional Office for additional guidance during Plan development. The
Plan should include:
• A narrative explaining how sediment will be removed including
techniques, manpower and tools to be used.
• A proposed schedule with dates that indicate when you expect to begin
and complete the removal of sediment.
• A diagram of all impacted stream cbermels, referenced with photo
documentation of sediment impacts before and after removal.
• A narrative explaining how and where the removed sediment will be
disposed and stabilized.
• A narrative explaining how turbidity standards will not be exceeded.

Tryon Equestrian Partners, LLC
July 22, 2016
Page 4 of 5
c. Once the work is complete, a final report documenting the results of the sediment
removal activities should be submitted to Andrew Moore.
2. 401 Water Quality Certification Condition Violation
a. Please provide an explanation as to why the project has not been maintained in
compliance with the Certification and the specific steps you plan to take to return
the site to compliance with the Certification. Specifically address:
i. The unpermitted boulder placed with the unnamed tributary of White Oak
Creek.
ii. Please confirm using GPS that the gravel and rip rap check dams placed
within the valley between two jurisdictional features are not located within
jurisdictional features and that none of the rip rap and gravel has migrated
into jurisdictional waters.
iii. Please coordinate with the North Carolina Division of Energy, Mineral,
and Land Resources to bring the sediment and erosion control measures
into compliance to prevent additional water quality violations.
Once the work is complete, a final report documenting the results of the sediment removal
activities should be submitted to Andrew Moore.
Thank you for your attention to this matter. This ofte requires that the violations, as detailed
above, be abated immediately and properly resolved. Environmental damage and/or failure to
secure proper authorizations have been documented on the subject tract as stated above. Your
efforts to undertake actions to bring the subject site back into compliance is not an admission,
rather it is an action that must be taken in order to begin to resolve ongoing environmental issues.

Tryon Equestrian Partncm, LLC
July 22, 2016
Page 5 of 5
Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil
penalty assessment of up to a maximum $25,000.00 per day for each violation. Your above-
mentioned response to this correspondence, the degree and extent of harm to the environment,
and the duration and gravity of the violation(s) will be considered in any civil penalty assessment
process that may occur. Should you have any questions regarding these matters, please contact
Andrew Moore at (828) 2964684 or Andrew W Moo a edenr.eov.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc; Karen Higgins — 401 & Buffer Permitting Unit
Jennifer Burdette — 401 & Buffer Permitting Unit (via email)
David Odom — Odom Engineering, Inc. (via email)
Wayne Watkins — Odom Engineering, Inc. (via email)
Steve Kichefski — US Army Corps of Engineers (via email)
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email)
Shawna Riddle — Division of Energy, h4ineral, and Land Resources (via email)
ARO file
Polk County Planning
(t1WP%WQftlkt DI*4oa.DOT%Tnvut-qu=WmCen uMI6 NOWNOV-2016-PG M.7 32-16.dM

Attachment B
Representative Photographs
(Dated July 25 & 26, 2016,
August 9 & 12, 2016)

Photo la. Stream KA (Flag 10), 5-6 inches of sediment accumulation. View
Downstream.
Photo lb. Stream KA (Flag 10), 5-6 inches of sediment accumulation removed. View
Downstream.

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Photo 5a: Stream KC (Flag 1), 6-7 inches of accumulated sediment. view vownstream.
-,i,, r .
Photo 5b: Stream KC (Flag 1), 6-7 inches of accumulated sediment removed. view
Downstream.

Photo 6a: Stream KD (Flag 1), 5-7 inches of accumulated sediment. view upstream.
Photo 6b: Stream KD (Flag 1), 5-7 inches of accumulated sediment removed. View
Upstream (Photo taken from farther downstream, looking upstream towards original
Photo 6a location. Downed trees from a recent storm obstructed the view.).

Photo 8a: Stream KE (Flag 10), 7-10 inches of accumulated sediment. View
Downstream.
Photo 8b: Stream KE (Flag 10), 7-10 inches of accumulated sediment removed. View
Downstream.

Photo 9a: Stream KE (Flag 12), 6-11 inches of accumulated sediment. View
Downstream.
Photo 9b: Stream KE (Flag 12), 6-11 inches of accumulated sediment removed. View
Downstream.

Photo 10a: Stream KE (Flag 16), 7-12 inches of accumulated sediment. View
Downstream.
Photo 10b: Stream KE (Flag 16), 7-12 inches of accumulated sediment removed. View
Downstream.

Photo 11: Stream KF (Flag 1), 1-3 inches of accumulated sediment removed. view
Downstream.
Photo 12: Unpermitted boulder removed from Stream KU.

Attachment D
Updated Mitigation Plan
(dated August 15, 2016)

Updated Mitigation Plan —Draft
Harmon Dairy Stream Mitigation Project
Polk County, North Carolina
Broad River Basin
August 15, 2016
Prepared by:
CLear\Nater WWILDLANDS
♦�/ ENGINEERING
32 Clayton Street 167-B Haywood Road
Asheville, NC 28801 Asheville, NC 28806

Table of Contents
1.0 PROJECT SUMMARY..........................................................................................1
1.1 Project Objectives..............................................................................................1
2.0 SITE SELECTION...............................................:.................................................1
3.0 SITE PROTECTION INSTRUMENT..................................................................
2
4.0 BASELINE INFORMATION................................................................................
2
4.1 Location...............................................................................................................2
4.2 Existing Site Conditions..................................................................................... 2
5.0 DETERMINATION OF CREDITS......................................................................
4
6.0 MITIGATION WORK PLAN AND MANINTENANCE PLAN.......................4
6.1 Design Approach................................................................................................
4
6.2 Construction Schedule....................................................................................... 5
6.3 Erosion and Sediment Control Measures........................................................
5
6.4 Stream Bank and Floodplain Re -Vegetation ................................................... 6
6.5 Invasive Species Control....................................................................................
6
6.6 Maintenance Plan...............................................................................................
6
7.0 PERFORMANCE STANDARDS.......................................................................... 7
8.0 MONITORING REQUIREMENTS..................................................................... 7
10.0 ADAPTIVE MANAGEMENT PLAN.................................................................. 8
11.0 FINANCIAL ASSURANCES............................................................................... 9
12.0 REFERENCES.....................................................................................................11
APPENDIX A: FIGURES
Figure 1. Site Vicinity Map
Figure 2. USGS Topographic Quadrangle
Figure 3. Aerial Map
Figure 4. Stream and Wetland Delineation Map
APPENDIX B: CONSERVATION EASEMENT
APPENDIX C: GEOMORPHIC DATA
PHOTOGRAPHS
CALCULATIONS
APPENDIX D: RESTORATION PLANS

1.0 PROJECT SUMMARY
Tryon Equestrian Partners, LLC (TEP) is proposing to enhance and restore 1,383 linear feet (LF) of
stream channel at the Harmon Dairy Stream Mitigation Project site (site) in Polk County, North Carolina
(Appendix A, Figure 1). The proposed project would generate 1,126 Stream Mitigation Units (SMUs).
Restoration would offset environmental losses resulting from unavoidable impacts associated with the
proposed Tryon International Equestrian Center (TIEC) in Polk County.
1.1 Project Objectives
The resource functions of the proposed stream restoration project address needed improvements to the
watershed in several ways. The existing stream at the site is degraded due to prior channelization,
habitat alteration, excess sediment from bank erosion, limited riparian buffers, and livestock trampling.
The proposed project would address these impairments and improve watershed functions by restoring
approximately 1,126 linear feet of an unnamed tributary (UT) to Mary's Branch.
The primary goal of the stream restoration project would be to return the project reach to a stable, well -
vegetated, and naturally functioning condition. Specific stream restoration objectives include:
improving bank stability, enhancing aquatic and terrestrial habitats, removing invasive exotic plant
species, and establishing more robust and wider vegetative buffers.
2.0 SITE SELECTION
The applicant has chosen off-site, in-kind mitigation in the form of restoration to fulfill mitigation
requirements associated with development of the TIEC. The project site was selected because it has a
high likelihood of success based on a number of factors, including: landscape position; absence of
significant constraints; and conservation protection. There are no approved mitigation banks in the
watershed.
The watershed of the proposed project reach is approximately 181 acres and over 1,000 linear feet of
stream channel would be enhanced or restored, and preserved. Establishing upland riparian buffers
around stream resources would limit indirect and cumulative impacts associated with the ongoing dairy
operation. Streams on site would have no protections should the mitigation plan be determined
unacceptable. Restoring or enhancing streams now is more beneficial than funding large-scale
restoration at a later date. Streams would also be preserved. Although mitigation provided by a
mitigation bank or in -lieu fee program would provide mitigation within the same watershed, stream
reaches used for mitigation could be many miles from the permitted project site. The Harmon Dairy is
approximately 5 miles from the TIEC.
Permittee responsible mitigation is an accepted means of providing compensatory mitigation. When
properly designed and implemented, and appropriately monitored, this approach offers a predictable and
tested way of achieving compensatory mitigation as well as the opportunity to protect unique, natural
features. Mitigation activities are justified because of the degraded nature of the existing stream and the
plan to restore the UT to Mary's Branch to an ecologically self-sustaining stream.
Harmon Dairy Stream Mitigation Plan 1 June 2016

3.0 SITE PROTECTION INSTRUMENT
A Conservation Easement (CE) on the property would be held by the Polk County Soil and Water
Conservation District (SWCD) to protect in perpetuity the improved aquatic habitats and riparian buffers
of the stream restoration project and restrict future activities that may compromise the functions and
services of the aquatic resources (Appendix B). The permanent conservation easement would extend at
least 50 feet beyond the top of both banks. Within the conservation easement, the riparian buffer would
be planted with native trees and shrubs, as well as live stakes or live whips and transplants, to provide
post -construction bank stability, erosion control and riparian habitat enhancement.
All site protection instruments require 60 -day advance notification to the US Army Corps of Engineers
(Corps) and the NC Division of Water Resources (DWR) prior to any action to void, amend, or modify
the document. No such action would take place unless approved by the Corps and DWR.
4.0 BASELINE INFORMATION
4.1 Location
The proposed site is located in the Piedmont physiographic province (NCGS 2004) in Polk County,
North Carolina. The proposed site is accessed from NC Highway 9 in the town of Green Creek
(Appendix A, Figure 1). The proposed site is bordered by Mary's Branch to the west, and stream and
wetlands on site are UTs to Mary's Branch in the Broad River basin (HUC 03050105).
To access the site from Asheville, take Interstate 26 East for 36 miles to Exit 67. Follow US -74 East
toward Columbus. Take Exit 167 and turn south onto NC Highway 9. After approximately 7 miles, turn
right onto Harmon Dairy Lane. Harmon Dairy Lane ends at the dairy. The project reach is located to the
west of the diary barns.
4.2 Existing Site Conditions
The watershed of the UT to Mary's Branch measures approximately 181 acres and is primarily used for
pasture (Appendix A, Figure 2 and 3). Land use in the project area is predominantly pasture with
pockets of mixed hardwood/pine forests. The surrounding land use is similar, but also includes
residential home sites.
The project reach was apparently channelized, straightened, and moved to the edge of the valley in order
to maximize usable pasture land. The upstream end of the project reach has been trampled by cattle
over the past several decades and fine sediment has covered the native gravel bed materials. The
downstream reach is undergoing an incision process as the channel profile adjusts to the steeper grade
imposed by straightening and by its connection to Mary's Branch, which is also incised. Banks are
nearly vertical with raw soil and evidence of active erosion. The project reach can be characterized by
Stage III (degradation) in the Simon Channel Evolution Model. The upstream reach can be classified in
the Rosgen classification system as an "F" while the downstream reach can be classified as a "G" or
"E„
Harmon Dairy Stream Mitigation Plan 2 June 2016

