20021794 Ver 1_Complete File_20050315

A4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
March 15, 2005
Bill Biddlecome
US Army Corps of Engineers - Wilmington Regulatory Field Office
P.O. Box 1890
Wilmington, NC 28402-1890
Dear Mr. Biddlecome:
RE; Neu-Con Umbrella Wetland and Stream Mitigation Bank
Alexander Site (DWQ #02-1794)
Marston Site (DWQ # 03-1035)
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Recently the Division received a letter from Mr. David Franklin asking for comments on
the Annual Monitoring Reports for these two projects. However, the reports were not included
in the transmittal letter. Please have the bank applicants provide copies directly to the Division
in Raleigh to my attention so we can conduct our review. "Please have the applicants refer to
the abovementioned DWQ project numbers.
I can be reached at 919-733-9646 if you have any questions.
Cc: Cyndi Karoly
Amanda Mueller
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httn://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NorthCarohna
Naturally
IN REPLY REFER TO
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
June 15, 2006
Action ID No. 200310151 / Neu-Con Umbrella Wetland Mitigation Bank, Alexander
Mr. Thom Rinker
Environmental Banc and Exchange, L.L.C.
Southeast Regional Manager
2530 Meridan Parkway, Suite 200
Durham, North Carolina 27713
Dear Mr Rinker:
This correspondence confirms my receipt of your letter dated April 19, 2006, regarding the
status of available mitigation credits at the Alexander Mitigation Bank you are developing
located off of Lilly Pad Road (NCSR 1419), adjacent to an unnamed tributary to Contentnea
Creek, approximately five miles east of Snow Hill, Greene County, North Carolina. The purpose
of this letter is to confirm the status of mitigation credits available from this Bank.
Based upon review of the annual monitoring report for 2005.(Year 3), we have determined
that the success criteria have been meet for year 3. Based on the credit release schedule
contained in the mitigation banking instrument (MBI) an additional 10% of credits can be
released after the third year; if interim success measures are met.
By copy of this correspondence, we confirm that you have satisfied the above requirements
for year 3 release and a total of 8.3 credits of restoration and 0.1 credits of creation constituting
45% of the Bank's total restoration/creation credits are now available for sale.
Thank you for your time and cooperation. If you have any questions, please contact me at the
Washington Regulatory Field Office, telephone [phone], extension 26.
Sincerely,
William . Biddlecome. D Lri-521 10)
Regulatory Project Manager
JUN 1 9 2006
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
-2-
Copies Furnished:
Mr. Gary Jordan
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516.
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699
Mr. Travis Wilson
Eastern Region Highway Project Coordinator
Habitat Conversation Program
1142 I-85 Service Road
Creedmoor, North Carolina 27522
Ms. Kathy Matthews
3112 Avondale Court
Raleigh, North Carolina 27613
Mr. George Kelly
Environmental Banc & Exchange, L.L.C.
10055 Red Run Boulevard, Suite 130
Owings Mills, Maryland 21117-4860
United, States Department of the Interior
FISH AND WILDLIFE SE#tVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina ;7636.3726
January 24, 2003
Mr. Michael F. Bell
U. S. Army Corps of Engineers
Washington Regulatory Field Office
P. O. Box 1000
Washington, North Carolina 27889-1000
Subject: Action ID#200310151, Alexander Wetland Mitigation Site (Neu-Con Wetland
Mitigation Bank), Greene County, North Carolina
Dear Mr. Bell:
This letter provides comments of the U. S. Fish and Wildlife Service (Service) on the Revised
Mitigation Plan (RMP), dated December 2002, for the Alexander Wetland Mitigation Site, a unit
of the Neu-Con Umbrella Wetland Mitigation Bank. The RMP updates the initial plan of July
2002 and incorporates recommendations by members of the Mitigation Bank Review Team
(MBRT) (including the Service) from an on-site review on. December 3, 2002. These comments
are submitted in accordance with the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661-667d) and section 7 of the Endangered Species Act (ESA) of 1973, as
amended (16 U.S.C. 1531-1543).
The RMP states (p. 3-5) that the sponsor would preserve 2.15 acres of on-site existing wetlands
adjacent to the restoration area. Based on the inspection of this area during December 2002, the
Service believes that such preservation is appropriate and would be a positive contribution to the
fish and wildlife resources of the area.
During the December 2002 site visit, the MBRT raised concerns about the adequacy of the
proposed reference wetland. The RMP states (p. 6-1) that the best hydrologic reference site is
along the western boundary of the restoration site. The RMP also states that a groundwater
monitoring station will be installed in the proposed reference site in the spring of 2003. Data
from this well would apparently be used to establish that the area was saturated for a moderate
duration, defined in the RMP as seven percent of the growing season. The Service supports this
measure to ensure the hydrological suitability of the proposed reference wetland.
The Service supports the restoration of a non-riverine wet hardwood forest as stated (p. 3-4) in
the RMP. Furthermore, we support the vegetative success criteria given in the plan (p. 4-2) that
requires 260 planted species to survive on site for five years and the limitation of less desirable,
naturally invading trees to no more than 20 percent of all the trees on the restoration area at the
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end of five years. Since the vegetation plan indicates (p. 3-4) that six potential canopy trees may
be planted, we recommend that final vegetative success contain an objective criterion regarding
species diversity among the planted species. The desirable tree species could be planted in the
same proportion in which they occur in a wetland reference area or proportion of each species
could be equal. Regardless of the selected planting percentages, final vegetative success should
require that the percentage of each approved tree species at the end of the monitoring period not
deviate more than 50% from the percentage at which the species was planted. For example, if a
species represented 20% of the initial planting, vegetative success requires that this species
represents no more than 30% or less than 10%0 of the preferred, or approved, species surviving
after 5 years.
As we stated last month, the only federally-protected species known to occur in Greene County is
the red-cockaded woodpecker (Picoides borealis; RCW). Our site visit earlier this month
indicated that the cleared farm fields and hardwood forests surrounding these fields were not
suitable habitat for the RCW. We believe, at this time, that the wetland restoration work on the
Alexander Site is not likely to adversely affect any species protected by the ESA. However, we
will reconsider this position if. (1) new information reveals impacts of this identified action that
may affect listed species or critical habitat in a manner not previously considered; (2) this action
is subsequently modified in a manner that was not considered in this review; or, (3) a new
species is listed or critical habitat determined that may be affected by the identified action.
The Service appreciates the opportunity to review this RMP. At this time, the Service believes
that the sponsors have developed an acceptable mitigation plan. We will continue to serve on the
MBRT and work with the sponsors and other team members in implementing this plan. Please
advise us of any action taken by the Wilmington Corps District. If you have questions regarding
these comments, please contact Howard Hall at [phone] (Ext. 27) or by e-mail at
howard hallnNs.g©v.
Sincerely,
arland B. Pardue, Ph.D.
Ecological Services Supervisor
cc: Kathy Matthews, USEPA, Atlanta, GA
Bennett Wynne, NCWRC, Kinston, NC
t-Gyndi Karoly, NCDWQ, Raleigh, NC
Kevin Tweedy, Buck Engineering, 8000 Regency Pkwy, Suite 200, Cary, NC 27511
George W. Kelly, Environmental Banc and Exchange, LLC, 2012 North Elm Street,
Greensboro, NC 27408
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO January 6, 2003
Regulatory Division
Action ID No. 200310151 and Nationwide Permit No. 27 (Wetland and Riparian Restoration and
Creation Activities)
Mr. George W. Kelly
Environmental Banc & Exchange, LLC
North Elm Street, Suite J
Greensboro, North Carolina 27408
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Dear Mr. Kelly:
This correspondence confirms our receipt of your application on November 23, 2002, for
Department of the Army (DA) authorization to undertake waters and wetlands restoration
activities on your property located five miles east of the town of Snow Hill, Greene County,
North Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, the Code of Federal
Regulations (CFR) published in the Federal Register on March 9, 2000, lists nationwide permits.
Authorization, pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the
Clean Water Act, was provided for activities in waters of the United States associated with the
restoration of former waters, the enhancement of degraded tidal and non-tidal wetlands and
riparian areas, the creation of tidal and non-tidal wetlands and riparian areas and the restoration
and enhancement of non-tidal streams and non-tidal open water areas on private lands.
Your work is authorized by this nationwide permit provided it is accomplished in strict
accordance with the attached General Conditions and the following Special Conditions:
a. The draft mitigation plan entitled Neu-Con Umbrella Wetland and Stream Mitigation
Bank, Alexander Site Specific Mitigation Plan, dated July 29, 2002, must be amended, finalized
and approved by the U.S. Army Corps of Engineers prior to any construction activity within
waters of the United States, including wetlands.
b. Authorization of this work in no way obligates the U.S. Army Corps of Engineers, or
any other Mitigation Bank Review Team member or agency to recognize this project as a
mitigation bank.
c. The Corps of Engineers does not recognize as valid any references to mitigation
"credits", or any other issues associated with a mitigation bank contained within the mitigation
plan referenced in Special Condition (a.) above. _
d. In order for this site to function as a mitigation bank, all work performed on this site
must be ih compliance with the approved umbrella mitigation banking instrument (MBI) prior to
any credits being released from the bank.
You should contact Mr. John Dorney, North Carolina Division of Water Quality,
telephone [phone], regarding Section 401 Water Quality Certification. This nationwide
permit does not relieve you of the responsibility to obtain other required State or local approval.
This verification will be valid for two years from the date of this letter unless the nationwide
authorization is modified, reissued or revoked.
Thank you for your time and cooperation. Questions or comments may be addressed to
Mr. Michael Bell, Washington Regulatory Field Office, telephone [phone], extension 26.
Sincerely,
E. David Franklin
Chief, NCDOT Team
Enclosure
Copies Furnished (without enclosure):
Mrs. Kathy Matthews
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency/EAB
980 College Station Road
Athens, Georgia 30605
Mr. Howard Hall
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
101 Pivers Island
Beaufort, North Carolina 28516
2
Mr. John Dorney
Division of Water Qu/ity
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Bennett Wynne
North Carolina Wildlife Resources Commission
901 Laroque Avenue
Kinston, North Carolina 28501
Jul 29 02 12:48p BLOCK OHK - EHX 410-356-0464 p.2!
Environmental Banc, & EXchange, LLC
Managers, Rankers and Traders of Environmoiltal Rights
'Finding Frx jrcntruerua! Solutions 11VOLU
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Dear Neu-Con Mitigation Bank Review Team ("MBRT") Members:
IM55 RW Hun Boulevard, Suite 130
()Win};S Mills. MD 21117-4860
410 356-5159 FAX [phone]
2102 North Elm Sir(-ct. Suite )
Gleenshoru. \orlh Carolina 27408
336 274-9800 FAX [phone]
WW W.(-:1tXC1Si1.C0111
July 29, 2002
Enclosed for your consideration and review is a copy of the draft Alexander Site-Specific
Mitigation Plan. As called for in the Neu-Con Umbrella Wetland Mitigation and Stream
Mitigation Banking Instrument the Bank Sponsor, Environmental Banc and Exchange,
LLC ("EBX"), is seeking approval of the attached Site-Specific Mitigation Plan from the MBRT.
It is our understanding that circulation of the draft Site-Specific Mitigation Plan for the
Alexander site is now required in order to request a MBRT site visit. Accordingly, by copy of
this letter and the attached draft Site-Specific Mitigation Plan, EBX respectfully requests that the
MBRT coordinate its schedule and identify a date for a site visit.
If we can be of any
(x224). Otherwise,
date for a site visit.
Very Truly Yours,
George W. Kelly
Enclosure
Circulation List:
further assistance, please do not hesitate to contact me at 410-356-5159
ve look forward to hearing from the MBRT Chair regarding a scheduled
Mr. Bill Biddlecome
Washington Regulatory Field Office
Department of the Army
Wilmington District, Corps of Engineers
P. O. Box 1000
Washington, NC 27889-1000
Mr. David W. Lekson, Chief
Washington Regulatory Field Office
Department of the Army
Wilmington District, Corps of Engineers
P. O. Box 1000
Washington, NC 27889-1000

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Jul 29 02 12:48p BLACK OAK - EBX 410-356-0464 p.3
Mrs. Kathy Matthews
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency / EAB
980 College Station Road
Athens, GA 30605
Mr. Howard Hall
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
P. O. Box 33726
Raleigh, NC 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, NC 28516
Mr. Bennett Wynne
North Carolina Wildlife Resources Commission
901 Laroque Avenue
Kingston, NC 28501
Mr. Kevin Tweedy
Buck Engineering, Inc
8000 Regency Parkway, Suite 200
Cary, NC 27511
Mr. Chris Huysman
Wetland and Natural Resource Consultants, Inc.
P. O. Box 224
11 South College Avenue, Suite 206
Newton, NC 28658
'aelackruckatteOl\,ma AVaera Shared F,1dm%'M,y\Thay$ LI--..\EBa,,PmjeasWC-NCa-CmWexmdcr Raj"IWexawta Dig aad Miligadao Pla lLr.dx
Neu-Con Umbrella Wetland and Stream Mitigation Bank
Alexander
Site Specific Mitigation Plan
Environmental Banc & Exchange, LLC
Managers, Bankers, and Traders of Environmental Rights
"Finding Environmental Solutions through Economic Incentives "
Alexander Wetland Mitigation Project
Draft Mitigation Plan
Submitted to:
Environmental Banc and Exchange, LLC
North Elm Street, Suite J
Greensboro, NC 27408
Prepared by:
00 Regency Parkway
y, North Carolina 27511
BUCK Car
Phone: [phone]
Fax: [phone]
www.buckengineeri ng.com
Executive Summary
The Alexander wetland mitigation site is located in Greene County, five miles east of the
town of Snow Hill, North Carolina. Approximately 2,500 feet of ditches exist on the site
and were used to promote drainage when the land was under agricultural production. The
entire land parcel is approximately 28 acres in size and designated as prior converted
wetlands.
Land-use for the Alexander site in the past has been row crop agriculture. Existing
vegetation was inventoried on the property in April 2002. Vegetation in the field (along
the ditches and ponds) consisted of elderberry (Sambucus canadensis), giant cane
(Arundinaria gigantean), rush (Juncus sp.), goldenrod (Solidago sp.), jewelweed
(Impatiens capensis), sedge (Carex sp.), tear-thumb (Polygonum sagittatum), blackberry
(Rubus spp.), bulrush (Scirpus spp.), red maple saplings (Acer rubrum), and black cherry
saplings (Prunus serotina). Cattail (Typha latifolia) was observed growing in several
areas within the ditches, while black willow (Salix nigra) saplings were abundant around
the pond closest to the road. An existing wetland system borders the site along the
western edge. This area is wooded with tulip poplar (Liriodendron tulipifera), green ash
(Fraxinus pennsylvanica), American elm (Ulmus americana), sweet bay (Magnolia
virginiana), ironwood (Carpinus caroliniana), swamp chestnut oak (Quercus michauxii),
willow oak (Quercus phellos), American holly (Ilex opaca), black cherry (Prunus
serotina), and black willow. Considering this, the potential for restoration of a diverse
native vegetation community exists at the site due to the close proximity of appropriate
seed sources.
Water table -monitoring data collected from May 2000 through October 2000 indicated
that the site currently exhibits hydrologic conditions drier than jurisdictional wetland
conditions. The ditches on the site transport surface and subsurface drainage from the
project property and maintain soil conditions favorable for agricultural production.
Examination of the available hydrology and soil data indicates that the site has good
potential for the restoration of a productive wetland ecosystem.
The mitigation design for the Alexander property is to restore a "non-riverine wet
hardwood forest", as described by Schafale and Weakley, 1990. These systems exist as
poorly drained interstream flats with fine-textured mineral soils, not associated with
rivers or estuaries. Restoration will involve the filling of drainage ditches to raise the
local water table and restore site hydrology. The restored wetland will tie-in with the
existing wetland area along the western boundary of the site, such that a contiguous
wetland system is formed. Total size of the restored wetland is approximately 18.5 acres,
with approximately 2.4 acres of wetland creation proposed.
Alexander Wetland Mitigation Plan i EBX / Buck Engineering
Table of Contents
1 Introduction .............................................................................................................. 1-1
1.1 Project Description ........................................................................................... 1-1
1.2 Study Area ........................................................................................................ 1-1
2 Ex isting Conditions .................................................................................................. 2-1
2.1 Geology and Soils ............................................................................................ 2-1
2.2 Climatic Conditions .......................................................................................... 2-3
2.3 Site Hydrology ................................................................................................. 2-3
2.4 Hydrologic Modeling ....................................................................................... 2-5
2.5 Flooding Concerns ........................................................................................... 2-7
2.6 Biotic Resources ............................................................................................... 2-7
2.7 Cultural Resources ........................................................................................... 2-8
3 Mi tigation Plan ......................................................................................................... 3-1
3.1 Overview .......................................................................................................... 3-1
3.2 Hydrologic Restoration .................................................................................... 3-1
3.3 Hydrologic Model Analyses ............................................................................. 3-3
3.4 Vegetation Plan ................................................................................................ 3-4
3.5 Soils .................................................................................................................. 3-5
4 Su ccess Criteria ........................................................................................................ 4-1
4.1 Wetland Hydrologic Success Criteria .............................................................. 4-1
4.2 Wetland Vegetative Success Criteria ............................................................... 4-1
4.3 Reference Site ..................................................................................................4-2
5 Monitoring Plan ........................................................................................................5-1
5.1 Hydrology .........................................................................................................5-3
5.2 Vegetation ........................................................................................................5-3
6 Reference Wetland ...................................................................................................6-1
6.1 Reference Site Selection ...................................................................................6-1
6.2 Hydrology .........................................................................................................6-1
6.3 Soils ..................................................................................................................6-2
6.4 Vegetation ........................................................................................................6-2
6.5 Landscape Position ...........................................................................................6-2
7 Re ferences ...........................................................................................•....................7-1
Appendix 1: Photographs of the Project Site
Appendix 2: Letters from the North Carolina Natural Heritage Program and
North Carolina Department of Cultural Resources
Appendix 3: DrainMod Input Files used to Model the Existing Condition and Proposed
Restoration Practices of the Project Site
Appendix 4: Reference Wetland Evaluation Forms
Appendix 5: Hydrologic Unit Code Service Area Map
Appendix 6: Credit Accounting Ledger Sheet
Appendix 7: Sample Conservation Easement
Appendix 8: Financial Assurances
Appendix 9: Title
Alexander Wetland Mitigation Plan ii EBX / Buck Engineering
List of Figures
Figure 1.1 Location of the Alexander wetland mitigation site .............................
Figure 2.1 Existing site topography, hyric soils, and features for the
Alexander property ............................................................................
Figure 2.2 Water table data for the monitoring well located on the project site..
Figure 3.1 Proposed restoration design for the project site ..................................
Figure 3.2 Thirty (30) year model simulations showing the longest consecutive
number of days meeting wetland criteria at each monitored location
under proposed restoration practices ...................................................
List of Tables
........ 1-2
.........2-2
......... 2-4
.........3-2
.........3-4
Table 2.1 Comparison between monthly rainfall amounts for the project site and the
long-term average ...........................................................................................2-5
Table 2.2 Hydrologic parameters calculated for the project site .....................................2-5
Table 2.3 Water balance for the existing condition of the projecy site ...........................2-7
Table 3.3 Percent of the growing season experiencing saturated or inundated
conditions for the four modeled scenarios .......................................3-3
Alexander Wetland Mitigation Plan in EBX / Buck Engineering
1 Introduction
1.1 Project Description
The Alexander wetland mitigation site is located in Greene County, approximately five
miles east of the town of Snow Hill, North Carolina (see Figure 1.1). The site has a past
history of agricultural use, consisting primarily of row crop agriculture. Approximately
2,500 feet of ditches exist on the site and were used to promote drainage when the land
was under agricultural production. The ditches on the site drain to an unnamed tributary
of Contentnea Creek, which forms the property boundary on the west side of the site (see
Figure 2.1). The entire property is approximately 28 acres in size and designated as prior
converted wetlands, with approximately 18.5 acres of drained hydric soils (see Figure 2.1
for hydric soil delineations).
Environmental Banc and Exchange, LLC (EBX) proposes to restore wetland
functionality to the site for the purpose of fulfilling wetland mitigation requirements to
the North Carolina Department of Transportation (NCDOT).
1.2 Study Area
The Alexander mitigation site is located in the Coastal Plain Physiographic Region near
the Town of Snow Hill, North Carolina. This area is part of the Yorktown Formation,
formed during the Tertiary Period. Topographic relief of the area is largely the result of
dissection by Contentnea Creek and its tributaries (NRCS, 1980).
Local relief within the project site is approximately nine feet, with the highest location
being the northeastern corner of the site near North Carolina State Road (NCSR) 1419
(Suggs Road), and the lowest elevation being the western side of the property adjacent to
the existing wetland. The surrounding properties are primarily used for row crop
agriculture or existing wetland areas.
Alexander Wetland Mitigation Plan 1-1 EBX / Buck Engineering
Project Locati
Reference

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Figure 1.1
Project Location
Alexander Mitigation Site
2 Existing Conditions
2.1 Geology and Soils
The project site is located in the Coastal Plain of North Carolina. Soils series mapped on
the site include the Johns, Kenansville, and Lumbee series (NRCS, 1980), as shown in
Figure 2.1. On the low ridges and upland areas of the site, the Johns (Jo) and Kenansville
(Ke) soil series are found (NRCS, 1980). Both of these series consist of well drained soils
typically found on uplands, low ridges, and stream terraces. Permeability is moderately
rapid for both soils. Lumbee (Lu) soils are found in the lower lying areas of the site.
Lumbee soils are poorly drained soils found on smooth flat terraces. The Lumbee soils
series typically have dark gray sandy loam surface layers with a gray sandy loam
subsurface. Infiltration and permeability are moderate with the seasonal high water table
at the surface. The NRCS categorizes the Lumbee soil series as an "A list" hydric soil
(NRCS, 1995).
Hydric soils on the project property were delineated by Wetland and Natural Resource
Consultants, Inc., (WNRC). The delineated areas of cleared hydric soil are shown in
Figure 2.1. Total area of cleared hydric soils is approximately 18.5 acres. Only the areas
of existing hydric soils are targeted for restoration.
Bore-hole tests were conducted in April 2002 to determine soil physical parameters. The
test holes were dug primarily in low lying areas where restoration activities will occur.
However, one test hole was augered on a knoll area that was higher in elevation.
Although there was some variation between test hole profiles and soil survey
descriptions, all test holes indicated presence of hydric soils with a depleted matrix in the
A and/or B horizons of the soil profile, with the exception of the hole augered in the knoll
area. Soil surface layers to a depth of 2 - 3 feet typically exhibited matrix values of 4 or
less and chromas of 2 or less in the low lying auger holes, with a coarse gray sand layer
found at 5 feet. The soil profile in the hole augered in the knoll area, found high values
for hue and choma, with observations of a bright orange layer ranging from 6 - 36 inches
in depth. Most profiles consisted of a fine sandy loam textured surface layer, changing to
sandy clay loam in the subsurface horizons. The water table was determined to be within
1 foot of the soil surface over most of the proposed restoration area on the day the bore
hole test analyses (April 2, 2002) were conducted. At a depth of approximately 5 feet, a
gray layer of saturated medium sand was found at most locations.
Augered holes were also used to measure saturated hydraulic conductivity using the
method described by van Beers (1970). Saturated hydraulic conductivity measurements
were conducted for hydrologic model inputs, and to evaluate the potential for preferential
flow. Conductivities across the site ranged from 6 to 16 cm/hr, with a median value of 10
cm/hr. A saturated sand layer was found on the site at a depth below 1 foot from the soil
surface. The highest conductivity measurements were determined near the eastern edge of
the site where the property boundary is formed by NCSR 1419.
Alexander Wetland Mitigation Plan 2-1 EBX / Buck Engineering
REVISIONS
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2.2 Climatic Conditions
Greene County, North Carolina has an average annual rainfall of approximately 49 inches
(NRCS, 1980). In much of the Coastal Plain of North Carolina, approximately 36 inches
of water are lost to evapotranspiration during an average year (Evans and Skaggs, 1985).
Since average rainfall exceeds average evapotranspiration losses, the Coastal Plain of
North Carolina experiences a moisture excess during most years, meaning that the excess
water must leave a given site by groundwater flow, runoff, channelized surface flow, or
deep seepage. Annual losses to deep seepage, or percolation of water to confined aquifer
systems, is typically less than one inch of water for most Coastal Plain areas and are not a
significant loss pathway for excess water. Although groundwater flow can be significant
in some systems, most excess water is lost via shallow subsurface flow and surface flow.
2.3 Site Hydrology
The presence of hydric soils over most of the project site is evidence that the site
historically supported a wetland ecosystem. As is the case in much of the Coastal Plain of
North Carolina, local drainage patterns have been altered over the last two centuries to
promote agricultural production. Two small excavation ponds were constructed on the
site in the past. Two lateral ditches were also constructed across the low lying areas of the
site to provide shallow subsurface drainage that lower the water table at the site, which is
beneficial for agriculture production. These ditches drain to an existing wetland system
and unnamed tributary of Contentnea Creek on the western side of the project property.
During February 2000, a well was installed and maintained by (WNRC) to manually
monitor water table depth on the project site. The well was replaced by an automated
recording well in May 2000. The wells were located in areas where hydrology would
likely be affected by restoration efforts to provide information for comparing pre- and
post-restoration hydrology (see Figure 2.1 for well locations). Water table data were
collected from February 2000 through October 2000 and are shown in Figure 2.2.
Rainfall data collected for the hydrologic monitoring period were used to correlate
climatic conditions with water table hydrology. Rainfall data were collected from the
nearest automated weather station (UCAN: 14352), located in Snow Hill, North Carolina,
approximately five miles southwest of the project site. Over the monitoring period, there
were seven days in which rainfall data were missing from the Snow Hill weather station.
Rainfall data from the next closest automated station located approximately 20 miles
northeast of the project site in Greenville, North Carolina (Greenville 2, NC3638), were
used to fill in these gaps in the Snow Hill data. Monthly precipitation amounts from
March 2000 through October 2000 are compared with average monthly rainfall amounts
for Greene County (NRCS, 1980) in Table 2.1. Drier than average conditions were
experienced at the project site during the monitoring period.
Alexander Wetland Mitigation Plan 2-3 EBX / Buck Engineering
Well data from the project site were analyzed to determine the sites current hydrologic
state. Data were used to determine 1) the longest number of days with the water table less
than 12 inches deep during the monitoring period, 2) the longest number of days with the
water table less than 12 inches deep during the growing season, and 3) the number of
occurances that the water table was less than 12 inches deep for at least 1 day during the
growing season. Calculated values are presented in Table 2.2.
The growing season for Greene County is 242 days long, beginning on March 16 and
ending November 13, as calculated from National Weather Service Wetlands
Determination Tables (WETS) for the Greeneville 2, NC3638 station. To meet
jurisdictional wetland criteria, the water table would need to remain within 12 inches of
the soil surface for 5% of the growing season, or approximately 12 days. For the period
of monitoring data available, the longest consecutive period with the water table less than
12 inches deep during the growing season was 4 days (Well #1, 9/24/00 to 9/27/00). This
would indicate that the current hydrologic state of the project site is drier than would be
expected for a site meeting jurisdictional wetland hydrology requirements.
Alexander Wetland Mitigation Plan 2-4 EBX / Buck Engineering
Figure 2.2. Water table data for the monitoring well located on the project site.
Table 2.1 Comparison between monthly rainfall amounts for the project site and the
lone-term average.

Month/Year Observed Monthly
Precipitation (in) Average Monthly
Precipitation (in) Deviation of
Observed from
Average
March 2000 3.21 3.86 -0.65
April 2000 5.16 3.33 1.83
May 2000 1.37 4.33 -2.96
June 2000 3.96 4.85 -0.89
July 2000 4.57 5.27 -0.70
August 2000 5.18 6.26 -1.08
September 2000 9.53 4.25 5.28
October 2000 0.16 3.01 -2.85
Sum 33.14 35.16 -2.02
Table 2.2 Hvdroloeic parameters calculated for the proiect site.
Longest consecutive Longest consecutive Number of instances
;
number of days with number of days with < 12
when WT
WT* < 12 inches WT< 12 inches inches deep from
Well deep from 3/8/00 deep from 3/16/00 3/16/00 through
through 10/2/00 through 10/2/00 10/2/00
(period of record) (partial growing (partial growing
season) season)
Monitoring 4 4 1
Wells
WT = water table
2.4 Hydrologic Modeling
To further investigate the current hydrologic status of the site and provide a means for
evaluating proposed restoration plans, hydrologic models were developed to simulate site
hydrology. DrainMod (version 5.1) was used to develop hydrologic simulation models to
represent conditions at the automated monitoring well location. DrainMod is identified as
an approved hydrologic tool for assessing wetland hydrology by the United States
Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS,
1997). For more information on DrainMod and its application to high water table soils,
the reader is referred to Skaggs, 1980.
Model parameters were selected based on field measurements and professional judgment
of site conditions. Rainfall and air temperature information were collected from the
nearest automated weather station (UCAN: 14352), located in Snow Hill, North Carolina,
approximately five miles southwest of the project site. Field measured parameters were
entered into the model and initial model simulations were compared with observed data
Alexander Wetland Mitigation Plan 2-5 EBX / Buck Engineering
collected from the monitoring wells. To calibrate the model, parameters not measured in
the field were adjusted within the limits typically encountered under similar soil and
geomorphic conditions until model simulations most closely matched observed well data.
DrainMod computes daily water balance information and outputs summaries that
describe the loss pathways for rainfall over the model simulation period. Table 2.3
summarizes the average annual amount of rainfall, infiltration, drainage, runoff, and
evapotranspiration estimated for the existing condition of the Alexander property.
Infiltration represents the amount of the water that percolates into the soil and is lost via
drainage or runoff. Drainage is the loss of infiltrated water that travels through the soil
profile and is discharged to the drainage ditches or to underlying aquifers. Runoff is
water that flows overland and reaches the drainage ditches before infiltration.
Evapotranspiration is water that is lost by the direct evaporation of water from the soil or
through the transpiration of plants.
From the data provided, it is clear that a significant amount of the rainfall that falls on the
site is lost via drainage and runoff to the field ditches. Restoration of the site will involve
blocking the ditches and increasing the amount of surface storage available to pond
water. In this way, the respective amounts of drainage and runoff are decreased and the
excess water allows the water table to remain higher throughout the year, thus restoring
wetland hydrology.
With the calibrated model, simulations were run to estimate the hydrologic conditions of
the site in its existing condition. A location approximately 200 feet from the existing
ditches was modeled to represent the average drainage conditions governing current site
hydrology. Long-term model simulations were run for 30 years of weather data collected
from an automated weather station located in Greenville, North Carolina (Greenville 2,
NC3638) approximately 20 miles from the project site, since long-term data were not
available from the Snow Hill automated weather station. DrainMod allows for the
analysis of wetland hydrology by calculating the longest consecutive number of days
meeting wetland hydrology criteria within the growing season. The DrainMod input files
used to model the long-term simulations are presented in Appendix 3.
Jurisdictional wetland criteria (water table within 30 cm of the soil surface for 5% of the
growing season) were not met in any of the 30 simulated years. These data indicated that
the site, in its current condition, does not support wetland hydrology. This would be
expected since the site has been in agricultural production for many years.
Alexander Wetland Mitigation Plan 2-6 EBX / Buck Engineering
Table 2.3 Water balance for the existing condition of the Alexander site.

Hydrologic
Parameter Average Annual Amount
over 30 Year
Simulation Period
cm of water Average Annual Amount
over 30 Year
Simulation Period
% of rainfall
Precipitation 124.1 100%
Drainage 44.0 35%
Runoff 20.1 16%
Evapotranspiration 60.0 49%
2.5 Flooding Concerns
There are no flooding or hydrologic trespass concerns for the project site. The existing
elevation contours for the site, displayed in Figure 2.1, indicate that surface drainage
flows to the middle of the site, where two existing small ponds are located. Existing
drainage ditches originate near the middle of the site and flow to the west, draining to the
existing wetland area along the western border of the property. This drainage pattern will
not be altered - all drainage from the restored site will also drain to the existing wetland
area avoiding any potential impacts to adjacent properties.
NCSR 1419 (Suggs Road) forms the eastern boundary of the site. There is a road-side
ditch that parallels NCSR 1419 on the project property. This ditch is located on higher
ground than the proposed restoration areas, and as such, drainage of the road-side ditch
will not be impacted by the proposed restoration activities.
2.6 Biotic Resources
In the past, the land-use for the Alexander site has been row crop agriculture. During site
investigations in April 2002, the site had been recently disked and as a result, the only
standing vegetation was found along the ditch and pond banks, and around the wooded
perimeter of the site. Vegetation along the ditch and pond banks consisted of elderberry
(Sambucus canadensis), giant cane (Arundinaria gigantean), rush (Juncus sp.), goldenrod
(Solidago sp.), jewelweed (Impatiens capensis), sedge (Carex sp.), tear-thumb
(Polygonum sagittatum), blackberry (Rubus spp.), bulrush (Scirpus spp.), red maple
saplings (Acer rubrum), and black cherry saplings (Prunus serotina). Cattail (Typha
latifolia) was observed growing in several areas within the ditches, while black willow
(Salix nigra) saplings were abundant around the pond closest to the road.
Vegetation within the existing wetland area along the western boundary of the site was
also identified. The dominant tree canopy consisted of tulip poplar (Liriodendron
tulipifera), and red maple (Acer rubrum), while species predominant in the understory
consisted of green ash (Fraxinus pennsylvanica), American elm (Ulmus americana), and
sweet bay (Magnolia virginiana). Other species observed in the wetland area included
ironwood (Carpinus caroliniana), swamp chestnut oak (Quercus michauxii), willow oak
Alexander Wetland Mitigation Plan 2-7 EBX / Buck Engineering
(Quercus phellos), American holly (Ilex opaca), black cherry (Prunus serotina), black
willow, elderberry, wax myrtle (Myrica cerifera), possum haw (Viburnum nudum), and
chinese privit (Ligustrum sinense). The herbaceous and vine strata included lizard's tail
(Saururus cernuus), jewel weed, giant cane, netted chainfern (Woodwardia areolata),
blackberry, poison ivy (Toxicodendron radicans), greenbrier (Smilax spp.), virginia
creeper (Parthenocissus quinquefolia), trumpet creeper (Campsis radicans) and
honeysuckle (Lonicera japonica).
The North Carolina Natural Heritage Program (NCNHP) was contacted by WNRC in a
letter dated October 9, 2000 to determine any possible issues that might emerge with
respect to significant natural resources from wetland restoration practices on the project
site. In a reply letter dated November 14, 2000, the NCNHP issued a "No Effect"
determination for the project site (see Appendix 2 for copies of the letters of
communication between NCNHP and WNRC).
2.7 Cultural Resources
In a letter dated October 9, 2000, WNRC requested that the North Carolina Department
of Cultural Resources (NCDCR) review the project and comment on any possible impact
to cultural resources within the project area. The NCDCR determined, in a letter dated
November 14, 2000, that there were no properties of architectural, historic, or
archaeological significance which would be affected by the project (see Appendix 2 for a
copy of the letter from the NCDCR).
Alexander Wetland Mitigation Plan 2-8 EBX / Buck Engineering
3 Mitigation Plan
3.1 Overview
The restoration design for the Alexander property is to restore a "non-riverine wet
hardwood forest" system, as described by Schafale and Weakley (1990). These systems
exist as poorly drained interstream flats with fine-textured mineral soils, not associated
with rivers or estuaries. Restoration will involve the filling of the drainage ditches and
ponds, and the restoration of natural topography to the site. This will have the effect of
raising the local water table and increasing the surface storage of the site, restoring
wetland hydrology to the site. At the downstream end (western side) of the site, the
restored system will be connected with the existing wetland area to form a contiguous
wetland system.
3.2 Hydrologic Restoration
Restoration of site hydrology will involve the filling of the drainage ditches and ponds to
prevent excessive drainage, raising the water table and restoring wetland hydrology. The
drainage ditch along the property boundary formed by NCSR 1419 (Suggs Road) will not
be impacted by restoration activities. To provide the necessary fill material for the ditches
and ponds, high areas of non-hydric soil will be graded down. The two existing lobes of
non-hydric soil on the northwest and southwest portions of the site will be graded down
to an elevation matching the existing areas of hydric soil. These graded non-hydric areas
will then be covered with approximately 8 - 10 inches of hydric topsoil in order to
expand the size of the wetland system. The filled in ponds will also be capped with
hydric soil to restore these areas. The hydric soil used to cover these areas will be
developed by shallow grading of elevated areas of hydric soil around the perimeter of the
site.
The restored site will function as a "non-riverine wet hardwood forest", and grade to the
existing "Coastal Plain small stream swamp" system located along the western portion of
the site. High water table conditions will be present across the site, with varying degrees
of hydrologic wetness. Surface drainage from the site will flow toward the western border
and discharge to the existing wetland system. The restored system will grade gradually
into the existing wetland system, such that no control devices will be necessary. The
restored and existing wetland areas will become one contiguous system. Design contours
and the layout of the restored site are shown in Figure 3.1. Total restored acreage of
wetland for the site is estimated at 18.5 acres, with approximately 2.4 acres of created
wetland.
Alexander Wetland Mitigation Plan 3-1 EBX / Buck Engineering
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3.3 Hydrologic Model Analyses
DrainMod simulations were developed to evaluate the current hydrologic status of the
restoration site (Section 2.4) and to estimate the hydrologic conditions of the site under
the proposed restoration practices. Model parameters which describe the depth of ditches
and topographic surface storage were changed to values representative of the described
restoration practices. Input files that described cropping conditions were modified to
represent forested conditions.
Three (3) scenarios were simulated to evaluate the restored hydrologic conditions: 1) a
location near the center of the site (elevation = 490 ft), 2) a location midway between the
center of the site and the outer edge (elevation = 490.5 ft), and 3) a location near the outer
edge of the restored site (elevation = 491 ft). These three locations were chosen to
represent the range of hydrologic conditions expected over the restored sites, with wetter
conditions near the center of the site with decreasing wetness moving toward the outer
edge. Scenario 2 (midway between the center of the site and the outer edge) was chosen
to approximate an average location across the restored site, since the majority of the
restored acreage will be represented by these conditions. Thirty (30) year simulations
were run following the procedure described in Section 2.4. The results of the simulations
are presented in Figure 3.2, while DrainMod input files are provided in Appendix 3.
These simulations indicate that a range of hydrologic conditions will be imposed across
the restored site. Scenario 2 (midway between the center of the site and the outer edge)
can be assumed to represent average conditions across the site, with the majority of the
restored acreage on the site being represented by this hydrologic scenario. The remaining
two scenarios represent areas of increased and decreased wetness, such as low lying
depressions and areas of higher elevation near the edge of the site, respectively. It is
important to note that the hydrology of the targeted restored wetland system (non-riverine
wet hardwood forest) is highly variable across a given site, supporting the ecological and
functional diversity that makes these systems so valuable. All modeled scenarios for the
restored site met jurisdictional wetland criteria, indicating that wetland hydrology would
be restored to the site under the proposed restoration practices.
Table 3.3 Percent of growing season experiencing saturated or inundated conditions
far the three madele-d ccenarinc_
Percent of Growing Season
Modeled Scenario Experiencing Continuous Saturated or
Inundated Conditions Under Average
Conditions
Center of the restored site 12%
Mid-way between center and outer edge of 9%
restored site (average conditions)
Outer edge of restored site 7%
Alexander Wetland Mitigation Plan 3-3 EBX / Buck Engineering
60 --
19 Scenario 1: Center of Site
® Scenario 2: Middle of Site
Note: 12 consecutive days (5% of growing
®Scenario 3: Outer Edge of Sit
season) necessary to meet jurisdictional e
N 50 wetland criteria.
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Model Year
Figure 3.2 Thirty (30) year model simulations showing the longest consecutive
number of days meeting wetland criteria at three locations under proposed
restoration practices.
3.4 Vegetation Plan
The design of the proposed restored project area will most closely resemble the "non-
riverine wet hardwood forest" described by Schafale and Weakley (1990). Trees to be
planted include willow oak (Quercus phellos), swamp chestnut oak (Quercus michauxii),
laurel oak (Quercus laurifolia), overcup oak (Quercus lyrata), blackgum (Nyssa
sylvatica), and swamp blackgum (Nyssa biflora). Overcup oak and swamp blackgum will
be planted in the wettest areas.
The permanent seed mixture will be composed of Virginia wild rye (Elymus virginicus),
switch grass (Panicum virgatum), and fox sedge (Carex vulpinoidea).
Species selected for non-riverine restoration are considered to be weakly to moderately
tolerant of flooding. Weakly tolerant species are able to survive and grow on sites in
which soil is saturated for relatively short periods during the growing season. Moderately
tolerant species are able to survive on soils that are saturated or flooded for several
months during the growing season. Flood tolerant species are able to survive on sites in
which the soil is saturated or flooded for long indefinite periods during the growing
season (Wetlands Reserve Program (WRP) Technical Note VN-RS-4.1).
Alexander Wetland Mitigation Plan 3-4 EBX / Buck Engineering
The occurrence of small hummocks, variations in soil texture, and microtopography will
result in a heterogeneous plant community with varying hydroperiods. This community
type is known to grade into Small Stream Swamps at their headwaters.
The plant community types listed above are derived from Schafale and Weakley (1990).
Species selection generally follows tolerances cited in WRP Technical Note VN-RS-4.1
These documents, in combination, suggest a high probability that the selected plants will
survive on the hydrologically restored fields of the Alexander site and will replicate the
targeted natural system.
Prior to planting, the mitigation area will be inspected for proper elevation and soil
suitability. The site will be inspected at the completion of planting to determine that
proper planting methods were used; including spacing, species composition, and density.
3.5 Soils
Existing soils targeted for restoration are hydric (Lumbee series). Areas targeted for
wetland creation are mapped as the Kenansville series. These non-hydric areas will be
graded and then capped with a layer of hydric topsoil approximately 8 - 10 inches deep
to reach design grades.
Samples of topsoil from the site will be collected and tested to determine soil fertility and
chemical properties. If necessary, soil amendments (fertilizer, lime, etc.) will be applied
at rates appropriate for the target vegetation. Since the land has been in agricultural
production for a number of years, it is likely that soil fertility amendments will not be
necessary.
Disking and tillage practices commonly used in agriculture will be used to break the plow
pan and reduce compaction of the soil caused by years of agricultural production. Tillage
practices will also be used to remove any field crowns, thus restoring a more natural
topography to the site.
Alexander Wetland Mitigation Plan 3-5 EBX / Buck Engineering
4 Success Criteria
Factors considered in establishing hydrologic success criteria include the site specific
water budget (see Section 3.3 and Figure 3.2), soil types (see Section 3.5), and target
wetland systems (see Section 3.1), as well as pertinent scientific literature, such as the
quantifiable requirements referenced in documents developed for the purpose of wetland
delineation, specifically the 1987 Corps of Engineers Wetlands Delineation Manual
(USACE, 1987).
Several examples of performance standards are discussed in the WRP Technical Note
entitled Examples of Performance Standards for Wetland Creation and Restoration in
Section 404 Permits and an Approach to Developing Performance Standards (WG-RS-
3.3), dated January 1999. Specific and measurable success criteria for plant density
within the Neu-Con Wetland and Stream Mitigation Umbrella Bank sites are based on the
recommendations found in the WRP Technical Note and correspondence from MBRT
members (EPA, June 15, 2001 and USFWS, December 19, 2000).
The proposed success criteria "... refer to practicably measurable or observable attributes
that reflect compensatory mitigation objectives", which are consistent with the cited
Technical Note (page 12).
4.1 Wetland Hydrologic Success Criteria
The targeted success criteria for the Alexander wetland mitigation site will be inundation
or saturation within 12 inches of the surface continuously for 9% (22 days) of the
growing season. If the restored site is inundated or saturated within 12 inches of the
surface continuously for less than 9% (22 days) of the growing season but greater than or
equal to 5% (12 days) of the growing season, then the credits will be approved and
released consistent with the terms of the Mitigation Banking Instrument and applicable
on a case by case basis as deemed appropriate by the permitting agencies.
The day counts are based on the growing season for Greene County, which is 242 days
long, beginning on March 16 and ending November 13, as calculated from National
Weather Service Wetlands Determination Tables (WETS) for Greenville, North Carolina
(Greenville 2, NC3638).
4.2 Wetland Vegetative Success Criteria
The interim measure of vegetative success for the Alexander Wetland Mitigation Plan
will be the survival of at least 320 3-year old planted trees per acre at the end of year
three of the monitoring period. The final vegetative success criteria will be the survival of
260 5-year old planted trees per acre at the end of year five of the monitoring period. In
addition, for the five year monitoring period, the presence of volunteer facultative
softwood species such as red maple, sweet gum, and loblolly pine will be limited to less
than 10% each of the total number of trees utilized to determine success. These trees
Alexander Wetland Mitigation Plan 4-1 EBX / Buck Engineering
may contribute more than 10% of the total trees on the site, but they will not constitute
more than 10% each of the 260 trees per acre.
4.3 Reference Site
If the rainfall data for any given year during the monitoring period is not normal, and if
the desired hydrology for the Alexander site is not on a trajectory to achieve success, then
the reference wetland data can be assessed to determine if there is a positive correlation
between the underperformance of the restoration site and the natural hydrology of the
reference site.
In order to determine if the rainfall is normal for a given year, rainfall amounts will be
tallied using data from the Greenville, North Carolina (Greenville 2, NC3638 WETS
Station), with supplemental data taken from Snow Hill, North Carolina. The Snow Hill
station is closer to the mitigation site, however this station has experienced periods of
data collection failure in the past.
Alexander Wetland Mitigation Plan 4-2 EBX / Buck Engineering
5 Monitoring Plan
An as-built report will be submitted to the MBRT within 60 days of the planting
completion and well installation. The report will include elevations, photographs, well
and sampling plot locations, and a description of initial species composition by
community type. The report will also include a list of the species planted and the
associated densities.
The monitoring program will be implemented to document system development and
progress toward achieving the success criteria referenced in Section 4. Both hydrology
and vegetation will be assessed to determine the success of the mitigation. The
monitoring program will be undertaken for 5 years or until the final success criteria are
achieved, whichever is longer.
Monitoring Reports will be completed on the schedule found in the approved EBX-Neuse
I Mitigation Banking Instrument (MBI) at Section V Maintenance and Monitoring of the
Bank:
EBXN-I agrees to perform all necessary work to monitor the Bank and to
demonstrate compliance with the Performance Criteria established in this
Banking Instrument and the Site Specific Mitigation Plan(s). Members of
the MBRT may conduct, at their own expense and in coordination with
other Federal and State resource agencies, field investigations to determine
the functions and values of the Bank. The MBRT's best professional
judgment shall be used to determine wetland, upland and habitat functions
and values. Reports resulting from such investigations will be promptly
provided to EBXN- I and its designated agents. The Sponsor may conduct
field investigations at its own expense to determine the functions and
values of the Bank. Reports resulting from such investigations will be
promptly provided to members of the MBRT.
A. Monitoring Reports.
1. The Sponsor shall submit to each member of the MBRT, an annual
report describing the condition of Bank and relating the conditions
of the Bank to the Site Specific Performance Criteria. The report
will be prepared between July 1 and November 15 and shall
include hydrologic data collected during the early growing season.
The report will indicate the dates at which all information in the
report was collected. The report will be submitted on or before
November 30th and shall contain the following:
Alexander Wetland Mitigation Plan 5-1 EBX / Buck Engineering
(a) A U.S. Geological Survey map showing locations of the
Bank Sites;
(b) A detailed narrative summarizing the condition of the Bank
Sites and all regular maintenance activities;
(c) Appropriate topographic maps (e.g., 1-2 feet-contour
intervals) showing location of sampling plots, permanent
photo points, location of transacts, etc.;
(d) Digital photos showing views of the Bank Sites taken from
fixed-point stations from a height of approximately five to
six feet. Permanent markers shall be established to ensure
that the same locations (and view directions) on the site are
monitored in each monitoring period;
(e) Hydrologic information, as specified in each Site Specific
Mitigation Plan.
(f) Vegetation Data, as specified in each Site Specific
Mitigation Plan.
(g) Identify any invasion by undesirable species. Quantify the
extent of invasion of undesirable plants by either stem
counts, percent cover, or area, whichever is appropriate.
Describe and/or quantify damage done by animals.
(h) Wildlife observations: For casual observations, record the
date of observation, number of individuals, presence of
juveniles and use of the site by wildlife.
2. Reports shall be required for each phase of the Bank following the
end of the first growing season after planting and in accordance
with the following schedule:
Once during first year after completion of construction (Year 1)
Once during second year after construction completion (Year 2)
Once during third year after construction completion (Year 3)
Once during fourth year after construction completion (Year 4)
Once during fifth year after construction completion (Year 5)
B.
Remedial Actions.
In the event the Bank or a specific phase of the Bank fails to achieve the
Performance Criteria specified in the Site Specific Mitigation Plans, the
Sponsor shall develop necessary adaptive management plans and/or
Alexander Wetland Mitigation Plan 5-2 EBX / Buck Engineering
implement appropriate remedial actions for the Bank for that phase in
coordination with the MBRT. The MBRT shall review the reports
described above, and may, at any time, after consultation with the
Sponsor and the MBRT, direct the Sponsor to take remedial action at the
Bank site. Remedial action required by the Corps shall be designed to
achieve the Performance Criteria specified in the Site Specific Mitigation
Plans, and shall include a work schedule and monitoring criteria that will
take into account physical and climactic conditions. EBXN-I shall
implement any remedial measures required pursuant to this paragraph.
5.1 Hydrology
The hydrologic success criterion is defined in section 4.1.
In order to determine if the criteria is achieved, two (2) manual and one (1) automated
groundwater-monitoring station will be installed at the mitigation site and monitored
year-round.
Ground water monitoring stations will follow the USACE standard methods found in
WRP Technical Notes ERDC TN-WRAP-00-02, July 2000.
In order to determine if the rainfall is normal for the given year, rainfall amounts will be
tallied using data obtained from the Greenville 2, NC3638 WETS Station.
5.2 Vegetation
The vegetation success criteria is defined in Section 4.2.
Successful restoration of the vegetation on a wetland mitigation site is dependent upon
hydrologic restoration, active planting of preferred canopy species, and volunteer
regeneration of the native plant community.
In order to determine if the criteria are achieved, 0.1 acre vegetation-monitoring stations
will be installed on 2% of the restoration site, for a total of 4 vegetation monitoring
stations. Vegetation monitoring will occur in the spring after leaf-out has occurred.
Individual plot data for woody species will be provided. Permanent plots for the sampling
of planted species shall be randomly located in each of the target communities. The
enumeration of the density of planted species will equal the number of remaining stems
in the plot divided by the plot area (in acres). Individual seedlings will be marked such
that they can be found in succeeding monitoring years. Mortality will be determined from
the difference between the previous year's living planted seedlings and the current year's
living planted seedlings.
Alexander Wetland Mitigation Plan 5-3 EBX / Buck Engineering
6 Reference Wetland
The target wetland system for the Alexander mitigation site is a "non-riverine wet
hardwood forest" (See Section 3.4, Vegetation Plan). At one time, these types of wetland
systems may have comprised more than one quarter of the swamp-lands in the coastal
plain of North Carolina (Schafale and Weakley, 1990). However, these wetland
communities are easily drained and make excellent farmland. Therefore, reference sites
that are an "exact match" for the target wetland system are very difficult to locate. Every
effort has been made to identify a reference site that will accurately reflect the hydrology
of the target wetland system.
The reference site search was based on soils associations, landscape position, natural
hydrology, proximity to the mitigation site and existing data. The Alexander site is
dominated by the Lumbee soil series, which are found within the Johns-Kenansville-
Lumbee associations (NRCS, 1980). After reviewing approximately ten potential sites in
the project vicinity, an existing wetland area adjacent to the project site along the
southern boundary was selected as the "best" hydrologic reference site for the Alexander
Mitigation Plan (see Figure 1.1 for location of the reference site in relation to the
mitigation site). Evaluation of reference wetland sites was conducted by WNRC during
July 2002.
6.1 Reference Site Selection
Hydrology, soils, vegetation and landscape position were evaluated to determine the
suitability of potential reference wetland sites. To be suitable a site has to be dominated
by soils that are found in the same or similar landscape position (topographical and
spatial) as those found on the mitigation site. Additionally, the reference site needs to
have the same approximate natural hydrology as the targeted mitigation site. The
reference site needs to be available for monitoring for the same duration as the
mitigation site and should be in relatively close proximity to the mitigation site.
6.2 Hydrology
The proposed reference site was traversed for the purpose of identifying those areas that
have reference "natural" hydrology similar to the target wetland type. The target wetland
would be saturated for moderate duration, with moderate being defined as approximately
9% of the growing season (see Section 3.3). Existing wetlands on the reference site
exhibit a dominance of wetland species on hydric soils that have both primary and
secondary indicators of hydrology (1987 Wetland Delineation Manual). Field indicators
of hydrology (1987 Wetland Delineation Manual) were characterized and catalogued for
the wetland area (see Appendix 4).
A groundwater monitoring station was established within the proposed reference site
during July 2002. The station was installed to the standards identified in Section 5.1 of
the Mitigation Plan.
Alexander Wetland Mitigation Plan 6-1 EBX / Buck Engineering
6.3 Soils
Soils from the reference site were generally characterized to ensure that they are
representative of the soils found on the mitigation site. The reference site is characterized
primarily by Lumbee soils, which are poorly drained soils typically found on uplands and
stream terraces. This is the same soil series that is found on the mitigation site.
Permeability is moderate, and the NRCS anticipated un-drained seasonal high water table
is at or near the soil surface. Soil conditions were documented and forms are presented in
Appendix 4.
6.4 Vegetation
The presence and dominance of hydrophytic vegetation was documented during onsite
evaluations. The canopy and sub-canopy are dominated by hydrophytic species. Specific
species documented during onsite evaluations are presented in Appendix 4.
6.5 Landscape Position
The reference site is directly adjacent to the Alexander mitigation site, therefore
landscape position of the reference site and mitigation site are virtually the same.
Climactic conditions will be the same for both locations. In the NRCS Soil Survey for
Greene County, both locations are mapped as part of the same contuguous unit of
Lumbee soils.
Alexander Wetland Mitigation Plan 6-2 EBX / Buck Engineering
7 References
Evans, R. O. and R. W. Skaggs. 1985. Agricultural water management for Coastal Plain
soils. Published by the North Carolina Agricultural Extension Service. Paper AG-355.
Skaggs, R. W. 1980. DRAINMOD Reference Report: Methods for design and evaluation of
drainage-water management systems for soils with high water tables. U. S. Department of
Agriculture, Soil Conservation Service. 329 pp.
United States Army Corp of Engineers. 1987. Corp of Engineers Wetland Delineation
Manual. Technical Report Y-87-1. US Army Corp of Engineers, Waterways Experiment
Station.
United States Department of Agriculture, Natural Resources Conservation Service
(NRCS). 1980. Soil Survey of Greene County, North Carolina.
United States Department of Agriculture, Natural Resources Conservation Service
(NRCS), Soil Survey Division. 1995. Hydric Soils of North Carolina.
United States Department of Agriculture, Natural Resources Conservation Service (NRCS).
1997. Part 650, Chapter 19 of the NRCS Engineering Field Handbook: Hydrology Tools for
Wetland Determination.
van Beers, W. F. J. 1970. The auger-hole method: a field measurement of hydraulic
conductivity of soil below the water table. Rev. ed. ILRI Bulletin 1, Wageningen, 32 p.
Alexander Wetland Mitigation Plan 7-1 EBX / Buck Engineering
•
•
•
i
I•
•