The riparian buffer that exists along the left bank of the project reach is dominated by Chinese privet
(Ligustrum sinense), with some Japanese honeysuckle (Lonicera japonica) and multi -flora rose (Rosa
multiflora). Native tree species include maple species and American beech (Fagus grandifolia).
Photographs of the site along with geomorphic and sediment data are included for review (Appendix Q.
A stream and wetland delineation map is included in (Appendix A, Figure 4). Baseline information and
attributes are summarized in Table 1 below.
N/A - Not Applicable
Harmon Dairy Stream Mitigation Plan 3 June 2016
Table 1. Project Baseline Information and Attributes
Harmon Dairy Stream Mitigation Project
Project Information
Project County
Polk
Project Area (acres)
3.8
Project Coordinates (latitude and longitude)
35.201888,-82.064722
Project Watershed Summary Information
Physiographic Province
Piedmont
River Basin
Broad
USGS Hydrologic Unit
8 -digit: 03050105
14 -digit: 03050 105 1 50020
DWQ Sub -basin
03-08-06
Project Drainage Area (acres)
181
Project Drainage Area Percentage of Impervious Area
<10%
CGIA Land Use Classification
Forested (53%), Cultivated Crops and Hay (33%), Grassland (1 I%),
Developed (2%), Impervious (<I%), Barren (<I%)
Reach Sumanary Information
Parameters
UT Mary's Branch UT Mary's Branch
Reach 1 Reach 2
Length of Reach (linear feet)
152
900
Valley Classification
VIII
VIII
Drainage Area (acres)
102
181
NCDWQ Water Quality Classification
C
C
Morphological Description (Stream T )
F
E
Evolution Trend
F -E
E -G -F -E
Underlying Mapped Soils
RnE
Drainage Class
Well Drained
Soil Hydric Status
No
Slope
1.7% 1
1.1%
FEMA Classification
Zone X
Zone X
Native Vegetative Community
Riparian
Ri avian
Percent Composition of Exotic Invasive Vegetation
—30%
—30%
Wetland Summary Information
N/A
Regulatory Considerations
Regulation
Applicable
Resolved Supporting Documentation
Waters of the United States - Section 404
Yes
No
Waters of the United States - Section 401
Yes
No
Endangered Species Acts
No
No
Historic Preservation Act
Yes
No
Coastal Zone Management Act (CZMA) / Coastal Area Management Act (CAMA) NoN/A
FEMA Floodplain Compliance
Yes
No
Essential Fisheries Habitat
No
N/A
N/A - Not Applicable
Harmon Dairy Stream Mitigation Plan 3 June 2016

5.0 DETERMINATION OF CREDITS
Mitigation credits presented in these tables are projections based upon site design. Upon
completion of site construction, the project components and credits data would be revised
to be consistent with the as -built condition.
N/A - Not Applicable
6.0 MITIGATION WORK PLAN AND MANINTENANCE PLAN
6.1 Design Approach
The restoration plan (Appendix D) provides for restoring bank and bed stability,
promoting sediment transport equilibrium over a range of discharges, and improving
aquatic and terrestrial habitats. Establishing and maintaining a native forested riparian
buffer along the stream banks would help improve bank stability and reduce water
temperatures as the canopy matures. Land uses in the conservation easement areas would
be restricted to protect planted vegetation and ensure long-term recovery of riparian
functions. Changes in hydraulic geometry features, such as the creation of riffles and
pools, would enhance habitat function and contribute to an overall improvement in
habitat diversity.
Stream restoration and enhancement would be accomplished using a natural channel
design approach to restore appropriate channel dimension, pattern, and profile. These
improved conditions would promote water and sediment transport equilibrium between
the stream and its watershed, reconnect the stream to its floodplain, and promote healthy
in -stream and riparian habitats. Proposed restoration involves on-line restoration of
channel dimensions and in -stream structures in the upstream reach, and excavation of a
new, off-line channel over the downstream reach. The proposed project would also
include removing invasive plant species and planting native riparian buffer vegetation.
Harmon Dairy Stream Mitigation Plan 4 June 2016
Table 2. Projected Mitigation Credits
Harmon Dah7 Stream Mt1gation Pmjed
MI on Credit Stmtmariea
Stream
Riparian Wetland
Non -Riparian
Wetland
Buffer
Nitrogen Nutrient
Offset
Phosphorous Nutrient Offset
Overall Credit
1,126
N/A
N/A
I N/A
N/A N/A
N/A
Project Components
Project Component or Reach
ID
Stationing
e -project estoration
Footage or Footage or Restoration
Acreage Acreage Level
estoration
or Rest Mitigatio Mitigation Notes
Equiv. n Ratio Credits
UT Mary's Branch Reach 1
1+66-3+18
152 152 E2
E 2.5:1
61
UT Mary's Branch Reach 2
3+18-13+83
900 1,065 R
R 1:1
1,065
Length and Area Summations
Restoration Level
Stream (Linear
Feet)
Non -
Riparian Wetland (acres) riparian
Wetland
Buffer (Square feet)
Upland (acres)
Riverine Non-Riverine
Restoration
1065
Enhancement
152
N/A - Not Applicable
6.0 MITIGATION WORK PLAN AND MANINTENANCE PLAN
6.1 Design Approach
The restoration plan (Appendix D) provides for restoring bank and bed stability,
promoting sediment transport equilibrium over a range of discharges, and improving
aquatic and terrestrial habitats. Establishing and maintaining a native forested riparian
buffer along the stream banks would help improve bank stability and reduce water
temperatures as the canopy matures. Land uses in the conservation easement areas would
be restricted to protect planted vegetation and ensure long-term recovery of riparian
functions. Changes in hydraulic geometry features, such as the creation of riffles and
pools, would enhance habitat function and contribute to an overall improvement in
habitat diversity.
Stream restoration and enhancement would be accomplished using a natural channel
design approach to restore appropriate channel dimension, pattern, and profile. These
improved conditions would promote water and sediment transport equilibrium between
the stream and its watershed, reconnect the stream to its floodplain, and promote healthy
in -stream and riparian habitats. Proposed restoration involves on-line restoration of
channel dimensions and in -stream structures in the upstream reach, and excavation of a
new, off-line channel over the downstream reach. The proposed project would also
include removing invasive plant species and planting native riparian buffer vegetation.
Harmon Dairy Stream Mitigation Plan 4 June 2016

The design approach for restoration would be mainly a Priority I, with Priority II
elements at the upstream and downstream ends of the project reach. The Priority I
approach raises the stream to its original floodplain elevation, abandoning the old
channel. The Priority II approach involves creating a new stream channel and floodplain
at the current channel elevation. In both cases, when abandoned, the old channel would
be filled with spoil produced by the excavation of the new channel and floodplain.
Stream restoration measures have been designed using a combination of analytical data
and reference reaches from stable reaches found with a similar valley type. The project
design also incorporates natural materials, such as gravel, cobble and logs to improve in -
stream habitat and provide lateral stability. Bioengineering measures would be installed
on restored stream banks, particularly at the outside bends where stresses are high, in
order to promote bank stability and quickly establish a near -bank vegetative cover.
Sediment transport competence analyses have been performed to check that the designed
channel would transport the size of sediment available within the watershed. The
analyses, summarized in Appendix C, indicate that the design stream reaches would have
bankfull shear stresses capable of mobilizing the larger fraction (D84 to D100) of the bed
materials sampled at the site.
Bankfull dimensions and estimated bankfull discharge were evaluated based on site
surveys, regional hydraulic geometry relationships, and hydraulic modeling. The design
bankfull dimensions, slope, and discharge match regional relationships well.
6.2 Construction Schedule
Construction is estimated to last from two to three months, depending upon weather.
Installation of live stakes, live transplants, and all riparian tree and shrub planting would
be performed during the dormant winter months, regardless of when construction is
completed. Construction is planned to begin within two months of final design approval
and receipt of permits.
6.3 Erosion and Sediment Control Measures
Construction phase erosion and sediment controls would be implemented in accordance
with state standards to ensure sediment resulting from project construction would remain
on site. The contractor would be instructed to disturb only as much ground as necessary
to complete the active phase of work. Silt fences would be placed around all temporary
stockpiles. A pump -around flow diversion would be employed in order to minimize
downstream migration of fine sediment from work areas.
Erosion control matting composed of natural biodegradable coir fiber would be installed
along the constructed channel or herbaceous cover would be established before water is
turned into the new channel. The erosion control matting would extend to the top of bank
and would be secured with wood stakes and live stakes. Immediately following any
ground disturbing activities, both a temporary cover seed mix and a permanent native
Harmon Dairy Stream Mitigation Plan 5 June 2016

seed mix would be sown to provide immediate ground cover and stabilize exposed soil.
The newly constructed channel would be stabilized with native herbaceous vegetation
and live stakes after construction.
6.4 Stream Bank and Floodplain Re -Vegetation
The vegetative components of this project include stream bank and floodplain planting.
Any areas of the site that are disturbed, lack diversity, or might be adversely impacted by
the construction process would also be replanted. A buffer of woody and herbaceous
species would be established within 50 feet from the top of the newly constructed bank
using a native seed mix, bare -root seedlings, live stakes, and live transplants. Any areas
of the proposed mitigation site that are currently in pasture would be treated for fescue
and ripped, if necessary, prior to installation of plants.
Planted trees and shrubs would provide a diversity of forest structure, forage value,
filtering capacity, soil stability, and riparian habitat. Planting zones on the site would
mimic natural stream bank and floodplain communities and would consider the frequency
and magnitude of flows experienced by the project stream. Planting would commence in
the dormant season after project construction is completed to ensure that species are
planted in suitable hydrologic regimes.
6.5 Invasive Species Control
Invasive non-native species, primarily Chinese privet, are present within the proposed
conservation easement. Invasive species would be cut and treated with herbicide prior to
grading or completely removed during grading. In areas where grading operations would
remove individual invasive plants, follow-up treatments would be implemented as
necessary to eradicate any new invasive populations. Invasive plants would be replaced
with native trees and shrubs.
6.6 Maintenance Plan
Maintenance of the newly constructed channel and all structures associated with the
restoration would be accomplished by TEP if the restored stream exceeds the range of
natural variability established during the 7 -year monitoring period. Replacement planting
would be performed by TEP if stem counts fall below 320 stems per acre during the first
3 years, 260 stems per acre through year 5, or 210 stems per acre through year 7. If any
portion of the mitigation project fails to meet the specified performance standards in a
monitoring year, the reasons for this failure would be determined and a corrective action
plan (which includes proposed actions, a schedule, and monitoring plan) would be
prepared. If it is believed that corrective action to a problem area is not warranted, the
corrective action plan would state the reasons. Continued monitoring of the problem area
may be required.
Harmon Dairy Stream Mitigation Plan 6 June 2016

7.0 PERFORMANCE STANDARDS
In accordance with the provisions in CFR Title 33, "performance standards that will be
used to assess whether the project is achieving its objectives... and should relate to the
objectives ... so that the project can be objectively evaluated to determine if it is
developing into the desired resource type, providing the expected functions, and attaining
any other applicable metrics ".
Table 3 below lists proposed success criteria for each proposed ecological service
enhancement. While some success criteria are quantitative (e.g. bank height ratio) and
others are qualitative (e.g. observations of fine sediment deposition on the floodplain),
each is measurable. Year to year comparisons for the various parameters would allow
adaptive management to be implemented early on in the monitoring period if necessary in
order to reduce the risk of widespread problems.
Table 3. Performance Standards
Parameter
Metrics/Success Criteria
Frequency
a. Entrenchment ratio for reaches where ER is corrected through design
and construction shall be no less than 2.2.
Channel Stability
b. The stream project shall remain stable and all other performance
Pattern and Profile
standards shall be met through two separate bankfull events, occurring
As -Built
in separate years, during the monitoring years I through 7.
a. Density of 320 live, planted stems/acre at year 3; 260 live, planted
Riparian Buffer Vegetation
stems/acre at year 5; 210 live planted stems/acre at year 7.
b. Less than 10% cover of exotic/invasive species.
Project Boundary
a. 100% of fencing and signage to remain intact. No encroachment on
the easement.
8.0 MONITORING REQUIREMENTS
Environmental components monitored in this project are those that allow an evaluation of
stream stability and vegetative survivability. The success of stream stability and woody
vegetation plantings would be evaluated for 7 years per the proposed guidance set forth
by the North Carolina Interagency Review Team's (NCIRT) "Monitoring Requirements
and Performance Standards for Compensatory Mitigation in North Carolina" — February
8, 2013 (USACE 2013).
Table 4. Monitoring Requirements
Required
Parameter
Quantity
Frequency
Notes
As per North Carolina
Pattern/profile survey will extend for
Pattern and Profile
Interagency Review
As -Built
at least 20 bankfull widths per reach.
Team's Requirements
Annual profile surveys only required if
channel instability is observed.
Harmon Dairy Stream Mitigation Plan 7 June 2016

9.0 LONG TERM MANAGEMENT PLAN
Upon close out by the Corps, the site would remain owned by the Harmons and the
conservation easement would be held by the Polk County SWCD. A stewardship fee of
$6000 would be paid to the Polk County SWCD. The fee is based upon the amount of
interest, generated from an endowment, necessary to cover stewardship cost. This fee
would cover encroachment monitoring on the easement and reporting, and any legal fees
incurred defending the easement. Additionally, a long-term maintenance and
management fee has been added as a line item on the "Construction Cost Estimate UT to
Marys Branch August 2016" (see Financial Assurances below).
10.0 ADAPTIVE MANAGEMENT PLAN
Project maintenance would be performed as described' above. If, during the course of
annual monitoring it is determined the site's ability to achieve site performance standards
is jeopardized, the applicant would notify the Corps and DWR of the need to develop an
Adaptive Management Plan. Once the Adaptive Management Plan is prepared and
finalized the applicant would:
Harmon Dairy Stream Mitigation Plan 8 June 2016
Problem areas will be mapped and
included on the monitoring annual
plan view
A minimum of one representative
As per North Carolina
As -Built,
riffle and pool cross section will be
Dimension
Interagency Review
Years 1, 2,
surveyed per 1,000 linear feet.
Team's Requirements
3, 5, and 7
Problem areas will be mapped and
included on the monitoring annual
plan view
A crest gauge will be installed on site;
Surface Water
As per North Carolina
the device will be inspected on a semi -
Hydrology
Interagency Review
Annual
annual basis to document the
Team's Requirements
occurrence of bankfull events on the
project.
Vegetation will be monitored using a
As per North Carolina
As -Built,
standard sampling method and would
Vegetation
Interagency Review
Years 1, 2,
consist of 4 plots — 2 fixed plots and 2
Team's Requirements
3, 5, and 7
random plots. Plot will be mapped
and included on the monitoring annual
plan view
Locations of exotic and nuisance
Exotic and nuisance
Annual
vegetation will be mapped and
vegetation
included on the monitoring annual
plan view.
Locations of fence damage, vegetation
Project boundary
Annual
damage, boundary encroachments, etc.
will be mapped and included on the
monitoring annual plan view.
Reference photographs will be made at
selected overviews and near -stream
Photographs
Annual
locations. Photo stations will be
included on the monitoring annual
plan view.
9.0 LONG TERM MANAGEMENT PLAN
Upon close out by the Corps, the site would remain owned by the Harmons and the
conservation easement would be held by the Polk County SWCD. A stewardship fee of
$6000 would be paid to the Polk County SWCD. The fee is based upon the amount of
interest, generated from an endowment, necessary to cover stewardship cost. This fee
would cover encroachment monitoring on the easement and reporting, and any legal fees
incurred defending the easement. Additionally, a long-term maintenance and
management fee has been added as a line item on the "Construction Cost Estimate UT to
Marys Branch August 2016" (see Financial Assurances below).
10.0 ADAPTIVE MANAGEMENT PLAN
Project maintenance would be performed as described' above. If, during the course of
annual monitoring it is determined the site's ability to achieve site performance standards
is jeopardized, the applicant would notify the Corps and DWR of the need to develop an
Adaptive Management Plan. Once the Adaptive Management Plan is prepared and
finalized the applicant would:
Harmon Dairy Stream Mitigation Plan 8 June 2016

1. Notify the Corps and DWR.
2. Revise performance standards, maintenance requirements, and monitoring
requirements as necessary and/or required by the Corps and DWR.
3. Obtain other permits as necessary.
4. Implement the Adaptive Management Plan.
5. Provide the Corps and DWR with documentation of corrective action. This
report would depict the extent and nature of the work performed.
11.0 FINANCIAL ASSURANCES
A Performance Bond in the amount of total cost through the end of construction
($125,964) would be held by Liberty Mutual. A draft bond is included for review
(Appendix E). Liberty Mutual will not bond monitoring or long term maintenance of the
project. These costs ($50,000) would be secured by a Letter of Credit. Cost of the
project is outlined below.
Construction Cost Estimate UT to Marys Branch Aueust 2016
Treatment $/LF LF Estimated Cost
On-line Enhancement
$ 60.00
152
$ 9,120.00
Earthwork and In -stream
- Year 1
$
$ 58,350.00
Structure
- Year 2
$
4,500.00
E&S Control
- Year 3
$
$ 20,500.00
Invasive Removal
- Year 4
$
$ 5,000.00
Planting
- Year 5
$
$ 12,000.00
Repair
- Year 6
$
$ 20,994.00
Contingency/Maintenance in
- Year 7
$
4,800.00
Short Term (20% +/-)
$
2.500.00
Total Through the End of
$
35,000.00
$ 125,964.00
Construction
Monitoring
Estimated Cost
As -Built
$
4,500.00
Monitoring
- Year 1
$
4,500.00
Monitoring
- Year 2
$
4,500.00
Monitoring
- Year 3
$
4,500.00
Monitoring
- Year 4
$
2,450.00
Monitoring
- Year 5
$
4,800.00
Monitoring
- Year 6
$
2,450.00
Monitoring
- Year 7
$
4,800.00
Closeout
$
2.500.00
Total for 7 Years Monitoring
$
35,000.00
Harmon Dairy Stream Mitigation Plan 9 June 2016

Long Term Maintenance and
$ 15,000.00
Management (10% +/-)
Grand Total I 1 1 $ 175,964.00
Harmon Dairy Stream Mitigation Plan 10 June 2016

12.0 REFERENCES
NCGS (North Carolina Geological Survey). 2004. Physiography of North Carolina.
Map compiled by the Division of Land Resources. Raleigh.
Rosgen, Dave. 1996. Applied River Morphology, Wildland Hydrology.
USACE (U.S. Army Corps of Engineers). 2003. Stream Mitigation Guidelines. U.S.
Army Corps of Engineers — Wilmington District, U.S. Environmental Protection
Agency, North Carolina Wildlife Resources Commission, and North Carolina
Department of Environment and Natural Resources Division of Water Quality.
Wilmington, North Carolina.
USACE (U.S. Army Corps of Engineers). 2013. Monitoring Requirements and
Performance Standards for Compensatory Mitigation in North Carolina. North
Carolina Interagency Review Team (NCIRT).
Harmon Dairy Stream Mitigation Plan 11 June 2016

Appendix A
Figures

Harmon Dairy Stream Mitigation Project (+/- 3.77 AC)
e3d e
1
I
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is I I
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Legend
CE Boundary
Streams
Drawn by: RNR 06.06.15; CEC Project # 747
Old McIVIr'" 0 500 1,000 2,000
Feet
Polk County, CLearWater Site Vicinity
North Carolina Figure 1
32 Clayton Street
Asheville, NC 28801

Harmon Dairy Stream Mitigation Project (+/- 3.77 AC)
A 4 ...
CE Boundary
y
Legend a.
46 0 250 500 1 0.
- 00
CE Boundary �� �. Feet
Drawn by: RNR 06.06.15• CEC Pro
Polk County, CLearWaEer USGS Topograhic Map
North Carolina Fingerville West Quad
32 Clayton Street Figure 2
Asheville, NC 28801

Harmon Dairy Stream Mitigation Project (+/- 3.77 AC)

Harmon Dairy Stream Mitigation Site (+/- 3.77 AC)
�
`
Jurisdictional wetlands and waters identified on this map have been located within sub -meter
lr,
accuracy utilizing a Trimble mapping grade Global Positioning System (GPS) and the
�
W3
subsequent differential correction of that data. GPS points may demonstrate uncorrectable
errors due to topography, vegetative cover, and/or multipath signal error
Note: The illustrated wetland and stream locations are approximate. These areas have
been flagged in the field; however, they have not been surveyed. Although Clearwater
W u.006 sl
Environmental Consultants, Inc. (CEC) is confident in our assessment, the US Army Corps
of Engineers (Corps) is the only agency that can make final decisions regarding jurisdictional
wetland and waters of the US delineations. Therefore, all preliminary determinations are
133
subject to change until written verification is obtained. CEC strongly recommends that
written verification be obtained from the Corps prior to closing on the property, beginning any
`
site work, or making any legal reliance on this determination
This map was prepared by CEC using the best information available to CEC at the time of
/
production. This map is for informational purposes only and should not be used to determine
\
precise boundaries, roadways, property boundary lines, nor legal descriptions. This map
shall not be construed to be an official survey of any data depicted.
0
mC
Source Data: Preliminary Harmon Easement is from Wildlands Engineering. S3 was drawn
O
via aerial imagery (NCCGIA 2015).
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Contours �\
\�. 0 125 250 500
--------- Preliminary Harmon Easement�Feet
Drawn by: KAY 5.13.16; CEC Project #747, ouglas Harmon
CLearWater Stream & Wetland
Polk County, Delineation Map
North Carolina 32 Clayton Street Delineated May 13, 2016
Asheville, NC 28801 Figure 4
�.
Wz `+
\
Legend
r
* Data Form r \ \ \
N
Stream
Wetland
Contours �\
\�. 0 125 250 500
--------- Preliminary Harmon Easement�Feet
Drawn by: KAY 5.13.16; CEC Project #747, ouglas Harmon
CLearWater Stream & Wetland
Polk County, Delineation Map
North Carolina 32 Clayton Street Delineated May 13, 2016
Asheville, NC 28801 Figure 4