October 9, 2000
NC Natural Heritage Program
NC Division of Parks and Recreation
Attn: Mr. Stephen Hall
1615 Mail Service Center
Raleigh, North Carolina 27699-1615
Re: ReqwA for Protected Species Rmew and Comment
Neu-Con Wetland Mitigation and Stream Restoration Sites
Dear Mr. Hall:
11e purpose of this letter is to request review and eoammed on arty possiMe bums that
ui& c mew with mqmd to *mificarit MWW re9ov-ocs &= wetland anNor Amain
restoration pt+ojeas conducted onthe attached sites ([ISGS site maps With Wwdwaft
property iii endosed).
The Neuron Wetland Witig-fim and Stream ResEormfioa Bank has been developed for
the pcapose of ptnviding ht4ind mitigation for uwmddable a edwid impacts. The barer
has been approved by the Army Cores of Fnmoas and vA result in the protection of up
to 1000 acres of our states valuable v d resmees in the &fild 8009apbic area of
the Nam River and Contentaea Creek. Wedand restorafwn sites were selected based on
their high probability to restom forested wetlands where they have ceased to exist
preservation sites were slated based on their functional value to contain and treat storm
Rows and their ecological value as exemplary wetland types.
The ` hurstot ; -Valentine, and 'Wooten" sites are cuurendy designated as preservation
sites. no quality bottom land hardwood Forests Uld cypM g"m swamps wiH be
proteded in perpetuity through a conservation easement. All of the sites have
demonstrable mdence of historic logging some 60 years ago- The protecOve easement
will allow these sites to once again achieve cfimax eommutities- Of note, the Wooten and
Valentine sites support Bald Cypress in excess of 10 feet in eimunferenoe above the
buttress. These sites arc strategiedily located adjacent to Contentrim Creels. the Neu se
River and the Trent River.
The'glantUmo , -caseyAkwiter", and `Webb" sites are slated for icstor'atioa
COY an of these properties support row arops and are designated as Prior Comncated
Wetlands through the Farm BE of 1996. These sites have been actively farmed since the
1960's on a retation of emu. soybeans, and cotton- The appliicaltios of defofiants has
resulted in little plant diversity in the regularly maiatauied ditches- Through our
discussions with fanners we have learned that the ditches are mowed to the ground level
v approximately once every 3 years and that the historic application of defoliants was
greater than it is today.
Conceptual mitigation plans call for the back-filling of agncuttural ditches for the purpose
of restoring historic wetland hydrology and native plant communities to attics where they
have ceased to e)dst. No mass W140ag Is proposed; are propose only minimal grading and
as such do not anticipate any conflict with any protected species.
All mitigation sites will be protected through a coihsavation ease MWL These easements
will not encompass any stmchmt's. The easancats on the pmsatvstioo sites will maintain
the current eoologiIA state of the zinc. pkase forward any eonoeptiW Protection
mechanisms or vcdxW germane to your expertise that you would lake for us to consider
as an amendment to the easement.
We believe that it is appropriate to reach a "No Effect" detmWaStion for each of the listed
species as no adverse impact wilt oc mr fivin the proposed restoration efforts. These
determinations are supported by the following facts specfic to each listed sgeaes in the
vicinity of the proposed mitigation sites:
Bald Eagle:
No nesting trees will be lost tmigh the restoration of fottists on
ag k uhural lands. No open water will be impacted by the proposed
prn1ect-
Red Cockaded Woodpecker.
No foraging er nesting habitat will be lost through the restoration of forests
oa agnmW, al lands. No forest writable for this species lies within portions
of theses properties that wM be protected through conservation a ts-
American Alligator.
Preservation sites are suitable habitat for this species. These habitats will
be maintained through the forthcoming conservation easements.
Sensitive Joint Vetch:
No specimens were observed during our review of the sites. Intensive
agronomic applications of pesticides and del'of ants has resulted in a
coninn.hy type that is tolerant to these chemicals.
We wish to obtain your concurrence that no impact assessment or additional studies are
needed. Your correspondence will be forwarded to the North Carolina Department of
Transportation for consideration as part of our due diligence for each miti0on site. Our
due diligence for the project wig consist of a site map, a description of the spears and its
preferred habitat, and a conclusion that there will be no effect on fedcmUy protected
`W species.
We thank you in advance for your timely response and cooperation. Please fed free to
contact us with any questions that you may have con= ft the Odent of site disturbance
associated with these prc4eds.
We have reviewed the fodaal Tat of Vocics for the cowdies in which the mitiption sites
fall; we kw Cmduded mmme species fivm our reviews. we are am=* evabratimg the
sites far fcdamUy pmteded species tb rmgh enoompassmg sufveys of the sites. We have
not oompkted ova rcvtews and will Pik our &KfuW wbm stvdes are °0mpded.
sincerely,
Chris Huysam
LIAWI
`•
Jen- EENR

NORTH CA MILINA DEPARTMENT OF
EI YMRONMENT AND NATURAL RESOURCES
DMSION OF PARKS AND RECREATION
November 13, 2000
Mr. Chris Huysman
Wetland and Natural Resource Consultants
720 South Main Ave.
Newton, NC 28658
PHILI P K. MCKN ELLY
Subject: Neu-con Wetland Mitigation and Stream Restoration Sites
Dear Mr. Huysman:
The Natural Heritage Program has no record of rare species at any of the indicated
sites. The reasons for determination of no effect on the four federally listed species
indicated seem appropriate. We encourage consideration, in addition, of effects on state
listed and rare species. Rare aquatic species (Neuse River waterdog Nedurus lewuu)
are known from the Neuse River adjacent to the Valentine Site and Wooten Site, and
from the Trent River downstream from the Marston Site. These species are likely to
benefit from any improvement in water quality resulting from wetland mitigation. No
rare terrestrial species are known on any of these sites or within a mile of them.
The Natural Heritage Program supports the use of preservation as a mitigation strategy
where relatively intact, natural wetland communities are present. We also support
having restoration sites contiguous to existing natural systems rather than isolated.
Several of the areas indicated appear to be good candidates. The Valentine Site adjoins
a Natural Heritage Priority Area known as Jolly Old Field Natural Area, known for
high quality natural communities. This site is not protected. The Marston and Wooten
sites also adjoin large floodplains with relatively intact forested wetlands.
Sincerely,
Michael P. Schafale
Natural Heritage Program
MPSImps
? KIM
1615 MAIL SERVICE CENTER. RALEIGH, NORTH CAROLINA 27699-1 61 5
PHONE [phone] FAX 919-71S-3085
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SOX RECYCLEWIO% POST-CONSUMER PAPER
Appendix 3:
DrainMod Input Files Used to Model
the Existing Condition and the Proposed
Restoration Practices of the Project Site
DRAINMOD.GEN File Used to Model the Existing Conditions of the Alexander Site
"' Job Title "'
EBX Alexander Site - Greene County
"' Printout and Input Control "'
3100 C:\DRAINMOD\outputs
"' Climate "'
1 C:\DRAINMOD\INPUTS\EBX-ALEXANDER\GREENVIL.RAI
1 C:\DRAINMOD\INPUTS\EBX-ALEXANDER\GREENVIL.TEM
1971 12001 12 3527 77 0
1.94 2.32 2.09 1.73 1.23 1.02 .89 .84 .95 1.07 1.23 1.38
- Drainage System Design
1 .00
106.00 129.55 12000.00 1.00 2.50 .50 6.34 20.00
0 2.000000E-02 10000.000000
0 145.000000 1.000000 1.000000 E-03
0 12.000000 160.000000 3000.000000 2.000000
200.00 .50 .00
1120 1120 1120 1120 1120 1120 1120 1120 1120 1120 1120 1120
"' Soils "•
240.00 10.00
10. 4.00 45. 6.00 70. 7.00140. 9.00 300. 9.00
99 .00
"• Trafficability,
"
4 1 51 820 3.9 1.2 2.0
12321232 820 3.9 1.2 2.0
Crop' '
.190
410 818 30.00
410 818
11
1 1 3.00 416 3.00 5 4 4.00 51715.00 61 25.00 620 30.00 718 30.00 820 20.00
924 10.00 925 3.001231 3.00
•'• Wastewater Irrigation
0 1110 16
00 00 00 00
7.00000 1.00000 .40 .40 .40 .40 .40 .40 .40 .40 .40 .40 .40 .40
WET''' Wetlands Information -
1
75 317
30.0 12
COM "' Combo Drainage Weir Settings '
000 .0
000 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
000 .0
000 .0
0 0 0 .0
0 0 0 .0
000 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
000 .0
000 .0
000 .0
000 .0
000 .0
000 .0
000 .0
FPE •" Fixed Avg Daily PET for the month(cm)
1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
MRA Monthly Ranking "
0
FAC Daily PET Factors
0
STM Soil Temperature
ZA ZB TKA TKB TB TLAG TSNOW TMELT CDEG CICE
.000 .000 .000 .000 .0 .0 .0 .0 .0 .0
Initial Soil Temperature
0
Initial snow depth(m) & density(kg/m3)
.00 .00
Freezing characteristic curve
0
DRAINMOD.SIN File Used to Model the Existing Conditions of the Alexander Site
Based on Portsmouth soil series
2418
.3655000 .0
.3535000 -1.0
.3410000 -3.0
.3325000 -10.0
.3270000 -20.0
.3205000 -30.0
.3155000 -40.0
.3105000 -50.0
.3035000 -70.0
.3000000 -80.0
.2930000 -100.0
.2825000 -150.0
.2740000 -200.0
.2650000 -250.0
.2555000 -300.0
.2450000 -350.0
.2330000 -400.0
.2200000 -450.0
.2085000 -500.0
.1900000 -600.0
.1790000 -700.0
.1675000 -900.0
.1650000 -1000.0
.1500000 -1500.0
.0000 .0000 .8000
10.0000 .0858 .3000
20.0000 .2080 .1000
30.0000 .4280 .0500
40.0000 .6004 .0120
50.0000 .9295 .0080
60.0000 1.7000 .0050
80.0000 2.5244 .0030
100.0000 3.5624 .0000
120.0000 4.5505 .0000
140.0000 6.0340 .0000
160.0000 6.3131 .0000
180.0000 7.5069 .0000
200.0000 9.8179 .0000
220.0000 11.1522 .0000
240.0000 13.4866 .0000
250.0000 18.6537 .0000
1000.0000 100.0000 .0000
6
.00 .00 .00
50.00 1.20 .75
100.00 6.50 1.20
150.00 10.00 1.50
200.00 12.00 1.50
500.00 15.00 1.50
DRAINMOD GEN File Used to Model the Restoration Design - Center of the Site
*** Job Title ***
EBX Alexander Site - Greene County
.** Printout and input Control ***
3 100 C:\DRAINMOD\outputs
*** Climate ***
1 C:\DRAINMOD\INPUTS\EBX-ALEXANDER\GREENVIL.RAI
1 C:\DRAINMOD\INPUTS\EBX-ALEXANDER\GREENVIL.TEM
1971 1 2001 12 3527 77 0
1.94 2.32 2.09 1.73 1.23 1.02 .89 .84 .95 1.07 1.23 1.38
*** Drainage System Design ***
1 .00
10.00 195.92 9000.00 4.00 2.50 2.00 2.77 20.00
0 2.000000E-02 10000.000000
0 145.000000 1.000000 1.000000E-03
0 12.000000 160.000000 3000.000000 2.000000
200.00 .50 .00
1120 1120 1120 1120 1120 1120 1120 1120 1120 1120 1120 1120
**" soils **
240.00 4.00
10. 4.00 45. 6.00 70. 7.00 140. 9.00 300. 9.00
99 .00
*** Trafficability ***
4 1 5 1 820 3.9 1.2 2.0
12321232 820 3.9 1.2 2.0
* Crop **
.190
410 818 30.00
410 818
11
1 1 3.00 416 3.00 5 4 4.00 517 15.00 6 1 25.00 620 30.00 718 30.00 820 20.00
924 10.00 925 3.001231 3.00
*** Wastewater Irrigation ***
0 1 1 10 1 6
00 00 00 00
7.00000 1.00000 .40 .40 .40 .40 .40 .40 .40 .40 .40 .40 .40 .40
WET *** Wetlands Information ***
1
75 317
30.0 30
COM *** Combo Drainage Weir Settings ***
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
FPE *** Fixed Avg Daily PET for the month(cm) ***
1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
MRA *** Monthly Ranking ***
0
FAC *** Daily PET Factors ***
0
STM *** Soil Temperature ***
ZA ZB TKA TKB TB TLAG TSNOW TMELT CDEG CICE
.000 .000 .000 .000 .0 .0 .0 .0 .0 .0
Initial Soil Temperature
0
Initial snow depth(m) S density(kg/m3)
.00 .00
Freezing characteristic curve
0
DRAINMOD GEN File Used to Model the Restoration Design - Middle of the Site
*** Job Title ***
EBX Alexander Site - Greene County
*** Printout and Input Control ***
3 100 C:\DRAINMOD\outputs
*** Climate ***
1 C:\DRAINMOD\INPUTS\EBX-ALEXANDER\GREENVIL.RAI
1 C:\DRAINMOD\INPUTS\EBX-ALEXANDER\GREENVIL.TEM .
1971 1 2001 12 3527 77 0
1.94 2.32 2.09 1.73 1.23 1.02 .89 .84 .95 1.07 1.23 1.38
*** Drainage System Design ***
1 .00
25.00 192.19 12000.00 2.00 2.50 1.50 4.90 20.00
0 2.000000E-02 10000.000000
0 145.000000 1.000000 1.000000E-03
0 12.000000 160.000000 3000.000000 2.000000
200.00 .50 .00
1120 1120 1120 1120 1120 1120 1120 1120 1120 1120 1120 1120
**• soils **
240.00 4.00
10. 4.00 45. 6.00 70. 7.00 140. 9.00 300. 9.00
99 .00
*** Trafficability ***
4 1 5 1 820 3.9 1.2 2.0
12321232 820 3.9 1.2 2.0
** Crop **
.190
410 818 30.00
410 818
11
1 1 3.00 416 3.00 5 4 4.00 517 15.00 6 1 25.00 620 30.00 718 30.00 820 20.00
924 10.00 925 3.001231 3.00
*** Wastewater Irrigation ***
0 1 1 10 1 6
0 0 0 0 0 0 0 0
7.00000. 1.00000 .40 .40 d0 .40 .40 .40 .40 .40 .40 .40 .40 .40
WET *** Wetlands Information ***
1
75 317
30.0 23
COM *** Combo Drainage Weir Settings ***
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .o
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
FPE *** Fixed Avg Daily PET for the month(cm) ***
1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
MRA *** Monthly Ranking ***
0
FAC *** Daily PET Factors ***
0
STM *** Soil Temperature ***
ZA ZB TKA TKB TB TLAG TSNOW TMELT CDEG CICE
.000 .000 .000 .000 .0 .0 .0 .0 .0 .0
Initial Soil Temperature
0
Initial snow depth(m) & density(kg/m3)
.00 .00
Freezing characteristic curve
0
DRAINMOD GEN File Used to Model the Restoration Design - Outer Edge of the Site
Job Title ***
EBX Alexander Site - Greene County
*** Printout and Input Control ***
3 100 C:\DRAINMOD\outputs
*** Climate *'*
1 C:\DRAINMOD\INPUTS\EBX-ALEXANDER\GREENVIL.RAI
1 C:\DRAINMOD\INPUTS\EBX-ALEXANDER\GREENVIL.TEM
1971 1 2001 12 3527 77 0
1.94 2.32 2.09 1.73 1.23 1.02 .89 .84 .95 1.07 1.23 1.38
*** Drainage System Design ***
1 .00
40.00 184.20 15000.00 1.50 2.50 1.00 5.93 20.00
0 2.000000E-02 10000.000000
0 145.000000 1.000000 1.000000E-03
0 12.000000 160.000000 3000.000000 2.000000
200.00 .50 .00
1120 1120 1120 1120 1120 1120 1120 1120 1120 1120 1120 1120
*** Soils ***
240.00 4.00
10. 4.00 45. 6.00 70. 7.00 140. 9.00 300. 9.00
99 .00
*** Trafficability *"*
4 1 5 1 820 3.9 1.2 2.0
12321232 820 3.9 1.2 2.0
** Crop •*
.190
410 818 30.00
410 818
11
1 1 3.00 416 3.00 5 4 4.00 517 15.00 6 1 25.00 620 30.00 718 30.00 820 20.00
924 10.00 925 3.001231 3.00
*** Wastewater Irrigation **•
0 1 1 10 1 6
00 00 00 00
7.00000 1.00000 .40 .40 .40 .40 .40 .40 .40 .40 .40 .40 .40 .40
WET *** Wetlands Information ***
1
75 317
30.0 17
COM *** Combo Drainage Weir Settings ***
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
PPE *** Fixed Avg Daily PET for the month(cm) '**
1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
MRA *** Monthly Ranking
0
FAC *** Daily PET Factors ***
0
STM *** Soil Temperature ***
ZA ZB TKA TRB TB TLAG TSNOW TMELT CDEG CICE
.000 .000 .000 .000 .0 .0 .0 .0 .0 .0
Initial Soil Temperature
0
Initial snow depth(m) & density(kg/m3)
.00 .00
Freezing characteristic curve
0
Appendix 4:
Reference Wetland Evaluation Forms
provided by Wetland and Natural Resource Consultants, Inc.
Delineation Performed by: Wetland and Natural Resource Consultants, Inc.
PO Box 224
Newton, NC 28658
Phone: [phone] Fax: [phone]
WETLAND DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: ALEXANDER REFERENCE SITE Date: JULY 17, 2002
Applicant/Owner: EBX County: GREENE COUNTY
Investigator: YELVERTON, HUYSMAN State: NORTH CAROLINA
Do normal circumstances exist on the site? Yes Community ID: Wetland Hardwood Forest
Is the site significantly disturbed? No Transect ID: Wetland Sampling Point
(Atypical situation)
Is the area a potential problem area? No Plot ID:
(If needed, explain on reverse.)
VEGETATION
1. Diospyros virginiana tree FAC 9. Smilax rotundifolia shrub FAC
2. Liquidamber styrac. tree FAC+ 10. Parthenocissus quin. shrub FAC
3. Quercus Nigra tree FAC 11.
4. Acer rubrum tree FAC 12.
5. Myrica cerifera shrub FAC+ 13.
6. Clethra alnifolia shrub FACW 14.
7. Symplocis tinctoria shrub FAC 15.
8. Arundinaria gigantea shrub FACW 16.
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 100 %
Remarks:

HYDROLOGY
Recorded Data (describe in remarks)
Stream, Lake or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth of Surface Water: (in.)
Depth to Free Water in Pit: (in.)
Depth to Saturated Soil: _35_ (in.)
Wetland Hvdrologv Indicators:
Primarv Indicators:
Inundated
Saturated in Upper 12 Inches
Water Marks
X Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators: (2 or more required)
X_ Oxidized Root Channels in
Upper 12 Inches
X Water-Stained Leaves
X Local Soil Survey Data
FAC Neutral Test
Other (explain in remarks)
Remarks: Groundwater is extremely low due to drought conditions. Investigators best professional
judgement is that hydrology is met during normal years.
Map Unit Name
(Series and Phase): Lumbee Drainage Class: poorly drained
Field Observations:
Taxonomy (Subgroup): Typic Ochraquults Confirm Mapped Type? Yes, Greene County Soil Survey
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
ins.) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc.
0-11 A 10YR 4/2 Sandy Loam
11-30 B 1 1OYR 4/1 Sandy clay loam
30+ B2 10YR 5/1 Coarse sandy clay loam
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soil
_X_ Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime _X_ Listed on Local Hydric Soils List
Reducing Conditions _X_ Listed on National Hydric Soils List
_X_ Gleyed or Low-Chroma Colors Other (explain in remarks)
Remarks:
Wetland Determination
(yes or no)
Hydrophytic Vegetation Present? YES
Wetland Hydrology Present? YES
Hydric Soils Present? YES
Is This Sampling Point Within a Wetland? YES
Remarks:
Appendix 5:
Hydrologic Unit Code Service Area Map
a?
a?
c
co
x
m
Q

conditions constituting such breach. If the breach remains uncured after thirty (30) days, Grantee
may exercise any or all, or none, of the following remedies:
1 _ Institute one or more suits to enjoin any breach or enforce any covenant by
temporary and/or permanent injunctions either prohibitive or mandatory
and/or to recover any damages from injury to any conservation or open
space value protected by the Conservation Easement, including damages
for the loss of scenic, aesthetic, historic or environmental values, and
attorneys fees if Grantee prevails; and
2. Require that the Property be restored promptly to the condition required
by this Agreement.
B. Grantee has the right, but not the obligation, to prevent any activity on or use of
the Property that is inconsistent with the purposes of the Conservation Easement and this
Agreement. Grantee's remedies shall be cumulative and shall be in addition to any other rights
and remedies available to Grantee at law or equity. If Grantee, in its sole discretion, determines
that circumstances require immediate action to prevent or mitigate significant damage to the
conservation or open space value of the Property, Grantee may pursue its remedies without prior
notice to Grantor, but shall exercise reasonable efforts to notify Grantor.
C. No failure on the part of Grantee to enforce any covenant, condition or provision
hereof shall discharge or invalidate such covenant, condition or provision, or any other covenant,
condition or provision hereof or affect the right of Grantee to enforce the same in the event of a
subsequent breach or default.
D. Nothing contained in this Agreement shall be construed to entitle Grantee to bring
any action against Grantor for any injury or change in the Property resulting from causes beyond
Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third
parties, except Grantor's lessees, contractors, agents, representatives, licensees 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.
E. It is agreed by the parties hereto that the covenants, conditions, terms and
restrictions contained herein shall be binding upon the parties, their respective personal
representatives, heirs, executors, successors and assigns and shall continue as a servitude running
in perpetuity with the Property. It is expressly understood and agreed that Grantee shall have the
absolute right, from time to time, to assign, sell, transfer or encumber its right, title and interest
in, to and under this Agreement, the Conservation Easement and/or the Property., in whole or in
part, as to all or part of the Property, to any person or entity without the consent of Grantor. As
an alternative to an assignment, sale or transfer by Grantee of its right, title and interest in, to and
under this Agreement, the Conservation Easement and/or the Property, in whole or in part, as to
all or a part of the Property, to any person or entity (individually, a "New Grantee" and
collectively, the "New Grantees"), Grantor agrees that it shall, upon written request by Grantee,
grant to one or more New Grantees designated by Grantee in such written request, a new
conservation easement on the same terms and conditions set forth herein, with respect to all or
any portion of the Property (as designated by Grantee in the aforementioned written request), and
upon the recordation of any such new conservation easement in the appropriate public records,

this Agreement and the Conservation Easement herein granted shall be terminated with respect
to so much of the Property as is subjected to such new conservation easement.
ARTICLE VII.
PUBLIC ACCESS
The granting, making and imposition of the Conservation Easement as herein provided
does not convey to the public the right to enter the Property for any purpose whatsoever.
ARTICLE VIII.
EXHIBIT, DOCUMENTATION AND TITLE
A. Legal Description. Exhibit A, identifying the Property, is attached hereto and
made a part hereof by reference.
B. Plans. Grantee has submitted and/or may hereafter from time to time submit to
one or more Governmental Authorities one or more plans intended to enhance, restore, preserve
and protect the conservation and open space values of all or any part of the Property and the
natural character of all or any part of the Property. Upon written request by Grantee, Grantor
shall execute and deliver such applications and other documents and take such other actions as
Grantee may reasonably require in connection with Grantee's efforts to obtain approval of any
such plan by the applicable Governmental Authorities. All such plans now or approved by any
applicable Governmental Authority are herein referred to individually as a "Plan" and
collectively as the "Plans." Grantor acknowledges that any Plan attached hereto and made a part
hereof as Exhibit B accurately establishes the uses, and conservation and open space values and
condition of the Property, or so much thereof as is specified therein, as of the date hereof With
respect to any Plan hereafter approved by any Governmental Authority, Grantor and Grantee
shall execute, deliver and cause to be recorded in the appropriate public records a supplement to
this Agreement that sets forth such Plan in its entirety and adds such Plan to Exhibit B hereto,
and the execution of any such supplement by Grantor shall constitute an acknowledgement by
Grantor that the Plan referred to therein accurately establishes the uses, and conservation and
open space values and condition of the Property, or so much thereof as is specified therein, as of
the date thereof Exhibit B. if any, attached to this Agreement as of the date hereof is made a
part hereof by reference. Any Exhibit B attached to any supplement to this Agreement that is
recorded as provided above, shall be made a part of this Agreement by reference.
C. Title. Grantor covenants and represents that Grantor is the sole owner of and is
seized of the Property in fee simple and has the right to grant, make, declare and impose the
Conservation Easement; and that the Property is free and clear of any and all encumbrances,
except easements, leases, restrictions, rights of way, if any, and government regulations of
record.
BAL101:456792w1IG2596 DOO2p8%2MI 6
ARTICLE IX.
MISCELLANEOUS
A. Subsequent Transfers. Grantor, for itself and its personal representatives, heirs,
executors, successors and assigns regarding the Property, further declares that the Conservation
Easement and the other covenants, conditions, restrictions, limitations and agreements set forth
herein shall run with the land comprising the Property and be binding thereon, without the
necessity of making specific reference to this Agreement or the Conservation Easement in any
subsequent lease, deed, or other legal instrument by which any interest in the Property is
conveyed.
B. Conservation Purpose.
1. Grantor, for itself and its personal representatives, heirs, executors,
successors and assigns, declares that the Conservation Easement is
established exclusively for conservation purposes, as defined in 26
U.S.C. Section 170(h)(4)(A).
2. Grantor declares that the terms of this Agreement and the 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 written approval of the
Grantee.
C. Construction of Terms. This Agreement and the Conservation Easement
shall be construed to promote the purposes of the enabling statute of the jurisdiction in
which the Property is located, which authorizes the creation of conservation easements for
purposes including the conservation purposes of the Conservation Easement, including
such purposes as are defined in 26 U.S.C. Section 170(h)(4)(A).
D. Recording. Grantee or Grantor may record this instrument and any amendment or
supplement hereto or any assignment of Grantee's rights hereunder or thereunder in the
applicable public records of the jurisdiction in which the Property is located, and Grantee or
Grantor may re-record this instrument and any amendment or supplement hereto or any
assignment of Grantee's rights hereunder or thereunder at any time as may be required to
preserve its rights under this Agreement.
E. Hazardous Waste. The Grantor covenants and represents that, to the best of
Grantor's knowledge, no hazardous substance or hazardous or toxic waste exists nor has been
generated, treated, stored, used, disposed of, or deposited in or on the Property.
F. Notices. Any notices given under this Agreement shall be in writing and shall be
delivered by depositing same in the U.S. Mail, certified, return receipt requested, postage prepaid
and addressed to the parties as set forth above, or to such other addresses any such party may
establish in writing to the others, pursuant to this notice provision.
G. Amendments. This Agreement may be amended only by a writing, signed by
Grantor and Grantee, and any such amendment(s) shall be effective upon recording of such
writing in the applicable public records of the jurisdiction in which the Property is located.
s,L,o,:4%792v,
H. Severability. Should any part, term or provision of this Agreement be declared by
any tribunal of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity
and enforceability of the remaining parts, terms or provisions shall not be affected thereby, and
said illegal, unenforceable, or invalid part, term or provision shall be deemed not to be a part of
this Agreement.
1. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the jurisdiction in which the Property is located.
J. Headings. The headings contained in this Agreement are for reference purposes
only and shall not affect the meaning or interpretation hereof.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns forever. The covenants
agreed to and the terms, conditions, restrictions and purposes imposed as aforesaid shall be
binding upon Grantor, Grantor's personal representatives, heirs, executors, successors and
assigns, and shall continue as a servitude in perpetuity with the Property.
IN WITNESS WHEREOF, the Grantor and Grantee hereto have set their hands and seals
and caused these presents to be executed in their respective names by authority duly given, and,
to the extent required, their corporate seal affixed, the day and year above first written.
GRANTOR:
By:
GRANTEE:
By:
[ADD NOTARY ACKNOWLEDGEMENTS AND ANY OTHER
FORMALITIES REQUIRED BY LAW TO PERMIT RECORDING].
BALT01:456792v t IG159fi000002PBVM1
THE AMERICAN INSTITUTE OF ARCHITECTS

Bond #53SB103291475
AIA Document A3i2
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party Shan be considered plural where applicable
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
EBX-Meuse I, LLC Travelers Casualty & Surety Company of America
10055 Red Run Blvd, Suite 130 Hartford, Connecticut 06183-9062
Owings Mills, MD 21117
O%VNER (dame and Address):
North Carolina Department of Transportation
Room 462 Transportation Building
P 0 Box 25201
Raleigh, NC 27611
CONSTRJCTION CONTRACT
Date:
Amount: $6,742,296.00
--ption (Name and Location): Neu-Con Mitigation Project - Performance Agreement
with North Carolina Department of Transportation
BOND
Date (Not earlier than Construction Contract Date): October 5, 2000
Amount: $6,742,296-00
Modifications to this Bond: ® None 0 See Page 3
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seat)
EBX-Reuse I, LLC
Signature:
Name and Tit e
(Any additional signatures appear on page 3)
SURETY
Company: (Corporate Sea()
Travelers Casualty & Surety Company of America
Signature: c?c
Name andTitle:Alex G. oddey, Atto -in-Fact
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE tArchitect, Engineer or
BB&T Givens & Williams Insurnace Services other party):
3975 Fair Ridge Drive, #110
Fairfax, VA 22033
Phone: [phone]
MA DOCUM(Nr A312 - PERFORMANC( SoNo ANC) PAYMENT BOND -DECEMBER 1984 W. - AIA ?
THE AM(RICMt iN$TITUTE OF ARCHITECTS. 1735 NEW VCHM AVE.. N.W._ WASHINGTON. O.C. 70006
7141RD PR/NT*JC - MARCH 1981 A312-79$4 7
I The Contractor and the 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
try reference-
2 If the Contractor performs the Construction Contract.
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1-
3 tf 'there is no owner Default, the Surerfs obligation
under this Bond shaft arise alter:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph it below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and dw Surety to be
held riot later than fifteen days after receipt of such
notice to discuss methods of performing the Constn+c-
tion Contract. if the Owner, the Contractor and the
Surety agree. the Contractor shag be allowed a reason-
able time to perform the Construction Contract. but
such an agreement shag not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Defa * and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shag not be de-
dared earlier than twenty days after the Cartractorand
the Surety have received notice as provided in Sub-
paragraph 3.1: and
3.3 The Owner has agreed to pay the Bala..-Ke of the
Contract Price to the Surety in accordance with the
terms of the ?,nstmction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3. :he Surety shaC prompt -v and at the Su:eWs ex
pensse take one of the foltowcng acttor•_s:
4.1 Arrange for the Contractor, with consent of the
Owner. to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through inde-
pendent contractors; or
43 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
stnrttion Contract. arrange for a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Ownees concurrence. to be secured
with performance and payment bonds execirted by a
qualified surety equivalent to the bonds issued an the
Construction Contract. and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from The Contractor's default. or
4.4 Waive its right to perform and complete. arrange
for completion. or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation. determine the amount for
which it may be liable to the Owner and. as
soon as practicable after she amount is deter-
mined, tender payment therefor tor. the
Owner, or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
S If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness. the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional mitten 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 to Subparagraph 4.4, and the owner refuses the
payment tendered or the Stwety has denied liability, in
whole or in part, without further notice the Owner shalt be
erauded to enforce any rernedy availWe to the Owner.
6 After the Owner has terminated the CorKractor's right
to complete the Construction Contract and if the Surety
elects to act under Subparagraph 4-1, 42. or 43 above.
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsiibilities of the
Owner to the Surety shall not be greater than those of ire
Owner under the Construction Contract. To the limit of the
amount of this Bond. but subject to cor:,mitmer t by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract. the Sure-
ty is obligated without duplication for.
f,l The responsibilities of the Contractor for correc-
tion o(defectivework and completion of the Construc-
tion Contract;
r.2 Additional legal- design professional and delay
costs resulting from the Contractor's Default, and.re-
solting from the actions or failure to act of the Surety
under Paragraph 4; and
63 ucryidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam-
ages caused by delayed performance or non-perfor-
mance of the Contractor-
7 The Surety shalt not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Con-
struction Contract, and the Balance of the Contract Price
shall not be reduced or set off on account of any such
unretated obligations. No Fight of action shag accrue on
this send to any person or entity other than the Owner or
its heirs, executors. administrators or Successors-
s The Surety herebywaives notice of any change. includ-
ing changes of fine, to the Construction Contract of to
related subcontracts, purchase orders and other obliga-
tions.
10 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 shat/ be instituted within two years after Contractor
Default or within two years after the Contractor ceased
working or within two years after the Surety refuses or tail
to perform its obligations under this Bond. whichever oc-
curs first- if the provisions of this Paragraph are void or
prohibited by taw, the minimum period of limitation avait-
Am DOCVMMT A312 - PERFORMANCE BONO AND PAYMENT BONO - DECEMBER 1954 EO. - Au &
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W.. WASHINGTON, D.C. I000b A312-1984 Z
THIRD PRINTING - MARCH 1967
We to sureties as a defense in the jurisdiction of the suit
shall be appikabte.
19 Notice to the Surety, the Owneror the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11 When this Bond has been tumished to comply with a
statutory or other legal requirement in the McatiOn where
the construction was to be performed. any provision in this
Bond conflicting with said statutory or $egsl neyuirennrernt
dull be deemed deleted herefrom and provisioms cott-
forming to Rich statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond-
12 DEFINITIONS
t2-i Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper ac4ustments
have been made. including allovrrmce to the Con-
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor of any amounts received or to be received by
the Owner in settlernent of insurance or other claims
for damages to which the Contractor is entitled, re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
tL2 ConstnutionContract:Theaweementbetween
the Owner and the Contractor identified on the sig.
nature page. inducrmg all Contract Documents and
changes thereto-
U3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived. to per-
form or otherwise to comply with the terms of the
Construction Contract.
tL4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to par the Con-
tactor as required by the Constru c i" Contract or to
perform and complete or comply with the other terms
thereof-
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Sean Company: (Corporate Seat)
Signature:
Name and Title:
Address:
Signature:
Name and Title:
Address:
AIA DOCUMENT A312 - PERFORMANCE BONO AND PAYMENT BOND - DECEMBER 1%4 ED. - AIA
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.- N.W., WASHINGTON, D.C. 20006 A312-19$4 3
THIRD PRINTING - MARCH 19417
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Coasectieat 06183-9062
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
Naperville, Ihtinois 60563-8458
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PREUNTS, THAT'TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA TRAVELERS CASUALTY AND SURETY COMPANY and FARDM TON CASUALTY COMPANY,
coapaations duly uqpnized mtdec the laws of the State of Counectiat and having thew principal offices in the City of Hartford,
County of Hartford. State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a
corporation duly organised under the laws of the State of llhwis, acid having its principal office in the City of NapmvW Camty of
DdIM State of Illinois, (beamfler the "Cow' bath made, comb Died and qpohmd, and do by these presorts make.
constitute and Vpomt Patrick A. Givemis, Sidney H. WNa=6 III, Ernest DeCaud, Jr., Philip A_ Cdclongk Jr., Alex G.
Roddey or Dorothy J. Outlaw * *
of Fairfax, VA, ffim true and lawful Attorneys}in-Fact, with full power and a ftM hereby cor&rred to sign, execute and
adm micdm at arty place within the United States, or, if the following line be fMod is within the area there designated
the following instrument(s):
by his/her sole signature and ad, any and au bonds, r=gz = nces, couttacts of indernuity. and other writings obligatory m the
nature of a bond. recognizance. or ems l un ng and any and all consents incident dmm
and to bind the Companies, thereby as fully and to the same extent u if the tame were signed by the duly authorized officers
of the Companies, and all the acts of said Attorney(s)-in FAM pursuant to the authority herein given, are hereby ratified and
c onfinned.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
011D: Mot the Cha mumn. the hv6dent. any Vice Chinn nM tmy Ewcative Vice President, may Senior ViecPtesident, any Vice President, nay
Second Vice Pa mknt, the Tiesst» my A.cminat?rcawser; tie Cogmmec Saaetary ac any Assigaut Sammy may appoint Ada Fact
and Agents to act for and on bchdf of ac coagmy and may give ama h appoi dee smrh mewdty as Lis or bw Certificate of authority may presto-be
to sign with the Camry's mane and seal with the Uom mny's seal bonds, retegakances. of ioodxmit3, and odwr writings obligatory in
the m Am of a bond, recagmhmmoe, or vanditiaml =m1crb snag, mad any of said officers or the Hoard of Directors at a" time may mnove any such
appoiatx and revoke the power given hum or her.
VOM: Tl a Ste Chairmen, the President. any Vice Chaumaa, any Executive Vice President any Senior Vice President or any Vice President
may delegate all or any past of the foregoing autharity to one or mote officers or employees of this Company, provided that each such delegation is
in vm ing and a copy fi=eof is filed m the office of the Scact ary.
VOTED- That my band, mega hmac y commad of imdmanrlr, or meriting obligatory in the usI of a board. rerwgnasace. or conditional
uadatak vg sball be valid and bid upon the Campmy rtben (a) sigmed by the Presidena, may Vice (hminnm, any F--m- X tim We President. may
Senior We President or any Vice President, army Second Vice PozWk t, the Treasor>a? any Assistant Ttessam the Corporate Seetettay or any
Assis>ant Seerebry and daily aged mod scaled with the Onmpasy's seal by a Seaatmy orAssit aut Seereaaty, at (b) duly executed (under seah, if
reap by one err moue Amonm rs-inrFnd and Agmis pomomat to tie power presented in his or her aadificde or their cer i5acates of angwrity or
by toe or mare Caropeny o6iars puasoant to a written delegation of adhodly_
This Power of Attorney mad Certifise2te of AvIbmity is signed and sealed by facsiemile under and by mutherity of the following
Stance Rembtiou voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARNZ4GPON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLMOIS, which Itesoludem now in fall force and dvect:
VOIID: That 1hc sigoatme of each of the fo&rxing officers President. nary Famaelre Viet: President nary Senior Vice Ptewdent, any Vwc
President, say Assstatt V-v= Pre6kat, asy Sceafty, mq Assastad Seaeto , and ffie seal of the OamI I may be aWmwd by to-le to m7
pDVAT Of MdMnq OF tu nary MbfiCae relatatg tbefftb app=dmg Resident toe Pmidmta. ReadestAmstant Seachnes or Atior q"*-Fed for
purposes only ofemesating amd ance0ng bonds sad underb&ings and other waitiags obiiDtAxy in the aatstee dw=E and my such power of adamey
or cubfrcale baring smh fimimile sieustre or 1fsi m& seal shall be did and bimdmg upon the C nVany and any sscb power so executed and
-tihed by spelt fatsiemlC sagmah ma anti fu=me seal shall be vabd and binding upon the Compamy m the fuhae with raped to any bond or
-xirJt dd g to which it is atta?
(9-97)
iN wnNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
i ASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND
SURETY COMPANY OF U12401S have caused this instrument to be signed by their Senior Vice President, and their corporate
seals to be hereto affixed this 21st day of September, IM.
STATE OF CONNECTICUT TRAVT1ZRS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SiIIt>iTY COMPANY
} SS. Hartford FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
r s or s' ? + ??4+
? ? t i ssz srK
CM Ell
Senior Vlore President
On this 21st day of September, 1999 before me personalty came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say_ that helshe is Senior We President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY 2nd
TRAVELERS CASUALTY AND SURETY COMPANY OF HJJNOI.S, the corporations desenbcd in and which executed the
above instrument; that helshe knows the seals of said corpontions; that the seals aM=d to the said instc meat are such corporate
seals, and that belshe executed the said instrument on behalf of the corporations by authority of his/her office under the Standing
Resolutions thereof
e' My ammussion es June 30.2001 Notary Public
Made C. Tebeault
CERTIFICATE
1, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State Of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF UJMOIS, stock corporation of the
State of Illinois, DO IIEREHY CERTIFY that the foregoing and attached Power cf Attorm and Certificate of Authority remains m
fuii force and has not been revoked; and fiudmmm. that the Standing Resolutions of the Boards of Directors, as set forth in the
Ceoificate of Authority, ar AM- .. in form - - - = z ---
Signed and Sealed at the Hone Office, of the Company, in the City ofHartford, State of Connecticut. Dated this 5th day of
October . 2000.
ppgp? a 1MFpFptR < 11112 Stx e BY
co?r Z 7an ? g + an 1'

Brian Holffrn=
Assfsburt Secretary, Bond
General Agreement TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
_ Hartford, Connecticut 06183
- Of Indemnity _
-(his Geneva! Agreement of I nderrmly CAgreemenn is entered into by the undersigned findenudtorl and Travelers Casualty and
Surety Company of America rCCmpany ), witrmsseft
VOIEREAS. lo the trar4action of business, certain Bonds have herebfore been and may hereafter be required by. for. or on behalf of
the khdemnitor or any one or more of the parties included in the designation indemiAw- Application has been made and will hereafter
be made to the Company to execute such Bonds. As a prerequisits to the execution of such Bonds. the Company requires complete
indemnification.
NOW, TMEREFOM as an inducement to the Company and in consideration of One execution and delivery by the Company of one or
more Bonds. and for other good and valuable w asideradom be Indemnilors do. for Owns* es. their heirs, ezearbrs. adminisWors
and assigns, Jointly and seMally agree varah Me Company as bODWx
1_ oafinnk= 'Bornf Any and all conbacbu d obigaions vehich have been or vA be urhdertakett by 11ae Company on behalf of or
at Ore request of khdemiftr, induduaq rserheaals and adensions. VoropoW Travelers (mitt/ and Surely Company of
America, b affiliated companies, successors. assigns. Pam and subssdaries whether now existing or broed hereafter.
,I demdW Any &w6 at combination of any or all of the ah95, or individuals set forth below 'Corporate We nraitwe are
defined as the entity roamed bebw and Vw succesmx% assignor. s t badiari M parents. afi2t M partnerships. W venUm. or
as co-venturer wits others whedwr over eoosirg err braiad hem0w. -Coar4r W Am agreenwa of to bmkmnbx for vrtddt the
Company owcules a Bond. pies a Bond. or fans g Pte- 'Dea#auH' Any of the foffowma shaft condlhste a
Default (a) a won of Corstrid defmult by the atsigee or endly for whom a Conbract is pedormed< (b) acWW breach at
atrandormer a ut any Contrary (c) a breach of any prwWw of Vb Agreement; (d) faal m b make payment of a propoly due and
owing bi in eovavrectiiort w1h any Conliac; (e) One esta>>ld mmtl by the Company in good farlft of a reserve; (t) Impiopw dveaion
of Contract funds or kWmwd or assets b the detriment of Contract abligalions; (9) any brderrsnlor becomes fie subject of any
precea g or agmerneist of banbuOW. mceevaship. aasolrmatct?. cmdior assillivnent. or actually becomes insolvent (h)
badawWr does. becomes tegaly incompetent. is'snpiisoned, is eoavncled of a felony, or disappears and carrraot be located: (I) any
reptesealation funrished to the Company by or on behalf of the kuieiraitor proves b have loam matey false or misleading
when made.
2 Pwpm t of Premiums The k>dernnior shat pall b the ConWary al prerniunas for every Bond exetxuled and all renewals and
extensum thereof. and the ConVazny is aged anal hay rid In wriling front each such Bad.
3. khdwadieatiat aid Holt Haraa>lesw The iradatmior nd%A exonerab-, ehdemrnify and save the Company h s from
against every claim. loss. darnme. demaM, i?ty, cos k clorget, suf. judgment, altom w& fee, and a pmw which Ow y_ idacurs in oonseelnterhoe of having med. ux p move d &a exemAon of such Bonds. Expense kndendes the cost of proaulog or
altamp&S to Vw" release from liability. or is bringing suR to o*w ce This Agreement agalast any trxiemnhor.
_ ?,t (.'faun sottimawt: The Company shat have to right, in is sole cscsrelion. to a for itself had the kader rvbr whether any
dm or suit brought against the Counpany or the kRU niter upon any such Bond shall be paid, compromised. seed. defended
or appealed. and as decision shag be b&K% g and oonc akft upon One IrKhM N. Arc ite ntled slaUanhent thereof sworn b by are
GM Of tie vwjdw Of PaVnmt shait be p*m fade evidox-ce of the plopolely and existence of
==-_ of to Company or a
employee
be enliled b for arty and all payments grade by d under tae beief K was
knderrnriiorsiability. TheCompany
-_- - ?
necessary or expert to make such payments.
5 Collateral Sectu W hwemnlnr agrees to pay the may. upon demand, an anoint sndbcient b w any dam or
demand. made agaklst the CompwV on any Bout i dwrwa x fiwdw agrees to pay the (ompay, upon demand. an amount
equal to the value of innprope dy diverted ktdemrnitor assets or Coreka t Fads. These axes may be used by the Conpany b pay
such claim or be held by the GborpwW as aAdwaf sooty Ogg" any loss. dain% lift or prerniurn on any Band The
Company shat have no duty b Invest, or provide ite:rest ern 1118 deposit
ti. Remodrew In the event of a Defaulk kdmmdw 0909ns. convey% and transfers to the Company all of the d* is and interest
gmwi 1g in any manner out of the Contracts and assigns alt rMK rifle, and interest of all of lr denw"s plant, bols. veahicim
rnachinvy. equpmewd and try. io be ermctive as of On dale of such Conte. In addiliwa, in the everd of a Defadt the
Company shat Have a right at its sole &=etion to:
(a) Take possession of the work under any Contract and to camp said Contract, or cause, or consent to the completion
thereat
(b) Tale possession of Ole inderanitoes equipment, tools. may. materials. vehicim office equQxnent. books. records.
documents, and supplies at the site of the work or elsewhere and utilize therm for the completion of One work under the
Cm6ads withoid thayrnent for such use:
(C) Assert or prosecute any right or claim in the name of the IndemUtDr and to settle any such right or claim as the Company
sees fit;
Page : of 5
5-5007 (11-97)
(d) Execute in the name of the Indennitor any instruments deemed necessary or desirable by the Company to: (a)provide the
Company with title to assets. (b)take immecM possession of Contract funds whether earned or unearned, (c)collect such
sums as may be due Indemnitor and to endorse in the name of the tndemnftor. and (d)collect on any negotiable instruments:
(e) Take possession of the Indemnrlor's rights, We and interest in and to al Contracts, subcontracts let and Insurance policies in
connection therewith;
(t) Be subrogated to all the rights, remedies. properties, funds. searrities and receivables of the lademnitor on said Contract or
any other contract of tndemnitor and have the right to offset losses on any Contract or Bond against proceeds, funds, or
property due from another contract or Bond.
7. Joint and Several LIabifity: The obdgatlons of each Indemnitor hereunder are joint and several. The Company is authorized to
setae with any one or more of the Indemnitors irx8viduaily. and without reference to the others, and such settlement stmt not bar
or prejudice actions against or affect the liability of the others.
8 Decline Execution: The Company has the right to refuse to provide any Bond, including first Bonds where the Company
provided a bid bond, without iru:urrkhg any liability whaboever to ktdermitor_
9. nest Ford: AN payments due. mcdn d for or our acauiat of any Contract shall be held In bust as trust finds by Indermitor for
the benefit and payment of all obigadons for which ft ConVay as beneficiary may be liable under any Bond Issued by tlhe
company Company may open a trust account or accounts with a bark for ere deposit of the trust fords. . Upon demand,
hh r slue deposit therein al trust funds received. Withdrawals from such trust accounts shall require the express consent
of the Company.
10. Books, Records and Creutrt» Indam n'lor shag furnish. and the Company shaft have the right ID free access at reasonable truces
m an the books, records. documents. and accounts of Indernnrhor for the purpose of examinmg and copying them. Indermilor
expressly authorizes Cerny access to its credit records for wxWwntkv purposes as well as, upon the establishment of a
reserve, debt collection.
11. Attorney in Fact Indemnitor constitutes, appoints and designates the Company as their attomey in fad with the right, but not the
obligation, tD exercise ad rights of the Indemnhor assigned or Wanted to the Company and to execute and deliver any ottim
assignments or documents deemed necessary by the Company to exercise its rights under this Agreement m the name of the
indemnitor.
iZ Security Interest: As security. Me Irdenurt a hereby grants ID Company a security interest in all of ifs equipment, machinery.
vehicles. tools. and material, as well as stuns due or to become due in aorauection with any contract This Agreement shad
constitute a Seamly Agreement and a Financing Staknnent for fire benefit of the Company in accordance with the UroTorm
Commercial CDde and at similar stahdm and may be flied by th Company w0 out notice to perfect the security i dwed granted
herein. The Company may add schedules or other documents to this Agreement as necessary. The security Intet are
effectlve as of the date of each Contract for that Contract.
13. Termination- Tits is a eorduaring Agreementwhidh rerrains in fill force and effect u W terminated- The sole medwd available to
an indmvftr to temhmate its participation in fits Agreement Is by giving wt+een noeoe to the Cornpany of ft Indemrdtor's intent
to terminate. The 'Termination DaW shall be 30 days aler to Company receives such notice- The obligation and liability of the
particular Inds vwW giving such notice shall be limited tD Bonds famished before the Termination Date.
14. Other Suretim.- if the Company procures the execution of Bonds by otw sureties, executes Bonds with cosureties or obtains
reinsurance, the provisi m of this Agreement boa to the benefit of such other surety, cosmety or reinsunn.
15. Nature of Rights: I any provision or portion of this Agreement shall be unerdaceabie, this Agmemient shag not be void. but shad
be construed and enforced with the same effect as though such provision or portion were omitted- Assent or refcuel tD assent to
changes m any Contract or Bond by the Comperry sired not affect the obfigatlorhs of the hrdernnibr to the Company. The
Companys rights under this Agreement are in addition to ail other rights of the Company however derived. The rights and
renuedies afforded to the Cornpany by the terns of this Agreement can rimy be modfied by a rider in waiting b this Agreement
signed by an autlhorized rye of the CarnpaW. H any Indemnitor farts to execute or improperly executes this Agreement
such failure stray not affect the obligations of any Indernitor. The failure to sign or the improper execution of a Bond shall not
affect the Company's rights under this Agreement
16. Addendum 1 attached regarding Limited Individual Indemnity Rider.
WE "AVE READ THIS INDEMNITY AGREEMENT CAREFULLY. THERE ARE NO SEPARATE AGREEMENTS OR
UNDERSTANDINGS WHICH IN ANY WAY LESSEN OUR OBLIGATIONS AS ABOVE SET FORTH.
IN TESTIMONY HEREOF, the Indemnitors have hereunto set their hands and fixed their seals this day
of
5-5007 (11-97) Page 2 of 5
WPORTANT- 1. PRINT OR TYPE NAMES UNDER EACtt SXMTUW-
2- EACH INOEMNfTOR'S SIGNATURE MIDST BE AGED BY A NOTARY WHO IS NOT AN EMPLOYEE OR
FAMILY MEMBER OF AN
3. EACH PERSONAL INDEMNITOR MUST PROVIDE A RESK)INTIAL ADDRESS AND SOCIAL. SECURITY NUMBER AND
EACH CORPORATION tlXCIANITOR MUST PROVIDE AN ADS AND TELEPHONE NUMBER.
a coRPoRATKM MUST BE ATTESTED TO BY A DULY AUTHORIZED CORPORATE OFFICER_
• CORPORATE or PARTNERSHIP INDEMNITORS
Narne G U
And Title
Adler i?
And Title C Et
Attest - •/?'• ,
NOW
And We
Attest
P"
Nam
And Tide
(Seal)
Print name -N USE. I L.LC
OMce#Partner's Georp W. Key
Name
Tllb
Phone # and Address
Member
"M Red Run Blvd. Sufte 130.OWV Mills. MD
21117.4880
P Do= 6 E=hnvg%UJG
p Yids GeoW W. Kegy
Name
Title
Member
Phone 0 end Address 10065 Red Run Md.. Su1te 130. Owings Mid. MD
2111748W
O -

PMvt Perry ULC
Oncerf lwkwft Eb J. Pew,. M
?i
le
Tt?a
Phone # aad Address 518 Plam Bad~ Kersfam NC 28503
By (Stud)
Print Perr^ kw-
OMoedPariner's ElyI Pe"-WA.
"us
X- s4
+
Timm a
Mrs ee
P hone # and Address 518 Plain Boulevard. tCrtstorr, NC 28503
Seat)
Attest
Print Print CWVNW Name
Name Oi6tedParlaer's
And Tide Name
Title
Phone # and Address
INDIVIDUAL INDENINITORS (Induding Sole Proprietorships)
Aft0t
PikA
Name
Atleet
Print
Name
Attest
Print
Name
5-5007 01-917
By
PrWd Name
SS #
Address
By
Print Name
SS #
Address
B
Print Name
Page 3 of 5
SS I
Address
Attest
Print (Name
Print
tame ss s
Address
Attest BY
Print Name
Print
tame SS #
Address
BY
Attest Print Name
Flrint
f4arne SS #
Address
actatowttn , county of t ? r Orr tuts Iq 4-n day at
Starve of _ persortaly lcrtouRri or
afore me petsorraN appeared to tae all that hekto
the 4
* tha
pn1mm boo me to tie to person whose nine is sub= bed to the herein acknowledged
executed the same In hisAtar a ffieri¢ed rsi?r, and that by hls&a siw? oe the extbty upon t>ef of v+hich
on parsmi acrAxt tsnent-
and f1dal
vlf?ness onr -
si // Seat
si
staile of 20 •.v . County of Z&tV49,rj, on this Z--7' day of
!in the ano y - before no pe a3? to nre211 ? heJ?she
prown to me b be the person whose mate is subscdbed io histru uut the ir>sttrrrriattt the etibly r behalf of whtictt
execiled to same in hfidW Sind capacity. and duct by hislher side on
am person ac*4 Witness my hand executed instrument. sed
Seal
_ X Of
state of - County of iYl?itb on uhf ?7t tc n
in the year,&_eP •. befi?xa an personally J - N to me m* or
f>e/she
proven to me b be ft person whose acme is sa?fied p the M the nsfnad tha to m We behalf of which
exebAed the same in hisffw at fumed capacity. and that by hisIm sWmgxe
the person aged. owcued Be IriStirprtent- rte, ? ? ?/.'.cL?? . }? /7 O,i
Witness my haand bat seal
5ea1
State of . county of , On this day of
krtannt or
In the year . before ate perimmy appeared b me pemonallY
that known 21 proym to me to be the person whose name is subscribed to the nstrurrmd herein and admoa d
executed the state n hnshw a dmAzed capacity. and that by t mRW sig mxe on the LIrS>rlMrm* to enIky upon beha f of which
"person acted, executed fie mstnnnenL
Witness my hand and official seal
i_
Seal
S4nadue
of
State of Cmty of------- On this day
. before me p tf posomMy known of
in the year appeared
mW acknowledged to no all that hddw
proven to rite to be the person whose narrre is subscribed to the ia?rurrtent ttendri the irtstnuttuecrt the eu?t upon behalf of which
executed ttm same in WSAW capacity. and nit by frisem si9cr emo
the person ailed, executed the irWhinvent
Wdness my hard and official seal
Seal
signature
Page 4 of 5
$.5007 (47-97)
State of County of - On this day of
In the year . before me pe? w personally known or
proem to me to be the person whose nam is vAmbed to the instmnent herein and acknowledged to no al friar hefshe
exearted the same in Now mghorked may. and the! by hk Arer stnabwe on the instrument the erMy, upon b" df which
the person acted, executed the inshument.
Witness my hand and official seal
Signature Seal
State of . Cdnnty of , On this day of
in the year . before me personally appeared personally known or
proven b me b be the person whose narne is 0e1 b the ktdnnmett herein and "miedged to me afi that Ihdshe
exeamed the shame in hmihBr aulhorized capacity, and that by bbftw signakm on the inshurnerl the enirdy upon behalf of which
the person acted. executed the instrument.
Witness my hand and official seal
Signature Seal
Page 5 of 5
S-5M7 (11-97)
Hoed .53$6103291474
PEFORMANCE BOND
KNOW ALL lei BY'i73E.SE pRIrSIIM, that a?a; E6X-Meuse I, LLC , as Principal. ail
TRAVELERS CASUALTY AND SURETY COMPANY OF AMEMCA, licensed to do busiaw in the Static
of Connecticut, as Surety, aa* heed sod rawly bound onto North Carolina
Department of trans oration (Obligee), is the
pawl sm aff Three Hundred Seventeen Thousand, ree un red Thirty Four &
(S 317,334.00 ) DolhM hnvM moon( ofths United State of Ametua, for the psyamt of vAkh sum,
well aid truly to be made; tba him*al and Sway do bind *cffmaves, their hci m aerators, avstsators,
and s=cmou and an gns, joaaitly and seretauy, firmly by time pn mts.
THE COMMON OF THIS OBLIGATION IS SUCK that whesms the above bamdeu Principal has =Zcmd
=to a cerm= vx*m Coa h2a wab the above mood Obligee; effccbm the - day of
and tam4inxft do day of for
Neu-Con Mitigation Project - Monitoring Agreement with North Carolina
Department of Transportation amd cx= guy
alaaeribaad in said Connack a copy of whiob b suacbod, which Agmcwcct is suede a part ha vof and
mcorporawd lade by refem accept that nadting said therein shall aloe(, .=W M expand or adtawae
modify the tam of the bond as sat out below.
NOW, T ORS:, if Principal, its excmd rs, admiontrmtors, soccassars and assigns sbag praxaoptly and
faitld* paafaumm the CoDUact, sccuming to dw ttarma, stiPubtions or conditions do .4 then this obfigWon
shall beooma mull and void, O& av&e to rMaib in M force and cdiiL 'T'his bond is etcec utW by the Surety
sad aacccpted by the Obligee subject to die fWb*ft aqua cm&axxc
Nawitbst uft the pr &im of the Contract; the term of this bond sbaff apply from Apri 1 I .
2000. meta December 31 2007 , =d „may be d by the Surety by CortiuuWon Catificatm
Nowaavcr, nafthw nmourcmwal by do Sun% non- the faarRm or inpWity of the Principal to f ile a rephumeat
bond in the avtaat of nowcnvwal, shall itself coo iIn a loss to do o t ee rec memble tinder this bound or any
mac mal or cm vkaadw thereof. The rmbi y of tba, Swety under this bond and aff won as rtificates
is^mod lit coomcdon therewith sball not be cmaubtive atd shall in m event exceed the awm att as set font in
this bay W or in any additions, ridws, or cndormaaft pwWp y isstrod by tba Sura2y as sW mnents dmao.
Sealed with oar seals and elated this 5thday of October . 2000
(W+)
(Meese)
EBX-Meuse I, LLC
(Pal) (Seal)
41- ifik
• r fry)
T Casual mdSurety CaompawyofAmerica
Alex G. R' dey, ( 4a-Faux)
Ag wd and admawkdgc d dais _ day of
S-5025 (1199)
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
TRAVELERS CASUALTY AND SURETY COMPANY OF ILIINOIS
Naperville. Illinois 605634458
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of CAS and having their piutt?pal offers in the City of Hartford,
County of Hartford. Static of G lm and M&VEFJ= CASUALTY AND SURETY COMANY OF HLINOLS, a
corporation duly organized wider the laws of the State of lllimis. and boxing its principal office in the (Sty of ftwdlle; Cmaty of
DugaM State of 11linok (bereinafta the `ConpsgW) hash made. constituted and appointed, and do by these presents make.
constem and appouit Paitnck A. Givens, Sidney H. VrManns, M Ernest DeCaud, Jr, Philip A. C gds, Jr., Alex Q
Roddey or Dorothy J. Outlaw'
of 11kirfaY, VA, their true amdlavifal Attorneys)-in-Fact, with fall power and authority hereby conferred to sign, =cutc and
aekmowledge, at any &= within the United States, or, if the following line be tilled in, within the aria there designated
the following insttmamt(s):
by his/her sok signature and act, any and all bonds, recogei Lances, contracts of indemnity, and other writings obligatory in the
aim= of a bard, recognizaaoe, or conditional undertaking and any and all coaomis incident thereto
and to bind the Companies, thereby as folly and to the same extent as if the time were signed by the duly authorized officers
of the Companies, and all the acts of said Attorney(s)-iii-Fact, pursuant to the authority be do given, are hereby ratified-and
confirmed.
This appointment is made under and by authority of the iDnowing Standing Resolutions of said CAmpames, which Resolutions arc
now in full force and effect:
r
VOTED, That the Giro== the President, any Vwe Chnamsft, goy Bwcubm Vice President, any Senior Vice Presidenk nay Vice President. any
Second Vice President, the Trowner, any Assistant Treasurer. the CoMonde Secretary or any Amstam Secretary may appout Attomeys-mn as
and Agents to ad for and on behalf of the e y and may give sash appointee such authority as his or her catificate of and writy may prescribe
to sign with the Company's naahe and sell with the Company's sed bonds, reoo, contracts of indemnity, and other writings obligatory in
the native of a bond, zeeognizaaroc. orconditional nadafaidn& and nay of said officers or the Board of Diroctors at any time may remove any such
appoW= and revoke the: power given him or her.
VOTM That the Chau=an, the President, any Viet Chwumm, soy Ei ecutim Vice Pnxident, any Senior Vice President or any Vice President
may delegate all of my part of the foregoing authority to me or more offcas or employees of this Company, provided that each such delegation is
in writing and a copy thereof is 5lod in the offim of die Secretary.
VOTE :11. That any bond. reoogmance, contract of mdenmity, or vdft ablkptmy is the: nee of a bead. nook or dal
vdextakiog shall be valid and bb diet upoa the Company whah(a) signed by the Pmide vk any Vice Chasm. any Fxmcative Pace Pmideat, any
Senior Vice President or goy Vice Yresidesk any Second We Prssidemt, the Tteasoaes; any Anislmt Treasurer, the Corporate Secretary or any
Assistant Seestny and duly au ested and sealed wiih eke Compmy's seal by a Semetay or Assistant Serxetaq. or (b) duly eee ceded (under seal, if
rerphired) by are or more Atmrney34n-Fact and Agmb pursoaet In the pager psescrilhed in his or her outiScate or their onti6exees of avffiovity or
by one or mace company of== pursuant to a written delegation of authority.
Tbis Power eaf Attorney and Certificate of Authority is jilp" sued scaled by faeeime harder and by authority of the following
Standing Rmktien voted by the Besals of Dhvctars eaf TMVELERS CASUALTY A" SURETY COMPANY OF
AN MCA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMIIIGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF H IMOK which Resolution is now in fall force and effect:
VOTED. TW the sic I of each of tic ierllOW4 otBoas P=Sideat, any Emocutivc We Psesdeat, my Swiw Vine Presided. MY Vice
Pnside nt, nary Ann t d Vice President, my Secrete my Assatnt Secretary, and•tbe seal ofthe CompuW may be aftwd by 6esWale to any
puvnr of atmrney or to any cobfieaft reladme thrseio appouotimg Resident Vice PrevdcoM Residesd Assistant Seatethum err AMMMY m-Fad for
pmpo= only of oaea g and aucAm bonds and undeatadmp' ,s and adier v iti W obtigdwy an dw nature: thereat: and my sadh power of a tiamey
,r certificate bearing such fimsk ile sigaatarc or bcshade seat stall be valid and biadug mpoa de Campmy and nary sods paver so c=coted and
:tified by such merle s*natwe and fame seal shall be valid and bia ft upon the Company in the faoae weth respect to any bomd or
andertaking to which it is attached
(S-9'7)
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY, FARMMGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND
SURETY COMPANY OF ILLINOIS have caused this im mment to be signed by their Senior Vice President, and their corporate
seals to be hereto affixed this 21st day of September, 1999.
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
}SS. Hartford FARIWGTON CASUALTY COMPANY
COUNTY OF HARTFORD TRAWLERS CASUALTY AND SURETY COMPANY OF UJffl01S
.0,4000;0,4?
3 ' iunaOiR < Ilt;2 Sell
cow o° • >?•
D
L -4 • ,'f''r '? • '?' _` -j0' *C Geo"Ju W Thompson
Senior Vice Preskbmt
On this 21st day of September. 1999 before me pemnAY came GEORGE W. THOMPSON to me known. Who, bang by = d*
sworn, did depose and say: that hefshe is Senior Vue PresWnt a( RAVELIMS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COk1GIPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF HJM01S. the coeporatiew desc ibed in and vrhidt eaecnted the
above instrument; that Wsbe knows the seals of said corporations; that the seals aThed to the said kwument are such corpor ite
seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing
Resolutiam thereof
MW" C.
My corw*siot, opm Jow 3Q, 2001 Notary Public
Muria C. TelmauR
is
CERTIFICATE
b the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock WrP013tiOnS of
the State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILIMOIS, stock corporation of the
State of Illinois; DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in
full force and has not been revoked; and furthermore, that the Standing Resohitions of the Boards of Directors. as set forth in the
Certificate of Authority, are now in fD=.
Signed and Seated at the Home Office of the Company, in the City of Hartford, state of Connecticut. Dated this 5th day of
October 12000 .
Wanes. S a O Ii/ti2 gym' $ B
ai? wow
?` ?' *?`f ',t`ip' y • ?,`? d?

Brian Ho9hun
ASSista Se etary, Bored
Jul 29 02 12:49p BLACK OAK - EBX 410-356-0464 p.4
ORIGINAL
JENNIE M. ALEXANDER
(SAME AS JENNIE MWRY PARKER)
and husband,
JIMMY ALEXANDER
TO
EBX Neuse I, LL(;
D E E D
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NOW of Deed, Gana' 4?-
ELY J. PERRY 0896-1968)
WARREN S. PERRY
DAN E. PERRY
BARBARA S. PERRY
JAMES S. PERRY
{ /ELIZABETH PERRY WORTHINGTON
Y
?oZ 41 ATTORNEY5 AT LAW
(- r-1 KiNSTON. NC ? ? C? oo
JUL ezi Ue ie:9riP bL.NUK UNK - trig
Book Paqe
052 0267
GREENE COUNTY NC 01%09!2001
$120.00
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Excise Tax
YIU-J,b-U4b`t P.a
Filed for --V-4ba on do q
day of r hJ 20 ?Y ai /Z' O *Od(
in Bode NaPage__ .? l0 7
dtil
Re&r of Deeds, Gfeene Do"
Recording Time, Book and Page
Tax Lot No. .............._......._..............._ ...... __..._........... ........... Parcel Identifier No............... .......... ................ .........
.
Verified by ...... .... ....... _.... ............. ................... ..._... County on. the ..._......... day of............................................... ._......, 19 ..........
by ..... ..................... .. ..... .. .._....... . _ ................... ......... ..._ ..... ........ ........ .......... .... ................. ............................. ........................
Mail after recording to .Dan..E. ...28.50.3-1475.
.................................................................................................................... .... ..-........... .............. .......-................................. ............................
This instrument was prepared by .... Dan...E.-Terry..... Attorney .................................................
Brief description for the Index
27.70 Acres, Olds Townshi
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this 9th day of ..January, .20.01 ...... ... )LI -..__ , by and between
GRANTOR GRANTEE
JENNIE M. ALEXANDER (being the same as EEX Neuse I, LLC
Jennie Murphy Parker)
and husband,
S. RUDOLPH ALEXANDER
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.q. corporation or partnership.
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.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of hand situated in the City of ........... ......., .....41.ds ..._. Township,
Greene.. . . County, North Carolina and more particularly described as follows:
BEING all that parcel of land consisting of 27.70 acres, more or
less, as depicted on a Survey entitled "SURVEY FOR E.B.X. NEUSE 1,
L.L.C. OF THE ALEXANDER TRACT" prepared by The East Group, Anthony
J. Hamm, Professional Land Surveyor L-3754, dated January 3 2001,
which survey is recorded in Plat Cabinet 26 Page
Greene County Registry, and is incorporated herein for a more
perfect description by metes and bounds. It being the same
property described in Will of. Herbert E. Murphy in Estate File
Number 72 E 20 in the Greene County Clerk's Office.
IT IS SPECIFICALLY UNDERSTOOD AND AGREED BY THE GRANTEE HEREIN THAT
NO TOBACCO ALLOTMENT WILL BE INCLUDED IN THIS CONVEYANCE.
KC- Bar Assoc Form No. 3 v 1976, Revisrd a 1977
-- t.. A,..m,,,wx fh ma N r, R., A>;aociation -1981.. Law Printim Co.. po. Box 58693 . Raleigh, NC 27658-8693
Jul 29 02 12:49p BLRCK ORK - EBX 410-356-0464 P.6
Book Page
0529 0268
The property hereinabove described was acquired by Grantor by instrument recorded in .Will..in..File..No...... 2,.E..20.,
Greene..County._ C1..grk,?s,.Off.ice.r ............................... ........... ._..................................... ........... _........... ....... ..... ............................ ........
A map showing the above described property is recorded in Plat Book .......... __ ................... page.........................
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey
the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
All valid and enforceable easements, rights-of-way, and restrictions of record, if any,
and all 2000 ad valorem taxes.
IN WITNESS wHF,REOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its
authority of its Board of Directors, the day and year first
t
ffixed b
h
corporate name by its duly aut ereun
o a
y
horized officers and its seal to be
above written.
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___________________________ _____________________
ile M. Alexan er
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(Cor
porate Name)
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BY= __________________________ _________________________________ -----(SEAL)
S.`Mi olph A e an
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ATTEST: .? ------------------------------------------------------------- (SEAL)

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NORTH CAROLINA- __---- _ ------------------
_ y 1, a Notary Public of the County and State aforesaid, certify that __JRnni_e_M.__Lle_xand_er -and---
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personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness MY
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nd and official stamp or sea{
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My comm
SEAL-STAhIP
NORTH CAROLINA, --------------- . ---------------- County
1, a Notary Public of the County and State aforesaid, certify that --------------------- _____________________
m personally came before me this day and acknowledged that __._ he is --------------------------- Secretary of
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____________________ aNorth Carolina corporation, and that by authority duly
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^ given and as the act of the corporation, the foregoing instrument was signed in its name by Its ---------------
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o President, sealed with its corporate seal and attested by ___________ as its ___________________________ Secretary.
n'itness my hand and official stamp or sent, this _______day of ___________________________ IS_______-.
DIY commission expires:_______________________________________________________________________ Notary Public
The foregoing Certificate(s) Of -----°------ - --'---------- ---
------------ ------------------------------------------------------------------------------------------------ --------------------------------
is/are certified to be correct. This instrument and this certificate are duly registered at the date and Ume and in the Book and Page shown on the
first page hereof.
-W C7- c.C.. r -- COUNTY
?1/ "" // ?/ -REGISTER OF DEEDS FOn_______ G.F+N_Ft-----------------
__________________________.__ Deputy/Assistant-Register of needs
N.C.Bar Assoc. Form No. 3 0 1976, aertsed 0 1977
,. _._____...._...,,.. ai r o., a..,,„,.;.1;- - 1981.. Lora Priming Co. • P.O. Boa 58653 • Raelgh, KC 27668-8693
Jul 29 02 12:50p BLACK OAK - EBX 410-356-0464 p.7
To The Insured:
ENCLOSED IS YOUR OWNER'S POLICY OF TITLE INSURANCE; OR, AN ENDORSEMENT TO
THE POLICY PREVIOUSLY ISSUED TO YOU.
The policy and all endorsements provide valuable title protection on the property which is
described in Schedule A. YOU SHOULD KEEP THE POLICY AND ALL ENDORSEMENTS IN A
SAFE PLACE.
Investors Title Insurance Company is a publicly held North Carolina corporation, and we are
dedicated to providing title protection for those who acquire real estate or loan money on real
estate.
THANK YOU FOR GIVING INVESTORS TITLE THE OPPORTUNITY TO PROVIDE THIS
COVERAGE.
Sincerely,
W. Morris Fine
President
Form No. 123, Rev. 6197
Jul 29 02 12:50p BLACK OAK - EBX 410-356-0464 p.8
Investors Title Insurance Company
POLICE' OF TITLE INSURANCE
COINSURANCE CONTRACT
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, INVESTORS TITLE
INSURANCE COMPANY, a North Carolina corporation, herein called the Company, insures, as of Date of Policy
shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A,
sustained or incurred by the insured by reason of:
1- Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the fand,
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as
insured, but only to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, Investors Title Insurance Company has caused this Policy to be signed and
sealed, to be valid when Schedule A is countersigned by an authorized officer or agent of the Company.
``t?E 1? ?l1Rq?,?
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SEAL ?t
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Secretary
?x?vH LL"ti. ^c.
President
Form No. 109-92-J ALTA OWNER'S POLICY (10-17-92)
Jul 29 02 12:51P BLACK OAK - EHX 410-356-0464 p.9
CONDITIONS A ND STIPULATIONS
9. DEFINITt•Ofut?l= `d
The following terms when, used in this policy mean: any litigation to final determination by a court of competent jurisdiction and
(a)"insured"': the insured named in Schedule A, and, subject to any rights or judgment or the right, in its sole discretion, to appeal from any adverse
defenses the Company would have had against the named insured, those who
succeed to the interest of the named insured by op?eration of law as distinguished (d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of an
action or
roce
di
th
i

from purchase including, but not limited to, heirs, dtstributees, devisees, survivors,
personal representatives, next of kin, or corporate or fiduciary successors y
p
e
ng,
e
nsured shall secure to
the Company the right to so prosecute or provide defense in the action or
.
(b)"insured claimant': an insured claiming loss or damage.
(c)"knowledge" or "i;now
": actual knowledge
not constructive knowledge or proceeding, and all appeals therein, and permit the Company to use, at its option,
the name of the insured for this purpose. Whenever requested by the Company,
'
a
,
notice which may be impur„u to an insured by reason of the public records as
an
other record
hi
h i
d in this o
t
i the insured, at the Company
s expense, shall give the Company all reasonablai
(t) in any action or proceeding, securing evidence, obtaining witnesses
prosecutin

y
s w
c
mpar
constructive notice of
defile
l
land.
rs affecting ,
g
or defending the action or proceeding, or effecting settlement, and (it) in any other
(
the land described or referred to in Schedule A, and improvements
affixed thereto which by law constitute real property. The term "land" does not lawful act which in the opinion of the Company may be necessary or desirable to
establish the title to the estate or interest insured. the Company is prejudiced
include any property beyond the lines of the area described or referred to in
Schedule A
nor an
ri
ht
fide
i
t
t
t
t by the failure of the insured to furnish the he required cooperation, the Company's
obligations to the insured under the policy shall terminate
includin
an
liabilit
,
y
g
,
,
n
eres
, es
a
e or easement in abutting streets,
roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modi ,
g
y
y or
obligation defend, prosecute, or continue any litigation, with regard to the matter
or limit the extent to :which a right of access to and from the land is insured by this
policy. y or matters requiring such cooperation.
5. PROOF OF 1055 OR DAMAGE.
(o)"mortgage"; mortgage deed of trust, trust deed, or other security instrument.