Appendix B
Conservation Easement

Action ID 2013-02262
Polk County Soil and Water Conservation District
When Recorded Mail to:
Polk County Soil & Water District Office
Courthouse Annex, PO Box 236
Columbus, NC 28722
AMENDMENT TO DEED OF AGRICULTURAL CONSERVATION EASEMENT
THIS AMENDMENT TO DEED OF AGRICULTURAL CONSERVATION
EASEMENT (the "Amendment") is made by Douglas Harmon and James Alan Harmon at 335
Harmon Dairy Lane, Columbus, North Carolina 28722, ("Grantors"), to Polk County Soil and
Water Conservation District ("Grantee" or "District"), a body politic and corporate organized and
existing under the laws of the State of North Carolina and having a principal place of business in
Columbus, North Carolina;
WITNESS THAT:
WHEREAS, Grantors are the owners in fee simple of the certain real property in Green Creek
Township, Polk County, North Carolina, more particularly described as Tax Parcel P 119-4,
Deed Book 08-E Page 231, and Deed Book 143 at Page 73 in the Polk County Registry, herein
referred to as the "Property;"
WHEREAS, Grantors and Grantee entered into a Deed of Agricultural Conservation Easement
(the "Agricultural Conservation Easement") on the Property recorded in Deed Book 404 at Page
927, Polk County Registry;
R&S 1651278_1

WHEREAS, Grantors now desire to do stream restoration work on a portion of the Property
consisting of approximately 1122 linear feet of an unnamed tributary to Mary's Branch;
WHEREAS, The stream restoration will be done pursuant to an individual permit, Action ID
2013-02262 (the "Permit") issued by the United States Army Corps of Engineers ("USACE")
and a 401 Water Quality Certification (NCDWR Permit No. 13-1200 v3) issued by the North
Carolina Department of Environmental Quality ("NCDEQ");
WHEREAS, USACE and NCDEQ require, as a condition of the Permits that the restored
portion of the stream and a buffer on either side of the stream be protected by a Permanent
Conservation Easement;
WHEREAS, Grantor and Grantee have considered the proposed stream restoration project (the
"Project") and agree that the Project is not inconsistent with the purposes of the Agricultural
Conservation Easement and that paragraph 3. of Exhibit B to the Agricultural Conservation
Easement allows for the "repair or improve [ment of] unstable ... streambanks." 3.
WHEREAS, Paragraph 16. of the Agricultural Conservation Easement allows for amendment of
the Easement so long as the amendment is consistent with the Grantee's amendment policies and
complies with section 170(h) of the Internal Revenue Code;
WHEREAS, Grantor and Grantee agree that the Stream Restoration Project and the imposition
of a Permanent Conservation Easement on 1122 linear feet of a tributary to Mary Branch's
together with a buffer on either side of the stream is consistent with the purposes of the
Agricultural Conservation Easement, the Grantee's Easement Amendment Policies and Section
170(h) of the Internal Revenue Code;
WHEREAS, It is the intent of the Grantor and the Grantee to Amend the Agricultural
Conservation Easement to allow for the placement of a Permanent Conservation Easement on
approximately 1122 linear feet of an unnamed tributary to Mary's Branch together with a buffer
on either side of the unnamed tributary, said linear feet of unnamed tributary and buffer being
more particularly shown and described on a plat map attached hereto and incorporated herein by
reference as Exhibit A;
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, Grantors and Grantees Amend the Agricultural Conservation Easement
recorded in Deed Bok 404 at Page 927 Polk County Registry to allow the Grantors to convey to
the a Permanent Conservation Easement on the approximately 1122
linear feet of an unnamed tributary to Mary's Branch together with a buffer on either side of the
unnamed tributary, said linear feet of unnamed tributary and buffer being more particularly
shown on the map attached hereto as Exhibit A and incorporated herein by reference.
The Grantee hereby waives the priority of said Agricultural Conservation Easement, as amended,
and subordinates its interest in favor of said Permanent Conservation Easement to the same
R&S 1651278_1

extent as if the Permanent Conservation Easement deed had been executed, delivered, and
recorded prior to said Agricultural Conservation Easement.
IN WITNESS WHEREOF, Grantors have executed this Amendment to Deed of Agricultural
Conservation Easement this day of , 2016.
Grantors:
LE
Douglas Harmon, Grantor
James Alan Harmon, Grantor
Polk County Soil and Water Conservation District
NORTH CAROLINA
COUNTY OF POLK
I, , a Notary Public in and
for the County and State aforesaid, do hereby certify that Douglas Harmon and James Alan
Harmon (Grantors) personally appeared before me this day and acknowledged the execution of
the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of
2016.
[SEAL]
Notary Public
R&S 1651278_1

My commission expires
R&S 1651278_1

PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this day
of , 2016 by and between Douglas Harmon and James Alan Harmon,
("Grantor") and Polk County Soil and Water Conservation District ("Grantee").
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors and assigns, and shall include singular, plural, masculine, feminine or neuter as
required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in
Polk County, North Carolina, more particularly described in Exhibit A attached hereto and
incorporated herein ('Property");
WHEREAS, Grantee is [either a public body of this state, an agency of the United States, or
a nonprofit corporation or trust 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, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic
value of the property in its natural state, which includes the following natural communities:
[describe by wetland and/or stream type, as well as any associated buffers or upland communities].
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 restoration and preservation of the Property is a condition of
Department of the Army permit Action ID 2013-02262 issued by the Wilmington District
Corps of Engineers, which requires mitigation for unavoidable stream and/or wetland impacts
authorized by that permit.
WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be
held by the U.S. Army Corps of Engineers, Wilmington District (Corps, to include any
successor agencies), and that these rights are in addition to, and do not limit, the rights of
enforcement under said permit.
NOW, THEREFORE, for and in consideration of the covenants and representations
contained herein and for other good and valuable consideration, the receipt and legal sufficiency
of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and
conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation
R&S 1651524_1

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
This Conservation Easement shall be perpetual. This conservation Easement is an
easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's
personal representatives, heirs, successors and assigns, lessees, agents and licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the 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.
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 of non-native plants and/or animal
species is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home,
asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower,
conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or
above the Property.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial
activities, including any right of passage for such purposes are prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry
and horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or
mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on the
property; nor enlargement or modification to existing roads, trails or walkways.
G. Siege. No signs shall be permitted on or over the Property, except the posting of no
trespassing signs, signs identifying the conservation values of the Property, signs giving directions
or proscribing rules and regulations for the use of the Property and/or signs identifying the Grantor
as owner of the property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste,
R&S 1651524_1

or any placement of underground or aboveground storage tanks or other materials on the Property
is prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other
materials, and no change in the topography of the land in any manner on the Property, except to
restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering
with water control structures or devices, or disruption or alteration of the restored, enhanced, or
created drainage patterns. In addition, diverting or causing or permitting the diversion of surface
or underground water into, within or out of the easement area by any means, removal of wetlands,
polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is
prohibited.
K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Easement shall be transferred pursuant to a transferable
development rights scheme or cluster development arrangement or otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited. [The Corps will
generally allow the use of vehicles on existing roads provided those roads are identified by
reference to a recorded map showing their location, configuration, and size.]
M. Other Prohibitions. Any other use of, or activity on, the Property which is or may
become inconsistent with the purposes of this grant, the preservation of the Property substantially
in its natural condition, or the protection of its environmental systems, is prohibited.
ARTICLE III
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs, successors
or assigns, the right to continue the use of the 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.
[For use when mitigation work (approved or required restoration, creation, or
enhancement) is to be done on the property] Notwithstanding the foregoing Restrictions, Grantor
reserves for Grantor, its successors and assigns, the right to construct wetland and stream
mitigation on the Property, in accordance with the [describe mitigation plan by title, date and
permit action id if a single mitigation site; if a mitigation bank, include the language "detailed
mitigation plan approved in accordance with the Mitigation Banking Instrument for the
Mitigation Bank.]
R&S 1651524_1

ARTICLE IV
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and the Corps, shall
have the right to enter the Property 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
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee is allowed to prevent any activity
on or use of the Property that is inconsistent with the purposes of this Easement and to require the
restoration of such areas or features of the Property that may be damaged by such activity or use.
Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention
of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall
have 30 days after receipt of such notice to correct the conditions constituting such breach. If the
breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by
appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding
the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary
restraining order, injunctive or other appropriate relief if the breach of the term of this
Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be
derived from this Conservation Easement. The Grantor and Grantee acknowledge that under
such circumstances damage to the Grantee would be irreparable and remedies at law will be
inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to,
and not in lieu of, all other rights and remedies available to Grantee in connection with this
Conservation Easement. The costs of a breach, correction or restoration, including the Grantee's
expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined
to be responsible for the breach. The Corps shall have the same right to enforce the terms and
conditions of this easement as the Grantee.
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.
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.
R&S 1651524_1

ARTICLE VI
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee
simple, and that Grantor either owns all interests in the Property which may be impaired by the
granting of this Conservation Easement or that there are no outstanding mortgages, tax liens,
encumbrances, or other interests in the Property which have not been expressly subordinated to
this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy
all the benefits derived from and arising out of this Conservation Easement, and that Grantor will
warrant and defend title to the Property against the claims of all persons.
B. Subsequent Transfers, The Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or other legal instrument that transfers any interest in all or a portion of the
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 of 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 Corps.
C. Assignment. The parties recognize and agree that the benefits of this Conservation
Easement are in gross and assignable provided, however that the Grantee hereby covenants and
agrees, that in the event it transfers or assigns this Conservation Easement, the organization
receiving the interest will be a qualified holder under N.C, Gen, Stat. § 121-34 et seq. and § 170(h)
of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the
transfer or assignment will be such that the transferee or assignee will be required to continue in
perpetuity the conservation purposes described in this document.
D. Entire Agreement and Severability_ 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.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments,
fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or
other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any
costs or liability of any kind related to the ownership, operation, insurance, upkeep, or
maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve
the Grantor of the obligation to comply with federal, state or local laws, regulations and permits
that may apply to the exercise of the Reserved Rights,
F. Extinguishment. In the event that changed conditions render impossible the continued
use of the Property for the conservation purposes, this Conservation Easement may only be
extinguished, in whole or in part, by judicial proceeding.
G. Eminent Domain. Whenever all or part of the Property is taken in the exercise of
eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation
Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to
recover the full value of the taking, and all incidental and direct damages due to the taking.
R&S 1651524_1