"Public records": i
established
statutes
(f)
ollic fo
der s
ate
Date of Stipulations addition to and after the notices required under Section 3 of these Conditions

the Coman
and a
n
d
a
s
r
the
purpose of imparting
cord
notice
t
s
o
real
ro signed
nd sworn to by the i
sured
claimant
shall be
furn shed to
the Co panny
purchasers for value and without knowledge. With respect to Section
f (a)(iv) of the
Exclusions From Coverage, 'public records" shall also include environmental osst or damage, The proof of ossl or damage) shall describe thetdefiect IIn, ris to the
or lien or
protection liens filed in the records of the clerk of the United States district court for encumbrance on the title, or other matter insured against by this policy
t

the district in which the land is located.
rict in hick the land e,
he
constitutes the oasts of loss or damage and shaft state, to the extent possible, the
(g)
(g"
the title": an alleged or apparent matter affecting the title
to the land, not excluded o excepted from coverage
watch would entitle a
d
,
is
basis of calculating the amount of the loss or damage. If the Company is
prejudiced by the failure of the insured claimant to provide the required proof of loss
,
purchaser
41ne estate or interest described in Schedule to
of A be
released from the
obit ation to urchase b virtue of a contractual condition requiring the delivery of
g" p y or damage, the Company's obligations to the insured under the policy shall
inducting any liability obligation to defend, prosecute, or continue any

marketable title. litigation,
with regard to the matter or matters requiring such roof of loss or
•• p
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE d damage.
damage.
.
The coverage of this policy shall continue in force as of Date of Policy in favor of In addition, the insured claimant may reasonably be required to submit to
an insured only so long as the insured retains an estate or interest In the land
or examination under oath by any authorized representative of the Company and shall
,
holds an indebtedness secured by a purchase money mortgage given by a produce
examination, inspection and opyiing at such r s le times and
purchaser from the insured, or oly se long as the insured shall have liability by laas ma
designated by any
representative the
Company, e
y autho ize
e
k

reason of covenants of warrant, made by the insured in any transfer or conveyance r
cords, boo
s, ledgrs,
checks,
correspondence and
memoranda,
n
e

Of the estate or interest. This policy shall not continue in farce in favor of any bearing a date before
or after case of Policy, which reasonably pertain to the loss

purchaser from the insured of either (1) an estate or interest in the land, or (ii) an
indebtedness secured by a purchase money mortgage given to the insured, damage. Further, if requested by any authorized representative of the
or Company, the insured claimant shall its entat
grant permission, writing, for any
3. NOTICE OF CLAUM+I TO SE GIVEN BY INSURED CLAIRIAN Ti. authorized representative of the Company to examine, inspect and copy all
The insured shall notify the Company promptly in writing (I) in case of any records,
ooks, ledgers checks, correspondence and memoranda in the custody or
litigation as set forth in Section 6i(a) below, (ii) in case knowledge shall come to an ontrol of
c
a third party, reasonably pertain to the loss or damage. All
insured hereunder of any claim of title or interest which is adverse to the title to the information designated as confidential by the insured claimant provided to the
estate or interest, as insured, and which might cause loss or damage for which the
Company may be liable by virtue of this policy, or (iii) if title to the estate or interest Company pursuant to this Section shall not be disclosed to others unless, in the
reasonable judgment of the Company, it is necessary in the administration of the
,
as insured, ll rejected as unmarketable. If prompt notice shall not be given to the
Company, then as to the insured all liability of the Company shall terminate with claim. Failure of the insured claimant to submit for examination under oath,
produce other reasonably requested information or grant permission to secure
regard to the matter or matters for which prompt notice is required; provided, reasonably necessary information from third parties as required in this paragraph,
however, that failure to notify the Company shall in no case prejudice the rights of shall terminate any liability of the Company under this policy as to that claim.
any insured under this policy unless the Company shall be prejudiced by the failure 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
and then only to the extent of the prejudice. LIABILITY.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED in case of a claim under this policy, the Company shall have the following
CeAIM,ANT TO COOPERATE. additional options:
(a)Llpon written request by the insured and subject to the options contained in (a) To Pay or Tender Payment of the Amount of Insurance.
Section 6 of these Conditions and Stipulations, the Company, at its own cost and (t) To pay or tender payment of the amount of insurance under this policy
without unreasonable delay, shall provide for the defense of an insured in litigation together with any costs, attorneys fees and expenses incurred by the insured
in which any third party asserts a claim adverse to the title or interest as insured, claimant, which were authorized by the Company, up to the time of payment or
but only as to those stated causes of action alleging a defect, lien or encumbrance tender of payment and which the Company is obligated to pay,
or other matter insured against by this policy. The Company shall have the right to (ti) Upon the exercise by the Company of this option, all liability and
select counsel of its choice (subject to the right of the insured to object for obligations to the insured under this policy, other than to make the payment
reasonable cause) to represent the insured as to (hose stated causes of action and required, shall terminate, including any liability or obligation to defend, prosecute, or
shall not be liable for and will not pay the fees of any other counsel. The Company continue any litigation, and the policy shall be surrendered to the Company for
will not pay any fees, costs or expenses incurred by the insured in the defense of cancellation.
those causes of action which allege matters not insured against by this policy. (b) To Pay or Othenvise Settle With Parties Other than the Insured or
(b)The Company shall have the right, at its own cost, to institute and prosecute Witth the Insured Claimant.
any action or proceeding or to do any other act which in its opinion may be (I) to pay or otherwise settle with other parties for or in the name of an
newssary or desirable to esiablish the title to the estate or interest, as insured, or insured claimant any claim insured against under this policy, together with any
to prevent or reduce loss or damage to the insured. The Company may take any costs, attorneys' fees and expenses incurred by the insured claimant which were
appropriate action under the terms of this policy, whether or not h shall be liable authorized by the Company up to the time of payment and which the Company is
hereunder, and shall not thereby concede liability or waive any provision of this obligated to pay; or
policy. If the Company shall exercise its rights under this paragraph, it shall do so (ii) to pay or otherwise settle with the insured claimant the loss or damage
diligently, provided for under this policy, together with any costs, allomeys' fees and
(c)Rienever the Company shall have brought an action or interposed a defense expenses incurred by the insured claimant which were authorized by the Company
as required or permitted by the provisions of this policy, the Company may pursue up to the time of payment and which the Company is obligated to pay.
Conditions and Stipulations Contlnued Inside Cover
Jul LU U2 1p:53p
BLHUK UHK - EHX
41U-356-U464
INVESTORS TI-TL-9 INSURANCE COMPANY
A Stock Company
P.O. Drawer 2687
Chapel Hill, North Carolina 27515-2687
OWNER'S POLICY
OF TITLE INSURANCE
SCHEDULE A
Policy Number 200101960GV Policy Date 0110912001 Time 12:40.00 PM
Amount of insurance
1. Name of Insured EBX NEUSE I, LLC
2. The estate or interest in the land which is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in the Insured.
4. The land herein described is encumbered by the following mortgage and
assignments, if any:
N/A
and the mortgages, if any, shown in Schedule B hereof.
P. 10
S. The land referred to in this Policy is in the
State of NC County of GREENE
and described as follows:
BEING ALL THAT PARCEL OF LAND CONSISTING OF 27.70 ACRES, MORE OR LESS, AS
DEPICTED ON A SURVEY ENTITLED "SURVEY FOR E.B.X. NEUSE 1, L.L.C. OF THE
ALEXANDER TRACT" PREPARED BY THE EAST GROUP, ANTHONY J. HAMM, PROFESSIONAL
LAND SURVEYOR L-3754, DATED JANUARY 3, 2001, WHICH SURVEY IS RECORDED IN
PLAT CABINET 26, PAGE 81, GREENE COUNTY REGISTRY, AND IS INCORPORATED HEREIN
FOR A MORE PERFECT DESCRIPTION BY METES AND BOUNDS. IT BEING THE SAME
PROPERTY DESCRIBED IN WILL OF HERBERT E. MURPHY IN ESTATE FILE NUMBER 72 E
20 IN THE GREENE COUNTY CLERK'S OFFICE.
IT IS SPECIFICALLY UNDERSTOOD AND AGREED BY THE GRANTEE HEREIN THAT NO
TOBACCO ALLOTMENT WILL BE INCLUDED IN THIS CONVEYANCE.
SCHEDULE B
Issued through the Office of:
Investors Title Insurance Company
313 West Second St.
P.O. Drawer 7205
Greenville, NC 27835-7205
Tel. [phone] [phone]
Fax [phone] [phone]
A i
Authorized Countersignature
Page 1
Jul 29 02 12:53p BLACK OnK - EBX 410-356-0464 p.ll
INVESTORS TITLE INSURANCE COMPANY
A Stock Company
P.O. Drawer 2687
Chapel Hill, North Carolina 27515-2687
Policy No. 200101960GV
EXCEPTIONS FROPI COVERAGE
This Policy does not insure against loss or damage (and the Company will not pay
costs, attorneys, fees or expenses) which arise by reason of:
I. The lien of the security instrument reflected in Item 4, Schedule A, if any
be shown.
11. The dower, curtesy, homestead, community property, or other statutory
marital rights, if any, of the spouse of any individual insured.
III.
1. Taxes for the year 2001, and subsequent years, not yet due and payable.
2. Subject to matters shown on Plat Cabinet 26 , Slide 81.
3. Encroachments, overlaps, boundary line disputes, variations or shortages in
area or content, roads, streams, ways or easements or claims of easements, riparian
rights and title to filled in land, and any other matters which would be disclosed
by an accurate survey of the premises.
4. Subject to crop allotments withheld by grantor.
Page 2
Jul 29 02 12:53p BLACK OAK - EBX
CONDITIONS AND STI
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(i) or (ii); the Company's obligations to the insured under this policy
for the claimed loss or damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend, prosecute or continue any
litigation.
T. DE T iERMINA-a 10N, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or damage
sustained, or incurred by the insured claimant who has suffered loss or damage by
reason of matters insured against by this policy and only to the extent herein
described.
(a); he liability of the Company under this policy shall not exceed the least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ru) the difference between die value of the insured estate or interest as
insured and the value of the insured estate or inierest subject to the defect, lien or
encumbrance insured against by this policy.
(b)in the event the Amount or insurance stated in Schedule A at the Date of
Policy is less than 80 percent of the value of the insured estate or interest or the full
consideration paid for the land, whichever is less, or if subsequent to the Date of
Policy an improvement is erected on the land which increases the value of the
insured estate or interest by at least 20 percent over the Amount of Insurance
stated in Schedule A, then this Policy is subject to the following:
(i) where no subsequent improvement has been made, as to any partial loss,
the Company shall only pay the loss pro rata in the proportion that the amount of
insurance at Date of Policy bears to the total value of the insured estate or interest
at Gate of Policy; or
(ii) where a subsequent improvement has been made, as to any partial loss,
the Company shall only pay the loss pro rata in the proportion that 120 percent of
the Amount of Insurance slated in Schedule A bears to the sure of the Amount of
insurance stated in Schedule A and the amount expended for the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees and
expenses for which the Company is liable under this policy, and shall only apply to
that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount
of Insurance stated in Schedule A.
(c) i he Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT,
if the land described in Schedule A consists of two or more parcels which are not
used a s a single site, and a loss is established affecting one or more of the parcels
but not all, the loss shall be computed and settled on a pro rata basis as if the
amount of insurance under this policy was divided pro rata as to the value on Date
of Policy of each separate parcel to the whole, exclusive of any improvements
made subsequent to Date of Policy, unless a liability or value has otherwise been
agreed upon as to each parcel by the Company and the insured at the time of
issuance of this policy and shown by an express statement or by an endorsement
attached to this policy.
9. LWIT FaT010F LIABILI T v.
(a)lf the Company establishes the title, or removes the alleged defect, lien or
encumbrance, or cures the lack of a right of access to or from the land, or cures the
claim of unmarketability of title, all as insured, in a reasonably diligent manner by
any method, including litigation and the completion of any appeals therefrom, it
shall have fully performed its obligations with respect to that matter and shall not be
liable for any loss or damage caused thereby.
(b)ln the event of any litigation, including litigation by the Company or with the
Company's consent, the Company shall have no liability for loss or damage until
there has been a final determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title as insured.
(c)The Company shall not be liable for loss or damage to any insured for liability
voluntarily assumed by the insured in setting any claim or suit without the prior
written consent of the Company,
10. RID'UCTION OF INSURANCE; RirDUCTI€ N' Ohl T ENMINATION OF
LtAERIUTY.
All payments under this policy, except payments made for costs, atiomeys' fees
and expenses, shall reduce the amount of the insurance pro tanto.
11. LfAf3ILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy shall be
reduced by any amount the Company may pay under any policy insuring a
mortgage to which exception is taken in Schedule B or to which the insured has
agreed, assumed, or taken subject, or which is hereafter executed by an insured
and which is a charge or lien on the estate or interest described or referred to in
Schedule A, and the amount so paid shall be deemed a payment under this policy
to the insured owner.
€Z AYMIE'NT O LOSS.
(a)No payment shall be made without producing this policy for endorsement of
°own NO, 109-92-J
410-356-0464 p.12
PULATIANS (Continued)
the payment unless the policy has been lost or destroyed, in which case proof of
loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in
accordance with these Conditions and Stipulations, the loss or damage shall be
payable within 30 days thereafter,
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
.
.(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this policy, all
right of subrogation shall vest in the Company unaffected by any act of the insured
claimant.
The Company shall be subrogated to and be entitled to all rights and remedies
which the insured claimant would have had against any person or property in
respect to the claim had this policy not been issued, If requested by the Company,
the insured claimant shall transfer to the Company all rights and remedies against
any person or property necessary in order to perfect this right of subrogation. The
insured claimant shall permit the Company to sue, compromise or settle in the
name of the insured claimant and to use the name of the insured claimant in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the insured
claimant, the Company shall be subrogated to these rights and remedies in the
proportion which the Company's payment bears to the whole amount of the loss.
If loss should result from any act of the Insured claimant, as stated above, that
act shall not void this policy, but the Company, in that event, shall be required to
pay only that part of any losses insured against by this policy which shall exceed
the amount, if any, lost to the Company by reason of the impairment by the insured
claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non-Insured Obligors.
The Company's right of subrogation against non-insured obligors shall exist and
shall include, without limitation, the rights of the insured to indemnities, guaranties,
ether policies of insurance or bonds, notwithstanding any terms or conditions
contained in those instruments which provide for subrogation rights by reason of
this policy.'
14. ARBITRATION.
Unless prohibited by applicable law, either the Company or the insured may
demand arbitration pursuant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company and the insured arising
out of or relating to this policy, any service of the Company in connection with its
issuance or the breach of a policy provision or other obligation. All arbitrable
matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at
the option of either the Company or the insured. All arbitrable matters when the
Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when
agreed to by both the Company and the insured. Arbitration pursuant to this policy
and under the Rules in effect on the date the demand for arbitration is made or, at
the option of the insured, the Rules in effect at Date of Policy shall be binding upon
the parties. The award may include attorneys' fees only if the laws of the state in
which the land is located permit a court to award attorneys' fees to a prevailing
party. Judgment upon the award rendered by the Arbitrator(s) may be entered in
any court having jurisdiction thereof. .
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration holes.
A copy of the Rules may be obtained from the Company upon request.
15, LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto by the
Company is the entire policy and contract between the insured and the Company.
In interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage, whether pr not based on negligence, and which
arises out of the status of the title to the estate or interest covered hereby or by any
action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by a
writing endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision and all other
provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy and
shall be addressed to the Company at investors Title Insurance Company, P.O.
Drawer 2687, Chapel Hill; North Carolina 27515-2687.
ALTA OWNER'S POLICY (10-17-92)
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RE: Alexander Site-Specific Mitigation Plan
Subject: RE: Alexander Site-Specific Mitigation Plan
Date: Fri, 22 Nov 2002 08:35:19 -0500
From: "George Kelly <[e-mail]>
To: <[e-mail]>, <[e-mail]>,
<[e-mail]>, <[e-mail]>,
<[e-mail]>, <[e-mail]>,
<[e-mail]>, <[e-mail]>, <[e-mail]>
CC: <[e-mail]>
Mike:
Thanks for the e-mail. I would suggest that we meet on-site at 10:00 am. After the site visit, we could then
convene at the offices of Perry Management in Kinston, if necessary. It has been our experience that it is better to
meet on-site prior to office discussion, because many of the questions are often answered in the field.
If this is acceptable to you, I will forward directions to both the site and to Perry Management next week.
Thanks for your assistance.
George W. Kelly
Environmental Banc & Exchange, LLC
10055 Red Run Boulevard, MD 21117
410-356-5159
[e-mail]
"We Invest in the Environment"
-----Original Message-----
From: [e-mail] [mailto:[e-mail]]
Sent: Tuesday, November 19, 2002 11:17 AM
To: [e-mail]; [e-mail]; [e-mail];
William.)[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]
Cc: [e-mail]
Subject: Alexander Site-Specific Mitigation Plan
Everyone has sent available dates except WRC, and the common Date is Tuesday, DECEMBER 3, 2002.
George, set up an onsite and a meeting place for us to go over the plan.
If you can't attend the meeting, please send a you comments to George Kelly and me before December
31d. Thanks, Mike
1 of 1 11/22/02 11:51 AM
Alexander Site Visit
Subject: Alexander Site Visit
Date: Mon, 2 Dec 2002 13:09:33 -0500
From: "Thuy Chin <[e-mail]>
To: <[e-mail]>, <[e-mail]>, <[e-mail]>,
<W1 [e-mail]>, <[e-mail]>,
<[e-mail]>, <[e-mail]>,
<[e-mail]>, <[e-mail]>
CC: "George Kelly" <[e-mail]>
Site visit at 10:00am at Alexander Site
Follow-up at Perry Management office, if necessary
Directions to Alexander Site from Raleigh
- Take Rte. 70 to Goldsboro
- At Goldsboro, take Rte. 13 (N) towards Snow Hill
- Pass Snow Hill and cross the Contentnea River
- Take right (east) onto NC 903
- Take Right (south) on Lily Pad Road
- Site is 1/4 - 1/2 mile on right - look for parked cars
- (If you pass a prison on NC 903, you have gone too far)
- George Kelly's cell # [phone]
- If follow-up is necessary, all parties will follow to Perry
Management office
1 of 1 12/2/02 1:20 PM
RE: Alexander Site-Specific Mitigation Plan
Subject: RE: Alexander Site-Specific Mitigation Plan
Date: Fri, 22 Nov 2002 14:47:44 -0500
From: [e-mail]
To: "George Kelly" <[e-mail]>
CC: [e-mail], [e-mail], [e-mail],
Michael.F.13 [e-mail]1, [e-mail],
[e-mail], [e-mail]
Greetings all,
This sounds like a good idea. Send me the directions if this is the
schedule adopted.
Howard
Howard F. Hall
U. S. Fish and Wildlife Service
Ecological Services
P. 0. Box 33726
Raleigh, North Carolina 27636-3726
Ph: 919-856-4520, ext. 27
Fax: [phone]
e-mail: [e-mail]
"George Kelly"
<george@Blackoak To:
<[e-mail]>,
usa.com> <[e-mail]>,
<[e-mail]>,
<[e-mail]>,
11/22/02 08:35
<[e-mail]>,
AM <[e-mail]>,
<[e-mail]>,
<[e-mail]>,
<[e-mail]>
<[e-mail]>
CC:
Subject: RE: Alexander Site-Specific
Mitigation Plan
Mike:
Thanks for the e-mail. I would suggest that we meet on-site at 10:00
am. After the site visit, we could then convene at the offices of Perry
Management in Kinston, if necessary. It has been our experience that it is
better to meet on-site prior to office discussion, because many of the
questions are often answered in the field.
If this is acceptable to you, I will forward directions to both the
site and to Perry Management next week.
Thanks for your assistance.
1 of 2 11/25/02 9:09 AN
RE: Alexander Site-Specific Mitigation Plan
George W. Kelly
Environmental Banc & Exchange, LLC
10055 Red Run Boulevard, MD 21117
410-356-5159
[e-mail]
"We Invest in the Environment"
-----Original Message-----
From: [e-mail]
[mailto:[e-mail]
Sent: Tuesday, November 19, 2002 11:17 AM
To: [e-mail]; [e-mail];
[e-mail]; [e-mail];
[e-mail]; [e-mail];
[e-mail]; [e-mail]
Cc: [e-mail]
Subject: Alexander Site-Specific Mitigation Plan
Everyone has sent available dates except WRC, and the common Date is
Tuesday, DECEMBER 3, 2002.
George, set up an onsite and a meeting place for us to go over the
plan.
If you can't attend the meeting, please send a you comments to George
Kelly and me before December 31d. Thanks, Mike
2 of 2 11/25/02 9:09 AM
8000 Regency Parkway
Suite 200
B U C K Cary, North Carolina 27511
Phone: [phone]
F : 'E <."a I N F E I2. I N" Chi Fax: [phone]
www.buckengineering.com
TO
Mr. John Dorney
NC DENR/DWQ Wetlands Unit
ITTAL
1650 Mail Service Center
Raleigh, NC 27699-1650
PHONE: [phone]
DATE: September 26, 2002 JOB NO. 064
We are sending via:
Overnight 0 Regular Mail ? Pick-up aX Hand Delivered
The following items:
Correspondence FX Plans ? Specifications 0 Other as listed below:
COPIES DATE NO. DESCRIPTION
1 1 reene County.
THESE ARE TRANSMITTED as checked below:
8 For Approval As Requested 8 Approved As Submitted 8 Returned For Corrections
For Your Use RX For Review Approved As Noted Forward To Subcontractor
REMARKS:
Mr. Dorney -
Per the request of George Kelly (EBX), enclosed you will find a draft mitigation plan for the
Alexander wetland mitigation site, located in Greene County. We apologize for not sending a
copy when it was circulated to the other members of the MBRT - an oversite on our part. We
have updated our mailing list so that in the future you will receive mailings that go out to the
other members of the MBRT.
The MBRT Chair is currently scheduling an on-site meeting to discuss the mitigation plan and
view the site, but we have not yet been informed of a specific date for the meeting. We will
keep you apprised as more information becomes available. We look forward to receiving your
review.
COPY TO: George Kelly; File SIGNED: Kevin Tweedy, PE
???..
a ?? s
yy ?' ? t:
.? ?Jn?.
Jul 29 02 12:48p BLHCK UHK - LBX 41U-Jbb-U4b4 p.e_
Environmental Bari c.& Exchange, LLC
Managers, Banke.N and Traders of Environmontal Rights
`PlY7dtrly I_f1t!fYC/llfilt'.11(C7I Sofi.771UY1S 01Yough ECononlw Incenliues`
10055 Reza Run Boulevard. suite 130
CRvhgs MIS, MD 21117-4860
410 35G5159 FAX 410:35(j-5822
2102 North Elm Slrettl. Suite J
Gre enslNlro. \orlh (atrolinil 27408
336 274-5)800 FAX [phone]
W W W O MIS& Com
July 29, 2002
Dear Neu-Con Mitigation Bank Review Team ("MBRT") Members:
Enclosed for your consideration and review is a copy of the draft Alexander Site-Specific
Mitigation Plan. As called for in the Neu-Con Umbrella Wetland Mitigation and Stream
Mitigation Banking Instrument ("MBI"), the Bank Sponsor, Environmental Banc and Exchange,
LLC ("EBX"), is seeking approval of the attached Site-Specific Mitigation Plan from the MBRT.
It is our understanding that circulation of the draft Site-Specific Mitigation plan for the
Alexander site is now required in order to request a MBRT site visit. Accordingly, by copy of
this letter and the attached draft Site-Specific Mitigation Plan, EBX respectfully requests that the
MBRT coordinate its schedule and identify a date for a site visit.
If we can be of any further assistance, please do not hesitate to contact. me at 410-356-5159
(x224). Otherwise, we look forward to hearing from the MBRT Chair regarding a scheduled
date for a site visit.
Very Truly Yours,
George W. Kelly
Enclosure
Circulation List:
Mr. Bill Biddlecome
Washington Regulatory Field Office
Department of the Army
Wilmington District, Corps of Engineers
P. 0. Box 1000
Washington, NC 27889-1000
Mr. David W. Lekson, Chief
Washington Regulatory Field Office
Department of the Army
Wilmington District, Corps of Engineers
P. 0. Box 1000
Washington, NC 27889-1000
D
SEP 2 s
UAL 0110
fCrl?N )
r
kNNw =kmmWa va AUs Shama vo)aeMmuy%tturY no?ua.mm?Eaxv.oia?weNou-conw.nmav P.) x W-d? Mg ma id7U6N - rA *&.
Jul 29 02 12:48p BLACK OAK - EBX
Mrs. Kathy Matthews
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency / EAB
980 College Station Road
Athens, GA 30605
Mr. Howard Hall
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
P. O. Box 33726
Raleigh, NC 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, NC 28516
Mr. Bennett Wynne
North Carolina Wildlife Resources Commission
901 Laroque Avenue
Kingston, NC 28501
Mr. Kevin Tweedy
Buck Engineering, Inc
8000 Regency Parkway, Suite 200
Cary, NC 27511
Mr. Chris Huysman
Wetland and Natural Resource Consultants, Inc.
P. O. Box 224
11 South College Avenue, Suite 206
Newton, NC 28658
410-356-0464 p.3
NBIu6octass.0lMavar e?Uasn Shucd F0da%T1.yNTLsy's DaauncroslL'Ba1TVJsaSNC•Nts•COnWvmdCr PICIVM=W Digsod Mitigmioo Pl-hr.deo
Neu-Con Umbrella Wetland and Stream Mitigation Bank
Alexander
Site Specific Mitigation Plan
Environmental Banc & Exchange, LLC
Managers, Bankers, and Traders of Environmental Rights
"Finding Environmental Solutions through Economic Incentives "
Alexander Wetland Mitigation Project
Draft Mitigation Plan
Submitted to:
Environmental Banc and Exchange, LLC
North Elm Street, Suite J
Greensboro, NC 27408
Prepared by:
BUCK 8000 Regency Parkway
Suite 200
Cary, North Carolina 27511
Phone: [phone]
Fax: [phone]
w .buckengineering.oom
Executive Summary
The Alexander wetland mitigation site is located in Greene County, five miles east of the
town of Snow Hill, North Carolina. Approximately 2,500 feet of ditches exist on the site
and were used to promote drainage when the land was under agricultural production. The
entire land parcel is approximately 28 acres in size and designated as prior converted
wetlands.
Land-use for the Alexander site in the past has been row crop agriculture. Existing
vegetation was inventoried on the property in April 2002. Vegetation in the field (along
the ditches and ponds) consisted of elderberry (Sambucus canadensis), giant cane
(Arundinaria gigantean), rush (Juncus sp.), goldenrod (Solidago sp.), jewelweed
(Impatiens capensis), sedge (Carex sp.), tear-thumb (Polygonum sagittatum), blackberry
(Rubus spp.), bulrush (Scirpus spp.), red maple saplings (Acer rubrum), and black cherry
saplings (Prunus serotina). Cattail (Typha latifolia) was observed growing in several
areas within the ditches, while black willow (Salix nigra) saplings were abundant around
the pond closest to the road. An existing wetland system borders the site along the
western edge. This area is wooded with tulip poplar (Liriodendron tulipifera), green ash
(Fraxinus pennsylvanica), American elm (Ulmus americana), sweet bay (Magnolia
virginiana), ironwood (Carpinus caroliniana), swamp chestnut oak (Quercus michauxii),
willow oak (Quercus phellos), American holly (Ilex opaca), black cherry (Prunus
serotina), and black willow. Considering this, the potential for restoration of a diverse
native vegetation community exists at the site due to the close proximity of appropriate
seed sources.
Water table monitoring data collected from May 2000 through October 2000 indicated
that the site currently exhibits hydrologic conditions drier than jurisdictional wetland
conditions. The ditches on the site transport surface and subsurface drainage from the
project property and maintain soil conditions favorable for agricultural production.
Examination of the available hydrology and soil data indicates that the site has good
potential for the restoration of a productive wetland ecosystem.
The mitigation design for the Alexander property is to restore a "non-riverine wet
hardwood forest", as described by Schafale and Weakley, 1990. These systems exist as
poorly drained interstream flats with fine-textured mineral soils, not associated with
rivers or estuaries. Restoration will involve the filling of drainage ditches to raise the
local water table and restore site hydrology. The restored wetland will tie-in with the
existing wetland area along the western boundary of the site, such that a contiguous
wetland system is formed. Total size of the restored wetland is approximately 18.5 acres,
with approximately 2.4 acres of wetland creation proposed.
Alexander Wetland Mitigation Plan i EBX / Buck Engineering
Table of Contents
1
Introduction .............................................................................................................. 1-1
1.1 Project Description ........................................................................................... 1-1
1.2 Study Area ........................................................................................................ 1-1
Ex isting Conditions .................................................................................................. 2-1
2.1 Geology and Soils ............................................................................................ 2-1
2.2 Climatic Conditions .......................................................................................... 2-3
2.3 Site Hydrology ................................................................................................. 2-3
2.4 Hydrologic Modeling ....................................................................................... 2-5
2.5 Flooding Concerns ........................................................................................... 2-7
2.6 Biotic Resources ............................................................................................... 2-7
2.7 Cultural Resources ........................................................................................... 2-8
Mitigation Plan ......................................................................................................... 3-1
3.1 Overview .......................................................................................................... 3-1
3.2 Hydrologic Restoration .................................................................................... 3-1
3.3 Hydrologic Model Analyses ............................................................................. 3-3
3.4 Vegetation Plan ................................................................................................ 3-4
3.5 Soils .................................................................................................................. 3-5
Success Criteria ........................................................................................................ 4-1
4.1 Wetland Hydrologic Success Criteria .............................................................. 4-1
4.2 Wetland Vegetative Success Criteria ............................................................... 4-1
4.3 Reference Site ............................................................ ...................................... 4-2
Monitoring Plan ........................................................................................................ 5-1
5.1 Hydrology ......................................................................................................... 5-3
5.2 Vegetation ........................................................................................................5-3
Reference Wetland ................................................................................................... 6-1
6.1 Reference Site Selection ...................................................................................6-1
6.2 Hydrology .........................................................................................................6-1
6.3 Soils ..................................................................................................................6-2
6.4 Vegetation ........................................................................................................6-2
6.5 Landscape Position ...........................................................................................6-2
References ................................................................................................................7-1
2
3
4
5
6
7
Appendix l: Photographs of the Project Site
Appendix 2: Letters from the North Carolina Natural Heritage Program and
North Carolina Department of Cultural Resources
Appendix 3: DrainMod Input Files used to Model the Existing Condition and Proposed
Restoration Practices of the Project Site
Appendix 4: Reference Wetland Evaluation Forms
Appendix 5: Hydrologic Unit Code Service Area Map
Appendix 6: Credit Accounting Ledger Sheet
Appendix 7: Sample Conservation Easement
Appendix 8: Financial Assurances
Appendix 9: Title
Alexander Wetland Mitigation Plan ii EBX / Buck Engineering
List of Figures
Figure 1.1 Location of the Alexander wetland mitigation site ....................................... 1-2
Figure 2.1 Existing site topography, hyric soils, and features for the
Alexander property .......................................................................................2-2
Figure 2.2 Water table data for the monitoring well located on the project site .............2-4
Figure 3.1 Proposed restoration design for the project site .............................................3-2
Figure 3.2 Thirty (30) year model simulations showing the longest consecutive
number of days meeting wetland criteria at each monitored location
under proposed restoration practices ..............................................................3-4
List of Tables
Table 2.1 Comparison between monthly rainfall amounts for the project site and the
long-term average ...........................................................................................2-5
Table 2.2 Hydrologic parameters calculated for the project site .....................................2-5
Table 2.3 Water balance for the existing condition of the projecy site ...........................2-7
Table 3.3 Percent of the growing season experiencing saturated or inundated
conditions for the four modeled scenarios .......................................3-3
Alexander Wetland Mitigation Plan iii EBX / Buck Engineering
1 Introduction
1.1 Project Description
The Alexander wetland mitigation site is located in Greene County, approximately five
miles east of the town of Snow Hill, North Carolina (see Figure 1.1). The site has a past
history of agricultural use, consisting primarily of row crop agriculture. Approximately
2,500 feet of ditches exist on the site and were used to promote drainage when the land
was under agricultural production. The ditches on the site drain to an unnamed tributary
of Contentnea Creek, which forms the property boundary on the west side of the site (see
Figure 2.1). The entire property is approximately 28 acres in size and designated as prior
converted wetlands, with approximately 18.5 acres of drained hydric soils (see Figure 2.1
for hydric soil delineations).
Environmental Banc and Exchange, LLC (EBX) proposes to restore wetland
functionality to the site for the purpose of fulfilling wetland mitigation requirements to
the North Carolina Department of Transportation (NCDOT).
1.2 Study Area
The Alexander mitigation site is located in the Coastal Plain Physiographic Region near
the Town of Snow Hill, North Carolina. This area is part of the Yorktown Formation,
formed during the Tertiary Period. Topographic relief of the area is largely the result of
dissection by Contentnea Creek and its tributaries (NRCS, 1980).
Local relief within the project site is approximately nine feet, with the highest location
being the northeastern corner of the site near North Carolina State Road (NCSR) 1419
(Suggs Road), and the lowest elevation being the western side of the property adjacent to
the existing wetland. The surrounding properties are primarily used for row crop
agriculture or existing wetland areas.
Alexander Wetland Mitigation Plan 1-1 EBX / Buck Engineering

Project
Reference

AAW
WAYNE
SCALE
1500 0 1500 3000 Feet 1
ONEENE// ??,,
--
V
LENOIR
e
PRT
Q
i
903

M
® Environmental Banc and Exchange, LLC
10055 Red Run Boulevard, Suite 130
Owing Mills, MD 21117
Figure 1.1
Project Location
Alexander Mitigation Site
72
pa- s ?

2 Existing Conditions
2.1 Geology and Soils
The project site is located in the Coastal Plain of North Carolina. Soils series mapped on
the site include the Johns, Kenansville, and Lumbee series (NRCS, 1980), as shown in
Figure 2.1. On the low ridges and upland areas of the site, the Johns (Jo) and Kenansville
(Ke) soil series are found (NRCS, 1980). Both of these series consist of well drained soils
typically found on uplands, low ridges, and stream terraces. Permeability is moderately
rapid for both soils. Lumbee (Lu) soils are found in the lower lying areas of the site.
Lumbee soils are poorly drained soils found on smooth flat terraces. The Lumbee soils
series typically have dark gray sandy loam surface layers with a gray sandy loam
subsurface. Infiltration and permeability are moderate with the seasonal high water table
at the surface. The NRCS categorizes the Lumbee soil series as an "A list" hydric soil
(NRCS, 1995).
Hydric soils on the project property were delineated by Wetland and Natural Resource
Consultants, Inc., (WNRC). The delineated areas of cleared hydric soil are shown in
Figure 2.1. Total area of cleared hydric soils is approximately 18.5 acres. Only the areas
of existing hydric soils are targeted for restoration.
Bore-hole tests were conducted in April 2002 to determine soil physical parameters. The
test holes were dug primarily in low lying areas where restoration activities will occur.
However, one test hole was augered on a knoll area that was higher in elevation.
Although there was some variation between test hole profiles and soil survey
descriptions, all test holes indicated presence of hydric soils with a depleted matrix in the
A and/or B horizons of the soil profile, with the exception of the hole augered in the knoll
area. Soil surface layers to a depth of 2 - 3 feet typically exhibited matrix values of 4 or
less and chromas of 2 or less in the low lying auger holes, with a coarse gray sand layer
found at 5 feet. The soil profile in the hole augered in the knoll area, found high values
for hue and choma, with observations of a bright orange layer ranging from 6 - 36 inches
in depth. Most profiles consisted of a fine sandy loam textured surface layer, changing to
sandy clay loam in the subsurface horizons. The water table was determined to be within
1 foot of the soil surface over most of the proposed restoration area on the day the bore
hole test analyses (April 2, 2002) were conducted. At a depth of approximately 5 feet, a
gray layer of saturated medium sand was found at most locations.
Augered holes were also used to measure saturated hydraulic conductivity using the
method described by van Beers (1970). Saturated hydraulic conductivity measurements
were conducted for hydrologic model inputs, and to evaluate the potential for preferential
flow. Conductivities across the site ranged from 6 to 16 cm/hr, with a median value of 10
cm/hr. A saturated sand layer was found on the site at a depth below 1 foot from the soil
surface. The highest conductivity measurements were determined near the eastern edge of
the site where the property boundary is formed by NCSR 1419.
Alexander Wetland Mitigation Plan 2-1 EBX / Buck Engineering
REVISIONS
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2.2 Climatic Conditions
Greene County, North Carolina has an average annual rainfall of approximately 49 inches
(NRCS, 1980). In much of the Coastal Plain of North Carolina, approximately 36 inches
of water are lost to evapotranspiration during an average year (Evans and Skaggs, 1985).
Since average rainfall exceeds average evapotranspiration losses, the Coastal Plain of
North Carolina experiences a moisture excess during most years, meaning that the excess
water must leave a given site by groundwater flow, runoff, channelized surface flow, or
deep seepage. Annual losses to deep seepage, or percolation of water to confined aquifer
systems, is typically less than one inch of water for most Coastal Plain areas and are not a
significant loss pathway for excess water. Although groundwater flow can be significant
in some systems, most excess water is lost via shallow subsurface flow and surface flow.
2.3 Site Hydrology
The presence of hydric soils over most of the project site is evidence that the site
historically supported a wetland ecosystem. As is the case in much of the Coastal Plain of
North Carolina, local drainage patterns have been altered over the last two centuries to
promote agricultural production. Two small excavation ponds were constructed on the
site in the past. Two lateral ditches were also constructed across the low lying areas of the
site to provide shallow subsurface drainage that lower the water table at the site, which is
beneficial for agriculture production. These ditches drain to an existing wetland system
and unnamed tributary of Contentnea Creek on the western side of the project property.
During February 2000, a well was installed and maintained by (WNRC) to manually
monitor water table depth on the project site. The well was replaced by an automated
recording well in May 2000. The wells were located in areas where hydrology would
likely be affected by restoration efforts to provide information for comparing pre- and
post-restoration hydrology (see Figure 2.1 for well locations). Water table data were
collected from February 2000 through October 2000 and are shown in Figure 2.2.
Rainfall data collected for the hydrologic monitoring period were used to correlate
climatic conditions with water table hydrology. Rainfall data were collected from the
nearest automated weather station (ULAN: 14352), located in Snow Hill, North Carolina,
approximately five miles southwest of the project site. Over the monitoring period, there
were seven days in which rainfall data were missing from the Snow Hill weather station.
Rainfall data from the next closest automated station located approximately 20 miles
northeast of the project site in Greenville, North Carolina (Greenville 2, NC3638), were
used to fill in these gaps in the Snow Hill data. Monthly precipitation amounts from
March 2000 through October 2000 are compared with average monthly rainfall amounts
for Greene County (NRCS, 1980) in Table 2.1. Drier than average conditions were
experienced at the project site during the monitoring period.
Alexander Wetland Mitigation Plan 2-3 EBX / Buck Engineering
Well data from the project site were analyzed to determine the sites current hydrologic
state. Data were used to determine 1) the longest number of days with the water table less
than 12 inches deep during the monitoring period, 2) the longest number of days with the
water table less than 12 inches deep during the growing season, and 3) the number of
occurances that the water table was less than 12 inches deep for at least 1 day during the
growing season. Calculated values are presented in Table 2.2.
The growing season for Greene County is 242 days long, beginning on March 16 and
ending November 13, as calculated from National Weather Service Wetlands
Determination Tables (WETS) for the Greeneville 2, NC3638 station. To meet
jurisdictional wetland criteria, the water table would need to remain within 12 inches of
the soil surface for 5% of the growing season, or approximately 12 days. For the period
of monitoring data available, the longest consecutive period with the water table less than
12 inches deep during the growing season was 4 days (Well #1, 9/24/00 to 9/27/00). This
would indicate that the current hydrologic state of the project site is drier than would be
expected for a site meeting jurisdictional wetland hydrology requirements.
Alexander Wetland Mitigation Plan 2-4 EBX / Buck Engineering
Figure 2.2. Water table data for the monitoring well located on the project site.
Table 2.1 Comparison between monthly rainfall amounts for the project site and the
lane-term averaue_

MonthNear Observed Monthly
Precipitation (in) Average Monthly
Precipitation (in) Deviation of
Observed from
Average
March 2000 3.21 3.86 -0.65
April 2000 5.16 3.33 1.83
May 2000 1.37 4.33 -2.96
June 2000 3.96 4.85 -0.89
July 2000 4.57 5.27 -0.70
August 2000 5.18 6.26 -1.08
September 2000 9.53 4.25 5.28
October 2000 0.16 3.01 -2.85
Sum 33.14 35.16 -2.02
Table 2.2 Hvdralauic narameters calculated for the nroiect site.
Longest consecutive Longest consecutive Number of instances
*
number of days with number of days with
* < 12
when WT
WT* < 12 inches < 12 inches
WT inches deep from
Well deep from 3/8/00 deep from 3/16/00 3/16/00 through
through 10/2/00 through 10/2/00 10/2/00
(period of record) (partial growing (partial growing
season) season)
Monitoring 4 4 1
Wells
WT = water table
2.4 Hydrologic Modeling
To further investigate the current hydrologic status of the site and provide a means for
evaluating proposed restoration plans, hydrologic models were developed to simulate site
hydrology. DrainMod (version 5.1) was used to develop hydrologic simulation models to
represent conditions at the automated monitoring well location. DrainMod is identified as
an approved hydrologic tool for assessing wetland hydrology by the United States
Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS,
1997). For more information on DrainMod and its application to high water table soils,
the reader is referred to Skaggs, 1980.
Model parameters were selected based on field measurements and professional judgment
of site conditions. Rainfall and air temperature information were collected from the
nearest automated weather station (UCAN: 14352), located in Snow Hill, North Carolina,
approximately five miles southwest of the project site. Field measured parameters were
entered into the model and initial model simulations were compared with observed data
Alexander Wetland Mitigation Plan 2-5 EBX / Buck Engineering
collected from the monitoring wells. To calibrate the model, parameters not measured in
the field were adjusted within the limits typically encountered under similar soil and
geomorphic conditions until model simulations most closely matched observed well data.
DrainMod computes daily water balance information and outputs summaries that
describe the loss pathways for rainfall over the model simulation period. Table 2.3
summarizes the average annual amount of rainfall, infiltration, drainage, runoff, and
evapotranspiration estimated for the existing condition of the Alexander property.
Infiltration represents the amount of the water that percolates into the soil and is lost via
drainage or runoff. Drainage is the loss of infiltrated water that travels through the soil
profile and is discharged to the drainage ditches or to underlying aquifers. Runoff is
water that flows overland and reaches the drainage ditches before infiltration.
Evapotranspiration is water that is lost by the direct evaporation of water from the soil or
through the transpiration of plants.
From the data provided, it is clear that a significant amount of the rainfall that falls on the
site is lost via drainage and runoff to the field ditches. Restoration of the site will involve
blocking the ditches and increasing the amount of surface storage available to pond
water. In this way, the respective amounts of drainage and runoff are decreased and the
excess water allows the water table to remain higher throughout the year, thus restoring
wetland hydrology.
With the calibrated model, simulations were run to estimate the hydrologic conditions of
the site in its existing condition. A location approximately 200 feet from the existing
ditches was modeled to represent the average drainage conditions governing current site
hydrology. Long-term model simulations were run for 30 years of weather data collected
from an automated weather station located in Greenville, North Carolina (Greenville 2,
NC3638) approximately 20 miles from the project site, since long-term data were not
available from the Snow Hill automated weather station. DrainMod allows for the
analysis of wetland hydrology by calculating the longest consecutive number of days
meeting wetland hydrology criteria within the growing season. The DrainMod input files
used to model the long-term simulations are presented in Appendix 3.
Jurisdictional wetland criteria (water table within 30 cm of the soil surface for 5% of the
growing season) were not met in any of the 30 simulated years. These data indicated that
the site, in its current condition, does not support wetland hydrology. This would be
expected since the site has been in agricultural production for many years.
Alexander Wetland Mitigation Plan 2-6 EBX / Buck Engineering
Tnhle 23 Water hnlnnce for the existing condition of the Alexander site.