H. Proceeds, This Conservation Easement constitutes a real property interest immediately
vested in Grantee. In the event that all or a portion of this Property is sold, exchanged, or
involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee
shall be entitled to the fair market value of this Conservation Easement. The parties stipulate that
the fair market value of this Conservation Easement shall be determined by multiplying the fair
market value of the Property unencumbered by this Conservation Easement (minus any increase in
value after the date of this grant attributable to improvements) by the ratio of the value of this
easement at the time of this grant to the value of the Property (without deduction for the value of
this Conservation Easement) at the time of this grant. The values at the time of this grant shall be
the values used, or which would have been used, to calculate a deduction for federal income tax
purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible
for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the
purposes of this Conservation Easement.
I. Notification. Any notice, request for approval, or other communication required under
this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the
following addresses (or such address as may be hereafter specified by notice pursuant to this
paragraph):
To Grantor:
[Name, address and fax number]
To Grantee:
[Name, address and fax number]
To the Corps:
[Name, address andf ax number]
J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation
Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time
after the occurrence of one of these events Grantee fails to make an assignment pursuant to this
Conservation Easement, then the Grantee's interest shall become vested in another qualified
grantee in accordance with an appropriate proceeding in a court of competent jurisdiction.
K. Amendment. This Conservation Easement may be amended, but only in a writing
signed by all parties hereto, and provided such amendment does not affect the qualification of this
Conservation Easement or the status of the Grantee under any applicable laws, and is consistent
with the conservation purposes of this grant.
L. [For use if there is a document describing the current condition of the property. The
language provided is applicable if there is a mitigation plan that accurately describes the current
condition and uses of the property. If there is not such a plan, another document we agree is
accurate and can be identified and is in our files can be referenced.] Present Condition of the
Property. The wetlands, scenic, resource, environmental, and other natural characteristics of the
Property, and its current use and state of improvement, are described in Section , Appendix
B of the Mitigation Plan, dated 'prepared by Grantor and acknowledged by the
Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee
R&S 1651524_1

have copies of this report. It will be used by the parties to assure that any future changes in the use
of the Property will be consistent with the terms of this Conservation Easement. However, this
report is not intended to preclude the use of other evidence to establish the present condition of the
Property if there is a controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the
aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year
first above written.
R&S 1651524_1

IN WITNESS WHEREOF, Grantors have executed this Permanent Conservation Easement this
day of , 2016.
Grantors:
LIM
Douglas Harmon, Grantor
James Alan Harmon, Grantor
Polk County Soil and Water Conservation District
LIM
NORTH CAROLINA
COUNTY OF POLK
I, , a Notary Public in and
for the County and State aforesaid, do hereby certify that Douglas Harmon and James Alan
Harmon (Grantors) personally appeared before me this day and acknowledged the execution of the
foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of
92016.
[SEAL]
Notary Public
My commission expires
R&S 1651524_1

Appendix C
Geomorphic Data, Photographs, and
Calculations

94.5
94
93.5
93
0
92.5
U' 92
91.5
91
riffle
0
2 4
6 8 10 12
14 16 18 20
Width (ft)
Elevation (ft)
Bankfull
Dimensions
Flood Dimensions
Materials
8.0
x -section area (ft.sq.)
19.4 W flood prone area (ft)
-- D50 (mm)
11.9
width (ft)
1.6 entrenchment ratio
-- D84 (mm)
0.7
mean depth (ft)
--- low bank height (ft)
29 threshold grain size (mm):
1.2
max depth (ft)
— low bank height ratio
12.5
wetted perimeter (ft)
0.6
hyd radi (ft)
17.7
width -depth ratio

94
93.5
93
x
92.5
0
16 92
m
U' 91.5
a
90.5 -11
0
Bankfull Dimensions
15.1
x -section area (ft.sq.)
11.9
width (ft)
1.3
mean depth (ft)
2.3
max depth (ft)
13.2
wetted parimeter (ft)
1.1
hyd radi(ft)
9.4
width -depth ratio
pool
Width (ft)
Flood Dimensions
– W flood prone area (ft)
– entrenchment ratio
-- low bank height (ft)
--- low bank height ratio
10 12 14
Materials
— D50 (mm)
--- D84 (mm)
52 threshold grain size (mm):

N
c
0
m
w
96
95
94
93
92
91
90
riffle
8
10 12
14 16 18 20
22 24 26 28
Width (ft)
Bankfull
Dimensions
Flood Dimensions
Materials
8.2
x -section area (ft.sq.)
20.0 W flood prone area (ft)
— D50 (mm)
5.3
width (ft)
3.8 entrenchment ratio
-- D84 (mm)
1.5
mean depth (ft)
– low bank height (ft)
47 threshold grain size (mm):
2.1
max depth (ft)
-- low bank height ratio
7.8
wetted parimeter (ft)
1.0
hyd radi (ft)
3.5
width -depth ratio

UT to Mary's Branch - XS1
Zigzag Pebble Count Particle Distribution
loo-
T f I 111 -07, ----- 711'
I
SiWClay
90 Sand Gravel
Cobble
Boulder Bedrock
70
a
60 -- - — - ---- -- - — -
C
SO
- - - -- - -
d ;030
t �
a -
20
f
1��
I i
� i I
V.n 1 0.1 1 10 1 i wl 1000 1 n
Particle Class Size (mm)

UT
to
Mary's
Branch
-
XS2
Zigzag
Pebble
Count
Particle
Distribution
SIM/Clay
Sand
90
Gravel
Cobble
Boulder
Bedrock
80
d 60
-
---
:.� --
-
-
40
a
207
--
- -
- -
�
—
--
—
10
�
li
1
_ -It--T
0.01 0.1 1 10 100 1(w 10000
Particle Class Size (mm)

SIEVE ANALYSIS SUMMARY
Largest Particle Size: 35 mm
Refer to ASTM D 422-63 "Standard Test Method for Particle -Size Analysis of Soils'
L:\Active Projects\005-20285 TIEC Stream Mitigation\Harmon Dairy Site\sediment\SIEVE ANALYSIS - bar sample.xls, Data 6/3/2016
WEI PROJECT NO. 005-20285
SITE OR PROJECT:
Harmon Dairy
REACH/LOCATION:
Bar at XS2
DATE COLLECTED:
4/25/2016
FIELD COLLECTION BY:
SEG
DATA ENTRY BY:
SEG
Largest Particle Size: 35 mm
Refer to ASTM D 422-63 "Standard Test Method for Particle -Size Analysis of Soils'
L:\Active Projects\005-20285 TIEC Stream Mitigation\Harmon Dairy Site\sediment\SIEVE ANALYSIS - bar sample.xls, Data 6/3/2016
RETAINED ON SIEVE
PARTICLE CLASS WEIGHT (9)
Class
Cumulative
MATERIAL
PARTICLE
SIZE (mm)
SIEVE SIZE (mm)
SIEVE NUMBER
Raw
Tare
Net
%
%
Silt / Clay
< .063
1945.4
367.2
1578.2
38%
38%
Very Fine
.063 - .125
0.063
#230
0.0
0%
38%
Fine
.125-.25
0.125
#120
0.0
0%
38%
S A N D ,
Medium
.25-.50
0.25
#60
0.0
0%
38%
Coarse
.50 - 1.0
0.5
#35
0.0
0%
38%
<s
o
Very Coarse
Very Fine
1.0-2.0
2.0-4.75
1.0
2.0
#181057.3
#10
1149.3
479.1
494.6
578.2
654.7
14%
16%
51%
67%
Fine - Medium
4.75-12.5
4.75
#4
1375.3
513.0
862.3
21%
87%
GRAVEL
Medium - Coarse
12.5 - 25
12.5
1/2 IN
1072.4
541.0
531.4
13%
100%
o
c
Coarse
25-45
25
1 IN
0.0
0%
100%
Very Coarse
45-64
0.0
0%
100%
COBBLE
Small
Small
64-90
90-128
0.0
0.0
0%
0%
100%
100%
O
Large
128-180
0.0
0%
100%
CLarge
180-256
0.0
0° 0
100%
Small
256-362
0.0
0%
100%
BOULDER
Small
362-512
0.0
0%
100%
Medium
512-1024
0.0
0%
100%
77
Large -Very Large
1024-2048
0.0
0%
100%
BEDROCK
Bedrock
> 2048
0.0
0%
100%
Total
6599.7
2394.9
4204.8
100%
Largest Particle Size: 35 mm
Refer to ASTM D 422-63 "Standard Test Method for Particle -Size Analysis of Soils'
L:\Active Projects\005-20285 TIEC Stream Mitigation\Harmon Dairy Site\sediment\SIEVE ANALYSIS - bar sample.xls, Data 6/3/2016

Site Photographs
Harmon Dairy Stream Mitigation Site
XS -1, Looking Downstream
XS -2, Looking Downstream
XS -3, Looking Downstream
Channel Trampling, near Sta. 2+50
Channel Incision, near Sta. 6+50
Bank Erosion, near Sta. 8+50

RIFFLE SECTION
Right Bank Slope, x:1
Left Bank Slope, x:1
Max Depth (ft)
Bottom Width (ft)
Area
Bankfull Width (ft)
Bankfull Depth (ft)
W/D ratio
Ave Width (ft) _
UT to Mary's Branch Typical Section Design
Discharge Calculation overall reach
Q = 1.49/n R2j3 slnA
WP (ft)
Regional Curve Estimate to d/s end
2.5
DA (sq. mi.)
0.27
2.5
NC Mountains (area)
8.871195
1.2
NC Mountains (discharge)
37.2055
4
8.4
NC rural Piedmont (area)
8.797303
10
NC rural Piedmont (discharge)
34.68703
0.84
1.428571
11.90
USGS 2 year discharge
NC Hydro Area 2
40
Discharge Calculation overall reach
Q = 1.49/n R2j3 slnA
WP (ft)
10.46
R (ft)
0.80
design slope
0.010
Channel n
0.035
Q (cfs)
31
0 (power)
1.93
yRs = 0.50 psf
grain diam, Shields = 30 to 90 mm
SEDIMENT DATA
WEI bar sample 1
da, = 10 mm
djD = 35 mm
WEI zz 1
d&, = 57 mm
d,o = 110 mm
WEI zz 2
de,, = 36 mm
dlo = 80 mm

1000
1
E
d
E
f0 10
6
c
U'
1
0.1 L-
0.001
4-4 4 4 I+ + 1 1-1-1 111{ + 4 1 1 1 11+1- -1- 1 4 4 44
0.01 0.1 1 10
Critical Shear Stress (lbs/sq ft)
range of mobile grain
diameters at 0.5 psf;
30mm to 90 mm
o Rosgon's Data • Colorado, USA,
gravel bed streams
c Shields Data - misc.labarotoryand
field sources
9 smeicis CUrYe for rnresnold of Motion

Appendix D
Restoration Plan

4
O
m g..
0
Harmon Dairy Stream Restoration
Polk County, NC
for
Triangle International Equestrian Center, LLC
yam..
Trym in4r c—, -.
faueenw� Ce.�e.
F b,
e,
p J Green 01-k
D _
\SITE
Vicinity Map
Not to Scale
BEFORE YOU DIG!
CALL 1-800-632-4949
N.C. ONE -CALL CENTER
IT'S THE LAW!
O I
PRELIMINARY PLANS
June 9, 2016
Sheet Index
Title Sheet
0.1
Project Overview
0.2
General Notes and Symbols
0.3
Typical Sections
1.1
Plan and Profile Sheets
2.1-2.3
Details
3.1-3.3
Project Directory
Engineering:
Wildlands Engineering, Inc
License No. F-0831
167-B Haywood Rd.
Asheville, NC 28806
Andrew Bick, PE
828.774.5547
Surveying:
Owner:
Tryon International Equestrian
Center, LLC
a c g
z� $�a
t�¢Zm
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r 8 x
mt_
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W16
" J-9,2016 "-"«'
Harmon Dairy Stream Restoration
JoNumMr 005-20R
"/q-EVl ' AR
,W
For Tryon International Equestrian Center, LLCWILDLANDS
CMck,d BY SG
v
'(�' �I� q,,
s�� 6 `�I'�
LN CS I N L L N I NG
167-B Haywood Road
0.2
Overview
�J IP
Asheville, 828 77 28806
47
Tel: ille, N 4.5547
20285 Plan and Profile20
�,U
Firma License No. F-0831
Sheet