Hydrologic
Parameter Average Annual Amount
over 30 Year
Simulation Period
cm of water Average Annual Amount
over 30 Year
Simulation Period
% of rainfall
Precipitation 124.1 100%
Drainage 44.0 35%
Runoff 20.1 16%
Evapotranspiration 60.0 49%
2.5 Flooding Concerns
There are no flooding or hydrologic trespass concerns for the project site. The existing
elevation contours for the site, displayed in Figure 2.1, indicate that surface drainage
flows to the middle of the site, where two existing small ponds are located. Existing
drainage ditches originate near the middle of the site and flow to the west, draining to the
existing wetland area along the western border of the property. This drainage pattern will
not be altered - all drainage from the restored site will also drain to the existing wetland
area avoiding any potential impacts to adjacent properties.
NCSR 1419 (Suggs Road) forms the eastern boundary of the site. There is a road-side
ditch that parallels NCSR 1419 on the project property. This ditch is located on higher
ground than the proposed restoration areas, and as such, drainage of the road-side ditch
will not be impacted by the proposed restoration activities.
2.6 Biotic Resources
In the past, the land-use for the Alexander site has been row crop agriculture. During site
investigations in April 2002, the site had been recently disked and as a result, the only
standing vegetation was found along the ditch and pond banks, and around the wooded
perimeter of the site. Vegetation along the ditch and pond banks consisted of elderberry
(Sambucus canadensis), giant cane (Arundinaria gigantean), rush (Juncus sp.), goldenrod
(Solidago sp.), jewelweed (Impatiens capensis), sedge (Carex sp.), tear-thumb
(Polygonum sagittatum), blackberry (Rubus spp.), bulrush (Scirpus spp.), red maple
saplings (Acer rubrum), and black cherry saplings (Prunus serotina). Cattail (Typha
latifolia) was observed growing in several areas within the ditches, while black willow
(Salix nigra) saplings were abundant around the pond closest to the road.
Vegetation within the existing wetland area along the western boundary of the site was
also identified. The dominant tree canopy consisted of tulip poplar (Liriodendron
tulipifera), and red maple (Acer rubrum), while species predominant in the understory
consisted of green ash (Fraxinus pennsylvanica), American elm (Ulmus americana), and
sweet bay (Magnolia virginiana). Other species observed in the wetland area included
ironwood (Carpinus caroliniana), swamp chestnut oak (Quercus michauxii), willow oak
Alexander Wetland Mitigation Plan 2-7 EBX / Buck Engineering
(Quercus phellos), American holly (Ilex opaca), black cherry (Prunus serotina), black
willow, elderberry, wax myrtle (Myrica cerifera), possum haw (Viburnum nudum), and
chinese privit (Ligustrum sinense). The herbaceous and vine strata included lizard's tail
(Saururus cernuus), jewel weed, giant cane, netted chainfern (Woodwardia areolata),
blackberry, poison ivy (Toxicodendron radicans), greenbrier (Smilax spp.), virginia
creeper (Parthenocissus quinquefolia), trumpet creeper (Campsis radicans) and
honeysuckle (Lonicera japonica).
The North Carolina Natural Heritage Program (NCNHP) was contacted by WNRC in a
letter dated October 9, 2000 to determine any possible issues that might emerge with
respect to significant natural resources from wetland restoration practices on the project
site. In a reply letter dated November 14, 2000, the NCNHP issued a "No Effect"
determination for the project site (see Appendix 2 for copies of the letters of
communication between NCNHP and WNRC).
2.7 Cultural Resources
In a letter dated October 9, 2000, WNRC requested that the North Carolina Department
of Cultural Resources (NCDCR) review the project and comment on any possible impact
to cultural resources within the project area. The NCDCR determined, in a letter dated
November 14, 2000, that there were no properties of architectural, historic, or
archaeological significance which would be affected by the project (see Appendix 2 for a
copy of the letter from the NCDCR).
Alexander Wetland Mitigation Plan 2-8 EBX / Buck Engineering
3 Mitigation Plan
3.1 Overview
The restoration design for the Alexander property is to restore a "non-riverine wet
hardwood forest" system, as described by Schafale and Weakley (1990). These systems
exist as poorly drained interstream flats with fine-textured mineral soils, not associated
with rivers or estuaries. Restoration will involve the filling of the drainage ditches and
ponds, and the restoration of natural topography to the site. This will have the effect of
raising the local water table and increasing the surface storage of the site, restoring
wetland hydrology to the site. At the downstream end (western side) of the site, the
restored system will be connected with the existing wetland area to form a contiguous
wetland system.
3.2 Hydrologic Restoration
Restoration of site hydrology will involve the filling of the drainage ditches and ponds to
prevent excessive drainage, raising the water table and restoring wetland hydrology. The
drainage ditch along the property boundary formed by NCSR 1419 (Suggs Road) will not
be impacted by restoration activities. To provide the necessary fill material for the ditches
and ponds, high areas of non-hydric soil will be graded down. The two existing lobes of
non-hydric soil on the northwest and southwest portions of the site will be graded down
to an elevation matching the existing areas of hydric soil. These graded non-hydric areas
will then be covered with approximately 8 - 10 inches of hydric topsoil in order to
expand the size of the wetland system. The filled in ponds will also be capped with
hydric soil to restore these areas. The hydric soil used to cover these areas will be
developed by shallow grading of elevated areas of hydric soil around the perimeter of the
site.
The restored site will function as a "non-riverine wet hardwood forest", and grade to the
existing "Coastal Plain small stream swamp" system located along the western portion of
the site. High water table conditions will be present across the site, with varying degrees
of hydrologic wetness. Surface drainage from the site will flow toward the western border
and discharge to the existing wetland system. The restored system will grade gradually
into the existing wetland system, such that no control devices will be necessary. The
restored and existing wetland areas will become one contiguous system. Design contours
and the layout of the restored site are shown in Figure 3.1. Total restored acreage of
wetland for the site is estimated at 18.5 acres, with approximately 2.4 acres of created
wetland.
Alexander Wetland Mitigation Plan 3-1 EBX / Buck Engineering
REVISIONS

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3.3 Hydrologic Model Analyses
DrainMod simulations were developed to evaluate the current hydrologic status of the
restoration site (Section 2.4) and to estimate the hydrologic conditions of the site under
the proposed restoration practices. Model parameters which describe the depth of ditches
and topographic surface storage were changed to values representative of the described
restoration practices. Input files that described cropping conditions were modified to
represent forested conditions.
Three (3) scenarios were simulated to evaluate the restored hydrologic conditions: 1) a
location near the center of the site (elevation = 490 ft), 2) a location midway between the
center of the site and the outer edge (elevation = 490.5 ft), and 3) a location near the outer
edge of the restored site (elevation = 491 ft). These three locations were chosen to
represent the range of hydrologic conditions expected over the restored sites, with wetter
conditions near the center of the site with decreasing wetness moving toward the outer
edge. Scenario 2 (midway between the center of the site and the outer edge) was chosen
to approximate an average location across the restored site, since the majority of the
restored acreage will be represented by these conditions. Thirty (30) year simulations
were run following the procedure described in Section 2.4. The results of the simulations
are presented in Figure 3.2, while DrainMod input files are provided in Appendix 3.
These simulations indicate that a range of hydrologic conditions will be imposed across
the restored site. Scenario 2 (midway between the center of the site and the outer edge)
can be assumed to represent average conditions across the site, with the majority of the
restored acreage on the site being represented by this hydrologic scenario. The remaining
two scenarios represent areas of increased and decreased wetness, such as low lying
depressions and areas of higher elevation near the edge of the site, respectively. It is
important to note that the hydrology of the targeted restored wetland system (non-riverine
wet hardwood forest) is highly variable across a given site, supporting the ecological and
functional diversity that makes these systems so valuable. All modeled scenarios for the
restored site met jurisdictional wetland criteria, indicating that wetland hydrology would
be restored to the site under the proposed restoration practices.
Table 3.3 Percent of growing season experiencing saturated or inundated conditions
for the three modeled scenarios-
Percent of Growing Season
Experiencing Continuous Saturated or
Modeled Scenario Inundated Conditions Under Average
Conditions
Center of the restored site 12%
Mid-way between center and outer edge of 9%
restored site (average conditions)
Outer edge of restored site 7%
Alexander Wetland Mitigation Plan 3-3 EBX / Buck Engineering
60 --- --- -- - -- - - ------ ------- - --- ---- ----- -- --- - - -- - --- -
® Scenario 1: Center of Site
Scenario 2: Middle of Site
Note: 12 consecutive days (5% of growing

® Scenario 3: Outer Edge of Sit
season) necessary to meet jurisdictional
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Figure 3.2 Thirty (30) year model simulations showing the longest consecutive
number of days meeting wetland criteria at three locations under proposed
restoration practices.
3.4 Vegetation Plan
The design of the proposed restored project area will most closely resemble the "non-
riverine wet hardwood forest" described by Schafale and Weakley (1990). Trees to be
planted include willow oak (Quercus phellos), swamp chestnut oak (Quercus michauxii),
laurel oak (Quercus laurifolia), overcup oak (Quercus lyrata), blackgum (Nyssa
sylvatica), and swamp blackgum (Nyssa biflora). Overcup oak and swamp blackgum will
be planted in the wettest areas.
The permanent seed mixture will be composed of Virginia wild rye (Elymus virginicus),
switch grass (Panicum virgatum), and fox sedge (Carex vulpinoidea).
Species selected for non-riverine restoration are considered to be weakly to moderately
tolerant of flooding. Weakly tolerant species are able to survive and grow on sites in
which soil is saturated for relatively short periods during the growing season. Moderately
tolerant species are able to survive on soils that are saturated or flooded for several
months during the growing season. Flood tolerant species are able to survive on sites in
which the soil is saturated or flooded for long indefinite periods during the growing
season (Wetlands Reserve Program (WRP) Technical Note VN-RS-4.1).
Alexander Wetland Mitigation Plan 3-4 EBX / Buck Engineering
The occurrence of small hummocks, variations in soil texture, and microtopography will
result in a heterogeneous plant community with varying hydroperiods. This community
type is known to grade into Small Stream Swamps at their headwaters.
The plant community types listed above are derived from Schafale and Weakley (1990).
Species selection generally follows tolerances cited in WRP Technical Note VN-RS-4.1
These documents, in combination, suggest a high probability that the selected plants will
survive on the hydrologically restored fields of the Alexander site and will replicate the
targeted natural system.
Prior to planting, the mitigation area will be inspected for proper elevation and soil
suitability. The site will be inspected at the completion of planting to determine that
proper planting methods were used; including spacing, species composition, and density.
3.5 Soils
Existing soils targeted for restoration are hydric (Lumbee series). Areas targeted for
wetland creation are mapped as the Kenansville series. These non-hydric areas will be
graded and then capped with a layer of hydric topsoil approximately 8 - 10 inches deep
to reach design grades.
Samples of topsoil from the site will be collected and tested to determine soil fertility and
chemical properties. If necessary, soil amendments (fertilizer, lime, etc.) will be applied
at rates appropriate for the target vegetation. Since the land has been in agricultural
production for a number of years, it is likely that soil fertility amendments will not be
necessary.
Disking and tillage practices commonly used in agriculture will be used to break the plow
pan and reduce compaction of the soil caused by years of agricultural production. Tillage
practices will also be used to remove any field crowns, thus restoring a more natural
topography to the site.
Alexander Wetland Mitigation Plan 3-5 EBX / Buck Engineering
4 Success Criteria
Factors considered in establishing hydrologic success criteria include the site specific
water budget (see Section 3.3 and Figure 3.2), soil types (see Section 3.5), and target
wetland systems (see Section 3.1), as well as pertinent scientific literature, such as the
quantifiable requirements referenced in documents developed for the purpose of wetland
delineation, specifically the 1987 Corps of Engineers Wetlands Delineation Manual
(USACE, 1987).
Several examples of performance standards are discussed in the WRP Technical Note
entitled Examples of Performance Standards for Wetland Creation and Restoration in
Section 404 Permits and an Approach to Developing Performance Standards (WG-RS-
3.3), dated January 1999. Specific and measurable success criteria for plant density
within the Neu-Con Wetland and Stream Mitigation Umbrella Bank sites are based on the
recommendations found in the WRP Technical Note and correspondence from MBRT
members (EPA, June 15, 2001 and USFWS, December 19, 2000).
The proposed success criteria "... refer to practicably measurable or observable attributes
that reflect compensatory mitigation objectives", which are consistent with the cited
Technical Note (page 12).
4.1 Wetiand Hydrologic Success Criteria
The targeted success criteria for the Alexander wetland mitigation site will be inundation
or saturation within 12 inches of the surface continuously for 9% (22 days) of the
growing season. If the restored site is inundated or saturated within 12 inches of the
surface continuously for less than 9% (22 days) of the growing season but greater than or
equal to 5% (12 days) of the growing season, then the credits will be approved and
released consistent with the terms of the Mitigation Banking Instrument and applicable
on a case by case basis as deemed appropriate by the permitting agencies.
The day counts are based on the growing season for Greene County, which is 242 days
long, beginning on March 16 and ending November 13, as calculated from National
Weather Service Wetlands Determination Tables (WETS) for Greenville, North Carolina
(Greenville 2, NC3638).
4.2 Wetiand Vegetative Success Criteria
The interim measure of vegetative success for the Alexander Wetland Mitigation Plan
will be the survival of at least 320 3-year old planted trees per acre at the end of year
three of the monitoring period. The final vegetative success criteria will be the survival of
260 5-year old planted trees per acre at the end of year five of the monitoring period. In
addition, for the five year monitoring period, the presence of volunteer facultative
softwood species such as red maple, sweet gum, and loblolly pine will be limited to less
than 10% each of the total number of trees utilized to determine success. These trees
Alexander Wetland Mitigation Plan 4-1 EBX / Buck Engineering
may contribute more than 10% of the total trees on the site, but they will not constitute
more than 10% each of the 260 trees per acre.
4.3 Reference Site
If the rainfall data for any given year during the monitoring period is not normal, and if
the desired hydrology for the Alexander site is not on a trajectory to achieve success, then
the reference wetland data can be assessed to determine if there is a positive correlation
between the underperformance of the restoration site and the natural hydrology of the
reference site.
In order to determine if the rainfall is normal for a given year, rainfall amounts will be
tallied using data from the Greenville, North Carolina (Greenville 2, NC3638 WETS
Station), with supplemental data taken from Snow Hill, North Carolina. The Snow Hill
station is closer to the mitigation site, however this station has experienced periods of
data collection failure in the past.
Alexander Wetland Mitigation Plan 4-2 EBX / Buck Engineering
5 Monitoring Plan
An as-built report will be submitted to the MBRT within 60 days of the planting
completion and well installation. The report will include elevations, photographs, well
and sampling plot locations, and a description of initial species composition by
community type. The report will also include a list of the species planted and the
associated densities.
The monitoring program will be implemented to document system development and
progress toward achieving the success criteria referenced in Section 4. Both hydrology
and vegetation will be assessed to determine the success of the mitigation. The
monitoring program will be undertaken for 5 years or until the final success criteria are
achieved, whichever is longer.
Monitoring Reports will be completed on the schedule found in the approved EBX-Neuse
I Mitigation Banking Instrument (NMI) at Section V Maintenance and Monitoring of the
Bank:
EBXN-I agrees to perform all necessary work to monitor the Bank and to
demonstrate compliance with the Performance Criteria established in this
Banking Instrument and the Site Specific Mitigation Plan(s). Members of
the MBRT may conduct, at their own expense and in coordination with
other Federal and State resource agencies, field investigations to determine
the functions and values of the Bank. The MBRT's best professional
judgment shall be used to determine wetland, upland and habitat functions
and values. Reports resulting from such investigations will be promptly
provided to EBXN- I and its designated agents. The Sponsor may conduct
field investigations at its own expense to determine the functions and
values of the Bank. Reports resulting from such investigations will be
promptly provided to members of the MBRT.
A. Monitoring Reports.
1. The Sponsor shall submit to each member of the MBRT, an annual
report describing the condition of Bank and relating the conditions
of the Bank to the Site Specific Performance Criteria. The report
will be prepared between July 1 and November 15 and shall
include hydrologic data collected during the early growing season.
The report will indicate the dates at which all information in the
report was collected. The report will be submitted on or before
November 30th and shall contain the following:
Alexander Wetland Mitigation Plan 5-1 EBX / Buck Engineering
(a) A U.S. Geological Survey map showing locations of the
Bank Sites;
(b) A detailed narrative summarizing the condition of the Bank
Sites and all regular maintenance activities;
(c) Appropriate topographic maps (e.g., 1-2 feet-contour
intervals) showing location of sampling plots, permanent
photo points, location of transacts, etc.;
(d) Digital photos showing views of the Bank Sites taken from
fixed-point stations from a height of approximately five to
six feet. Permanent markers shall be established to ensure
that the same locations (and view directions) on the site are
monitored in each monitoring period;
(e) Hydrologic information, as specified in each Site Specific
Mitigation Plan.
(f) Vegetation Data, as specified in each Site Specific
Mitigation Plan.
(g) Identify any invasion by undesirable species. Quantify the
extent of invasion of undesirable plants by either stem
counts, percent cover, or area, whichever is appropriate.
Describe and/or quantify damage done by animals.
(h) Wildlife observations: For casual observations, record the
date of observation, number of individuals, presence of
juveniles and use of the site by wildlife.
2. Reports shall be required for each phase of the Bank following the
end of the first growing season after planting and in accordance
with the following schedule:
Once during first year after completion of construction (Year 1)
Once during second year after construction completion (Year 2)
Once during third year after construction completion (Year 3)
Once during fourth year after construction completion (Year 4)
Once during fifth year after construction completion (Year 5)
B.
Remedial Actions.
In the event the Bank or a specific phase of the Bank fails to achieve the
Performance Criteria specified in the Site Specific Mitigation Plans, the
Sponsor shall develop necessary adaptive management plans and/or
Alexander Wetland Mitigation Plan 5-2 EBX / Buck Engineering
implement appropriate remedial actions for the Bank for that phase in
coordination with the MBRT. The MBRT shall review the reports
described above, and may, at any time, after consultation with the
Sponsor and the MBRT, direct the Sponsor to take remedial action at the
Bank site. Remedial action required by the Corps shall be designed to
achieve the Performance Criteria specified in the Site Specific Mitigation
Plans, and shall include a work schedule and monitoring criteria that will
take into account physical and climactic conditions. EBXN-I shall
implement any remedial measures required pursuant to this paragraph.
5.1 Hydrology
The hydrologic success criterion is defined in section 4.1.
In order to determine if the criteria is achieved, two (2) manual and one (1) automated
groundwater-monitoring station will be installed at the mitigation site and monitored
year-round.
Ground water monitoring stations will follow the USACE standard methods found in
WRP Technical Notes ERDC TN-WRAP-00-02, July 2000.
In order to determine if the rainfall is normal for the given year, rainfall amounts will be
tallied using data obtained from the Greenville 2, NC3638 WETS Station.
5.2 Vegetation
The vegetation success criteria is defined in Section 4.2.
Successful restoration of the vegetation on a wetland mitigation site is dependent upon
hydrologic restoration, active planting of preferred canopy species, and volunteer
regeneration of the native plant community.
In order to determine if the criteria are achieved, 0.1 acre vegetation-monitoring stations
will be installed on 2% of the restoration site, for a total of 4 vegetation monitoring
stations. Vegetation monitoring will occur in the spring after leaf-out has occurred.
Individual plot data for woody species will be provided. Permanent plots for the sampling
of planted species shall be randomly located in each of the target communities. The
enumeration of the density of planted species will equal the number of remaining stems
in the plot divided by the plot area (in acres). Individual seedlings will be marked such
that they can be found in succeeding monitoring years. Mortality will be determined from
the difference between the previous year's living planted seedlings and the current year's
living planted seedlings.
Alexander Wetland Mitigation Plan 5-3 EBX / Buck Engineering
6 Reference Wetland
The target wetland system for the Alexander mitigation site is a "non-riverine wet
hardwood forest" (See Section 3.4, Vegetation Plan). At one time, these types of wetland
systems may have comprised more than one quarter of the swamp-lands in the coastal
plain of North Carolina (Schafale and Weakley, 1990). However, these wetland
communities are easily drained and make excellent farmland. Therefore, reference sites
that are an "exact match" for the target wetland system are very difficult to locate. Every
effort has been made to identify a reference site that will accurately reflect the hydrology
of the target wetland system.
The reference site search was based on soils associations, landscape position, natural
hydrology, proximity to the mitigation site and existing data. The Alexander site is
dominated by the Lumbee soil series, which are found within the Johns-Kenansville-
Lumbee associations (NRCS, 1980). After reviewing approximately ten potential sites in
the project vicinity, an existing wetland area adjacent to the project site along the
southern boundary was selected as the "best" hydrologic reference site for the Alexander
Mitigation Plan (see Figure 1.1 for location of the reference site in relation to the
mitigation site). Evaluation of reference wetland sites was conducted by WNRC during
July 2002.
6.1 Reference Site Selection
Hydrology, soils, vegetation and landscape position were evaluated to determine the
suitability of potential reference wetland sites. To be suitable a site has to be dominated
by soils that are found in the same or similar landscape position (topographical and
spatial) as those found on the mitigation site. Additionally, the reference site needs to
have the same approximate natural hydrology as the targeted mitigation site. The
reference site needs to be available for monitoring for the same duration as the
mitigation site and should be in relatively close proximity to the mitigation site.
6.2 Hydrology
The proposed reference site was traversed for the purpose of identifying those areas that
have reference "natural" hydrology similar to the target wetland type. The target wetland
would be saturated for moderate duration, with moderate being defined as approximately
9% of the growing season (see Section 3.3). Existing wetlands on the reference site
exhibit a dominance of wetland species on hydric soils that have both primary and
secondary indicators of hydrology (1987 Wetland Delineation Manual). Field indicators
of hydrology (1987 Wetland Delineation Manual) were characterized and catalogued for
the wetland area (see Appendix 4).
A groundwater monitoring station was established within the proposed reference site
during July 2002. The station was installed to the standards identified in Section 5.1 of
the Mitigation Plan.
Alexander Wetland Mitigation Plan 6-1 EBX / Buck Engineering
6.3 Soils
Soils from the reference site were generally characterized to ensure that they are
representative of the soils found on the mitigation site. The reference site is characterized
primarily by Lumbee soils, which are poorly drained soils typically found on uplands and
stream terraces. This is the same soil series that is found on the mitigation site.
Permeability is moderate, and the NRCS anticipated un-drained seasonal high water table
is at or near the soil surface. Soil conditions were documented and forms are presented in
Appendix 4.
6.4 Vegetation
The presence and dominance of hydrophytic vegetation was documented during onsite
evaluations. The canopy and sub-canopy are dominated by hydrophytic species. Specific
species documented during onsite evaluations are presented in Appendix 4.
6.5 Landscape Position
The reference site is directly adjacent to the Alexander mitigation site, therefore
landscape position of the reference site and mitigation site are virtually the same.
Climactic conditions will be the same for both locations. In the NRCS Soil Survey for
Greene County, both locations are mapped as part of the same contuguous unit of
Lumbee soils.
Alexander Wetland Mitigation Plan 6-2 EBX / Buck Engineering
7 References
Evans, R. O. and R. W. Skaggs. 1985. Agricultural water management for Coastal Plain
soils. Published by the North Carolina Agricultural Extension Service. Paper AG-355.
Skaggs, R. W. 1980. DRAINMOD Reference Report: Methods for design and evaluation of
drainage-water management systems for soils with high water tables. U. S. Department of
Agriculture, Soil Conservation Service. 329 pp.
United States Army Corp of Engineers. 1987. Corp of Engineers Wetland Delineation
Manual. Technical Report Y-87-1. US Army Corp of Engineers, Waterways Experiment
Station.
United States Department of Agriculture, Natural Resources Conservation Service
(NRCS). 1980. Soil Survey of Greene County, North Carolina.
United States Department of Agriculture, Natural Resources Conservation Service
(NRCS), Soil Survey Division. 1995. Hydric Soils of North Carolina.
United States Department of Agriculture, Natural Resources Conservation Service (NRCS).
1997. Part 650, Chapter 19 of the NRCS Engineering Field Handbook: Hydrology Tools for
Wetland Determination.
van Beers, W. F. J. 1970. The auger-hole method: a field measurement of hydraulic
conductivity of soil below the water table. Rev. ed. ILRI Bulletin 1, Wageningen, 32 p.
Alexander Wetland Mitigation Plan 7-1 EBX / Buck Engineering
Appendix 1:
Photographs of the Project Site
s ;
tv fs
• yt+r. .t. R.h,. .?ys s
4

Figure Al. Aerial photograph of Alexander site.

.
00 Project Site
i
Ww-
ks??c• try YS r
S
Figure A2. Aerial photograph of Alexander site.

0

a? ° r
Project Site

` ? Sa

Fig-,_ looking at the site from
the northeast corner.
-1.
Figure A3. Existing ground at the Alexander site under row crop
production.
AL?

i i?rLi r? A6. Distant view of existing agricultural drainage ditches ot,
the mitigation property.
Figure A5. Existing agricultural drainage ditch looking downstream.
Figure A7. Existing pond edge and surrounding vegetation.
Figure A8. Existing wetland and unnamed tributary to Contentnea
Creek. Restored wetland will connect with this system.
Appendix 2:
Letters from the North Carolina Natural
Heritage Program and North Carolina Department
of Cultural Resources

We have conducted a review of the project and are aware of no properties of architectural,
historic, or archaeological significance which would be affected by the project. Therefore, we
have no comment on the project as currently proposed.
North Carolina Department of Cultural Resources
State Historic Preservation Office
David L. S. Brook, Administrator
B. Hunt Jr., Governor Division of Archives and History
Ray McCain, Secretary Jeffrey J. Crow, Director
November 14, 2000
Chris Huysman
Wetland and Natural Resource Consultants
720 South Main Avenue
Newton, North Carolina 28658
Re: Neu-Con Wetland Mitigation and Stream Restoration Sites,
Ham/Dixon Site, Greene County, ER 01-7977
Dear Mr. Huysman:
Thank you for your letter of October 9, 2000, concerning the above project.

The above comments are made pursuant to Section 106 of the National Historic Preservation Act
and the Advisory Council on Historic Preservation's Regulations for Compliance with Section
106 codified at 36 CFR part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above
comment, contact Renee Gledhill-Earley, Environmental Review Coordinator, at 919/733-4763.
e,r n
A
•4PlY.??
Sincerely,
David Brook
Deputy State Historic Preservation Officer
DB:kgc

Location
A 411NISTRATION 507 N. Blount St., Raleigh NC
A CHAEOLOGY 421 N. Blount St., Raleigh NC
RE TORATION 515 N. Blount St., Raleigh NC
SU RVEY & PLANNING 515 N. Blount St,. Raleigh NC
Malliug Address
4617 Mail Scrvicc Center, Raleigh NC 27699-4617
4619 Mail Service Center, Raleigh NC 17699-4619
4613 Mail Service Center, Raleigh NC 27699-4613
4611; Mail Service Center, Raleigh NC 27699.4618
Telephone/Fox
[phone] - 733.8633
[phone] - 715.2671
[phone] - 715-4801
[phone] - 715.4801
i%fto,
October 9, 2000
NC Natural Heritage Program
NC Division of Parks and Recreation
Attn: M. Stephen Hall
1615 Mail Service Center
Raleigh, North Carolina 27699-1615
Re: Request for Protected Species Rcwew and Comment
Neu-Con Wetland 1VMgation and Stream Restoration Sites
Dear Mr. Half:
The puupose of tins letter is to request ? and rwourccs ? ?? stream
might emerge with regxd to
restoration projects aooductod an the attached sites (USGS site maps with apps'
property fines enclosed).
Mw Ncu-Con Wetland 1 and Stream Restmfion Be* has bow devc1oped for
the purpose ofd mWgaiion for uum6dable wetland irq t The bank
?`•
In-l?md
has been qvwvcd by the Anq Carps of F.r&ocrs and wfll result in the protaxion of up
to 1000 acres of aw states valuable wetland rein the gwpapbic, area of
the Neuse River and Couteztnea Creek. Wetland restoration sites were selected based on
their high pivbability to restore forested wWands where:they have ceased to exist
Preservation sites were selected based on their functional value to contain and treat storm
flows and their ecological value as exemplary wetland types.
The `WLarstoa ; "Valentine", and "Wooten" sites are au ready designated as pre="06011
sites. I'00 que&y bottom brad hardwood foc+ests and Cypress gum swamps will be,
protected in pcgnw ty through a eonservstion Wit. AU of the sites have
demonstrable avideuoe of historic IM M some 60 yto ago- Tim PIUCUM esse'W
will allow these sites to once again achieve c imroc commcunties. Of oote. the Wooten and
Valentine sites support Bald Cypress in excess of to fact in C wmffimxm above the
buttress. These sites are strategically located adjacat to Corrtartnea Creek. the Neusc
River and the Trent River.
-1-e - am Caseyllmef, and "Webb sites we slated for restoratwn.
Ctirrrrttiy all of these properties support row amps and acre deserted as prior Converted
Wetlands through the Farm BE of 1996. These sites have been ycatioa of d? s ? the
1960's on a ratatian of corn. soybeans, and cotton- Tbc aPP
`, resulted in little plant diversity in the regalarlY maintained ditches. Through our
discussions with farmers we have learned that the ditches are mowed to the growid level
v Woadmately once every 3 years and that the historic application of defoliants was
greater than it is today.
Conceptual mitigation plans call for the bade-filEW of agricultural ditches for the Purpose
of restoring historic wetland hydrology and native plant communities to areas where they
have ceased to exist. No mass graft is proposed; we pose only minimal grading and
as such do not anticipate any conflict with any protected species.
All onitigation sites will be protected through a eonsdva$oa easenent- These easements
will not encompass any structures. The Owniam on the preservation sites will maintain
the =rod eoologW state of the site. Pease forward my conoepkW protection
mechanisms or vcd)iagc gem mm to you expertise that you would like for us to consider
as an amendment to the ease ed.
We believe that it is appropriate to reach a `Ho Effect" der ort for each of the Lsted
species as no adverse impact will occur from the proposed restoration efforts- These
detammations are supported by the following facts specific to each fisted species in the
vicinity of the proposed mitigation sites:
Bald Eagle:
No nesting trees wilt be lost dwoush the restoration of forests on
-/L agricuhural lands. No open water will be impacted by the proposed
Pro1ect-
Red Cockaded Woodpecker:
No foraging or nesting habitat will be lost through the restoration of forests
on agxieuhuaral lands. No forest suitable for this spepes fies within portions
of theses properties that will be protected through conservation easmlents-
American Alligator:
Preservation sites are suitable habitat for this species. These habitats will
be maintained through the forthcoming conservation easements.
Sensitive Joint Vetch:
No specimens were observed during our review of the sites. Intensive
agronomic appixations of pesticides and des has resulted is a
community type that is tolerant to these duenieals.
We wish to obtain your concurrence that no impact assessment or additional studies are
needed. Your correspondence will be forwarded to the North Carolina Department of
Transportation for consideration as part of our due diligence for each mitigation site. Our
due diligence for the project will consist of a site map, a description of the species and its
preferred habitat, and a conclusion that there will be no effect on federally protected
I%W species.
v We thank you in advance for your timely response and cogxrWon. Please fcd free to
contact us with any questions that you may have coucuaing the extent of site disturbance
associated with these pcojects.
We, Gave reviewed the &&M W of vocks for the COutdies is Mich the sites
fad; we line =duded marine species from our meviewa We am mready evakuft the
dtes for fcdaally protected dies ftwgh ammpassi g aaveys of the sites We have.
not completed our reviews and wit rvscut our 6ndP vAm studies am °0MPIcted'
Sincerely,
Chris Huysman
%kow