Construction Notes:
GENERAL NOTES:
1. CONTACT NORTH CAROLINA "ONE CALL" CENTER (1-800-632-4949) PRIOR TO
COMMENCEMENT OF WORK. ALL DAMAGE TO UTILITIES BY CONTRACTOR
SHALL BE REPAIRED AT CONTRACTOR'S EXPENSE.
2. CONTRACTOR TO REPAIR DISTURBED AREAS TO PRE -PROJECT CONDITIONS.
3. CONTRACTOR SHALL DISPOSE OF EXCESS SOIL, ROCK, GRAVEL AND OF CLEARED
AND GRUBBED MATERIALS INCLUDING TREES, SHRUBS, AND INVASIVE SPECIES
ON PROJECT SITE AT A LOCATION DESIGNATED BY THE OWNER. NO EXCAVATED
MATERIALS MAY LEAVE THE PROPERTY.
Existing Features
Existing Property Line
--850 - - - - - - - Existing Major Contour (5' Interval)
Existing Minor Contour
- - — — - Existing Easement
- -- x Existing Fence
10+00
-- + — — Existing Thalweg Alignment
- - - - - - - - - - - - - Existing Stream Channel
F ` , ,� Existing Wetland
)------J
EROSION CONTROL NOTES:
1. CONTRACTOR SHALL INSTALL AND MAINTAIN EROSION AND
SEDIMENT CONTROL DEVICES IN ACCORDANCE WITH LOCAL, STATE
AND FEDERAL REQUIREMENTS. ADDITIONAL EROSION AND
SEDIMENT CONTROL BASED ON WEATHER CONDITIONS OR
ADDITIONAL DISTURBANCE SHALL BE AT CONTRACTOR'S EXPENSE.
2. LOCATE EQUIPMENT AND MATERIALS STAGING LOCATIONS SO AS
TO MINIMIZE SITE DISTURBANCE. ENGINEER TO APPROVE ANY
STAGING AREAS NOT DEPICTED ON PLANS.
3. INSTALL SILT FENCE ON STREAM SIDE OF ALL SOIL STOCKPILE AREAS
OR STAGING AREAS THAT CREATE BARE GROUND CONDITIONS.
4. INSTALL APPROPRIATE EROSION AND SEDIMENT CONTROL DEVICES
PRIOR TO COMMENCING EARTHWORK AND IN -CHANNEL WORK.
S. EQUIPMENT BROUGHT TO PROJECT SITE SHALL BE CLEAN AND FREE
OF LEAKS.
6. CONTRACTOR SHALL PERFORM FUELING AND MAINTENANCE
ACTIVITIES AT LEAST 100 FEET AWAY FROM STREAM AND SHALL
MANAGE ALL FLUIDS TO PREVENT LEAKING ONTO GROUND OR TO
ALLOW FOR IMMEDIATE CLEAN-UP.
7. WORK SHALL BE LIMITED TO AN AREA THAT CAN BE STABILIZED
WITH SEED, STRAW AND MATTING BY THE END OF EACH WORK
DAY,
Proposed Features
Recorded Conservation Easement
10+00
- —� - Proposed Thalweg Alignment
—••••-••••-••••-••••— Proposed Bankfull
i., i.r Proposed Silt Fence
See Sheet 3.2
Proposed Structures
Proposed Constructed Riffle
See Sheet 3.1
Proposed Brush Mattress
C�r��r�r�r
See Sheet 3.1
r—r-.rte
Proposed Vernal Pool
rrrrrrr
See Sheet 3.3
rrrrrrr
Proposed Channel Plug
See Sheet 3.3
Proposed Soil Lift with Brush Toe
—III=III See Sheet 3.1
in
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D.. June 9,2n16wW- - I Harmon Dairy Stream Restoration
Job Numb./: 0020285
Drawers B�^ilm.r AB
JW or Tryon International Equestrian Center, LLC
Chek.d By: SG
2.1 I I Polk County, NC
Plan and Profile
Sheet
WILDLANDS
LNGIN-ING
167-8 Haywood Road
Asheville, NC 28806
Tel: [phone]
Fa.: 704.332.3306
Firm License No. F-0831
H
Cf
0 cZl
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A 0
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2+25.51
ELEV = 835-19
z c
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z
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6,0
z
0
c
STA = 3+37.61
'0
ELEV = 833.70
L
STA = 3+71.68
Iq
ELEV = 833.12
-STA = 3+81.60
ELEV= 832.52
STA = 3+98.20
ELEV = 833.03
STA = 4+18.60
ELEV = 832.73
STA = 4+38.70
.K,
ELEV= 932.25
STA = 4+46.70
--ELEV
= 832.05
STA = 4+58.70
ELEV= 832.53
STA = 4+76.20
ELEV= 832.33
4.
it
STA = 4*91,00
ELEV = 13173
STA = 5+05.90
ELEV = 832.13
cs 1
L'
STA = 5+31.22
ELEV = 832.03
X
STA = 5+58.25
ELEV = 831.64
STA - 5+69.26
ELEV = 931A5
STA = 5+84.20
ELEV= 832.03
D.. June 9,2n16wW- - I Harmon Dairy Stream Restoration
Job Numb./: 0020285
Drawers B�^ilm.r AB
JW or Tryon International Equestrian Center, LLC
Chek.d By: SG
2.1 I I Polk County, NC
Plan and Profile
Sheet
WILDLANDS
LNGIN-ING
167-8 Haywood Road
Asheville, NC 28806
Tel: [phone]
Fa.: 704.332.3306
Firm License No. F-0831

I
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For Tryon International Equestrian Center, LLC
I�
1 EI�I
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W 1 L D L A N D S
x t
LNGINLLNING
167-8 Haywood Road
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0 0
a
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Plan and Profile
�G1�
Firma License No. F-0831
c1�'=
1
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3 O
STA = 6+22.20
o o
I
ELEV = 831.53
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Joe Numbs: 005-20285
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co �� ,
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LNGINLLNING
167-8 Haywood Road
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Asheville, NC 28806
Tel: [phone]
Plan and Profile
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Firma License No. F-0831
c1�'=
1
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STA = 6+22.20
o o
ELEV = 831.53
m
ae
j
STA = 6+39.00
ELEV= 830.93
X
1 STA = 6+55.90
a
• ELEV= 831.33
j
z
0
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z
=T
0
1 = 0 0
p
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6)
o
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0
1
STA = 7+05.50
z
ELEV = 830.63
�
d
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j
t
STA = 7+23.00
ELEV = 830.03
j STA = 7+40.50
ELEV = 830.43
1
eo
1
1
7+66.80
ELEV = 830.13
II
j
1
STA = 7+88.80
!v
ELEV = 829.53
STA = 7+97.60
.
i
ELEV = 829.33
I8+10.80
y
s
I
STA
ELEV = 829.93
1
1
STA = 8+36.30
ELEV = 829.53
j
STA = 8+47.60
-ELEV= 828.93
,e
STA = 8+58.90
�
ELEV = 829.43
rl
x
STA = 8+85.80
ELEV = 829.03
I'
A
1!
STA = 9+14.70
ti
ELEV = 828.53
STA = 9+26.30
ELEV = 828.23
STA = 9+43.70
ELEV = 828.73
•"
� 1
STA =9+66.50
j
ELEV= 828.43
l
dP
i
STA = 9+84.00
ELEV= 827.83
!y
s
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m�
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STA =10+01.50
ELEV = 828.23
ti
1
x
1
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W
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Harmon Dairy Stream Restoration
For Tryon International Equestrian Center, LLC
co �� ,
S
W 1 L D L A N D S
LNGINLLNING
167-8 Haywood Road
Polk County, NC
(��`A
Asheville, NC 28806
Tel: [phone]
Plan and Profile
0+
Firma License No. F-0831
2016