`d1,
?r
November 13, 2000
Mr. Chris Huysman
Wetland and Natural Resource Consultants
720 South Main Ave.
Newton, NC 28658
PHILIP K.MCKNELLY
DIVISION OF PARKS AND RECREATION
Subject: Neu-con Wetland Mitigation and Stream Restoration Sites
Dear Mr. Huysman:
The Natural Heritage Program has no record of rare species at any of the indicated
sites. The reasons for determination of no effect on the four federally listed species
indicated seem appropriate. We encourage consideration, in addition, of effects on state
listed and rare species. Rare aquatic species (Neese River waterdog Nedurus lewisic)
are ]mown from the Neuse River adjacent to the Valentine Site and Wooten Site, and
from the Trent River downstream from the Marston Site. These species are likely to
benefit from any improvement in water quality resulting from wetland mitigation. No
rare terrestrial species are known on any of these sites or within a mile of them.
The Natural Heritage Program supports the use of preservation as a mitigation strategy
where relatively intact, natural wetland communities are present. We also support
having restoration sites contiguous to existing natural systems rather than isolated.
Several of the areas indicated appear to be good candidates. The Valentine Site adjoins
a Natural Heritage Priority A><•ea known as Jolly Old Field Natural Area, known for
high quality natural communities. This site is not protected. The Marston and Wooten
sites also adjoin large floodplains with relatively intact forested wetlands.
Sincerely,
Michael P. Schafale
Natural Heritage Program
MPS/mps
sc.?ea?
1615 MAIL SERVICE CENTER, RALKIOH. NORTH CAROLINA 27699-1 61 5
PNoNE 919-733-4161 FAX 919-71S-3085
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION E14PLOVER - 50% RECYCLED/10% POST-CONSUMER PAPER
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Appendix 3:
DrainMod Input Files Used to Model
the Existing Condition and the Proposed
Restoration Practices of the Project Site
DRAINMOD GEN File Used to Model the Existing Conditions of the Alexander Site
"' Job Title -
EBX Alexander Site - Greene County
Printout and Input Control "'
3 100 C:\DRAINMOD\outputs
"' Climate "'
1 C:\DRAINMOD\INPUTS\EBX-ALEXANDER\GREENVIL.RAI
1 C:\DRAINMOD\INPUTS\EBX-ALEXANDER\GREENVIL.TEM
1971 1 2001 12 3527 77 0
1.94 2.32 2.091.73 1.231.02 .89 .84 .95 1.07 1.23 1.38
•" Drainage System Design -
1 .00
106.00 129.55 12000.00 1.00 2.50 .50 6.34 20.00
0 2.000000E-02 10000.000000
0 145.000000 1.000000 1.000000E-03
0 12.000000 160.000000 3000.000000 2.000000
200.00 .50 .00
1120 1120 1120 1120 1120 1120 1120 1120 1120 1120 1120 1120
"' Soils -
240.00 10.00
10. 4.00 45. 6.00 70.7.00140. 9.00 300. 9.00
99 .00
"' Trafficability ••'
41 51 820 3.9 1.2 2.0
12321232 820 3.9 1.2 2.0
' "Crop' `
.190
410818 30.00
410 818
11
1 1 3.00 416 3.00 5 4 4.00 51715.00 61 25.00 620 30.00 718 30.00 820 20.00
92410.00 925 3.001231 3.00
"' Wastewater Irrigation ••'
0 11 10 1 6
00 00 00 00
7.00000 1.00000 .40 .40 .40 .40 .40 .40 .40 .40 .40 .40 .40 .40
WET - Wetlands Information
1
75 317
30.0 12
COM "' Combo Drainage Weir Settings
000 .0
000 .0
000 .0
000 .0
000 .0
000 .0
000 .0
000 .0
000 .0
000 .0
000 .0
000 .0
000 .0
000 .0
000 .0
000 .0
000 .0
000 .0
000 .0
000 .0
000 .0
000 .0
000 .0
000 .0
FPE ••' Fixed Avg Daily PET for the month(cm)
1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
MRA'•' Monthly Ranking •"'
0
FAC Daily PET Factors •"
0
STMSoil Temperature
ZA ZB TKA TKB TB TLAG TSNOW TMELT CDEG CICE
.000 .000 .000 .000 .0 .0 .0 .0 .0 .0
Initial Soil Temperature
0
Initial snow depth(m) 8. density(kg/m3)
.00 .00
Freezing characteristic curve
0
DRAINMOD SIN File Used to Model the Existing Conditions of the Alexander Site
Based on Portsmouth soil series
2418
.3655000 .0
.3535000 -1.0
.3410000 -3.0
.3325000 -10.0
.3270000 -20.0
.3205000 -30.0
.3155000 -40.0
.3105000 -50.0
.3035000 -70.0
.3000000 -80.0
.2930000 -100.0
.2825000 -150.0
.2740000 -200.0
.2650000 -250.0
.2555000 -300.0
.2450000 -350.0
.2330000 -400.0
.2200000 -450.0
.2085000 -500.0
.1900000 -600.0
.1790000 -700.0
.1675000 -900.0
.1650000 -1000.0
.1500000 -1500.0
.0000 .0000 .8000
10.0000 .0858 .3000
20.0000 .2080 .1000
30.0000 .4280 .0500
40.0000 .6004 .0120
50.0000 .9295 .0080
60.0000 1.7000 .0050
80.0000 2.5244 .0030
100.0000 3.5624 .0000
120.0000 4.5505 .0000
140.0000 6.0340 .0000
160.0000 6.3131 .0000
180.0000 7.5069 .0000
200.0000 9.8179 .0000
220.0000 11.1522 .0000
240.0000 13.4866 .0000
250.0000 18.6537 .0000
1000.0000 100.0000 .0000
6
.00 .00 .00
50.00 1.20 .75
100.00 6.50 1.20
150.00 10.00 1.50
200.00 12.00 1.50
500.00 15.00 1.50
DRAINMOD GEN File Used to Model the Restoration Design - Center of the Site
*** Job Title ***
EBX Alexander Site - Greene County
*** Printout and Input Control ***
3 100 C:\DRAINMOD\outputs
*** Climate -
1 C:\DRAINMOD\INPUTS\EBX-ALEXANDER\GREENVIL.RAI
1 C:\DRAINMOD\INPUTS\EBX-ALEXANDER\GREENVIL.TEM
1971 1 2001 12 3527 77 0
1.94 2.32 2.09 1.73 1.23 1.02 .89 .84 .95 1.07 1.23 1.38
*** Drainage System Design **'
1 .00
10.00 195.92 9000.00 4.00 2.50 2.00 2.77 20.00
0 2.000000E-02 10000.000000
0 145.000000 1.000000 1.000000E-03
0 12.000000 160.000000 3000.000000 2.000000
200.00 .50 .00
1120 1120 1120 1120 1120 1120 1120 1120 1120 1120 1120 1120
*** Soils **'
240.00 4.00
10. 4.00 45. 6.00 70. 7.00 140. 9.00 300. 9.00
99 .00
*** Trafficability *'*
4 1 5 1 820 3.9 1.2 2.0
12321232 820 3.9 1.2 2.0
*• Crop ***
.190
410 818 30.00
410 818
11
1 1 3.00 416 3.00 5 4 4.00 517 15.00 6 1 25.00 620 30.00 718 30.00 820 20.00
924 10.00 925 3.001231 3.00
*** Wastewater Irrigation '**
0 1 1 10 1 6
0 0 0 0 0 0 0 0
7.00000 1.00000 .40 .40 .40 .40 .40 .40 .40 .40 .40 .40 .40 .40
WET *** Wetlands Information ***
1
75 317
30.0 30
COM *** Combo Drainage Weir Settings ***
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 _0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
FPE *** Fixed Avg Daily PET for the month(cm)
1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
MRA Monthly Ranking
0
FAC '** Daily PET Factors ***
0
STM Soil Temperature ***
ZA ZB TRA TRB TB TLAG TSNOW TMELT CDEG CICE
.000 .000 .000 .000 .0 .0 .0 .0 .0 .0
Initial Soil Temperature
0
Initial snow depth(m) & density(kg/m3)
.00 .00
Freezing characteristic curve
0
DRAINMOD GEN File Used to Model the Restoration Design - Middle of the Site
Job Title *'*
EBX Alexander Site - Greene County
*** Printout and Input Control ***
Printout
T
T ,
C:\DRAINMOD\outputs
*** Climate ***
1 C:\DRAINMOD\INPUTS\EBX-ALEXANDER\GREENVIL.RAI
1 C:\DRAINMOD\INPUTS\EBX-ALEXANDER\GREENVIL.TEM
1971 1 2001 12 3527 77 0
1.94 2.32 2.09 1.73 1.23 1.02 .89 .84 .95 1.07 1.23 1.38
*** Drainage System Design ***
1 .00
25.00 192.19 12000.00 2.00 2.50 1.50 4.90 20.00
0 2.000000E702 10000.000000
0 145.000000 1.000000 1.000000E-03
0 12.000000 160.000000 3000.000000 2.000000
200.00 .50 .00
1120 1120 1120 1120 1120 1120 1120 1120 1120 1120 1120 1120
*** Soils ***
240.00 4.00
10. 4.00 45. 6.00 70. 7.00 140. 9.00 300. 9.00
99 .00
*** Trafficability ***
4 1 5 1 820 3.9 1.2 2.0
12321232 820 3.9 1.2 2.0
** Crop **
.190
410 818 30.00
410 818
11
1 1 3.00 416 3.00 5 4 4.00 517 15.00 6 1 25.00 620 30.00 718 30.00 820 20.00
924 10.00 925 3.001231 3.00
*** Wastewater Irrigation ***
0 1 1 10 1 6
0 0 0 0 0 0 0 0
7.00000. 1.00000 .40 .40 .40 .40 .40 .40 .40 .40 .40 .40 .40 .40
WET *** Wetlands Information ***
1
75 317
30.0 23
COM *** Combo Drainage Weir Settings ***
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
FPE *** Fixed Avg Daily PET for the month(cm) ***
1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
MRA *** Monthly Ranking ***
0
FAC *** Daily PET Factors ***
0
STM *** Soil Temperature ***
ZA ZB TRA TXB TB TLAG TSNOW TMELT CDEG CICE
.000 .000 .000 .000 .0 .0 .0 .0 .0 .0
Initial Soil Temperature
0
Initial snow depth(m) 6 density(kg/m3)
.00 .00
Freezing characteristic curve
0
DRAINMOD.GEN File Used to Model the Restoration Design - Outer Edge of the Site
*•• Job Title **`
EBX Alexander Site - Greene County
T
Printout and Input Control **"
,
3 100 C:\DRAINMOD\outputs
**' Climate **"
1 C:\DRAINMOD\INPUTS\EBX-ALEXANDER\GREENVIL.RAI
1 C:\DRAINMOD\INPUTS\EBX-ALEXANDER\GREENVIL.TEM
1971 1 2001 12 3527 77 0
1.94 2.32 2.09 1.73 1.23 1.02 .89 .84 .95 1.07 1.23 1.38
*** Drainage System Design **"
1 .00
40.00 184.20 15000.00 1.50 2.50 1.00 5.93 20.00
0 2.000000E-02 10000.000000
0 145.000000 1.000000 1.000000E-03
0 12.000000 160.000000 3000.000000 2.000000
200.00 .50 .00
1120 1120 1120 1120 1120 1120 1120 1120 1120 1120 1120 1120
Soils ***
*
240.00 4.00
10. 4.00 45. 6.00 70. 7.00 140. 9.00 300. 9.00
99 .00
9%
Trafficability ••*
4 1 5 1 820 3.9 1.2 2.0
12321232 820 3.9 1.2 2.0
*• Crop **
.190
410 818 30.00
410 818
11
1 1 3.00 416 3.00 5 4 4.00 517 15.00 6 1 25.00 620 30.00 718 30.00 820 20.00
924 10.00 925 3.001231 3.00
*** Wastewater Irrigation **'
0 1 1 10 1 6
0 0 0 0 0 0 0 0
7.00000 1.00000 .40 .40 .40 .40 .40 .40 .40 .40 .40 .40 .40 .40
WET *** Wetlands Information ***
1
75 317
30.0 17
COM *"" Combo Drainage Weir Settings ***
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
0 0 0 .0
FPE *•* Fixed Avg Daily PET for the month(cm) ••*
1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
MRA **• Monthly Ranking ••*
0
FAC *** Daily PET Factors '•*
0
STM '•• Soil Temperature **`
ZA ZB TKA TKB TB TLAG TSNOW TMELT CDEG CICE
.000 .000 .000 .000 .0 .0 .0 .0 .0 .0
Initial Soil Temperature
0
Initial snow depth(m) & density(kg/m3)
.00 .00
Freezing characteristic curve
0
Appendix 4:
Reference Wetland Evaluation Forms
provided by Wetland and Natural Resource Consultants, Inc.
Delineation Performed by: Wetland and Natural Resource Consultants, Inc.
PO Box 224
Newton, NC 28658
Phone: [phone] Fax: [phone]
WETLAND DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: ALEXANDER REFERENCE SITE Date: JULY 17, 2002
Applicant/Owner: EBX County: GREENE COUNTY
Investigator: YELVERTON, HUYSMAN State: NORTH CAROLINA
Do normal circumstances exist on the site? Yes Community ID: Wetland Hardwood Forest
Is the site significantly disturbed? No Transect ID: Wetland Sampling Point
(Atypical situation)
Is the area a potential problem area? No Plot ID:
(If needed, explain on reverse.)
VEGETATION
1. Diospyros virginiana tree FAC
2. Liquidamber styrac. tree FAC+
3. Quercus Nigra tree FAC
4. Acer rubrum tree FAC
5. Myrica cerifera shrub FAC+
6. Clethra alnifolia shrub FACW
7. Symplocis tinctoria shrub FAC
8. Arundinaria gigantea shrub FACW
9. Smilax rotundifolia shrub FAC
10. Parthenocissus quin. shrub FAC
11.
12.
13.
14.
15.
16.
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 100 %
Remarks:
HYDROLOGY
Recorded Data (describe in remarks)
Stream, Lake or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth of Surface Water: (in.)
Depth to Free Water in Pit: (in.)
Depth to Saturated Soil: _35_ (in.)
Wetland Hvdroloev Indicators:
Primarv Indicators:
Inundated
Saturated in Upper 12 Inches
Water Marks
X Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators: (2 or more required)
X_ Oxidized Root Channels in
Upper 12 Inches
X Water-Stained Leaves
X Local Soil Survey Data
FAC Neutral Test
Other (explain in remarks)
Remarks: Groundwater is extremely low due to drought conditions. Investigators best professional
judgement is that hydrology is met during normal years.
Map Unit Name
(Series and Phase): Lumbee Drainage Class: poorly drained
Field Observations:
Taxonomy (Subgroup): Typic Ochraquults Confirm Mapped Type? Yes, Greene County Soil Survey
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
(ins.) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc.
0-11 A 10YR 4/2 Sandy Loam
11-30 B 1 10YR 4/1 Sandy clay loam
30+ B2 10YR 511 Coarse sandy clay loam
Hydric Soil Indicators:
Histosol
Histic Epipedon
Sulfidic Odor
Aquic Moisture Regime
Reducing Conditions
Gleyed or Low-Chroma Colors
Remarks:
Concretions
High Organic Content in Surface Layer in Sandy Soil
Organic Streaking in Sandy Soils
_X_ Listed on Local Hydric Soils List
_X_ Listed on National Hydric Soils List
Other (explain in remarks)
Wetland Determination
(yes or no)
Hydrophytic Vegetation Present? YES
Wetland Hydrology Present? YES
Hydric Soils Present? YES
Is This Sampling Point Within a Wetland? YES
Remarks:
Appendix 5:
Hydrologic Unit Code Service Area Map
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Appendix 6:
Credit Accounting Ledger Sheet
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Appendix 7:
Sample Conservation Easement
PREPARED BY AND AFTER
RECORDING RETURN TO:
CONSERVATION EASEMENT AGREEMENT
THIS CONSERVATION EASEMENT AGREEMENT (this "Agreement") is made
this _ day of . 2001, by and between , with an
address of ("Grantor"), and ENVIRONMENTAL
BANC & EXCHANGE, LLC, a Maryland corporation, with an address of 10055 Red Run
Boulevard, Suite 130, Owings Mills, Maryland 21117-4860 ("Grantee").
The designations "Grantor" and "Grantee" as used herein shall include said parties and
their respective personal representatives, heirs, executors, successors and assigns, and shall
include the singular, plural, masculine, feminine or neuter as required by the context.
RECITALS
WHEREAS, Grantor owns in fee simple approximately (___) acres of
real property situate, lying and being in County, , and more
particularly described in Exhibit A attached hereto and made a part hereof (the "Property");
WHEREAS, Grantor and Grantee recognize the conservation and open space value of the
Property in its present state as a scenic, natural and rural area that has not been subject to
significant development and as a significant area that provides a "relatively natural habitat for
fish, wildlife, or plants or similar ecosystem" as that phrase is used in Section 170(h)(4)(A)(ii)
of the Internal Revenue Code;
WHEREAS, Grantor and Grantee further recognize the conservation and open space
value of the Property in its present state, the preservation of which (a) is pursuant to local, state
and federal government policy, and will provide for scenic enjoyment of the general public and
(b) will yield significant public benefit;
WHEREAS, Grantor and Grantee recognize that the conservation and open space value
of the Property may be enhanced by certain remedial or restorative actions;
WHEREAS, one or more federal, state and/or local governmental or quasi-governmental
agencies and authorities (individually, a "Governmental Authority" and collectively, the
"Governmental Authorities"), including but not limited to the United States Army Corps of
Engineers (the "Corps"), has approved or may hereafter from time to time approve the use of all
or any portion of the Property to mitigate the detrimental impact of certain development
activities (e.g_, the unavoidable impact of such activities on streams and wetlands), as the same
has been or may hereafter from time to time be detailed in one or more licenses, approvals,
consents and/or permits (individually, a "Permit" and collectively, the "Permits") issued or
hereafter from time to time issued by one or more Governmental Authorities; and
WHEREAS, Grantor has agreed to grant and convey a perpetual conservation easement
in, over and upon the Property, thereby restricting and limiting the use of the Property on the
terms and conditions and for the purposes hereinafter set forth;
NOW, THEREFORE, for and in consideration of the covenants and representations
contained. herein for other good and valuable consideration, the receipt and legal sufficiency of
which are hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and
conveys unto Grantee, its successors and assigns, forever and in perpetuity a filly transferable
conservation easement of the nature and character and to the extent hereinafter set forth, in, over
and upon the Property, together with the right to preserve and protect the conservation and open
space values thereof, as follows:
ARTICLE I.
PURPOSES
The purposes of the conservation easement hereby granted by Grantor to Grantee (the -
"Conservation Easement") are to preserve and protect the conservation and open space value of
the Property and the natural character of the Property. To achieve these purposes, the parties
hereto agree to the conditions and restrictions set forth below.
ARTICLE H.
DURATION OF EASEMENT
The Conservation Easement shall be perpetual. The Conservation Easement is an
easement in gross, runs with the land comprising the Property, is fully assignable, and is
enforceable by Assignee, its successors or assigns, against Grantor and Grantor's personal
representatives, heirs, executors, successors, assigns, lessees, agents, invitees and licensees.
ARTICLE III.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes of the
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 and open
space value of the Property.
Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited, restricted or reserved as indicated hereunder, unless otherwise expressly
authorized pursuant to a Plan (as defined in Paragraph VIII.B. 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
BALTD1:4%-1WV11 2
animal species is prohibited unless Grantee shall give its prior written consent or as otherwise
permitted herein.
B. Construction and Residential Use. 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, except with the prior written consent
and written approval of Grantee. Residential use of the Property is prohibited.
C. Industrial and Commercial Use. Industrial and/or commercial activities, including
any right of passage used in conjunction with commercial or industrial activities, are prohibited
on the Property.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, and
horticultural use of the Property is prohibited.
E. Silvicultural Use and Land Clearing. There may be no destruction or cutting of
trees or plants on the Property, except to control insects and disease, or as may be authorized by
Grantee, or except as otherwise provided herein.
F. Si e. Display of billboards, signs or advertisements is prohibited on or over
the Property, except the posting of no trespassing signs, signs identifying the conservation and
open space value of the Property or other permitted use of the Property and/or signs identifying
Grantor as owner of the Property and Grantee as the holder of a conservation easement on the
Property.
G. DumpingLor Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste,
or any placement of underground or aboveground storage tanks or other materials on the
Property is prohibited.
H. Mineral Use, Excavation, Dredging. There shall be no grading, filling, 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.
1. Water Quality and Drainage Pattern. Except as otherwise authorized by Grantee,
there shall be no activities conducted on the Property that would be detrimental to water purity or
any of the plants or habitats within the Property or that would alter natural water levels, drainage,
sedimentation and/or flow in or over the Property, or cause soil degradation or erosion.
Except as otherwise authorized by Grantee, diking, dredging, alteration, draining, filling or
removal of wetland is prohibited. Notwithstanding the above, Grantor reserves the right, but not
the obligation, to undertake such activities as are designed to maintain, protect or restore natural
drainage patterns or wetland values.
13ALW:4%-1Vv1 1 3
J. Subdivision. Subdivision, partitioning, or dividing the Property is prohibited.
K. Vegetative Cutting. Cutting, removal, mowing, harming or destruction of
vegetation on the Property is prohibited except: (1) in instances where such activities are deemed
necessary for the health and safety of nearby residents or the general public, but only if such
activities are approved by Grantee, (2) when considered necessary for the continued maintenance
of wetland functions, or (3) as otherwise authorized by Grantee.
ARTICLE IV.
GRANTOR'S ADDITIONAL RESERVED RIGHTS
Grantor and its personal representatives, heirs, executors, successors and assigns hereby
reserve the right to quiet enjoyment of the Property, the rights to ingress and egress to the
Property, the right to grant access to the Property to implement any Plan and ensure continued
adherence to any Plan, the right to continue such uses as exist as of the date of this grant not
inconsistent with the Conservation Easement or this Agreement and the right to sell, transfer, gift
or otherwise convey the Property, in whole or in part, provided such sale, transfer, gift or
conveyance is subject to the terms of, and shall specifically reference, this Agreement and
written notice is provided to Grantee in accordance with the provisions set forth below.
ARTICLE V.
GRANTEE'S RIGHTS
-Grantee is hereby granted the right, but not the obligation, to develop one or more
management plans for the natural plant and animal communities found to exist on the Property
together with the right to implements any and all such management plans, at Grantee's expense,
and the right to use the Property for educational, scientific and charitable purposes consistent
with the conservation purposes and reserved rights of Grantor, set forth in this Agreement
(including but not limited to construction and maintenance of fences, interpretative walkways,
nature trails and supervised field trips), provided that any management plan or the design and
location of any. construction shall be subject to the approval of Grantor, which shall not be
unreasonably withheld, conditioned or delayed. Grantee is granted the right, but not the
obligation, to identify, create, preserve and protect in perpetuity the existing condition of the
Property or such other condition of the Property as may be required by any Plan_ Grantee is also
granted the right to enter the Property during normal business hours for purposes of monitoring
the terms of this Agreement.
ARTICLE VI.
ENFORCEMENT AND REMEDIES
A. Upon any breach of the terms of this Agreement by Grantor, its agents, personal
representatives, heirs, executors, successors, or assigns, which comes to the attention of Grantee,
Grantee may notify Grantor in writing of such breach. Grantor shall have thirty (30) days after
receipt of such notice to undertake actions that are reasonably calculated to promptly correct the
M1M:456792v1 1 4
conditions constituting such breach. If the breach remains uncured after thirty (30) days, Grantee
may exercise any or all, or none, of the following remedies:
1. Institute one or more suits to enjoin any breach or enforce any covenant by
temporary and/or permanent injunctions either prohibitive or mandatory
and/or to recover any damages from injury to any conservation or open
space value protected by the Conservation Easement, including damages
for the loss of scenic, aesthetic, historic or environmental values, and
attorneys fees if Grantee prevails; and
2. Require that the Property be restored promptly to the condition required
by this Agreement.
B. Grantee has the right, but not the obligation, to prevent any activity on or use of
the Property that is inconsistent with the purposes of the Conservation Easement and this
Agreement. Grantee's remedies shall be cumulative and shall be in addition to any other rights
and remedies available to Grantee at law or equity. If Grantee, in its sole discretion, determines
that circumstances require immediate action to prevent or mitigate significant damage to the
conservation or open space value of the Property, Grantee may pursue its remedies without prior
notice to Grantor, but shall exercise reasonable efforts to notify Grantor. .
C. No failure on the part of Grantee to enforce any covenant, condition or provision
hereof shall discharge or invalidate such covenant, condition or provision, or any other covenant,
condition or provision hereof or affect the right of Grantee to enforce the same in the event of a
subsequent breach or default.
D. Nothing contained in this Agreement shall be construed to entitle Grantee to bring
any action against Grantor for any injury or change in the Property resulting from causes beyond
Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third
parties, except Grantor's lessees, contractors, agents, representatives, licensees 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.
E. It is agreed by the parties hereto that the covenants, conditions, terms and
restrictions contained herein shall be binding upon the parties, their respective personal
representatives, heirs, executors, successors and assigns and shall continue as a servitude running
in perpetuity with the Property. It is expressly understood and agreed that Grantee shall have the
absolute right, from time to time, to assign, sell, transfer or encumber its right, title and interest
in, to and under this Agreement, the Conservation Easement and/or the Property., in whole or in
part, as to all or part of the Property, to any person or entity without the consent of Grantor. As
an alternative to an assignment, sale or transfer by Grantee of its right, title and interest in, to and
under this Agreement, the Conservation Easement and/or the Property, in whole or in part, as to
all or a part of the Property, to any person or entity (individually, a "New Grantee" and
collectively, the "New Grantees"), Grantor agrees that it shall, upon written request by Grantee,
grant to one or more New Grantees designated by Grantee in such written request, a new
conservation easement on the same terms and conditions set forth herein, with respect to all or
any portion of the Property (as designated by Grantee in the aforementioned written request), and
upon the recordation of any such new conservation easement in the appropriate public records,
BALTW.4WS2v11 5
this Agreement and the Conservation Easement herein granted shall be terminated with respect
to so much of the Property as is subjected to such new conservation easement.
ARTICLE VII.
PUBLIC ACCESS
The granting, making and imposition of the Conservation Easement as herein provided
does not convey to the public the right to enter the Property for any purpose whatsoever.
ARTICLE VIII.
EXEMIT, DOCUMENTATION AND TITLE
A. Legal Description. Exhibit A, identifying the Property, is attached hereto and
made a part hereof by reference.
B. Plans. Grantee has submitted and/or may hereafter from time to time submit to
one or more Governmental Authorities one or more plans intended to enhance, restore, preserve
and protect the conservation and open space values of all or any part of the Property and the
natural character of all or any part of the Property. Upon written request by Grantee, Grantor
shall execute and deliver such applications and other documents and take such other actions as
Grantee may reasonably require in connection with Grantee's efforts to obtain approval of any
such plan by the applicable Governmental Authorities. All such plans now or approved by any
applicable Governmental Authority are herein referred to individually as a "Plan" and
collectively as the "Plans." Grantor acknowledges that any Plan attached hereto and made a part
hereof as Exhibit B accurately establishes the uses, and conservation and open space values and
condition of the Property, or so much thereof as is specified therein, as of the date hereof With
respect to any Plan hereafter approved by any Governmental Authority, Grantor and Grantee
shall execute, deliver and cause to be recorded in the appropriate public records a supplement to
this Agreement that sets forth such Plan m its entirety and adds such Plan to Exhibit B hereto,
and the execution of any such supplement by Grantor shall constitute an acknowledgement by
Grantor that the Plan referred to therein accurately establishes the uses, and conservation and
open space values and condition of the Property, or so much thereof as is specified therein, as of
the date thereof Exhibit B, if any, attached to this Agreement as of the date hereof is made a
part hereof by reference. Any Exhibit B attached to any supplement to this Agreement that is
recorded as provided above, shall be made a part of this Agreement by reference.
C. Title. Grantor covenants and represents that Grantor is the sole owner of and is
seized of the Property in fee simple and has the right to grant, make, declare and impose the
Conservation Easement; and that the Property is free and clear of any and all encumbrances,
except easements, leases, restrictions, rights of way, if any, and government regulations of
record.
BAL'M1:4%7Wv1 1 6
ARTICLE IX.
MISCELLANEOUS
A. Subsequent Transfers. Grantor, for itself and its personal representatives, heirs,
executors, successors and assigns regarding the Property, further declares that the Conservation
Easement and the other covenants, conditions, restrictions, limitations and agreements set forth
herein shall run with the land comprising the Property and be binding thereon, without the
necessity of making specific reference to this Agreement or the Conservation Easement in any
subsequent lease, deed, or other legal instrument by which any interest in the Property is
conveyed.
B. Conservation Purpose.
1. Grantor, for itself and its personal representatives, heirs, executors,
successors and assigns, declares that the Conservation Easement is
established exclusively for conservation purposes, as defined in 26
U.S.C. Section 170(h)(4)(A).
2. Grantor declares that the terms of this Agreement and the 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 written approval of the
Grantee.
C. Construction of Terms. This Agreement and the Conservation Easement
shall be construed to promote the purposes of the enabling statute of the jurisdiction in
which the Property is located, which authorizes the creation of conservation easements for
purposes including the conservation purposes of the Conservation Easement, including
such purposes as are defined in 26 U.S.C. Section 170(h)(4)(A).
D. Reco . Grantee or Grantor may record this instrument and any amendment or
supplement hereto or any assignment of Grantee's rights hereunder or thereunder in the
applicable public records of the jurisdiction in which the Property is located, and Grantee or
Grantor may re-record this instrument and any amendment or supplement hereto or any
assignment of Grantee's rights hereunder or thereunder at any time as may be required to
preserve its rights under this Agreement.
E. Hazardous Waste. The Grantor covenants and represents that, to the best of
Grantor's knowledge, no hazardous substance or hazardous or toxic waste exists nor has been
generated, treated, stored, used, disposed of or deposited in or on the Property.
F. Notices. Any notices given under this Agreement shall be in writing and shall be
delivered by depositing same in the U.S. Mail, certified, return receipt requested, postage prepaid
and addressed to the parties as set forth above, or to such other addresses any such party may
establish in writing to the others, pursuant to this notice provision.
G. Amendments. This Agreement may be amended only by a writing, signed by
Grantor and Grantee, and any such amendment(s) shall be effective upon recording of such
writing in the applicable public records of the jurisdiction in which the Property is located.
salo,:456792v,
H. Severability. Should any part, term or provision of this Agreement be declared by
any tribunal of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity
and enforceability of the remaining parts, terms or provisions shall not be affected thereby, and
said illegal, unenforceable, or invalid part, term or provision shall be deemed not to be a part of
this Agreement.
1. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the jurisdiction in which the Property is located.
J. Headings. The headings contained in this Agreement are for reference purposes
only and shall not affect the meaning or interpretation hereof.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns forever. The covenants
agreed to and the terms, conditions, restrictions and purposes imposed as aforesaid shall be
binding upon Grantor, Grantor's personal representatives, heirs, executors, successors and
assigns, and shall continue as a servitude in perpetuity with the Property.
IN WITNESS WHEREOF, the Grantor and Grantee hereto have set their hands and seals
and caused these presents to be executed in their respective names by authority duly given, and,
to the extent required, their corporate seal affixed, the day and year above first written.

GRANTOR:
By: (SEAL)
GRANTEE:
By: (SEAL)
[ADD NOTARY ACKNOWLEDGEMENTS AND ANY OTHER
FORMALITIES REQUIRED BY LAW TO PERMIT RECORDING].
enL'MI.-4,%792v,IG259640000 PM-'MI 8
THE AMERICAN INSTITUTE OF ARCHITECTS

Bond #53SB103291475
AIA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party span be considered plural where applicable
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
EBX-Reuse I, LLC Travelers Casualty & Surety Company of America
10055 Red Run Blvd, Suite 130 Hartford, Connecticut 06183-9062
Owings Hills, MD 21117
OWNER (Name and Address):
North Carolina Department of Transportation
Room 462 Transportation Building
P 0 Box 25201
Raleigh, NC 27611
CONSTRUCTION CONTRACT
Date:
Amount: $6,742,296.00
Oescription (Name and Location): Neu-Con Mitigation Project - Performance Agreement
with North Carolina Department of Transportation
DVND
Date (Not earlier than Construction Contract Date):
Amount: $6,742,296_00
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
E Bompanyy: I, !LC (Corporate Sean
-Neuse
Signature:
Name and Tit
(Any additional signatures appear on page 3)
October 5, 2000
® None ? See Page 3
SURETY
Travelers s Casualty & Surety (Corporate Sea[)
7 Y y Company of America
Signature:
Name and Title-Alex G. oddey, Atto -in-Fact
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
BB&T Givens & Williams Insurnace Services other party):
3975 Fair Ridge Drive, #110
Fairfax, VA 22033
Phone: [phone]
714 AWRICAN INSTITUTE OF ARRCH TtCfe Ste. 117 135 AND NEW YoRK ? AW., N.w. W SA HBE NC70 . D.C. 70006
THIRD PRINTRJ(; • MARCH 1907 A312-19" T
n-
I The Contractor and the 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 shalt have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If 'ttteee is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not latex than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contram if the Owner. the Contractor and the
Surety agree. the Contractor shag be allowed a reason-
able time to perforce the Construction Contract, but
such an agreewrent ship riot waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Wm* and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
dated earlier than twenty days after the Cottractorand
the Surety have received notice as provided in Sub-
paragraph 3.1: and
3.3 The owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in rccor-
dance with the terms of the contract with the Owner-
4 When the Owner has satisfied The Conditions of Para-
graph 3. -.he Surety shall prontpdy and at the Surety's ex-
peose take one of the following actions:
4.i Aarange for the Contractor. with consent of the
Owner. to perform and complete the Construction
Contract. or
42 Undertake to perform and complete the Construe
tion Contract itself, through its agents or through inde-
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Owners concurrence. to be secured
with performance and payment bonds ewcuted 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 Paragraph 6 in ex-
cess of the Balance of the Contract Price insured by the
Owner resulting from the Contractor's default: or
4.4 Waive its right to perform and complete. arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, tender payment therefor tor. the
Owner. or
.2 t)erly liability in whole or in part and notify the
Owner citing reasons therefor.
S If the Surety does not proceed as provided in Paragraph
4with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
addifonal written notice from the Owner to the Surety
detaanding that the Surety perform its obligations under
this Bond. and the Owner shall be. entitled to enforce any
remedy available to the Owner-1f the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered nr the Surety has denied liability, in
whole or in part, without further notice the Owner shag be
entitled to enforce any remedy available w the Owner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract: and if the Surety
elects to act under Subparagraph 4.1, 42, or 43 above,
then the responsibilities of The Surety to the Owner shall
rot be greater than those d the contractor under the
Construction Contract. and the responsrl>Xiires of the
Owner to the Surety shall not be greater than those of We
Owmerunder theConstruction Contract. To the limit of the
amount of this Bond. W subject to aomaeanent by the
Ownerof the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Sure-
ty is obligated witooct dupC_eaiion for
6.1 The responsibilities of the Contractor for correc-
tion of defectivework and completion of the Construc-
tion Contract;
G2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and-
re-suiting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Uluidateed damages, or if aio liquidated damages
are specified in the Construction Contract, actual dam-
ages caused by delayed performance or non-perfor-
mance of the Cortractor-
7 The Surety shall not be.liable to the Owner or others for
obligations of the Contractor that are unrelated to the Con-
struction Contract, and the Balance of the Contract Price
shag not be reduced or set off on account of arty such
unrelated obfigations- No right of action shall accrue on
this Bond to any person or entity other than the Owner or
its heirs. executors. administrators or successors-
s The Surety herebywaives notice of any change, includ-
ing dmMes of time. to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
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 Contractor
Default or v.ithin two years after the Contractor ceased
working or within two years after the Su mny refuses or WIS
to perform its obligations under this Bond, whichever oc-
curs first- It the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avarl-
AtA DocuMENT A312 - PERFORMANCE BOND AND PAYMENT BONG - OECEMKIt 194 ED. - Au e9
THE AMERICAN INSTITUTE OF ARCHIUCTS. 1735 NEW YORK AVE.. t?LW., wASHWCTCN+i. D.C. 20006 A312-19M Z
THIRD PRINTING - MARCH 1957
We to sureties as a defense in the jurisdiction of the suit
shall be applicable.
It Notice to the Surety, the Owneror the Contractor shall
be marled or delivered to the address shown on the sig-
nature page.
11 When this Bond has been furnished to complywitln a
statutory or other legal requirea.errt in the location where
the construction was to be performed. any provision in this
Bond conflicting with said statutory or legal 4tgrtirerrrer4t
shall be deemed deleted herdrom and provisions cow
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
bond shall be constnred as a statutory bond and not as a
comnnon law bond
12 DEFINITIONS
tZt 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 altowarwe to the Con-
MODIFICATIONS TO THUS BOND ARE AS FOUOWS:
tractor of any amounts received or to be received by
the owner in settlement of insurance or odder claims
for damages to which the Contractor is entitled. re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
t2.2 Construction Contract:Theagm mentbetween
the Owner and the Contractor identified on the sig-
rrature page, including all Contract Documents and
changes thereto.
1Z.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived. to per-
form or otherwise to comply with the terms of the
Construction Contract.
124 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the C u ction Contract or to
perform and complete or comply with the other terms
thereof-
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURM
Company: (Corporate Sea)) Company: (Corporate Seat)
Signature:
Name and
Address:
Title:
Signature:
Name and Title:
Address:
AM DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 7964 ED. - AIA
THE AMERICAN INSTITUTE OF ARCHITECTS. )735 NEW YORK AVE.. N.W-, WASHING70N, D.C. Haar A312-1984 3
THIRD PRINTING - MARCH 19417
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Cotwedicut 06183-062
TRAVELERS CASUALTY AND SURETY COMPANY OF LsdMOIS
Naperv&6 Mais 60563-8458
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY TH€n PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations lily organized alder the laws of the State of COtt K and Laving dew p6ndpal ofacs in the City of Hartfa4
County of Mutfwd. Stave of Couaoctiax. and TBAVEI.SMS CASUALTY AND SURETY COMPANY OF ILLINOLS, a
corporation duly organized under the laws of the State of Illinois, and having its princW owe in the City of Napervik County of
DOOM State of Illinois, (heux after the "Compmiefj hash andc, eonstimmed and appointed, and do by these pnsmtts make,
constitnta and 4"mt Patrick A. Givens, Sidney 8 Wil6atn36 III, Ernest DeCond, Jr., Philip A_ CWdougk Jr., Alex G
Roddey or Domthy J. Outlaw *'
of Fwfax, VA, Mw true and lawful Attornry(s}ia-Fact, with fill paver and atuhoft t?ereby conlerced to sign, emecute and
admowledge, at any pl xe within the United States, M if the following line be Wed in, within the area there designaud
the following instrument(s):
by his/her sole signature and act, any and all bonds, rooognirances, contracts of indemnity. and other writings obligatory in the
name of a bond. renogmzanoe. or conditional u de rtilaog and any and all cments incident dhCtteto
and to bind the Compmies, thereby as filly and to the same extent as if the same were signed by the duly authorized officer
of the Companies, and all the acts of said Attorneys)-in FaM pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointnnont is made under and by audmity of the following Standing Resolutions of said Companies, which Resolutions me
now in full force and effect:
' : OTM. That the Gilman. Me P v"Nd. nay Vice Qmimm nay Mocodve Vwc Prssidart, dry Senior YacePresideoL my Vice President, any
Second V"roe President, the Tassotey oaf Asy. bwt Ttessaq the Clorporak Socsdary or =W A=Oaot Soct bq may appmot Attarnco-wFact
rand Agues to act for and m bdtalref da compmy and may gin sob appoielee sock adhodty va his err hay oatifrwte of aartimity may pe mull
to sign with the Ca mpwf s same and seal VIA Ge camparfs seal bonds, wcogni mn=6 roads of mdmoarty, and odor wtitmgs obligatory is
the mum or a bond. teeopicum or condtnaml mdedatm& and ray of said o6icas or &c Dowd ofDhecim at my time may Vonore nay such
appointee and revake the powrrgiveo him or her.
VOTED. That the Chairman. die Pamlent any Vsoe C:hmnsan. any Execatm Vwe President any Semw Vke President or any V°tce President
may dekgaw all or any put of the foregoing ant1in ity to one or more officers or employees of this Company, provided that each such delegation is
in vaiting and a copy thereof is tiled in the office of the Seme acy.
VOTED: That army bond, eoisuad d indemnity, ur warm obfigafmry in the tmlae of a bon4 mcoVahz=6 or cmdifiond
vadatakmg Shall be valid sad bimdmg upon the Company what (a) s4ped by tide Pxe ida wL nay ViceClrabmm. any Ewmt m YroePandent. any
Senior Vice pauseat or any We President, nay Second Vim President Go Treopmer. my Awe Thasum ft Corporate Seaefary or any
Assistant Se aetuy and ddy amrsled and zealodwii The C impoWs seal by a Scackary wAsmtrat S=chr ,ere (b) &lyexecded (mder scat, if,
negaatcd) by one err more A>laraeys;i*Fad and Agents pootiat to the pmu prmzibed in his or her ccdificde or their eatiticsks of amdwity or
by oar or more Campsmy officers purwast to a vmitlm delegation of authority.
This Power o(Atterney sad Certificate of Authority is signed and wabd by btsddde wader and by saWnrity of the f"Wwmg
Standing Renkd on retcd by the Boardt of Daemons of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURM COMPANY, FARKMGrON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURBTX COMPANY OF 1IJANOIS, vrhidr Resainfim is maw is fall farce and effect
VOTER That ft 4gaakse of cacti of the following oBuers Pszidcak amp Exsoatire Vice PrcMcnt any Semler Vice Pimdcuk my Yace
Pc=Wc K. my Aaigmit Yee Ppmidn any Sammy, any A= act Smetm% ad the sect of ft Oompauy may be afro m by 6rmuile to any
powrer of adomq or lb my ecdificale rehdmg Garin appoWiag Residest Vim Pmts. RmideatAmiAng Scae1wda arAtfomgs-iwFact for
Papaws oaly ofcxmvfag ad aftsting bands sad tmdertaidags ad ofher -aitiags obiigdwy is the an' dwerf and my sock puscr of ado ey
or wfificate I , - sack facsbaik *adow or Scsim& seal dull be =W sad Mauling upon die Company and any such pwax so canned ad
-tifled by soh [acsinile sigsaftm and facsudle, sail ,haul be valid and bolding apes the Company m the 01 with respect b any bind or
-adataking to which it is attadred.
($-s7)
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, "TRAVELERS
ASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND
SURETY COMPANY OF IIXWOIS have caused this instrument to be signed by their Senior We President, and their corporate
seals to be hereto affixed this 21st day of September, 1999.
STATE OF CONNECTICUT IRAVEIZR,S CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
} S5. Hartford FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF Eum ors
9S
1 3 s Warm a t ltl s
CM o • ? -
???? zf ? 'may • •,?'' ?`"10? ? Geotnja W. Thompson
Senior Vrce President
On this 21st day of September, 1999 before me personally came GEORGE W. TSOMPSON to me known, who, being by me duly
sworn, did depose and say. that he/she is Senior We Pre idest of TRAVELERS CASUALTY AND SURETY COMPANY OF
pl?TERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURIi;TY COMPANY OF ELUMOLS, the corporations described in and which executed the
above instrument; that Wshe knows the seals of said corporations; that the seals aff» oed to the said irWnment arc such corporate
seals, and that bd m executed the said instrument on behalf of the corporations by authority of his/her office under the Standing
Resolutions d=eof-
4
c C
My comrnission erees June 30.2tmt notary Public
Marie G. Tetves0t
CERTIFICATE
I, the undempcd, Assistant Secretary of 'fRAVELEW CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMIIVGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF UJM01S, stock corporation of the
State of Illinck DO EMMY CERTIFY that the foregoing and atbcbed Power of Attorney andCotificate of Authority remains in
full force and has not been revoket and fkdretrnone, that the Standing Resdirdions of the, Boards of Directors, as set forth in the;
Certificate of Authority, area'ow, in form - - - _ _ ?'
Signed and Sealed at the Home Office of the Company, in the City ofHartford, State of Conneaiean. Dated this 5th day of
October , 2000.
spa,'wsZ W.ser?r tP?? /FZ / G
SEX
? Y i iNi0WR4 i llf2 '!?
BY
Z? epee •r$ ?? • 3 ?tw? Brian Hviirnan
'a . 0 ?? •,? ' • Asshtatt Secretary, Bond
General Agreement TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Hartford, Connecticut 06183
Of Indemnity _
The General Agreeffatt of UndeMIY rAgreemenP1 is entered into by the undersigned rMdemnitor") and Travelers Casualty and
Surety Company of America ('Ctxnlany ). w ft
1NHEREAS. in the transaction of business, certain Bonds have theretofore been and may hereafter be required by, for. or on be half of
to khtlainnitor or any one or more of the parties (rmWed in the designation htdenmW Application has been made and will hereafter
be made to the company to execute such Bards. As a prerequis0e to the execution of such Bonds, the Company requires complete
inderrxhification.
NM, THEREFORE, as an inducement b the company and in cone; on of the eowcutlon and delivery by the Company of one or
more Bonds, and for other good and valuable conskleradom In ? do. for mss. Vv* helm. exemAD ts. administr?tors
and assigns,, jointly and severany agree 1. Definitions: 'Boni' Any and as covAlh the Company as ntractual obligM'ions whidr trace been or wit be mxlerfak en by to Cwqmq an befraB of or
at Ole request of bde0whN. ihduftV rerre+Mais and eodenaiows. VeropaW Travelers Oily and Surety Company of.
America. ft affiliated companies. successors. aSs%M Parents =4 dies vAmA r now ehoriirg or tarried hereafter.
-hmjearrrltor Any &19h . a con 6wition of any or al of the acr65, - or individuals set forth bairn 'Corporate i eawtitwe are
defined as the entity caned below and tlheir successors. assigns. subSidiNk s. Parer?t5. aWMeS. ParlnersNps. )*& ventures. or
as co-ve dud with othem wh dxw ww mostrr9 or I P I hereafter. 'ConU*W An agreeawnt of ilia khdemxdbr for vAdch the
company otecubs a Bond. procures a Bord. or has g pokmance. ' ' Any of the f0iwft shag mule a
Default (a) a dectengfen of brad default by to obligee or endly for wim a CDnkact is perforare4 () actual breach or
d a„f, icgnh * (c)a" -,,rI of any pvvidon ofthis Agm arneM J* fakm b make payment of a properly due and
owing bit in co riedion wrfih any Contract (e) Ore estabbluraxrt by the Company in good fails of a reserve; (f) bpwW (five lot
of Contrad funds or kwb mAw assets b the deharr1 1 of Contract ob69alons: (9) any bxlms*w bets the subject of arN
poceedrrhg or agreernert of baracn*kY. receivesslitQ. insolveicy. c ed1lor assigrtmert or adurally becomes insolvent (h)
inderrahtbr dies. beoonres bg?t? ihoorrhpn:terrt is i"P is convicted of a febny. or disappears and C- 111 be iocalect (I)any
repre on furrdshed to so Company by or an behalf of the kah malor proves b have been maledaliy false or m1idw dng
vrthen made.
Z Payment of Pn wniuw The krdemt6or slhetl Pay b Ors Congwy all Prey W= for eYery Bond ermBCU bd and an renewals and
exlensmm tlhereofi unM "company is disdWsSed and duly reused In vnib fwrn each such Bond.
3. ludwandiation and How tianakmw The kdemrior doll exwmal% indemnify and save the Company harn*ms ft
.__._? agairhstsvery ctairn, loss. carnage. dennagnd. liabiy. r? dnarg? sW.?t?ct?, a?tey??e. and ?+se
-? XX= in come of fW*V ®cet uU4 or pmwed lhs amudon of such Bonds Expense khdudes Hue cod d Proctmkhg or
r ade"V&S b procure release irons 62bility. or in bringing suit b enkom Vuis Agreement amt any trde=Aor.
4 Claim salt ammt: The company shat have to OOK in its sole ds"elion, io detemr m for ase0 aM the hrdemwibr whe8ter any
- dm or suit bought ag&mt the cDwq any or the brdemior upon any such Bond shall be paid. co r pronised. seed. defended
or appealed, and its decision shall be 1h- 1, 9 acrd wado*4e upon In kden niter. Pa itemized statement thereof sworn 1b by an
= -- ew#Ww of the Company or a copy of The wuclher of payment shah be prima facie evidence of *0 popiety and eAskmm Of
kXk= ior-s gabaty The company shah be erMW b n*nb rsemerd for any and all payaherlts waft by it under ire bemef it was
nhecessary or expedient to make such payments.
5. Coltaterai Sectrdy: ><dmwftr agrees to pay due 0mr4 cry. upon demand. an anhowt suNclert to discharge any dawn or
derrnand. made agairhst the Company on any Bond- kndemxior lather agrees b pay the Company, upon demand, an amount
equal 10 the value of it properly diverted ktdenvidlor assets or Corbart Fucd& These mum may be used by the Company b Pay
such claim or be held by the Cor parry as camaAwd sOmmV aIll., * I any mss. cat k vabft or unpai?l preniurn an any Band. The
Company shall have no duty to lmresL or provide ihiereston the deposit
8 Pemredhm h the event of a DefiaA indentaaw asaignm conveys, and banWess to the Connparny a0 of the rigift and Interest
growing m any mrarxrer out of the Contracts and assigns all AaK W and interest Of a1 of kxfem Ws Plant. tools. vebides.
madwwy. equipmewd and m . io be effective as of the dale of such Connlract4. In addlion. is the event of a Default the
CompaIr sham have a right at its note &50eton t v.
(a) Take possesslon of the work nxhder any Conbad and to complete said ibntrad, or cause. or consent to the completion
thereof:
(b) Take possession of the Indem nilors equipment, tools. madwhery, vehicles, materials. office equipment, books, records,
dowments, and supplies at ft site of the work or e$ewthae and udke them for the compleson of the work under the
Contracts vritllot payment iOr such use;
jc) Awn or prosecute any right or daan in the name of the IndemxuZor and to settle any such right or claim as the Company
sees fit;
Pape : of 5
5-5007 (11-97)
(d) Execute in the name of the Indemnilor any instruments deemed necessary or desirable by the Company to: (a)provide the
Company with file to assets, Wtake i ninediate possession of Contract fiords whether earned or unearned, (c)collect such
sums as may be due Inderni-0tor a»d to endorse in the name of the Indem itor. and (d)colkwt on arty negotiable instruments;
(6) Take possession of the Indemnities rights, title and interest in and to al Contracts, subcontracts let and Insurance policies in
connection therewith;
(f) Be subrogated to all the rights, remedes, properties, funds, securities and receivables of the Indemnitor on said Contract or
any other contract of Indemnitor and have the rigid to offset losses on any Contract or Bond against proceeds, funds, or
property due from another contact or Bond.
7. Joint and Several Uability: The obigalons of each Indemiftr hereunder are joint and saverat. The Company is authorized b
sWe with any one or more of the Indemnitors Individually, and w#xiut reference to the milers, and such settlement shad not bar
or prejudice actions against or affect the GabiGty of the others.
8 Decline Execution: The Company has the right to refuse b provide any Bond, indudtng final Bonds where the Company
provided a bid bond, without k=ff blg any bb* whatsoever to ktdenni or.
9. Tnust Find: AN payments due, received furor on acmarit of any Contract shall be held in bust as trust funds by Indemnitor for
fire benefit and payment of all obligations for which the Company as beneficiary may be liable under any bond Issued by the
Company. C=4=7 may open a bust aocant or aceourb vMh a bank for Be hdeposit of the trust kinds. Upon demand,
badengilor stall deposit therein as trust funds received. Withdrawals from such trust accounts stray require the express consent
of the Company.
a Books, lteeoub and Crept: bhdemnrlor shall furnish. and the Company shall have the right b free access at reasonable tines
b all the books, records. doarnenk acrd accounts of Inndemnfor for the purpose of examihirg and copying them, kidermritor
expms* authorizes Company access to its aedlt records for undermiting purposes as well as, upon the establishment of a
reserve, debt collection.
11. Attorney in Fact tndernxnitor constitutes. appoints and designates the Company as their attorney in fad with the right, but not the
obligation. to exercise ad rights of the Indem llor assigned or granted b the Company and to execute and deliver any other
assignments or documents deemed necessary by the Company to exerclee its rights under this Agreement in the name of the
hrdemnitor.
12. Security Interest: As secttRy. the hrderruilor hereby tyrants to Company a security interest in all of lots equipment, machinery.
vehicles. tools. and male", as well as sums due or b became due in connection with any contract: This Agreemend shad
consblute a Secamty Agreement and a Financing Staieowd for In benefit of the Company in accordance wih the Uniform
Commer:W Coda and all simaar sb&Aes and maybe filed by the Compay willumA rwtioe to perfect the security interest Startled
herein. The Company may add schedules or odxw doctinwits b this Agreement as necessary. The security interests are
effective as of the date of each Contrast for that Contract.
13. Terminetion_ This is a confiming Agreemerntwlidh remains in full force and effect until terminate d. The sole method available to
an inderankor to termiruate its parlicipabon in this Agreement is by 9hrin9 wilten notes b the Cornpanny of the Indemritoft intent
to temwote. The `Termination Date!' Steil be 30 days steer the Company rezehres such notice. The obligation and labirdy of the
parbe utar Indemritor 9WV such nice stall be fiaited tD Bonds Awn ished before the TermhraGon Date.
14. Other, Sureties= 9 the Company procures the execution of Bonds by other sureties, executes Bonds with cosuretim or obtains
reinsurance, the provisions of this Agreement inure to the benefit of such other surety, coscrety or reirwim
15. !!nature of Rights: If any p owislon ar portion of this Agreement shall be unerdorceable. this Agreement shall not be void, but shad
be eons&ued and enforced wdh to Sarni effect as !though such provision or portion were omiliod Assent or reheat to assent to
dhanges in any Contrad or Bond by the Company shad not affect the obligations of the kK*nw lttor to the Company. The
Company's rights under this Agreement are in addition to ad other rights of 1 he Company hwwever derived. The rigthts and
remedies afforded to the Corrtpary by tte terms of this Agreement can only be modified by a rider in wring b ti$ Agreement
signed by an authorized representative of the Company. If any indemnlor fads b execute or improperly execs this Agreement.
such failure shad not affect the obligations of any IrK%mrtitoc The failure to sign or the improper execution of a Bond shat not
affect the Company's rights under this Agreement.
16. Addendum 1 attached regarding Limited Indivdual Indemnity Rider.
w HAVE READ THIS INDEMNITY AGREEMENT CAREFULLY. THERE ARE NO SEPARATE AGREEMENTS OR
UNDERSTAWNGS WHICH IN ANY WAY LESSEN OUR OBLIGATIONS AS ABOVE SET FORTH.
IN TESTIMONY HEREOF, the Indemnitors have hereunto set their hands and fixed their seals this day
Of
$.5007 (11-97) Page 2 of 5
IMPORTANT: 1. PRINT OR TYPE NAMES UNDER EACH SKMTURE.
2- EACH e0EMtl4TTOWS SMATURE MUST BE ACKNOWLEDGED BY A NOTARY WHO IS NOT AN EMPLOYEE OR
FAMILY OF AN TOR.
3. EACH PERSONAL INDEMNITOR MUST PROVIDE A RESIDENTIAL ADDRESS AND SOGAT. SECURITY NUMBM AND
EACH CORPORATION tlWEMiTOR MUST PROVIDE AN ADDRESS AND TELEPHONE NUMBER.
a cORPORATIONS musT BE ATTEsmn TO BY A DULY AUTHORIZED CORPORATE OAR
CORPORATE or PARTNERSHIP INDEIITORS
Atlest ..?
Name r- r= o
And Title
Most
Pat
And C Eck
Aftst
_P"
Norma
And Tile
Attest
Print
Name
AadTide
(saan
Print Name -N USE. I LC
Oltlcerlpartnets gage W. Kely
Name
Tillie
Phone # arrd Address
Member
MW Red Run Blvd.. Suite 130, OM rgs Mills. MD
21117-4860
P gore A Exchargm t Lc
Ohs Geogp W. Kelly
No.
Two
Member
Phone # and Address 10056 Red Rut Blvd., Sutle 130.Owiogs Mme. MD
2111744
Or?
By
Print Party t L c
OMoedpatrees EJyJ. Perry. M
Nave
Title
Phone Z and Address 518 Playa Wnsium talc 28503
>
y
w )
(Sed
9
Print
4 ftff,%bl-
06iaedParkWs -WA.
Ety J. Perry
Mwne A
5jj
` d-
Tillie •
IMernher
Phone # and Address 518 Plaa BoWevard. Kinston. NC 28503
Atlesl
Print
Name
And Title
o
Print Name
OW=dPartners
Name
Title
Phone 0 and Address
INDIVIDUAL INDEMWORS (Induding Sole Proprietorships)
Attest B
P*K Name
Pifffd Name SS #
Address
Attest
Print
Name
By
-
Prkt Name
S5 #
Address
Attest
Print
Name
8
Print Name
Page 3 of 5
S-5007 (11-97)
Mest
Print
Name
atsesi
Print
Ham
Pod
Rim
t4 me
ss It
A ddrew
B?
Print Name
ss o
PMt Name
Ss #
Address
By
Prird Name
ss ff
Address
ACxNOWL®G11 Witty elf Imo re • on sib dgy
Stale _
before the persoitat appeared pre r song/ known or
ptaren to me to be fire Person whose name is subscrited b tits httl6in adanowiedged 1D me, all Oudt hekt*
executed the same in hislher au wdmd repack, and Otat: by hbfier sigma lure irtstrvtrrwrt the enWy upon behaM of vrhicft
the person acted. arexrt
Warr ss aw and
-
$ 3t _ Seal
state of a 4.0 -W Courtly of .Leah, on Ihis 1L? ? knor?t ?? - Wpe8fed in the v bebre me personaR?l to me an drat hehde
pmmn to me b be the person, v hose itaitte is mftOlled b i an Ure 'atsUraiaent the en* upat behaff of which
. and than by MOM e - - M. o. /
Offlcubd gm persm ? executed the bnbwnc& 5M
r
1tYlness my hand WdAkmd seat
i
seal
synaa+ir3
X of GZX
- :,!??J(IaY
state of V Gawky of On ate . this kttvrm or
b the year?OpD . before ?O1 ?' ?, n -- in dow io me al Owl hehfie
proven to me in be tree persort whose name is sttwired to the itsfirarterd on e y upon behad of which
executed to same in M %4w aulhaiked eatpaciIy. OW theft by hislim signs s on the person acted, executed Insbumerd- C f ?/a.?Gy . /f 1!3
Wanes my' ad sed sed "-?
Sod
State of . County of tit this daY Of
t
in the year
before me j;-m 1? b ?pef o al Out r htds tutanrr or eppeared prom hprom to me to be the pexsext whose rtarrte is gybed to the instrrsneid trereict and aduiarorled9ed
cam ted the same in tAsbw auemirced rapacity. and llradt by lislfrer sigrmWm on the insinrmertt to erMUy upon betaaN o (which
the pawn acted. executed the WSUUMBF*
W*mms my hand and official seas
seal
of
state Of courtly of , on this ?
in ate year . before me plr appeared persoraNy iainwn or
proven to me to be the person whose name is subscribed to the isst urr ertt herein and admwAodged to are all that helshe
executed the same in hislw a» gmazed a3pady. and t" by hisRrer sig Ob" an the inS rurna t the eway upon behalf of which
the person acted. w=tAed the k*bmnft&
W*IM my hand and official seal
seal
m
PaW 4 of 5
5.5007 (41-97)
Stated County of . On rtes day of
in the year . bakm me pt:rsona9y Maned persartagy ImoNrn or
woven to me in be the peaon whose name is subsedbed b the, ehsbwned herein end aclumledged to me es Out h dw
executed the same in tnsfiec 8UOWFked ca*. and fiat by lisihm strialime an the instnanent the enay upon behalf df wtrxh
the person acted, executed the insimment.
Witness my hand and official seal
Signature Seal
State of . Cdurhty of . On this day 'of
in the year . before me personally appeared Persotgally luhown or
ptaven b me b be the person vrtwse name is sut'sabed b dw 'srstzunmi henh and admowledged to we all that helshe
executed the same in ffta r auvwraed capacity. and that by libil r sgnakwe on the irmbumert the enemy upon behalf of which
the person acted. executed ft instrument.
Witness my hand and official seal
Signature Sent
Page ,5 of 5
S."T (t1-97)
Bond .53SB103291474
PERFORMANCE BOND
KNOW ALL MN BY 3NESE PR1:.SiN!'S, that v+a; EBX-Neese 1, LLC , as Pried, and
TRAVELERS CASUALTY AND SURETY COMPANY OF AMF,RICA, lictnse d to do basmds in the Smtc
of Conuecticat, as Surety, arc held and finely bound immo North Carolina
Department of Trans oration (Obligee), in the
paW smn cf Three Hundred Seventeen ousan ree Hundred Thirty Four &(
($ 317,334-00 ) Dollars, lawful moony of the United States of Ametita, for the psymout of which sun.
well and tculytn bo msdc? the Principal and Swuy do bind thcnsdves, their hens, eomcutoas, adunmst?ors,
and swomors and aubms;, Jox* and sevaaily. firtoly by dow pets.
THE CONIDITIGN OF THIS OBUCIATION IS SUCK that whams the above bounden Principal bas a?aod
into a certan wn#m Coubact w;ab do above: n wood ObhM eDwtiva to _ day of
and tangy the dry of for
Neu-Con Mitigation Project - Monitoring Agreement with North Carolina
pepartment of Transportation- and wom faW
deserted in said Comstack a copy of which is aid, which Agroeumx is me& a part hereof and
iacorposeted hado by rdbr m =ccppt that nothing said -1, in d wH aka, enbW, cqmd or o6awise
m xiEy the term of the bond as gat out below.
NOW. TFIEREFORE, If Prmcipal, its a rocutors, adtaiooisUretnrs, ==ass= and assWs shall prvwpdy and
Aaithf * perform the Coact, wcarft to the tm atipulatior s or cmdftm dwwC then this ch68tiau
shall booome =ff and void, otherwise to semaia is frill fare and effwt Phis fond is =muted by the Surety
and mccptod by the Obhgm subject to rho following atp= vm t m
11Totwiftlanding the provisions of the Cotdmct, the term of this bond shall apply from Apri 1 1 .
2000. until December 31 . 2007 . md„my be attended by the Swvty by Cron Cft
Howarcr, ackbw mon=wwal by the Suivy, nor dw falure or ioaWky of the PrWW to file a mphamem
bond in the meet of n ono a weal, sbalf itself mad i n - i a I= to the oftee recwmeable under this bond or any
rewwal or eoatbazaxia & n d.. Tlm rabiM' y of the Surety under this bond and alt tai oati5cates
issnod m eo n d arwith shall not be dative and shall in rn went exceed the amount as set forth in
this bond or in any ate, rides, or eWoriaaeots properly &wW by tha Swety as swpkmeuts thereto.
Sealed with ourseab and dated tlvs 5thday of October . 2000
(Wane")
(Attest)
EBX-Meuse I, LLC
(? (SCUO
T and Surety CaompinyofAmaica
Alex G. Agroed and admowladgad this ` day of