HEAD OF RIFFLE ELEVATIO
POINT PER PROFIL
RIFFLE VENEER
ti�
v <F�
Profile A -A'
DIVERSION BERM MATTING W/ MATTING STAKES
2' TOPSOIL
BRUSH MATTRESS STAKE
LIVE CUTTINGS
MIX OF CLASS 1 (75%)
AND CLASS A (25%) STONE; SEE NOTE 6.
4
TWIN BASE FLOW
3•
S.
MIN M BED M
SECTION �•�
i 1__
BRUSH MATTRESS STAKE
NATURAL FIBER TWINE
3'TYP
TOP OF MATTRESS
FLI
POOLAREAS
0
i -I
, EXISTING GRADE
v " __<
TOE OF BANK
STONETO
TYPICAL
PLAN
LIVE CUTTINGS, SLIGHT CRISS-CROSS
PATTERN, MIN. 15 STEMS PER SQUARE YARD
2 Brush Mattress
3.1 Not to bl.11,
SEE PROF11 F
NOTES:
T.__MCE LIVE CUTTINGS ON GRADED BANK WITH BUTT ENDS
EXTENDING TO BASE FLOW WATER SURFACE.
2. DRIVE STAKES HALFWAY INTO BANK BETWEEN CUTTINGS.
WRAP TWINE AROUND STAKES AND OVER CUTTINGS
TIGHTLY. DRIVE STAKES FURTHER TO TIGHTEN TWINE
AND SECURE CUTTINGS TO SLOPE.
3. FILL VOIDS BETWEEN CUTTINGS WITH LOOSE TOPSOIL.
SEEDAND MULCH SURFACE.
4. IN EROSION CONTROL MATTING OVER TOPSOIL,
USING 18" LONG MATTING STAKES.
5. PLACE STONE TOE OVER END OF MATTRESS AND
MATTING.
6. ON-SITE COBBLE AND GRAVEL MEETING STONE SPECS
MAY BE SUBSTITUTED FOR IMPORTED STONE.
7. BRUSH CUTTINGSTO BE SAME SPECIES AS LIVE STAKES
Plan View
B
24" CLASS I STONE
MIX WITH ONSITE
COBBLE/GRAVEL AND SAND TO FILL VOIDS
Constructed Riffle
3.1 Not to Scale
HEAD )f RIFFLE
i
0.9
a G
$Fv,
w O
LL3a
a �
F RIFFLE ELEVATION
PER PROFILE
INVERT PER PROFILE
TOP OF BANK (TVP)
EXTEND STONE TOE EXISTING GROUND
Section B -B' WHERE APPLICABLE, SEE DETAIL
RIGHT AND LEFT EDGE OF CHANNEL
0.1-0.2' HIGHER THAN,
BANKFULLOR FLOODPLAIN 2'
ELEVATION COMPACTED
BACKFILL
1 4-6" PER ENG
ELEV. 3" ABOVE
DOWNSTREAM
RIFFLE INVERT
ELEV. 6"BELOW
POOL DEPTH
L.tyPl
gP�
SOP l
E /
FC� NPV
Plan View
REFER TO TYPICAL SECTIONS
EROSION CONTROL MATTING WRAPPED AROUND
SOIL LIFT
t' SOIL LIFTS TO TOP OF BANK
►i
i
z
u Q
4
/
WILL ONLY REQUIRE TWO LIFTS IN
U
FLI
POOLAREAS
0
i -I
, EXISTING GRADE
v " __<
TYPICAL
r�
U
/
SECTION
Gly
TOE OF SLOPE
/ \
`NATIVE
1�^
SOIL
DENSELY PACKED COMPACTED BACKFILL TO
BRUSH, WOODY DEBRIS BRING OLD CHANNEL UP
GRAVEVSAND BACKFILL TO DESIGN PROFILE
�w
ELEVATION
NOTES:
Section A-.4'
1. OVEREXCAVATE 2' BEYOND TOE OF BANK.
TOP OF BANK (BANKFUL
DEBRIS (SMALL BRANCHES AND ROOTS COLLECTED
ON-SITE) AND LAYERS OF BACKFILL (BED MATERIAL) TO
�— EROSION CONTROL MATTING
FILL ANY VOID SPACE. LIGHTLY COMPACT BRUSH/WOODY
z
u Q
4
/
WILL ONLY REQUIRE TWO LIFTS IN
_ _ — -
FLI
POOLAREAS
0
, EXISTING GRADE
v " __<
TYPICAL
O
/
SECTION
Gly
TOE OF SLOPE
/ \
`NATIVE
1�^
SOIL
DENSELY PACKED COMPACTED BACKFILL TO
BRUSH, WOODY DEBRIS BRING OLD CHANNEL UP
GRAVEVSAND BACKFILL TO DESIGN PROFILE
ELEVATION
NOTES:
Section A-.4'
1. OVEREXCAVATE 2' BEYOND TOE OF BANK.
2. INSTALL ALTERNATING LAVERS OF LOGS, BRUSH/WOODY
DEBRIS (SMALL BRANCHES AND ROOTS COLLECTED
ON-SITE) AND LAYERS OF BACKFILL (BED MATERIAL) TO
�— EROSION CONTROL MATTING
FILL ANY VOID SPACE. LIGHTLY COMPACT BRUSH/WOODY
DENSELY PACKED WOODY DEBRIS
DEBRIS LAVER.
3. BRUSH SHOULD BE ALIGNED 50 STEMS ARE ROUGHLY
-
PARALLEL AND IS INSTALLED POINTING SLIGHTLY
UPSTREAM FROM PERPENDICULAR.
16
c
4. INSTALL TOPSOIL NEAR TOP OF BRUSH, PLACE LIVE
CUTTINGS WITH GOOD CONTACT TO SOIL
5. INSTALL FILTER FABRIC OVER BRUSH/WOODY DEBRIS TO
PREVENT MIGRATION OF SOIL MATERIAL INTO BRUSH.
H
<
BRUSH MATERIAL TO BE INSTALLED
6, INSTALL EARTH BACKFILL WRAPPED IN COIR FIBER
a
�
��Xii1
FLUSH 1MTH SAM( 3 C
MATTING OVER BRUSHIWOODY LAYER ACCORDING TO
TYPICAL SECTION DIMENSIONS.
7. SEED, MULCH AND INSTALL EROSION CONTROL MATTING
m
AND BANK STABILIZATION PER PLANS.
4
E �
s b
Brush Toe with Soil Lift
t
$
3.1 Not to Scale
o

6' MIN. OVERIAB IN
DOWNSTREAM DIRECTION 1.25" L
AT MAP ENDS r
STAKE (TYP) TOP OF BANK 0
A A A
3,A���M'A A A A
SpgCM/. A A A A
AG A A A A
A A A A
TOE OF SLOPE
Plan View 0.6"
Eco Stake
EROSION CONTROL
MATTING (TYP) TOP OF BANK
ECOSTAKE(TYP)
TOE OF SLOPE
eo
TOE STAKE (TYP) Section View
ECOSTAKE(TYP)
Ll ')
TOE STAKE
�1 Erosion Control Matting
32 Not to Scale
IT MAX. WITH WIRE
(6' MAX. WITHOUT WIRE)
MIDDLE AND VERTICALRES
SHALL BE 12 } GAGE MIN FILTER FABRIC
TOP AND BOTTOM STRAND
SHALL BE 10 GAUGE MIN.
WIRE
FILTER FABRIC
COMPACTED FILL
to
+I 4'
EXTEND FABRIC
INTO TRENCH
NOTES:
1. USE WIRE A MINIUM OF 32' IN WIDTH AND WITH
A MINIMUM OF 6 LINES OF WIRES WITH 12" STAY
SPACING.
2. USE FILTER FABRIC A MINIMUM OF 36" IN WIDTH
AND FASTEN ADEQUATELY TO THE WIRES AS
DIRECTED BY THE ENGINEER
3. PROVIDE S' STEEL POST OF THE SELF -FASTENER
ANGLESTEELTYPE. ANGLESTEELTYPE.
2 Temporary Silt Fence
32 of to Scale
EXISTING GROUND
1.3
IMPI
(5
HIGH STRENGTH
DOUBLE STITCHED
"X" TYPE SEAMS.
BAG PLACED ON
AGGREGATED OR STRAW..
15'
SEWN IN SPOUT
EXISTING TERRAIN DEWATERING BAG
HIGH STRENGTH STRAPPING
+
/ FOR HOLDING HOSE
FLOW
IN PLACE.
HEIGHT VARIES (2' MIN)
WATER FLOW'WKCe:•:�
•�:i�PY. �'�� ,j•'3'.�:�•.'t,•ii," STREAM BED
FROM PUMP
\ FLEXIBLE
FREEBOARD WHILE DIG SUMP V DEEP
•�•
B' of CLASS B RIPRAP
DISCHARGE HOSE
- ((
FILTER FABRIC I
Impervious Dike
35'to 20'
Inset"A"
NOTE:
Dewaterin�Bai_
1. PROVIDESTABILIZED OURETTO
STREAMBED.
SANDBAG
IMPERVIOUS SHEETING
(24"X12"X6')
+
OR STONE.
FLOW
HEIGHT VARIES (2' MIN)
MAINTAIN 1' MIN. OF
FREEBOARD WHILE DIG SUMP V DEEP
PUMPING. FOR INTAKE HOSE.
- ((
I — I- �/�
Inset "B" �APPROX. 3'
Impervious Dike
(SEE DETAIL 8/3.2)
Plan View
CED OUTLET
RIPRAP AND
FILTER FABRIC
30' MIN.
STABILIZED OUTLET USING
CLASS B
RIPRAP TRENCHED INTO
EXISTING
GROUND A MINIMUM OF 6"
SIZE AND
LOCATION TO BE
DETERMINED IN THE
FIELD BY THE ENGINEER.
FILTER FABRIC 'FLEXIBLE DISCHARGE HOSE
FROM PUMP AROUND PUMP
Inset'C" HELD IN PLACE WITH SAND
Stabilized Outlet BAGS AS NEEDED.
Pump Around System
32 Not to Scale
ZA r•
RV
Qy inm=
YmSy
AOmY....Y
E
3y LL

BUFFER WIDTH
VARIES
RANKFULL
RESTORED tESTOREDD
NOEL
SPACING PER
PLANTING PLAN Section View
O O 3 O
INSERT THE DIBBLE, OR REMOVE THE DIBBLE, OR INSERT THE DIBBLE, OR PUSH THE DIBBLE, OR
EL, STRAIGHT DOWN SHOVEL, AND PUSH THE SHOVEL, SEVERAL INCHES IN SHOVEL, DOWN TO THE
I NNE SOIL TO THE FULL SEEDLING ROOTS DEEP INTO FRONT OF THE SEEDLING FULL DEPTH OF THE BLADE.
PTH OF THE BLADE AND THE PLANTING HOLE PULL THE AND PUSH THE BLADE
LL BACK E THE HANDLE SEEDLING BACK UP TO THE HALFWAY INTO THE SOIL
OPEN THE P_NG CORRECT PLANTING DEPTH TWIST AND PUSH THE
. (DO NOT ROIX THE (THE ROOT COLLAR SHOULD BE HANDLE FORWARD TO
SHOVEL BACK AND FORTH 1 TO 31NC14ES BELOW THE SOIL CLOSE THE TOP OF THE SLR
AS THIS CAUSES SOIL IN THE SURFACE). GENTLY SHAKE THE TO HOLD THE SEEDLING IN
PLANTING HOLE TO BE SEEDLING TO ALLOW THE PLACE.
COMPACTED, INHIBITING RDOTSTOSTRAKiMEN OUT.
ROOT GROWTH. 00 NOT TWIST OR SPIN THE
SEEDLING OR LEAVE THE ROOTS
1 -ROOTED.
DIBBLE BAR
Scientific Name
PLANTING BAR SHALL HAVE A
Aaxa sarrulare
Tag alder
BLADE WITH A TRIANGULAR
Bultorbush
Hamamelis vipivana
CROSS-SECTION, AND SHALL BE 12
Set. serines
NOTES.
INCHES LONG, 4 INCHES WIDE AND
MeadowBweet
XenfMhiia spoicissima
1 INCH THIIX AT CENTER
Girlies amerFEaru
1. ALL SONS WITHIN THE BUFFER
Aims stimulate
Tap elder
PLANTING AREA SHAM BE DISKED, AS
Ninebark
Hamemeas vgVMerm
REQUIRED, PRIOR TO PLANTING.
Platens occfcbrta s
jAmerican Sycamore
2. ALL PLANTS SHALL BE PROPERLY
ROOTING PRUNING
7
HANDLED PRIOR TO INSTALLATION TO
Swarnp Chestnut Oak
INSURE SURVIVAL
ALL ROOTS SHALL BE PRUNED TO
AN APPORIATE LENGTH TO
PREVENT 1 -ROOTING.
BUFFER RE!
PULL BACK ON THE HANDLE TO
CLOSE THE BOTTOM OF THE
PIAMING HOLD. THEN PUSH
FORWARD TO CLOSE THE TOP,
ELIMINATING NR POCKETS
AROUND THE ROOT.
Bare Root Planting
33 of to Scale
X51 Vernal Pool
33 of to bcale
xxxxxx
xxxxxx
O
REMOVE THE DIBBLE, OR
SHOVEL, AND CLOSE AND FIRM
UP THE OPENING WITH YOUR
HEEL BE CAREFUL TO AVOID
DAMAGING THE SEEDLING.
Tres and Shrubs
(select at Mast S olthm following)
Scientific Name
Common Name
Aaxa sarrulare
Tag alder
CbpMantAus occidartairs
Bultorbush
Hamamelis vipivana
Itchhazel
Set. serines
Silky willow
SPpraee extols
MeadowBweet
XenfMhiia spoicissima
Yeficwaoot
Girlies amerFEaru
Huekm
Aims stimulate
Tap elder
PAysompus cpcd"z
Ninebark
Hamemeas vgVMerm
IMarel
Platens occfcbrta s
jAmerican Sycamore
Betula Mgrs
Ftnw Birch
Quercus micharao!
Swarnp Chestnut Oak
Plan View
n Riparian Seeding
\Z3_J Not to Scale
SEEDING:
1. SEEDBED WILL BE AMENDED WITH TOPSOIL APPLICATION.
2. PH LEVEL OF SOIL SHALL BE 5.5 TO
3. SEEDBED SHALL BE LOOSE AND FREE OF ROCKS AND DEBRIS PRIOR TO
SEEDING AND MULCHING
4. FOR PERMANENT SEEDING, REFER TO NOTES ON SHEET Ll, TEMPORARY AND
PERMANENT SEED SHOULD BE APPLIED TOGETHER IF PLANTING DATES
ALLOW.
MULCHING:
1. 2 TONS PER ACRE
2. GRAIN STRAW PREFERED, NCDOT ALTERNATIVES WILL BE CONSIDERED UPON
REQUEST, AS WILL LEAVES
3. SEEDBED SHALL BE LOOSE AND FREE OF ROCKS AND DEBRIS PRIOR TO
SEEDING AND MULCHING
Temporary Seeding (Do Not Appy Amendments 10 Servant Danko
Riparian deed Mix
TV" Planting ate (lbataaa)
Slieam Banks, Disturbed Bulky and Upland Antes
Rye Grain 120
Seeding Rate. 20 Itilaae
20.10-10 Fertilizer 750
Species Name
Common Name
Percentage
Parucum clandestinum
Deer Tongue
20
Ando popon geraldii
Big Bluestein
20
6ymus virprscus
Virginia wiWrye
20
Sorghastr rn nutans
In iarpress
20
Chasrnanlhiun laliciium
Finer (kis
10
Juncos ellusus
Solt Rush
10
n Riparian Seeding
\Z3_J Not to Scale
SEEDING:
1. SEEDBED WILL BE AMENDED WITH TOPSOIL APPLICATION.
2. PH LEVEL OF SOIL SHALL BE 5.5 TO
3. SEEDBED SHALL BE LOOSE AND FREE OF ROCKS AND DEBRIS PRIOR TO
SEEDING AND MULCHING
4. FOR PERMANENT SEEDING, REFER TO NOTES ON SHEET Ll, TEMPORARY AND
PERMANENT SEED SHOULD BE APPLIED TOGETHER IF PLANTING DATES
ALLOW.
MULCHING:
1. 2 TONS PER ACRE
2. GRAIN STRAW PREFERED, NCDOT ALTERNATIVES WILL BE CONSIDERED UPON
REQUEST, AS WILL LEAVES
3. SEEDBED SHALL BE LOOSE AND FREE OF ROCKS AND DEBRIS PRIOR TO
SEEDING AND MULCHING
Temporary Seeding (Do Not Appy Amendments 10 Servant Danko
Data
TV" Planting ate (lbataaa)
n1 -May 73
Rye Grain 120
Ground Agricultural Limestone 2,000
20.10-10 Fertilizer 750
Straw Mulch 4,000
May 15 - Aug 15
Brow top Millet 40
Ground Agricultural Lhnestane 2,000
20-10-10 Fertilizer 750
Straw Mulch 4,000
1 s- Dee 38
Rye Grain 120
Grand Agricultural Limestone 2,000
2610-10 Fertilizer 1 1,000
Straw Mulch 4,000
C H A N N E L
EROSION CONTROL MAT COMPACTED SELECT
na aan usr
It SIDE SL
LND BRUSH. TYPICAL
Section A -A'
QChannel Plug
33 of to bcale
Temporary Seeding and Mulching
Not to beate
A'
/ CHANNEL BACKFILL
NOTE:
-r.--UVE STAKES TO BE PLAITED IN MEAS AS SHOWN ON PLANS AND DIRECTED
BY THE ENGINEER
L 3x3' AVG SPACING (2 STAGGERED ROWS AT TOP OF BANK, AS SHOWN IN
PUN NEW OF DETAIL)
3. LIVE STAKING SHOULD BE COMPLETED DURING THE DORMANT SEASON,
GENERALLY DECEMBER TO APRIL
TOE OF SLOPE
WE STAKE (T/P)
Section View
--i F - 3' Mas (TYp)
LIVE STAKE P TOP OF BANK
A A
Plan View TOE OF SLOPE
Live Staking
\,!:!j Not to bcle
TOP OF BANK
a
2x CONTAINER WIDTH
n Containerized Planting
32 Not to Scale
LM Stakes
Scientific Name
Common Name
().in- amanun
Siky Dogim-d
sell. senses
Siky Willow
Physocarpue cpMhtius
Nineberk
Sambuau caradensis
Elderberry
CePrbartlns occidertalls
B.Atorbwh
i�
1/2.70 2 -
DIAMETER T c
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Live Stake Detail
2011�
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U