S-sw (719s)
TRAVELERS CASUALTY AND SURETY COMPANY OF ANZRICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Conne tkut !6183-9062
TRAVELERS CASUALTY AND SURETY COMPANY OF nAJNOIS
Naperville, Muels 605634458
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATToRNEY(S)4N-FACT
KNOW AM PERSONS BY TSESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SORffy COMPANY and FARmINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Cow and having their principal off= in the City of HutfOrd.
County of Hartford. State of Centreaieut, ad TRAVELIRS CASUALTY AND SURETY COPMO'ANY OF HIMOM a
crotporation duly organized under the laws of the State of Illinois, and having its principal office: in the City of Napavdlel County of
DW?age, State of 0noM N the -Cwapastino hash made. constauted, and appointed, and do by th= presorts make,
eonnstitsie and appoist Patrick A. Givens, 9W1ney H. WWaras, M Ernest DeCood, Jr., PLtYip A. Caldlongk Jr., Alex G:
Roddey or Dorotby.L Outlaw :
of Akirfax, VA, tl= true and'INQW Attorney(s)-in Fact, with fall power and authority Eby conkned to sign, =ecate and
aclmowledge, at any place within the United States, or, if the following line be filed in, within the area these designated
the following iaaxmo=Ks)-
by Mahler sole sigmttua and act, any and all bonds, reoognizanoes, conaacts of indemnity, and other writings obligatory in the
natmae ofa bond, recogwance, or conditional uadestaking and any and all aoaasn?nts inddent thereto
and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers
of the Companies, and all the acts of said Attoritey(s}iu-Fact, pnrsnsW is the authority herein given, are hereby ratified and
confirmed.
This appoinhneM is made under and by authority of the Hollowing Standing Resolutions of said Companies, which Resolutions arc
now in full force and effect:
r
VOTED: TIM due C ha m=6 the President, nay Vice Ch-noes. =T Emsubvee Vice President, any Sa mor vice President, any We President. nay
Second Viet President, the Tteastoer, My Assistant Treasurer, the Corporate Secretary or any Assistant Soc retaty may appond Attoracys-m-Fact
and Agents to ad for aad an behalf of the company and may give sock WOinft stuh andiodly as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Companys seal bonds, rooognizaaees, contracts of indeumity. ad other writings oWga4uy in
the natone of a bond. rocognharee, or conditional uadaW&g. ad my of said officers or the Boned of Directors at any time may remove amy sorb
appoinkt and revoke tie power given bim or her.
VOTED: That the Chairman, the Ptesidett. any We Chairman, my F,mcutiv a Vice Phmdent, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more oRioas or employ= of this Company, provided that each such ddegntion is
in writing and a copy diereof is tiled in the office of the Secretary.
VOTM- !bat any bond, secognrttance. ooolsact of fitly or wntog obbgatmy in tat meute of a bond. or cooffitionai
udestaldng shat be valid andbk&Wupon. dc Company when (a) signed by the Pkside coy Vice Ck&n n, any E>xtive WePtesident, arty
Senior Vice Pnaident or cry Vice President, nay Second Vane Picskkxk the Tnah suvm any Asaastard Tasswer. the Corporate Secretary or any
wsrastaat Seaefmy and duly ar?0esaad aed s=led wick tie Company's sed by a Secretary er Assistant Secretary, or (b) duly ex mated (under zewl, if
mWired) by one or more Atmaneys-in-Fad and Agents pussuaM b the puma pam=bc d in bit or her certificate or their certificates of adharity or
by one or mere Cemgmny officers pursuant to a written delegation of authority.
This Power of Attorney and Certirkate of Authority is Sighed and scaled by facsimile uhader and by authority of the fwwrring
Standing ResobWon voted by the Boards of Wrecten of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF 1LUNOK which Resohrtim its mow na toll fence and effect:
VOTED. MW the is I of each of the &Buwiug oHioas P==anel; any Executive We President, any Smiar Vice President, nay Vice
Pfcade ak try Assistant V=- hande t, any Secietar7 MY Assistant Socodthry. and ibes seed of be CompW may be aitfod by faaimle to any
power of attorney err to any eestiScahe WhAing thereto appoWn Re ad=& Vice PkeeWkoM Beside d Amt Seaetmies err Attorriqysm-Pact for
p rposes only of and aneshm bonds amt mule Wdaigs amd odurvaitiergs dAgday in the wa4ae tbuccC and any sock pomew of dWmq
•r eubficaoe beariQg sad= &csk 1c side or ti csbule zeal AA be valid and bhuFAg upon lie Company amd nay sack power su casutod cad
:lifted by such tacdwk siatace and 6aim7e seal sball be valid and bie ft upon the Camay in the forme wilt respect to arty band or
andutaking to which it is attached.
(3-"
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND
SURETY COMPANY OF ILLINOIS have caused this instrument to be signed by their Senior Vice President, and their corporate
seals to be hereto affixed this 21st day of September, 1999.
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
ps. Hartford FARM NGTON CASUALTY COMPANY
COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURI9TY COMPANY OF ILLINOIS
VIP*
WOFOW
b
ow eallft o° . •
• ',?, „ .. t`"'°" #c George W. TbWRPSOU
• senior vice Pn nt
On this 21st day of September, 1999 before me pemonHy came GEORGE W. TSOIIPSON to me known, who. being by tae d*
sworn, did depose and say: that he/she is Seeiw Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA. TRAVELERS CASUALTY AND SURETY COMPANY, FARIIEW'ION CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF HIM01S, the cmVotati w desmibe d in and which mmftd the
above instruumwt; that helshe knows the seals of said cozpotationg that the seals affuced to the said instrnment are such omporate
seals; and that belshe executed the said insftument on behalf of the corporations by authority of his/her office under the Standing
Resolutions therwk
G
cmm*siw won June 30.2WI Notmy ftd*c
titl3aiti Cr TeheauR
CER'TIRCATE
I, the undersigned, Assistaut Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of CommucK and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of the
State of Dlinois, DO HEREBY CERTIFY that the foregoing and attached Power of Aum my and Certificate of Authority mains in
full force and has not been revoked; and fmtheunmr. that the Standing Resohztions of the Boards of Directors. as set forth in the
Certificate of Audwd y, are now in ED=
Signed and Sealed at the Horne Office of the Company, in the City of Hartford, State of Comm=ticnt. Dated this 5th day of
October 12000 .
?sMrn ??'++e£ r??r •°'t3
3 4i o? ^ • o??Y• #
wp :fie Iltt2 By
mil OOeR +

BIim Hotlfitwit
Assists Sear, Bond
Jul 29 02 12:49p BLACK OAK - EBX 410-356-0464 p.4
ORIGINAL
JENNIE M. ALEXANDER
(SAME AS JENNIE MURPHY PARKER)
and husband,
JIMMY ALEXANDER
TO
EBX Neuse I, LLC
D E E D
Fed for r an vo d-L
d qr of ! 4 aLd 1,9:Y(3 o*d
q pap 101
in" t A
Regitr?er of D" Qvi a uq

ELY J. PERRY (1896-1968)
WARREN S. PERRY
DAN E. PERRY
BARBARA S. PERRY
JAMES S. PERRY
rf > ELIZABETH PERRY WORTHINGTON
j?K "7' C1 ATTORNEYS AT LAW /-70' Q o
KINSTON, NC IA o o

Bo 0 k Page
0520 0267
GREENE COUNTY NC 01/09/2001
$120.00
3T.iC 'Y _
NOR' naEReal xcie sTax
Excise Tax
dayof r14?0 2041 at la, "10 WA
in Bolt Na ?? 9 Page_ -? 6 7
.14va
RspW d Deeds, (teens Dmq
Recording Time, Book and Page
Tax Lot No.. ................._.._.__ .......................... ................. ......_....... Parcel Identifier No................ _...................................
Verified by .................. ._........................................ ._...... County on.the ......:...... . day o£......................................................., 19 ..........
by ................................. _................... ......................... .
......................................................................................................................................
/Mail after recording to .Ilan..E...P.err,,y.,...P...O.....Drawer ...14.75.,...ICinsi.Q.T1......NQ..28.50.3-1475.
.............................................................................................................................................................................................................................
This instrument was prepared by .... Dan...E.....Perry.,...Att urney ......................................
...............................................................
Brief description for the Index
27.70 Acres, Olds Townshi
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this .9th..... day of ..January, .20.01..... ........... .. ,NM.. ... , by and between
GRANTOR
JENNIE M. ALEXANDER (being the same as
Jennie Murphy Parker)
and husband,
S. RUDOLPH ALEXANDER
EBX Neuse I, LLC
GRANTEE
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.q. corporation or partnership.
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.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged; has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in the City of ............. _........... ...... ...... Olds ......... ..................... Township,
.Greene.. ..._ .......... ..... County, North Carolina and more particularly described as follows:
BEING all that parcel of land consisting of 27.70 acres, more or
less, as depicted on a Survey entitled "SURVEY FOR E.B.X. NEUSE 1,
L.L.C. OF THE ALEXANDER TRACT" prepared by The East Group, Anthony
J. Hamm, Professional Land Surveyor L-3754, dated January 3 2001,
which survey is recorded in Plat Cabinet :2 46 , Page $1
Greene County Registry, and is incorporated herein for a more
perfect description by metes and bounds. It being the same
property described in will of. Herbert E. Murphy in Estate File
Number 72 E 20 in the Greene County Clerk's Office.
IT IS SPECIFICALLY UNDERSTOOD AND AGREED BY THE GRANTEE HEREIN THAT
NO TOBACCO ALLOTMENT WILL BE INCLUDED IN THIS CONVEYANCE.
N C. Bar Assoc. Form No. 3 9 1976, Revised o 1977
-M by Anraom with Iha N r: Par Ara,tia,ion - 1981.. Long Priming Co.. P.O.8W, 58899 . Raleigh, NC 27856.8693
Jul eu Ue le:4up BLHLK LINK - ttfA -t IU -zoo_UYO'F F.O
Book Page
0529 0268
The property hereinabove described was acquired by Grantor by instrument recorded in .Will.. in..FUAJ. 0.....72., E.. U.,
Greene..Count.g„ Cleric! $„Office..
A map showing the above described property is recorded in Plat Book ................................... page........................,
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey
the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
All valid and enforceable easements, rights-of-way, and restrictions of record, if any,
and all 2000 ad valorem taxes.
IN WITNESS wHYREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed In its
hereunto affixed by authority of its Board of Directors, the day and year first
l t
b
corporate name by its duly a o
e
uthorized officers and Its sea
above written.
9e

(C Alexander
nnie M.
°orate" a
-
;
orporate Name)
-
,
x „
?
r?
By: ________________________ _________________________________ _ --------(SEAL)
olph A e an er
____________________________ President
ATTEST: •!; -----°-'--"--_ (SEAL)
a

----------!'a'1r -- ------ ---
.ttt'?ass
ty' r tp: •
t\
'
' ---------------
--------- -----------

Ir.
..
•
Y d
1?,_11,_4c...F),^°._41? -____ Secretary (Corporate Seal) ___-_______._________( (SEAL)
:° °
? Lenoir
County
, .
NORTH CAROLINA, ----- -------_________ _ __
and
Atexander
i
M
S'
-
-
._.
e_
_
1, a Notary Public of the county and State aloresatd, certify that __JE.nn
f '. pU 8 U; x Rudolph Alexan_der--------------------------------------------------------------------------- Grantor,
M personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my
',
v V
0% .
ya_zO9
L
1_r_`A------- ---------- ?----•
hand and official stamp or seal, this .sTh ___ day of _.,1cv,
1(1
ll
8)
110
liff ?
/
?
/
(
f
/
------------_/- `?MI- Notary Public
512OI ZOOZ
i
My commission exp
res: ---
--
NORTH CAROLINA, _______________ .----------------- County.
SEAL-STAMP
1, a Notary Public of the County and State aforesaid, certify that -------------------- -------------------^-.
,u personally came before me this day and acknowledged that __.- he is ___----------------- Secretary of

a North Carolina corPoratlort, and that DY authority duly
°.
-----------------------------------------------
.-------
and as the set of Lhe corporation, the foregoing instrument was signed in its name by is _______________
given x u
v President, sealed with its corporate seal and attested by ___________ as its --------------------------- Secretary.
Witness my hand and official stamp or seat, this _______day of ___________________________ 19__._____.
My commission expires: ----------------------------------------------------------------------- Notary Public
The foregoing Certificate(s) of __Marif.sawtioa_nvQt4ry__Public_gf_LAnoir_County_t_N_C_----------------------------
---------------------- __________ ..__________________________________________.________-----------------------------------------------------
_____________________________________________
_ _ ____--------------------------------------------------
_ _ ______________________ _____
is/are certified to be correct. This Instrument and this certificate are duly registered at the date and time and Ia the Book and Page shown on the
first page hereof. -
t ___________REGISTER OF DEEDS FOR__-.-----C-rUFaIVE-------------------COUNTY
_______________________________________________________Deputy/Assistant- Register of Deeds
N. C. Bar Assoc. Form No. 3 n 1976, Revised o 1977
r w„ a.m,n,.enn - last.. two ptimiaa Co.. P.O. Box 56693. Rolel9h, NC 27666-6693
Jul 29 02 12:50p BLACK OHK - EBX 41U-Jbb-U4b4 p.7
To The Insured:
ENCLOSED IS YOUR OWNER'S POLICY OF TITLE INSURANCE; OR, AN ENDORSEMENT TO
THE POLICY PREVIOUSLY ISSUED TO YOU.
The policy and all endorsements provide valuable title protection on the property which is
described in Schedule A. YOU SHOULD KEEP THE POLICY AND ALL ENDORSEMENTS IN A
SAFE PLACE.
Investors Title Insurance Company is a publicly held North Carolina corporation, and we are
dedicated to providing title protection for those who acquire real estate or loan money on real
estate.
THANK YOU FOR GIVING INVESTORS TITLE THE OPPORTUNITY TO PROVIDE THIS
COVERAGE.
Sincerely, ???
W. Morris Fine
President
Fo- No. 123, Rev. 6/97

Jul 23 02 12:50p BLACK OAK - EBX 410-356-0464 p.8
OTj Investors Title Insurance Company
0
POLICY OF TITLE INSURANCE
COINSURANCE CONTRACT
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, INVESTORS TITLE
INSURANCE COMPANY, a North Carolina corporation, herein called the Company, insures, as of Date of Policy
shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A,
sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as
insured, but only to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, Investors Fite Insurance Company has caused this Policy to be signed and
sealed, to be valid when Schedule A is countersigned by an authorized officer or agent of the Company.
t`F tr?uay?,?s
SEAL
1972
Secretary
r?ht I,tt
[y President
Form No. 109-92-J ALTA OWNER'S POLICY (10-17-92)
Jul 29 02 12:51p BLACK OAK - EBX 410-356-0464 p.9
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when, used in this policy mean: any litigation to final determination by a court of competent jurisdiction and

(a)"insured": the insured named in Schedule A, and, subject to any rights or expressly reserves the right, in its sole discretion, to appeal from any adverse
judgment or order,
defenses the Company would have had against the named insured, those who
succeed to the interest of the named insured by opperation of law as distinguished (d) In all cases where this policy permits or requires the Company to prosecute
id
f
h
d
f

from purchase including, bui not limited to, heirs, dfstributees, devisees, survivors, or prov
e
e
or t
e
ense of any action or proceeding, the insured shall secure to
the Company the right to so prosecute or provide defense in the action

personal representatives, next of kin, or corporate or fiduciary successors.
(b)"insured claimant": an insured claiming loss or damage or
proceeding, and all appeals therein, and permit the Company to use at its option,
.
(c) "knowledge" or "known": actual knowledge, not constructive knowledge or
i the name of the insured for this purpose. Whenever requesed by the Comany
the Insured, at the Company's expense
shall give the Company all reasonabl
id
not
ce which may be imputes: to an insured by reason of the public records as
defined in this policy or any other records which impart constructive notice of ,
e a
(i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting

matters affecting the land.
d
"l
h
d" or defending the action or proceeding, or effecting settlement, and (ii) in any other
lawful -of which in the opinion of the Company may be necessary or desirable to
(
)
: t
an
e land described or referred to in Schedule A, and improvements
affixed thereto which by law constitute real property. The term "land" does not establish the title to the estate or interest as insured. If the Company is prejudiced

include any property beyond the lines of the area described or referred to in
Schedule A
nor an
ri
ht
titl
i
t
t
t
t
i by the failure of the insured to furnish the required cooperation, the Company's
obligations to the insured under the policy shall terminate, including any liability or
,
y
g
,
e,
n
eres
, es
a
e or easement
n abutting streets,
roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify obligation to defend, prosecute, or continue any litigation, with regard to the matter

or limit the extent to which a right of access to and from tho land is insured by this or matters requiring such cooperation.
6
PROOF OF LOSS OR DAMAGE

policy.
(f )'mortgage": mortgage, deed of trust, trust deed, or other security instrument.
under stale
statutes
ic
( Publi records": established
fo
at Date ofPol ,
.
In addition to and after the notices required under Section 3 of these Conditions
and Stipulations have been provided the Company, a proof of loss or damage
e
y
r r
the
purpose Partin9con to real ProP y
notice
of matters
relating signed and sworn to by the insured claimant shall be furnished to the Company

purchasers for value and without knowledge. With respect to Section 4 (a)(iv) of the within 90 days after the insured claimant shall ascertain the facts giving rise to the

Exclusions From Coverage, public records" shall also include environmental
protection liens filed in the records of the clerk of the United States district court for loss or damage. The proof of loss or damage shall describe the defect In, or lien or
encumbrance on the title, or other matter insured against by this policy which

the district in which the land is located constitutes the basis of loss or damage and shall state, to the extent posle, the
.
(g)"unmarketabiiity of the title": an alleged or apparent matter affecting the title
to the land, not excluded or excepted from coverage
which would entitle a basis of calculating the amount of the loss or damage, if the Company is
prejudiced by the failure of the insured claimant to provide the required proof of foss
'
,
purchaser of the estate or interest described in Schedule A to be released from the or damage, the Company
s obligations to the insured under the policy shall

obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. terminate Including any liability or obligation to defend prosecute, or continue any
litigation, with regard to the master or matters requiring such proof of toss or
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
T he coverage of this policy shall continue in force as of Date of Policy in favor of damage.
addition, the insured claimant may reasonably
required to
submit

an insured only so long as the insured retains an estate or interest In the land, or

holds an indebtedness secured by a purchase money mortgage given by a of the
shall
Company and
examination under oath examination, inspection coon and representative such
produce
reasonable time ft
n
ll
a
a
edr
t
purchaser from the insured, or only so long as the insured shall have liability by , a
of the Comp aa
es as may be designated by any nted by
ny
uthoriz
representative
y
reason of covenants of warranty made by the insured in any transfer or conveyance
of tl?o estate or interest. This policy shaft not continue in farce in favor of any records, books, (edgers, checks, correspondence and memoranda, whether
bearing a date before or after pate of Policy, which reasonably pertain to the loss
purchaser from the insured of either (t) an estate or interest in the land, or (ii) an or damage. Further, if requested by any authorized representative of the
indebtedness secured bra purchase money mortgage given to the insured. Company, the insured claimant shall grant its permission, in writing, for any
3. NOT ICE OF CLAIM r 0 25 GIVEN BY INSURED CLAIMAN-1 authorized representative of the Company to examine, inspect and copy all
The insured shall notify the Company promptly in writing (1) in case of any records, books, ledgers, checks, correspondence and memoranda in the custody or
litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an control of a third party, which reasonably pertain to the loss or damage. All
insured hereunder of any claim of title or interest which is adverse to the title to the information designated as confidential by the insured claimant provided to the
estate or interest, as insured, end which might cause loss or damage for which the
Company maybe liable by virtue of this policy, or (iii) if title to the estate or interest Company pursuant to this Section shall not be disclosed to others unless, in the
reasonable judgment of the Company, it is necessary in the administration of the
,
as insured, is rejected as unmarketable. If prompt notice shall not be given to the claim. Failure of the insured claimant to submit for examination under oath,
Company, there as to the insured all liability of the Company shall terminate with produce other reasonably requested information or grant permission
secure
regard to the matter or matters for which prompt notice is required; provided, a
reasonably necessary information tion from third parties as required in this paragraph,
however, that failure to notify the Company shall in no case prejudice the rights of shall terminate any liability of the Company under this policy as to that claim.
any insured under this policy unless the Company shall be prejudiced by the failure 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
and then only to the extent of the prejudice. LIABILITY.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED In case of a claim under this policy, the Company shall have the following
CLAIMANT TO COOPERATE. additional options:
(a)Upon written request by the insured and subject to the options contained in (a) To Pay or Tender Payment of the Amount of Insurance.
Section 6 of these Conditions and Stipulations, the Company, at its own cost and (I) To pay or tender payment of the amount of insurance under this policy
without unreasonable delay, shall provide for the defense of an insured in litigation together with any costs, attorneys' fees and expenses incurred by the insured
in which any third party asserts a claim adverse to the title or interest as insured, claimant, which were authorized by the Company, up to the time of payment or
but only as to those stated causes of action alleging a defect, lien or encumbrance tender of payment and which the Company is obligated to pay.
or other matter Insured against by this policy. The Company shall have the right to (ii) Upon the exercise by the Company of this option, all liability and
select counsel of its choice (subject to the right of the insured to object for obligations to the insured under this policy, other than to make the payment
reasonable cause) to represent the insured as to those stated causes of action and required, shall terminate, including any liability or obligation to defend, prosecute, or
shall not be liable for and will not pay the fees of any other counsel, The Company continue any litigation, and the policy shall be surrendered to the Company for
will not pay any fees, costs or expenses incurred by the insured in the defense of cancellation.
those causes of action which allege matters not insured against by this policy. (b) To Pay or Otherwise Settle With Parties Other than the Insured or
(b)The Company shall have the right, at its own cost, to institute and prosecute W th the Insured Claimant.
any action or proceeding or to de any other act which in its opinion may be (I) to pay or otherwise settle with other parties for or in the name of an
necessary or desirable to establish the Otte to the estate or interest, as insured, or insured claimant any claim Insured against under this policy, together with any
to prevent or reduce loss or damage to the insured. The Company may take any costs, attomeys' fees and expenses incurred by the insured claimant which were
appropriate action under the terms of this policy, whether or not it shaft be liable authorized by the Company up to the time of payment and which the Company is
hereunder, and shall not thereby concede liability or waive any provision of this obligated to pay; or
policy. If the Company shall exercise its rights under this paragraph, it shall do so (ii) to pay or otherwise settle with the insured claimant the loss or damage
diligently, provided for under this policy, together with any costs, attorneys' fees and
(c) Whenever the Company shall have brought an action or interposed a defense expenses incurred by the insured claimant which were authorized by the Company
as required or permitted by the provisions of this policy, the Company may pursue up to the time of payment and which the Company is obligated to pay.
Conditions and Stipulations Continued Inside Cover
Jul cu uc 1C:DJP

OL-NUM unn - r.Dn
z a u-.7.J0 - l/ -rU -F
INVESTORS TITLV INSURANCE COMPANY
A Stock Company
P.O. Drawer 2687
Chapel Hill, North Carolina 27515-2687
OWNER'S POLICY
OF TITLE INSURANCE
SCHEDULE A
Policy Number 200101960GV Policy Date 0110912001 Time 12:40.00 PM
Amount of Insurance
1. Name of Insured EBX NEUSE I, LLC
2. The estate or interest in the land which is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in the Insured.
4. The land herein described is encumbered by the following mortgage and
assignments, if any:
N/A
and the mortgages, if any, shown in Schedule B hereof.
Fl. &V
5. The land referred to in this Policy is in the
State of NC County of GREENE
and described as follows:
BEING ALL THAT PARCEL OF LAND CONSISTING OF 27.70 ACRES, MORE OR LESS, AS
DEPICTED ON A SURVEY ENTITLED "SURVEY FOR E.D.X. NEUSE 1, L.L.C. OF THE
ALEXANDER TRACT" PREPARED BY THE EAST GROUP, ANTHONY J. HAMM, PROFESSIONAL
LAND SURVEYOR L-3754, DATED JANUARY 3, 2001, WHICH SURVEY IS RECORDED IN
PLAT CABINET 26, PAGE 81, GREENE COUNTY REGISTRY, AND IS INCORPORATED HEREIN
FOR A MORE PERFECT DESCRIPTION BY METES AND BOUNDS. IT BEING THE SAME
PROPERTY DESCRIBED IN WILL OF HERBERT E. MURPHY IN ESTATE FILE NUMBER 72 E
20 IN THE GREENE COUNTY CLERK'S OFFICE.
IT IS SPECIFICALLY UNDERSTOOD AND AGREED BY THE GRANTEE HEREIN THAT NO
TOBACCO ALLOTMENT WILL BE INCLUDED IN THIS CONVEYANCE.
SCHEDULE B
Issued through the Office of:
Investors Title Insurance Company
313 West Second St.
P.O. Drawer 7205
Greenville, NC 27835-7205
Tel. [phone] [phone]
Fax[phone] [phone]
Authorized Countersignature
Page 1
Jul 29 U2 12:bap HLHUK UHK - LBA '41U-U5b-U'tbg P.11
INVESTORS TITLE INSURANCE COMPANY
A Stock Company
P.O. Drawer 2687
Chapel Hill, North Carolina 27515-2687
Policy No. 200101960GV
EXCEPTIONS FROM COVERAGE
This Policy does not insure against loss or damage (and the Company will not pay
costs, attorneys, fees or expenses) which arise by reason of:
I. The lien of the security instrument reflected in item 4, Schedule A, if any
be shown.
II. The dower, curtesy, homestead, community property, or other statutory
marital rights, if any, of the spouse of any individual insured.
III.
1. Taxes for the year 2001, and subsequent years, not yet due and payable.
2. Subject to matters shown on Plat Cabinet 26 , Slide 81.
3. Encroachments, overlaps, boundary line disputes, variations or shortages in
area or content, roads, streams, ways or easements or claims of easements, riparian
rights and title to filled in land, and any other matters which would be disclosed
by an accurate survey of the premises.
4. Subject to crop allotments withheld by grantor.
Page 2 '
Jul 29 02 12:53p BLACK OAK - EBX 41U-ass-0464 p.le
CONDITIONS AND STIPULATIONS (Continued)
Upon the exercise by the Company of either of the options provided for in the payment unless the policy has been lost or destroyed in which case proof of
paragraphs (b)(i) or (ii), the Company's obligations to the insured under this polio
~ loss or destruction shall be furnished to the satisfaction of the Company.
for the claimed loss or damage, other than the payments required to be made, shall (b) When liability and the extent of loss or damage has been definitely fixed in
terminate, including any liability or obligation to defend, prosecuts or continue any accordance with these Conditions and Stipulations, the loss or damage shall be
litigation.
7. DETERMINATION, E4TEN T OF LIABILITY AND COINSURANCE. payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETT LEMENT.

This policy is a contract of indemnity against actual monetary loss or damage .
.(a) The Company's Right of Subrogation.
sustained or incurred by the insured claimant who has suffered loss or damage by Whenever the Company shall have settled and paid a claim under this policy, all
reason of matters insured against by this policy and only to the extent herein right of subrogation shall vest in the Company unaffected by any act of the insured
described.
(a) 'I he liabilih, of the Company under this policy shall not exceed the least of:
' claimant.
The Company shall be subrogated to and be entitled to all rights and remedies
i) the Amount of insurance stated in Schedule A; or, which the insured claimant would have had against any person or property in
ii) the difference between die value of the insured estate or interest as
insure and the value of the insured estate or interest subject to the defect, lien or respect to the claim had this policy not been issued. If requested by the Company,
the insured claimant shall transfer to the Company all rights and remedies against
encumbrance insured against by this policy.
(b){n the event the Amount of Insurance stated in Schedule A at the Date of any person or property necessary in order to perfect this right of subrogation. The
insured claimant shall permit the Company to sue, compromise or settle in the
Policy is less than 80 percent of the value of the insured estate or interest or the full
consideration paid for the land, whichever is less, or if subsequent to the Date of name of the insured claimant and to use the name of the insured claimant in any
transaction or litigation involving these rights or remedies.
Policy an improvement is erected on the land which increases the value of the
insured estate or interest by at least 20 percent over the Amount of Insurance
. If a payment on account of a claim does not fully cover the loss of the insured
claimant, the Company shall be subrogated to these rights and remedies in the
stated in Schedule A, then this Policy is subject to the following:
(i) where no subsequent improvement has been made, as to any partial loss, proportion which the Company's payment bears to the whole amount of the loss.
If loss should result from any act of the Insured claimant
as stated above
that
the Company shall only pay the loss pro rata in the proportion that the amount of
insurance at Date of Policy bears to the total value of the insured estate or interest ,
,
act shall not void this policy, but the Company, in that event, shall be required to
pay only that part of any losses insured against by this policy which shall exceed
at Date of Policy; or
(ii) where a subsequent improvement has been made, as to any partial loss,
the Company shall only pay the loss pro rata in the proportion that 120 percent of the amount, ff any, lost to the Company by reason of the impairment by the insured
claimant of the Company's n ht of subrogation.
'
9

the Amount of Insurance stated in Schedule A bears to the sum of the Amount of (b) The Company
s igh
Rights Againson-Insured Obligors.
The Companys right of subrogation against non-insured obligors shall exist and
Insurance stated in Schedule A and the amount expended for the improvement
The provisions of this paragraph shall not apply to costs
attorneys' fees and shall include, without limitation, the rights of the insured to indemnities, guaranties,
,
expenses for which the Company is liable under this policy, and shall only apply to
that portion of any loss which exceeds
in the aggregate
10 percent of the Amount ether policies of insurance or bonds, notwithstanding any terms or conditions
contained in those instruments which provide for subrogation rights by reason of
'
,
,
of Insurance stated in Schedule A. this policy.
14
ARBITRATION

(c)The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations .
,
Unless prohibited by applicable law, either the Company or the insured may
,
8. APPORTIONMENT demand arbitration pursuant to the Title Insurance Arbitration Rules of the
,
If the land described in Schedule A consists of two or more parcels which are not
d
i American Arbitration Association. Arbitrable matters may Include, but are not
limited to
any controversy or claim between the Company and the insured arising
use
as a s
ngle site, and a loss is established affecting one or more of the parcels
but not all, the loss shall be computed and settled on a pro rata basis as if the ,
out of or relating to this policy, any service of the Company in connection with its

amount of insurance under this policy was divided pro rata as to the value on Date
of Policy of each separate parcel to the whole, exclusive of any improvements issuance or the breach of a policy provision or other obligation. Ad arbitrable
matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at

made subsequent to Date of Policy, unless a liability or value has otherwise been
agreed upon as to each parcel by the Company and the insured at the time of the option of either the Company or the insured. All arbitrable matters when the
Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when
issuance of this policy and shown by an express statement or by an endorsement

atta
attached to this policy.
t
is agreed to by both the Company and the insured. Arbitration pursuant to this policy
and under the Rules in effect on the date the demand for arbitration is made or, at
9. I :
h
OFL[t;BltlTi,
M the option of the insured, the Rules in effect at Date of Policy shall be binding upon
(a
)lf the Company establishes the title, or removes the alleged defect, lien or the parties. The award may include attorneys' fees only if the laws of the state in
encumbrance, or cures the lack of a right of access to or from the land, or cures the which the land is located permit a col to award attorneys fees to a prevailing
claim of unmarlceiability of title, all as insured, in a reasonably diligent manner by party. Judgment upon the award rendoered by the Arbitrator(s) may be entered in
any method, including litigation and the completion of any appeals therefrom, it any court having jurisdiction thereof.
shall have fully performed its obligations with respect to that matter and shill not be The law of tt situs of the ° land shall apply to an arbitration under the Title
liable for any foss or damage caused thereby. Insurance Arbitration Rules.
(b)In the event of any litigation, including litigation by the Company or with the
Company's consent, the Company shall have no liability for loss or damage until A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
there has been a final determination by a court of competent jurisdiction, and (a) This policy together with all endorsements, if any, attached hereto by the
disposition of all appeals therefrom, adverse to the title as insured. Company is the entire policy and contract between the insured and the Company.
(c)The Company shall not be liable for loss or damage to any insured for liability In interpreting any provision of this policy, this policy shall be construed as a whole.
voluntarily assumed by the insured in setting any claim or suit without the prior (b) Any claim of loss or damage, whether or not based on negligence, and which
written consent of the Company, arises out of the status of the tide to the estate or interest covered hereby or by any
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF action asserting such claim, shall be restricted to this policy.
LIABILITY. (c) No amendment of or endorsement to this policy can be made except by a
All payments under this policy, except payments made for costs, atiorneys' fees wrifing endorsed hereon or attached hereto signed by either the President, a Vice
and expenses, shall reduce the amount of the insurance pro tanto. President, the Secretary, an Assistant Secretary, or validating officer or authorized
i 1. LIABILITY NONCUMULATIVE, signatory of the Company.
If is expressly understood that the amount of insurance under tiis policy shall be 16. SEVERABILITY.
reduced by any amount the Company may pay under any policy insuring a In the event any provision of the policy is held invalid or unenforceable under
mortgage to which exception is taken in Schedule 5 or to which the insured has applicable law, the policy shall be deemed not to include that provision and all other
agreed, assumed, or taken subject, or which is hereafter executed by an insured provisions shall remain in full force and effect.
and which is a charge or lien on the estate or interest described or referred to in 17. NOTICES, WHERE SENT.
Schedule A, and the amount so paid shall be deemed a payment under this policy
to the insured All notices required to be given the Company and any statement in writing
re
uired to be furnished the Com
shall include the number of this
olic
and
an
owner. q
p
y
p
y
12. PAYMENT OF LOSS. shall be addressed to the Company at Investors Title Insurance Company, P.Q.
(a)No payment shall be made without producing this policy for endorsement of Drawer 2687, Chapel Hill; North Carolina 27515.2687.
=orm No. 109-92-J ALTA OWNER'S POLICY (10-17-92)
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NEU-CON UMBRELLA
WETLAND AND STREAM MITIGATION BANK
ALEXANDER WETLAND MITIGATION SITE
Annual Monitoring Report for 2005 (Year 3)
Environmental Banc & Exchange, LLC
Managers, Bankers, and Traders of Environmental Rights
"we i vwest i w the Evw?rovwu,evut"
TABLE OF CONTENTS
1.0 SUMMARY ........................................................................................................................1
2.0 INTRODUCTION .............................................................................................................. 3
2.1 Project Description ........................................................................................................... 3
2.2 Purpose ............................................................................................................................. 3
2.3 Project History and Schedule ........................................................................................... 4
3.0 HYDROLOGY ...................................................................................................................6
3.1 Success Criteria ................................................................................................................ 6
3.2 Description of Hydrologic Monitoring Efforts ................................................................ 6
3.3 Results of Hydrologic Monitoring ................................................................................... 8
3.3.1 Site Data .................................................................................................................... 8
3.3.2 Climatic Data ..........................................................................................................10
3.4 Hydrologic Conclusions ................................................................................................. 11
4.0 VEGETATION ................................................................................................................12
4.1 Success Criteria .............................................................................................................. 12
4.2 Description of Species and Monitoring Protocol ........................................................... 12
4.3 Results of Vegetative Monitoring .................................................................................. 13
4.4 Vegetation Observations ................................................................................................ 13
4.5 Vegetation Conclusions .................................................................................................. 14
5.0 REFERENCE SITE CONDITIONS ..............................................................................15
6.0 OVERALL CONCLUSIONS AND RECOMMENDATIONS ....................................16
7.0 WILDLIFE OBSERVATIONS ......................................................................................17
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LIST OF FIGURES
Figure 1. Location of the Alexander Mitigation Site ................................................................. 5
Figure 2. Alexander Wetland Mitigation Site As-Built Drawing .............................................. 7
Figure 3. 2005 Groundwater Gauge Data Graph...*
raph ...:................................................................... 9
Figure 4. Historic Rainfall vs. Observed Rainfall ....................................................................11
Figure 5. Comparison of Reference Wetland Data to Restoration Site Data ........................... 15
LIST OF TABLES
Table 1. Hydrologic Monitoring Results for 2005 ..................................................................... 8
Table 2. Comparison of Average Rainfall to Observed Rainfall .............................................10
Table 3. Tree Species Planted within the Alexander Wetland Restoration Area .....................12
Table 4. 2005 Vegetation Monitoring Plot Species Composition ............................................13
Table 5. Volunteer Tree Species Identified in the Alexander Wetland Restoration Area .......13
LIST OF APPENDICES
APPENDIX A. Well Data
APPENDIX B. Photo Log
ANNUAL MONITORING REPORT FOR 2005 (YEAR 3)
Alexander Wetland Mitigation Site
November 2005
1.0 SUMMARY
In March 2003, construction was completed for the restoration of a non-riverine, wet hardwood
forest system throughout the Alexander Wetland Mitigation Site. It is estimated that 18.5 acres
of wetland hydrology were restored, with an additional 0.9 acres of wetland created and 2.15
acres of wetland area preserved. Monitoring of this restoration project is to take place during the
five growing seasons subsequent to construction completion. This Annual Report summarizes
the groundwater and vegetation monitoring activities performed on the Alexander Wetland
Mitigation Site during the third year after construction completion. All data included in this
report correspond to results obtained from monitoring during the year 2005 growing season.
The design for the Alexander Wetland Mitigation Site involved the restoration of a non-riverine,
wet hardwood forest system as described by Schafale and Weakley (1990). In these types of
systems, the wet hardwood flats are dominated by bottomland hardwood species that are found
on flats not typically flooded by rivers or tides. As they extend into the heads of drainages, these
communities may be found to grade into small stream, swamp type ecosystems.
This Annual Report presents data from three wetland monitoring stations, as specified in the
approved Mitigation Plan for the site. Two of these stations are equipped with manual
groundwater gauges (A-Ml and A-M2) and the remaining station is equipped with an automated
groundwater gauge (A-Al) and a manual calibration gauge. Each groundwater gauge location
also serves as a base point from which photographs are taken and referenced. Well data are
shown in Appendix A.
Part of the monitoring effort for this project includes observation of the relationship between
local climatic conditions and site groundwater levels. Weather data from the Snow Hill Weather
Station are used in conjunction with data collected from an onsite manual rain gauge to
document climatic conditions.
As per the approved site Mitigation Plan, four vegetation plots each 0.1 acre in size are being
used to document the survival success of the trees planted throughout the mitigation site.
Survivability of trees in each vegetation plot is used to estimate the average survivability of all
trees planted across the site.
A fire occurred on a portion of the site sometime between late June and early July. The fire was
started as a controlled burn on the adjacent southern property. When the fire spread out of
control the neighboring landowner mowed a fire line through the middle of the Alexander site
just past MW1 and MW2. This action was successful in stopping the fire from spreading
through the remainder of the site. Historically, wild fires were a natural occurrence within the
landscape. While many trees were burned during this event, re-growth of both trees and
herbaceous vegetation was evident within one month of the fire. Photos from the well photo
points are provided in Appendix B. Photos from July show the site immediately after the fire.
Photos from August show the site rebounding one month later. This event is not anticipated to
affect the success of the project.
Hydrologically, the third post-construction growing season at the Alexander Wetland Mitigation
Site was a successful one. Data collected from the onsite groundwater monitoring wells showed
that the site experienced consecutive soil saturation within 12 inches of ground surface for over 7
percent of the growing season (17 successive days), meeting hydrologic success criteria. The
vegetation monitoring indicated survival rates between 280 and 510 stems per acre. One plot is
currently below the initial vegetation survival criteria of 320 stems per acre surviving at the end
of the third growing season. Plots 1 and 2 are located in the area that burned during the growing
season. Plot 1 is currently not meeting the success criteria. An average survivability of 372
stems per acre exists on the site and includes the burned and firebreak-mown areas (totaling
approximately 5 acres) that encompass two of the four monitoring plots. During the next
growing season, stem counts are expected to increase based on observed regeneration of some of
the burned trees. Based on survival rates of 80 percent or greater and possible stem regeneration
from root stock, we do not estimate that any remedial action is necessary to achieve success
criteria survival rates.
2
2.0 INTRODUCTION
2.1 Project Description
Located in Greene County, North Carolina, the entire Alexander Wetland Mitigation Site parcel
covers 28 acres and is located approximately five miles east of the town of Snow Hill, off North
Carolina State Road 1490 (Figure 1). This project provides compensatory mitigation for wetland
impacts associated with North Carolina Department of Transportation (NCDOT) projects within
the resident hydrologic unit. The Alexander Site was designed to restore a non-riverine, wet
hardwood forest system as described by Schafale and Weakley (1990). Construction, planting,
and installation of groundwater and rain gauge monitoring equipment were all completed in
March 2003. This report documents the third year of monitoring for the site.
The Mitigation Plan predicted that approximately 18.5 acres of wetland restoration and 2.4 acres
of wetland creation were available on the site. Post-construction survey verified restoration
practices were implemented on an area extending 18.5 acres, and revealed the amount of created
wetlands reached only 0.9 acres. Wet conditions during construction made it difficult to move
fill material from one area of the site to another. For this reason, a non-hydric soil area at the
lower southwestern corner of the site that required placement of hydric soils for wetland creation
was left unconverted. This reduced the total created wetland area to only 0.9 acre instead of the
targeted 2.4 acres. To compensate for this, an additional 2.15 acres of wetlands existing on the
western side of the mitigation site were preserved through the establishment of a conservation
easement surrounding the entire mitigation site.
2.2 Purpose
Monitoring of the Alexander Site is required to demonstrate successful mitigation based on the
criteria described in both the Mitigation Plan and the Neu-Con Umbrella Wetland Mitigation
Bank Instrument, as well as through comparison to conditions at a selected reference site.
Hydrologic and vegetation monitoring are conducted throughout each growing season for the
five consecutive years following construction, and success criteria must be met for each of those
five years. This Annual Report details the findings obtained from the hydrologic and vegetation
monitoring performed during post-construction Year 3 (2005) at the Alexander Mitigation Site.
2.3 Project History and Schedule
May 2000 Pre-Restoration Monitoring Gauges Installed
March 2003 Approved Mitigation Plan
March 2003 Construction Began
March 2003 Construction Completed
March 2003 Post-Construction Monitoring Plots Established
March 2003 Planting Completed
April 2003 As-Built Report Submitted
November 2003 1St Annual Monitoring Report
November 2004 2nd Annual Monitoring Report
November 2005 3rd Annual Monitoring Report
November 2006 (scheduled) 4th Annual Monitoring Report
November 2007 (scheduled) 5th Annual Monitoring Report
4
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Figure 1. Location of the Alexander Mitigation Site.
5
3.0 HYDROLOGY
3.1 Success Criteria
The hydrologic success criterion for this site requires the groundwater table remain within 12
inches of the soil surface for at least 7 percent of the growing season. The National Weather
Service Wetlands Determination Tables (WETS) for the Greeneville 2, NC3638 weather station
defines the growing season for Greene County as a 242-day period extending from March 16 to
November 13 of each year. Using this data as a base, the time period for which hydrologic
success criterion must be met translates to 17 consecutive days.
The Mitigation Plan specifies that groundwater data is to be collected from manual and
automated groundwater gauges. This plan further specifies that successful hydrologic data must
demonstrate wetland conditions are present in normal or dryer than normal conditions.
Monitoring data collected from the reference wetland system identified in the Mitigation Plan is
included here to demonstrate the positive correlation existing between the sites's restored
hydrology and the natural hydrology of the target system.
3.2 Description of Hydrologic Monitoring Efforts
Two manual groundwater gauges (A-M1 and A-M2), one automated Infinities groundwater
gauge (A-Al), and one rain gauge were installed onsite to monitor site hydrology (Figure 2). All
manual and automated groundwater gauges were installed to a depth of at least 32 inches below
the ground surface. The monitoring protocol for the site specifies that automated monitoring
stations must be downloaded and checked for malfunctions on a monthly basis. During monthly
site visits, manual groundwater gauges are read and rainfall totals are collected from the on-site
rain gauge. Raw hydrograph data from monitoring gauges are presented in Appendix A.
Monitoring stations were established across the site to document the restoration of wetland
hydrology. A fire that spread though the southern part of the site did not affect the wells or any
hydrology data collected during the growing season. Monitoring data collected thus far indicate
that a range of hydrologic conditions have been successfully restored to the Alexander Site.
6