Appendix E
Draft Bond

Bond No.
Mut al, Document A312 TM - 2010
Conforms with The American Institute of Architects AIA Document 312
Performance Bond
CONTRACTOR: SURETY: DRAFT
(Name, legal status and address) (Name, legal status and principal place of
business)
OWNER:
(Name, legal status and address)
, US1
CONSTRUCTION CONTRACT
Date:
Amount: $
Description:
(Name and location)
BOND
Date:
(Not earlier than Construction Contract Date)
Amount: $
Mailing Address for Notices
Attention: Surety Claims Department
1001 4th Avenue, Suite 1700
Seattle, WA 98154
Modifications to this Bond: Z) None R See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature:
Name
and Title:
Signature:
Name
and Title: Attorney -in -Fact
(Corporate Seal)
Surety Phone No.
(Any additional signatures appear on the last page of this Performance Bond.)
(FOR INFORMATION ONLY — Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect, Engineer or other party:)
S-18521AS 8110
This document has important legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.

§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for
the performance of the Construction Contract, which is incorporated herein by reference.
§ 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when
applicable to participate in a conference as provided in Section 3.
§ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default Such
notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the
Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of
the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner
agrees otherwise, any conference requested trader this Section 3.1 shall be held within ten (10) business days of the SurWs receipt
of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to
perform the Construction Contract, but such an agreeomeet shall not waive the Owner's right, if any, subsequently to declare a
Contracts Default;
.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the
Surety or to a contractor selected to perform the Construction Contract
§ 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition
precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.
15 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions:
§ 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
§ 5.2 Undertake to perform and complete the Construction Contract itseK through its agents or independent contractors;
§ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the
Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be
secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to
the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the
Contractor Default; or
§ 5A Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 Atter investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is
determined, make payment to the Owner, or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
§ 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond
seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this
Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the
Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
S-18521AS 8110

§ 7 If the Surety elects to act under Section 5.1, 52 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the
Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the
Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without
duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or
failure to act of the Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed
performance or non-performance of the Contractor.
§ 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond.
§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the
Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this
Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns.
§ 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
§ 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or
part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor
ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the
provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§ 12 Notice to the Surety, the Owner or the Contractor shall be mauled or delivered to the address shown on the page on which their signature
appears.
§ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be
construed as a statutory bond and not as a common law bond.
§ 14 Definitions
§ 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper
adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of
insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the
Contractor under the Construction Contract.
§ 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents
and changes made to the agreement and the Contract Documents.
§ 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material
term of the Construction Contract.
§ 14A Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction
Contract or to perform and complete or comply with the other material terms of the Construction Contract.
§ 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
S-1852/AS 8110

$16 Modifications to this bond are as follows:
(Space is provided belowfor ada7 oral signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
S-185WAS 8110

:- Liberty
�'i.)=i.
Payment Bond
CONTRACTOR:
(Name, legal status and address)
OWNER:
(Name, legal status and address)
Bond No.
Document A312 TM -2010
Conforms with The American Institute of Architects AIA Document 312
, uSl
CONSTRUCTION CONTRACT
Date:
Amount: S
Description:
(Name and location)
BOND
Date:
(Not earlier than Construction Contract Date)
Amount: $
SURETY:
(Name, legal status and principal place of
business)
Malling Address for Notices
Attention: Surety Claims Department
1001 4th Avenue, Suite 1700
Seattle, WA 98154
Modifications to this Bond: ® None [:] See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature:
Name
and Title:
Signature:
Name
and Title: Attorney -in -Fact
(Corporate Seal)
Surety Phone No.
(Any additional signatures appear on the last page of this Payment Bond)
(FOR INFORMATION ONLY — Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect, Engineer or other party)
S-2149/AS 8110
DRAFT
This document has important legal
consequences. Consultation with
an attorney Is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where appllcabie.

§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to
pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference,
subject to the following terms.
§ 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims,
demands, liens or suits by any person or entity seeking payment for labor, materials or equipment fiunished for use in the performance of the
Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond.
§ 3 If there is no Owner Default under the Construction Contract, the SureVs obligation to the Owner under this Bond shall arise after the Owner
has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or
the Ownet's property by any person or entity seeking payment for labor, materials or equipment finnished for use in the performance of the
Conduction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety.
§ 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold
harmless the Owner against a duly tendered claim, demand, lien or suit.
§ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following.
§ 5.1 Claimants, who do not have a direct contract with the Contractor,
.1 have firmished a written notice of non-payment to the Contractor, stating with substantial ac=%7 the amount claimed and the
name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or
performed, within ninety (90) days after having last performed labor or last fianished materials or equipment included in the Claim;
and
.2 have sent a Claim to the Surety (at the address described in Section 13).
§ 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in
Section 13).
§ 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation
to famish a written notice of non-payment under Section 5.1.1.
§ 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's
expense take the following actions:
§ 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are
undisputed and &a basis for challenging any amounts that are disputed; and
§ 7.2 Pay or arrange for payment of any undisputed amounts.
§ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the
Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement.
If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable
attorney's fere the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§ 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attomey's fees provided under Section 7.3,
and the amount of this Bond shall be credited for any payments trade in good faith by the Surety.
§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract
and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree
that all funis earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and
Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work.
8-2149/AS 8110

§ 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.
The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no
obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond
§ 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
§ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the
project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a
Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the host labor or service was performed by anyone or the last materials or
equipment were tlmnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void
or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
§ 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their
signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received
§ 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted heretrom and peoviaions
conforming to such statutory or other legal requirement shall be deemed incorporated heroin. When so furnished, the intent is that this Bond shall be
construed as a statutory bond and not as a common law bond
§ 15 Upon request by any person or entity appearing to be a potential beneficimy of this Bond, the Contractor and Owner shall promptly furnish a
copy of this Bond or shall permit a copy to be made.
§ 16 Definitions
§ 16.1 Claim. A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done, or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was fiurnished for use in the
performance of the Construction Contract;
.4 a brief description of the labor, materials or equipment famished;-
.5
amished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the
Cmstroction Contract;
.6 the total amount earned by the Claimant for labor, materials or equipment fWnished as of the date of the Claim;
.7 the total amount of previous payments received by the Claimant; and
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim
§ 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,
materials or equipment for use in the performance of the Construction Contract. The tam Claimant also includes any individual or entity that has
rightfully asserted a claim under an applicable mechanic's lien or similar statute against the nal property upon which the Project is located. The intent
of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light. heat, oil, gasoline,
telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work
of the Contractor and the Contractoes subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction when the
labor, materials or equipment wen furnished.
§ 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents
and all changes made to the agreement and the Contract Documents.
S-2149/AS 8110

§ 16A Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction
Contract or to perform and complete or comply with the other material terms of the Construction Contract.
§ 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
117 If this Bond is issued for an agreement between a Contractor and subcontractor, the tern Contractor in this Bond shall be deemed to be
Subcontractor and the tern Owner shall be deemed to be Contractor.
§ 18 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature:
Name and Title:
Address
S-2149/AS 8/10
Signature: _
Name and Title:
Address