REVISIONS
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3.3 Results of Hydrologic Monitoring
3.3.1 Site Data
The following hydroperiod statistics were calculated for each monitoring station during
the growing season: 1) most consecutive days that the water table was within twelve
inches of the soil surface; 2) cumulative number of days that the water table was within
twelve inches of the soil surface; and 3) number of times that the water table rose to
within twelve inches of the soil surface. The results of these calculations are presented in
Table 1. Figure 3 provides a chart of the water depth for each of the onsite groundwater
monitoring gauges. The locations of each gauge are shown in Figure 2.
Groundwater levels are closely related to neighboring climatic conditions. A concurrent
precipitation graph is shown across the top of the hydrograph in Figure 3 to demonstrate
the reaction of groundwater level at each monitoring location to specific rainfall events.
More detailed information on precipitation data is included in the following section.
The site was designed to function with rainfall as its primary hydrologic influence.
Monitoring data have shown the influence of rainfall on site hydrology. During most site
visits in the 2005 monitoring season, evidence of surface inundation was observed in
areas across the monitored restoration area.
Table 1. Hydrologic Monitoring Results for 2005 (Year 3).
Monitoring Most Consecutive Days Cumulative Days Number of Instances
Station Meeting Criteria' Meeting Criteria2 Meeting Criteria3
A-Al 43(17.8%) 69(28.5%) 3
A-M1 -43(17.8%) -69(28.5%) -3
A-M2 -43(17.8%) -69(28.5%) -3
Ref-Al 50(20.7%) 82(33.9%) 4
Notes:
Percentage indicates percent of the growing season.
1. Indicates the most consecutive number of days within the monitored growing season with a
water table less than 12 inches from the soil surface.
2. Indicates the cumulative number of days within the monitored growing season with a water
table less than 12 inches from the soil surface.
3. Indicates the number of instances within the monitored growing season when the water table
rose to less than 12 inches from the soil surface.
4. Groundwater gauge A-Ml and A-M2 are manual gauges. Hydrologic parameters are
estimated based on data from gauge A-Al. The data indicate that, in general, wetter
conditions are experienced at the location of A-M1 and A-M2 than A-Al.
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3.3.2 Climatic Data
Table 2 is a comparison of the 2005 monthly rainfall to historical precipitation data
collected between 1961 and 1990 for the Greene County area. Observed data presented
were collected from Snow Hill gauge, an automated weather station in Snow Hill, Greene
County, approximately 5 miles west of the project site. Monthly rainfall for November
and December 2005 were not available at the time this report was compiled. Monthly
rainfall for October, November, and December 2004 became available subsequent to
preparation of the year 2004 monitoring report, and are included here as supplemental
information.
Rain data collected from the automated gauge at Snow Hill from January 2005 through
September 2005 shows a total yearly rainfall of 30.5 inches, compared to the area's
historic average of 40.1 inches for the same period of time. This comparison shows year
2005 rainfall was well below the historical yearly average rainfall for the area.
Table 2. Comparison of Average Rainfall to Observed Rainfall.
Observed Precipitation (P),
inches
Month Average 30% 70% Month P
October 3.01 1.63 3.68 October 2004 0.84
November 2.9 1.94 3.47 November 2004 4.7
December 3.3 2.13 3.97 December 2004 1.76
January 4.22 3.16 4.93 January 2005 2.43
February 3.75 2.78 4.4 February 2005 1.61
March 3.86 2.86 4.52 March 2005 4.63
April 3.33 1.97 4.04 April 2005 4
May 4.33 2.86 5.19 May 2005 4.8
June 4.85 3.06 5.85 June 2005 2.58
July 5.27 3.57 6.29 July2005 3.74
August 6.26 3.96 7.55 August 2005 3.75
September 4.25 2.38 5.17 September 2005 2.69
October 3.01 1.63 3.68 October 2005 * 3.43*
November 2.9 1.94 3.47 November 2005 N/A
December 3.3 2.13 3.97 December 2005 N/A
Notes:
* Rainfall data for dates of October 1-21, 2005 were unavailable at the time of preparation of
this report.
10
Alexander Wetland Mitigation Site
Historic Average vs. Observed Rainfall
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Figure 4. Historic Rainfall vs. Observed Rainfall
3.4 Hydrologic Conclusions
Data collected from all the groundwater monitoring gauges on the Alexander Mitigation Site
indicate that hydrologic success criteria were met during the 2005 growing season. All gauges
indicated constant saturated conditions for greater than 7 percent of the growing season during a
dryer then normal year. In general, constant saturated conditions were documented for
approximately 18 percent of the growing season, with cumulative saturated conditions for over
20 percent of the growing season. These data, together with the corresponding climatic data for
the area, show the site was able to meet the hydrologic success criteria for the 2005 growing
season, despite receiving notably less rainfall than the long-term yearly average.
11
4.0 VEGETATION
4.1 Success Criteria
The interim measure of vegetative success identified in the approved Mitigation Plan will be the
survival of at least 320, 3-year-old, planted trees per acre at the end of Year 3 of the monitoring
period. The final vegetative success criteria will be the survival of 260, 5-year-old, planted trees
per acre at the end of the monitoring period. Up to 20 percent of the site species composition
may be comprised of volunteer species thriving in the area surrounding the project site.
Remedial action may be required should these species (e.g. Loblolly Pine (Pinus taeda), Red
Maple (Acer rubrum), Sweet Gum (Liquidambar straciflua) impact area of the site and/or exceed
the 20 percent of the species composition based on vegetation monitoring data.
Construction of the site was completed in March 2003. Monitoring plots for tree survivability
were located on March 18, 2003. Approximately 14,000 trees were planted over 18.5 acres. The
tree species planted at the site are shown in Table 3.
Table 3. Tree Species Planted within the Alexander Wetland Restoration Area.
ID Scientific Name Common Name FAC Status
1 Fraxinus pennsylvanica Green Ash FACW
2 Nyssa biflora Swamp Tupelo OBL
3 Nyssa sylvatica Blackgum FAC
4 Quercus laurifolia Laurel Oak FACW
5 Quercus michauxii Swamp Chestnut Oak FACW-
6 Quercus phellos Coastal Willow Oak FACW-
7 Quercus shumardii Shumard Oak FACW-
8 Taxodium distichum Bald Cypress OBL
4.2 Description of Species and Monitoring Protocol
The following monitoring protocol was designed to observe vegetation survival. Four plots were
established on the Alexander Mitigation Site; they cover approximately 2 percent of the site.
The vegetation monitoring plots were designed to be 0.1 acre in size, or 66 x 66 feet
dimensionally. The plots were randomly located and randomly oriented within the wetland
restoration area.
Plots used metal fence posts at each of the four corners to clearly and permanently establish the
area that was to be sampled. Ropes were hung connecting all four corners to help determine if
trees close to the plot boundaries fall inside or outside of the sample plot area. A piece of white
PVC pipe ten feet tall was placed over one corner metal post to facilitate visual location of each
sampling plot throughout the five-year monitoring period.
All stems planted within plot limits were flagged to permanently identify them as planted stems
rather than volunteer species, and to help locate them in the future. Each stem was also tagged
with a permanent numbered aluminum tag. In addition, a 3-foot section of a half-inch PVC was
installed adjacent to each planted tree during the 2004 growing season. The PVC pipe was
12
reinstalled in plot 1 and plot 2 in the fall of 2005 due to the damage incurred during a fire earlier
in the year.
Tree counts include all trees planted during construction of the project, all trees substituted with
cypress and swamp gum during Year 1 in order to reconcile species and landscape compatibility
issues, and any volunteer species found on the plot. Trees growing on the boundary line and
trees just outside of the boundary with over 50 percent of their canopy within sample plot limits
were included in the plot vegetation count.
4.3 Results of Vegetative Monitoring
Table 4 shows stem counts for each of the monitoring stations. Each vegetation plot is identified
down the left column of the table and each planted tree species is identified by number across the
top row (see Table 3 to match Species ID with the species name). Trees are flagged regularly to
prevent data loss from flag degradation between tree counts. Flags are used to tag trees because
they do not interfere with the growth of the tree. Volunteer individuals are also flagged during
this process.
Table 4. 2005 Vegetation Monitoring Plot Species Composition.
Plot 1 2 3 4 5 6 7 8 Total Stem/ac
Al 13 1 1 2 0 0 0 11 28 280
A2 11 2 7 3 4 2 2 4 35 350
A3 6 1 4 1 10 4 6 3 35 350
A4 1 0 4 2 12 0 32 0 51 510
Average Stems/Acre: 372
Volunteer species will also be monitored throughout the five-year monitoring period. Table 5
shows the most commonly found woody volunteer species. The current volunteer count on the
Alexander site is minimal, consisting mostly of sweetgums near the forest edges. Only a few
volunteers were seen in the vegetation monitoring plots and they were deemed too small to flag
(less than 6 inches tall). If these trees persist into next growing season they will be flagged and
added to the overall stems per acre assessment of the site.
Table 5. Volunteer Tree Species Identified in the Alexander Wetland Restoration Area.
ID Scientific Name Common Name FAC Status
A Liquidambar styraciflua Sweetgum FAC+
B Platanus occidentalis Sycamore FACW-
C Acer rubrum Red Maple FAC
D Carya spp. Hickory Note
E Fraxinus spp. Ash Note
Notes:
1. Sapling; positive identification not possible.
2. Positive identification not possible. FAC status is unknown.
4.4 Vegetation Observations
After construction of the mitigation site a permanent ground cover seed mixture of Virginia wild
rye (Elymus virginicus), switch grass (Panicum virgatum), and fox sedge (Carex vulpinoidea)
13
was broadcast on the site at a rate of 10 pounds per acre. These species and volunteering panic
grass (Dicanthelium spp), rice cut grass (Leersia spp) and a bent grass (Agrostis spp) are found
on the site, though they pose no threat to the survival or health of the planted or naturally
occurring hydrophytic vegetation. Hydrophytic herbaceous vegetation is also volunteering on
site. Rush (Juncos effusus), sedge (Carex sp. & Cyperus sp.), tear-thumb (Polygonum
sagittatum), giant cane (Arundinaria gigantean), and spike-rush (Eleocharis obtusa), all
hydrophytic herbaceous plants, are frequently observed across the site particularly in areas of
inundation. Cat-tail (Typha latifolia) is also on site. The presence of these herbaceous wetland
plants helps to confirm the presence of wetland hydrology on the site.
There are a few drier weedy species occurring on the perimeter of the site, though none seem to
be posing any problems for the woody or herbaceous hydrophytic vegetation. The majority of
the weedy species are annuals found on isolated hummocks and they are believed to pose very
little threat to survivability in site. Weedy vegetation includes ragweed (Ambrosia
artemisiifolia) and sedge (Cyperus spp.). The hummock dynamic is consistent with the targeted
wetland system.
4.5 Vegetation Conclusions
Approximately 18.5 acres of this site was planted in non-riverine wet hardwood species in March
2003. There were four 1/10th acre vegetation-monitoring plots established throughout the
planting areas. Vegetation monitoring for the 2005 growing season revealed tree survival rate
ranging between 280 and 510 stems per acre. The lower survival rates on plot 1 were caused by
the fire that spread from an adjacent property. Based on field observations we expect that
numerous trees will re-generate in the spring of 2006.
14
5.0 REFERENCE SITE CONDITIONS
The approved Mitigation Plan states that if the rainfall data for any given year during the
monitoring period is not normal the reference wetland data can be accessed to determine if there
is a positive correlation between the performance of the restoration site and the natural hydrology
of the reference site.
Although appropriate hydrology was observed at the site during the 2005 monitoring season,
data from the reference site are compared to restoration site data in Figure 5. Data from the
reference wetland groundwater gauge show a positive correlation with the automated and manual
groundwater gauges located across the restoration site for the months of March to September
2005. The groundwater gauge at the reference site malfunctioned during the month of October
2005, thus comparison of groundwater level at the two sites for this month is not possible.
Automated gauge data show the similarity of the natural hydrology of the reference site to the
restored hydrology of the Alexander Mitigation Site. Since the reference site is adjacent to the
restoration site, the sites are subject to the same climatic conditions.
3/16/2005 4/15/2005 5/1512005 6/14/2005 7/14/2005 8/13/2005 9/12/2005 10/12/2005 11/11/2005
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Figure 5. Comparison of Reference Wetland Data to Restoration Site Data.
- Restoration A-A1
• Restoration A-M1
A Restoration A-M2
-Reference Wetland
15
6.0 OVERALL CONCLUSIONS AND RECOMMENDATIONS
• Third year hydrologic monitoring data show that wetland hydrology criteria have been
achieved.
• Vegetation monitoring efforts have calculated the average number of stems per acre on site to
be 372 which is an overall survival rate of greater than 56 percent based on the initial
planting count of 562 stems per acre. Without the effects of the fire, the survival rate would
be close to 80 percent. Survivability is well within the acceptable level despite the increased
mortality resulting from the burn and the firebreak mowing.
• The burned area, which is approximated at 5 acres, will be closely monitored in the early
growing season for re-generation. Plot 1, which is located closest to the origin of the fire, has
shown the highest mortality. Some additional damage to trees was incurred during the
mowing of fire breaks. The mowed and burned areas will be evaluated in the spring to
evaluate the need for supplemental planting.
• Monitoring of vegetation and groundwater and surface water levels will continue.
16
7.0 WILDLIFE OBSERVATIONS
During the 2005 growing season, deer tracks were common during site visits. Rabbit and
raccoon skat were observed on numerous occasions. Frogs are commonly found around the
perimeters of more saturated areas that maintain ponded water for extended periods of time.
Wading birds and herons have also been observed occasionally near these ponded areas.
Crayfish chimneys can be found in many areas of the site.
17
APPENDICES
(APPENDIX MATERIALS ARE INCLUDED ON ENCLOSED CD)
Neu-Con Umbrella Wetland and Stream Mitigation Bank
Alexander Wetland Mitigation Site
Annual Monitoring Report for 2004 (Year 2) RIE@[NOW01
DEC ® 1 2004
NR WATER A ITY
WETLAN S AND STOR WATER BRANCH

Environmental Banc & Exchange, LLC
Managers, Bankers, and Traders of Environmental Rights
"We IwveSt I, the >?KVv MVLKA_eV?,t"
TABLE OF CONTENTS
SUMMARY .................................................................................................................................... 1
1. INTRODUCTION .................................................................................................................. 2
1.1 PROJECT DESCRIPTION .............................................................................................. 2
1.2 PURPOSE ........................................................................................................................ 2
1.3 PROJECT HISTORY AND SCHEDULE ....................................................................... 3
2. HYDROLOGY ....................................................................................................................... 5
2.1 SUCCESS CRITERIA ..................................................................................................... 5
2.2 DESCRIPTION OF HYDROLOGIC MONITORING EFFORTS ................................. 5
2.3 RESULTS OF HYDROLOGIC MONITORING ............................................................ 7
2.3.1 Site Data .................................................................................................................... 7
2.3.2 Climatic Data ............................................................................................................ 9
2.4 HYDROLOGIC CONCLUSIONS .................................................................................. 9
3. VEGETATION .....................................................................................................................10
3.1 SUCCESS CRITERIA ................................................................................................... 10
3.2 DESCRIPTION OF SPECIES AND MONITORING PROTOCAL ............................. 10
3.3 RESULTS OF VEGETATIVE MONITORING ............................................................ 11
3.4 VEGETATION CONCLUSIONS ................................................................................. 11
4. REFERENCE SITE CONDITIONS ..................................................................................... 12
5. OVERALL CONCLUSIONS AND RECOMMENDATIONS ........................................... 13
6. WILDLIFE OBSERVATIONS ............................................................................................ 13
7. VEGETATION OBSERVATIONS ...................................................................................... 13
LIST OF FIGURES
FIGURE 1. PROJECT LOCATION - ALEXANDER MITIGATION SITE ..............................4
FIGURE 2. ALEXANDER WETLAND MITIGATION SITE AS-BUILT DRAWING ............ 6
FIGURE 3. 2004 GROUNDWATER GAUGE DATA GRAPH ..................................................8
FIGURE 4. COMPARISON OF REFERENCE WETLAND DATA TO RESTORATION
SITE DATA ............................................................................................................12
LIST OF TABLES
TABLE 1. HYDROLOGIC MONITORING RESULTS FOR 2004 (YEAR 2) ...........................7
TABLE 2. COMPARISON OF AVERAGE RAINFALL TO OBSERVED RAINFALL ........... 9
TABLE 3. TREE SPECIES PLANTED WITHIN THE ALEXANDER WETLAND
RESTORATION AREA ............................................................................................10
TABLE 4. 2004 VEGETATION MONITORING PLOT SPECIES COMPOSITION ............... 11
TABLE 5. VOLUNTEER TREE SPECIES IDENTIFIED IN THE ALEXANDER
WETLAND RESTORATION AREA ........................................................................11
LIST OF APPENDICES
APPENDIX A. HYDROGRAPH DATA
APPENDIX B. PHOTO LOG
ANNUAL MONITORING REPORT FOR 2004 (YEAR 2)
Alexander Wetland Mitigation Site
November 2004
SUMMARY
This Annual Report details the monitoring activities performed during the 2004 growing season
on the Alexander Wetland Mitigation Site. The data represent results from the second year of
hydrologic and vegetation monitoring.
The design for the Alexander Wetland Mitigation Site involved the restoration of a non-riverine
wet hardwood forest system as described by Schafale and Weakley (1990). In these types of
systems, the wet hardwood flats are dominated by bottomland hardwood species that are found
on flats not typically flooded by rivers or tides. These communities may grade to small stream
swamp at the heads of drainages. After construction, it was estimated that 18.5 acres of wetland
hydrology were restored, with an additional 0.9 acres of wetland created and 2.15 acres of
wetland were preserved.
This Annual Report presents the data from three wetland monitoring stations, as specified in the
approved mitigation plan for the site. Two stations are equipped with manual groundwater
gauges (A-M1 and A-M2) and the remaining station is equipped with an automated gauge (A-
A1) and a manual calibration gauge. Additionally, the gauges are points from which
photographs are taken and referenced. Weather station data from the Snow Hill Weather Station
are used in conjunction with a manual rain gauge located on the site to document climatic
conditions. To date, both rainfall gauges corroborate that the total rainfall was approximately
two and one half inches below average for the period between January and the first of October.
Findings from the groundwater and vegetation monitoring stations for the second growing season
are presented. In 2004, all three groundwater monitoring stations met the hydrologic success
criteria based on the data collected.
In accordance with the approved mitigation plan, four vegetation plots, 0.1 acre in size, are used
to document the success of planted trees on the mitigation site. The vegetation monitoring
indicated an average survivability of over 470 stems per acre, which is on a trajectory to achieve
the initial vegetation survival criteria of 320 stems per acre after the third growing season. The
average survivability included isolated areas (totaling approximately 1 acre) that were replanted
with cypress and swamp gum in order to reconcile species and landscape compatibility issues
that were noted in year one.
1. INTRODUCTION
1.1 PROJECT DESCRIPTION
Located in Greene County, North Carolina, the entire Alexander Wetland Mitigation Site parcel
encompasses 28 acres. It is situated approximately five miles east of the town of Snow Hill, off
of State Road 1490 (Figure 1). This project provides compensatory mitigation for wetland
impacts associated with NC Department of Transportation projects within the resident
hydrologic unit. The Alexander Site was designed to restore a non-riverine wet hardwood forest
system as described by Schafale and Weakley (1990). Construction, planting, and installation of
groundwater and rain gauge monitoring equipment were all completed in March 2003. This
report documents the second year of monitoring for the site.
The Mitigation Plan predicted that approximately 18.5 acres of wetlands restoration and 2.4
acres of wetland creation were available on the site. Restoration practices were implemented on
an area that was surveyed and verified at 18.5 acres, and the amount of created wetlands was 0.9
acres. Because of the wet conditions during construction, it was difficult to move fill material
from one area of the site to another. For this reason, the non-hydric soil area in the lower
southwestern corner of the site that was originally targeted for wetland creation was left
ungraded, resulting in only 0.9 acre of creation instead of the targeted 2.4 acres. An additional
2.15 acres of existing wetlands were preserved on the western side of the mitigation site through
the conservation easement placed on the entire mitigation site.
1.2 PURPOSE
Monitoring of the Alexander Site is required to demonstrate successful mitigation based on the
criteria described in the Mitigation Plan and the Neu-Con Umbrella Wetland Mitigation Bank
Instrument, and through a comparison to reference site conditions. Both hydrologic and
vegetation monitoring are conducted throughout the growing season. Success criteria must be
met for five consecutive years. This Annual Report details the results of the hydrologic and
vegetation monitoring for 2004 (Year 2) at the Alexander Mitigation Site, which represents the
second year of monitoring following construction.
2
1.3 PROJECT HISTORY AND SCHEDULE
May 2000
Pre-Restoration Monitoring Gauges Installed
March 2003 Approved Mitigation Plan
March 2003 Construction Began
March 2003 Construction Completed
March 2003 Post-Construction Monitoring Plots Established
March 2003
April 2003
November 2003
November 2004
November 2005 (scheduled)
November 2006 (scheduled)
November 2007 (scheduled)
Planting Completed
As-Built Report Submitted
lst Annual Monitoring Report
2nd Annual Monitoring Report
3rd Annual Monitoring Report
4th Annual Monitoring Report
5th Annual Monitoring Report
3
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owing Mills. MD 21117
Figure 1.1
Project Location
Alexander Mitigation Site
4
2. HYDROLOGY
2.1 SUCCESS CRITERIA
As stated in the approved Mitigation Plan, the hydrologic success criterion for the site is
restoration of the water table so that it will remain within 12 inches of the soil surface for at least
7% of the growing season (17 consecutive days). The day counts are based on the growing
season for Greene County, which is 242 days long, beginning on March 16 and ending
November 13, as determined from National Weather Service Wetlands Determination Tables
(WETS) for the Greeneville 2, NC3638 station. The Mitigation Plan specified that data would
be collected from manual and automated groundwater gauges.
The Mitigation Plan further specifies that in order for the hydrologic data to be considered
successful, the data must demonstrate wetland conditions are present in normal or dryer than
normal conditions. For comparison, we have included monitoring data from the reference
system identified in the Mitigation Plan because it demonstrates positive correlations between
the restoration site and the natural hydrology of the target system.
2.2 DESCRIPTION OF HYDROLOGIC MONITORING EFFORTS
Two manual groundwater gauges (A-M1 and A-M2), one automated Infinities groundwater
gauge (A-Al), and one rain gauge were installed to monitor site hydrology (Figure 2).
Groundwater gauges, both manual and automated, were installed to a minimum depth of at least
32 inches below the ground surface. The monitoring protocol for the site specifies that automated
monitoring stations will be downloaded and checked for malfunctions on a monthly basis.
During monthly site visits, manual groundwater gauges are read and rainfall totals are collected
from the on-site rain gauge. Raw hydrograph data from monitoring gauges are presented in
Appendix A.
Monitoring stations were established across the site to document the restoration of wetland
hydrology. Monitoring data collected thus far have demonstrated that a range of hydrologic
conditions have been successfully restored to the Alexander Site.
REVISIONS
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2.3.1 Site Data
The following hydroperiod statistics were calculated for each monitoring station during the
growing season: 1) most consecutive days that the water table was within twelve inches of the
surface; 2) cumulative number of days that the water table was within twelve inches of the soil
surface; and 3) number of times that the water table rose to within twelve inches of the soil
surface. The results of these calculations are presented in Table 1. Figure 3 provides a chart of
the water depth for each of the monitoring gauges on the site; locations of each gauge are shown
in Figure 2. Precipitation is shown across the top of the hydrograph in Figure 3. These graphs
demonstrate the reaction at each monitoring location of the groundwater level to specific rainfall
events.
The site was designed to function with rainfall as its primary hydrologic influence. Monitoring
has thus far demonstrated the influence of rainfall on site hydrology. During most site visits in
the 2004 monitoring season, evidence of surface inundation was observed in areas across the
monitored restoration area.
Table 1. Hydrologic Monitoring Results for 2004 (Year 2).
Percentage indicates percent of the growing season.
Monitoring
Station Most Consecutive Days
Meeting Criterial Cumulative Days
Meeting Criteria2 Number of Instances
Meeting Criteria3
A-Al 33(13.6%) 106(44%) 14
A-M1 > 33 (13.6%) > 106 (44%) -14
A-M2 > 33 (13.6%) > 106 (44%) - 14
' Indicates the most consecutive number of days within the monitored growing season with a water table
less than 12 inches from the soil surface.
z Indicates the cumulative number of days within the monitored growing season with a water table less than
12 inches from the soil surface.
3 Indicates the number of instances within the monitored growing season when the water table rose to less
than 12 inches from the soil surface.
4 Groundwater gauge A-M 1 and A-M2 are manual gauges. Hydrologic parameters are estimated based on
data from gauge A-Al. The data indicate that, in general, wetter conditions are experienced at the
location of A-M1 and A-M2 than A-A1.
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Table 2 is a comparison of the 2004 monthly rainfall to historical precipitation (collected
between 1961 and 1990) for the Pitt County area. Data presented were collected from an
automated weather station in Greenville, since no long-term weather data were available for
Greene County. For the period of record in which rainfall measurements were collected on-site
(January 2 through October 4), the rainfall total from the Snow Hill gauge (37.6 inches)
correlates well with data collected from the onsite manual rain gauge (36.9 inches). This
comparison gives an indication of how 2004 compares to historical data in terms of average
rainfall. The beginning of the growing season was very dry, but the second part of the growing
season had above normal rainfall. For the 2004 period of record shown, total rainfall was
approximately two and one half inches lower than the long-term average. Monthly rainfall for
October, November, and December 2004 were not available at the time that this report was
compiled.
Table 2. Comparison of Average Rainfall to Observed Rainfall.
Month Average 30% 70% Observed 2004
Precipitation
January 4.22 3.16 4.93 1.52
February 3.75 2.78 4.4 4.54
March 3.86 2.86 4.52 0.67
April 3.33 1.97 4.04 4.50
May 4.33 2.86 5.19 5.14
June 4.85 3.06 5.85 7.02
Jul 5.27 3.57 6.29 3.02
August 6.26 3.96 7.55 9.33
September 4.25 2.38 5.17 1.86
October 3.01 1.63 3.68 N/A
November 2.9 1.94 3.47 N/A
December 3.3 2.13 3.97 N/A
2.4 HYDROLOGIC CONCLUSIONS
Data collected from all the groundwater monitoring gauges on the Alexander Mitigation Site
indicate that hydrologic success criteria have been met during the 2004 growing season. All
gauges have demonstrated constant saturated conditions for greater than 7% of the growing
season. In general, constant saturated conditions have been documented for approximately 14%
of the growing season, with cumulative saturated conditions for over 43% of the growing season.
Overall, near average conditions were experienced during 2004. The site has performed well and
it is expected to meet wetland hydrology for the five year monitoring period.
9
3. VEGETATION
3.1 SUCCESS CRITERIA
The interim measure of vegetative success identified in the approved Mitigation Plan will be the
survival of at least 320 3-year old planted trees per acre at the end of year 3 of the monitoring
period. The final vegetative success criteria will be the survival of 260 5-year old planted trees
per acre at the end of the monitoring period. Up to 20% of the site species composition may be
comprised of volunteer species. Remedial action may be required should these species (e.g.
Loblolly Pine (Pinus taeda), Red Maple (Acer rubrum), Sweet Gum (Liquidambar straciflua)
present a problem and/or exceed the 20% composition.
Construction of the site was completed in March 2003. Monitoring plots for tree survivability
were located on March 18, 2003. Approximately 14,000 trees were planted over 18.5 acres.
3.2 DESCRIPTION OF SPECIES AND MONITORING PROTOCAL
Table 3. Tree species planted within the Alexander Wetland Restoration Area.
ID Scientific Name Common Name FAC Status
1 Fraxinus pennsylvanica Green Ash FACW
2 Nyssa bi ora Swamp Tupelo OBL
3 Nyssa sylvatica Blackgum FAC
4 Quercus lauri olia Laurel Oak FACW
5 Quercus michauxii Swamp Chestnut Oak FACW-
6 Quercus phellos Coastal Willow Oak FACW-
7 Quercus shumardii Shumard Oak FACW-
8 Taxodium distichum Bald Cypress OBL
The following monitoring protocol was designed to observe vegetative survivability. Four plots
were established on the Alexander Mitigation Site, to monitor approximately 2% of the site. The
vegetation monitoring plots were designed to be 0.1 acre in size, or 66 x 66 feet dimensionally.
The plots were randomly located and randomly oriented within the wetland restoration area.
Plot construction involved using metal fence posts at each of the four corners to clearly and
permanently establish the area that was to be sampled. Then ropes were hung connecting all four
corners to help in determining if trees close to the plot boundary were inside or outside of the
plot. Trees immediately on the boundary, and trees just outside of the boundary that appear to
have greater than 50% of their canopy inside the boundary were counted inside the plot. A piece
of white PVC pipe ten feet tall was placed over the metal post on one corner to facilitate visual
location of each sampling plot throughout the five-year monitoring period.
All of the planted stems inside the plot were flagged to mark them as the planted stems, (rather
than volunteer species) and to help in locating them in the future. Each stem was then tagged
with a permanent numbered aluminum tag. During the 2004 growing season a 3 foot section of
half-inch PVC was installed adjacent to the planted trees.
10
3.3 RESULTS OF VEGETATIVE MONITORING
Table 4 presents stem counts for each of the monitoring stations. Each planted tree species is
identified across the top row and each plot is identified down the left column. The numbers on
the top row correlate to the ID column in Table 3. Trees are flagged regularly before they
degrade. Flags are utilized because they will not interfere with the growth of the tree. Volunteer
species are also flagged during this process.
Table 4. 2004 Vegetation Monitoring Plot Species Composition.
Plot 1 2 3 4 5 6 7 8 Total Stem/ac
Al 14 3 10 1 1 0 0 27 56 560
A2 13 5 10 4 3 1 3 6 45 450
A3 6 2 3 1 10 4 7 3 36 360
A4 1 0 4 2 12 0 33 0 52 520
Average Stems/Acre: 472.5
Volunteer species will also be monitored throughout the five year monitoring period. Below is a
table of the most commonly found woody volunteer species. The current volunteer count on the
Alexander site is minimal, consisting mostly of sweetgums near the forest edges. Only a few
volunteers were seen in the vegetation monitoring plots and they were deemed to small to flag
(less than 6 inches tall). If these trees persist into next growing season they will be flagged and
added to the overall stems per acre assessment of the site.
Table 5. Volunteer Tree Species Identified in the Alexander Wetland Restoration Area.
ID Species Common Name FAC Status
A Liquidambar styraciflua Sweetgum FAC+
B Platanus occidentalis Sycamore FACW-
C Acer rubrum Red Maple FAC
D Carya spp. * Hickory
E Fraxinus spp. * Ash
* First year sapling; positive identification not possible
3.4 VEGETATION CONCLUSIONS
Approximately 18.5 acres of this site was planted in non-riverine wet hardwoods species in
March 2003. There were four 1/10th acre vegetation monitoring plots established throughout the
planting areas. The 2004 vegetation monitoring revealed an average tree density greater than 470
stems per acre. This site is easily on trajectory for meeting the minimum success interim criteria
of 320 trees per acre by year three and the final success criteria of 260 trees per acre by year five.
11
4. REFERENCE SITE CONDITIONS
The approved Mitigation Plan provides that if the rainfall data for any given year during the
monitoring period is not normal the reference wetland data can be accessed to determine if there
is a positive correlation between the performance of the restoration site and the natural hydrology
of the reference site.
Although appropriate hydrology was observed at the site during the 2004 monitoring season,
data from the reference site are compared to restoration site data in Figure 4 since rainfall totals
were slightly lower than normal. Data from the reference wetland groundwater gauge show a
positive correlation with the automated and manual groundwater gauges located across the
restoration site. The automated gauges from both the restoration site and the reference wetland
show the similarity of the natural hydrology of the reference site and the restored hydrology of
the Alexander Mitigation Site. Since the reference site is adjacent to the restoration site, the sites
are subject to the same climatic conditions.
So
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Figure 4. Comparison of Reference Wetland Data to Restoration Site Data.
•
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-Restoration A-A1
• Restoration A-M1
Restoration A-M2
-Reference Wetland
a
12
5. OVERALL CONCLUSIONS AND RECOMMENDATIONS
• Second year hydrologic monitoring data show that wetland hydrology criteria have been
achieved.
• Vegetation monitoring efforts have calculated the average number of stems per acre on
site to be 472.5 which is an overall survival rate of greater than 85% based on the initial
planting count of 562.5 stems per acre. The 85% survivability is good and includes the
small replanted area near Plot 1 which had exaggerated mortality in year 1.
• Monitoring of vegetation and groundwater and surface water levels will continue.
6. WILDLIFE OBSERVATIONS
During the 2004 growing season, deer tracks were common during site visits. Rabbit and raccoon
skat were observed on numerous occasions. Frogs are commonly found around the perimeters of
more saturated areas that maintain ponded water for extended periods of time. Wading birds and
herons have also been observed occasionally near these ponded areas. Crayfish chimneys can be
found in many areas of the site.
7. VEGETATION OBSERVATIONS
After construction of the mitigation site a permanent ground cover seed mixture of Virginia wild
rye (Elymus virginicus), switch grass (Panicum virgatum), and fox sedge (Carex vulpinoidea)
was broadcast on the site at a rate of 10 pounds per acre. These species and volunteering panic
grass (Dicanthelium spp), rice cut grass (Leersia spp) and a bent grass (Agrostis spp) are found
on the site, thought they pose no threat to the survival or health of the planted or naturally
occurring hydrophytic vegetation. Hydrophytic herbaceous vegetation is also volunteering on
site. Rush (Juncus effusus), sedge (Carex sp. & Cyperus sp.), tear-thumb (Polygonum
sagittatum), giant cane (Arundinaria gigantean), and spike-rush (Eleocharis obtusa), all
hydrophytic herbaceous plants, are frequently observed across the site particularly in areas of
inundation. Cat-tail (Typha latifolia) is also on site. The presence of these herbaceous wetland
plants helps to confirm the presence of wetland hydrology on the site.
There are a few drier weedy species occurring on the perimeter of the site, though none seem to
be posing any problems for the woody or herbaceous hydrophytic vegetation. The majority of
the weedy species are annuals found on isolated hummocks and they are believed to pose very
little threat to survivability in site. Weedy vegetation includes ragweed (Ambrosia
artemisiifolia) and a sedge (Cyperus spp.). The hummock dynamic is consistent with the
targeted wetland system.
13
APPENDICES
(APPENDIX MATERIALS ARE INCLUDED ON ENCLOSED CD)
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF:
April 29, 2003
Regulatory Division
Action ID No. 200310151
Mr. George Kelly
Environmental Banc & Exchange
10055 Red Run Boulevard, Suite 130
Owings Mills, Maryland 21117-4860
Dear Mr. Kelly:

NE"LANOS/401 GROUP
APR S 0 2003
#ATER QUAU?Y SECRON
This correspondence is in reference to the Alexander Mitigation Site associated with the
Neu-Con UmbrellaWetland Mitigation and Stream Restoration Bank that is being developed. by
Environmental Banc & Exchange. This property is located five miles east of the town of Snow
Hill, Greene County, North Carolina. The purpose of this letter is to approve the final mitigation
plan,entitled, "Alexander Wetland Mitigation Project Mitigation Plan", dated December 2002.
Thank you for your time and cooperation. We look forward to reviewing the AS-built
report and the monitoring reports. If you have any questions, please contact Mr. Michael F. Bell
of my staff at the Washington Regulatory Field Office, telephone [phone], extension 26.
Sincerely,
E. David Franklin
Chief, NCDOT Team
Copies Furnished:
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
r
Mrs. Kathy Matthews
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency/EAB
980 College Station Road
Athens, Georgia 30605
Mr. Gary Jordan
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
101 Pivers Island
Beaufort, North Carolina 28516
Mr. Travis Wilson
Eastern Region Highway Project Coordinator
Habitat Conservation Program
1142 I-85 Service Road
Creedmoor, North Carolina 27522
?0F W ATFRp
? r

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 12, 2007
Mr. Norton Webster
Environmental Banc & Exchange
909 Capability Drive, Suite 3100
Raleigh, NC 27606
Re: Neu-Con Wetland Umbrella Mitigation Bank
Alexander Wetland Mitigation Site
Year 4 Annual Monitoring Report
Greene County, NC
NCDWQ# 02-1794
Dear. Mr. Webster:
The Division of Water Quality (DWQ) 401 Oversight and Express Review Permitting Unit has reviewed
the Year 4 Monitoring Report for the above-referenced site. Our comments on the report are as follows:
• Please clarify the mitigation boundaries. Is the entire area within the conservation easement
being counted as mitigation? If so, why is there no monitoring station in the eastern (slightly
higher elevation) section of site?
• Based on the hydrology data, it appears that the site has met the hydrology success criteria. In
addition, the site data shows good correlation with the data from the reference site.
• Vegetation data appear generally good. The photographs appear to show some weedy vegetation
(goldenrod, etc.), and the report cites the presence of weedy species on hummocks. These areas
need to be monitored carefully evaluated to ensure that undesirable species do not spread over
larger portions of the site.
Overall, the site appears to be making satisfactory progress. The issues noted above should be carefully
monitored, and mitigative action should be taken as necessary.
Please forward the information requested above. In addition, DWQ would like to schedule a site
inspection once the growing season begins. Please contact Tammy Hill at [phone] to schedule a
site visit.
Noe Carolina
Aamml!y
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: htta://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

Mr. Webster
Environmental Banc & Exchange
Neu-Con Bank - Alexander Site Yr. 4 Monitoring Report
Page 2
Please feel free to contact Tammy Hill at [phone] if you have any questions regarding this
project or our comments.
Sincerely,
CrZ4 /\
Cyndi B. Karoly, Program Manager
401 Oversight and Express Review Program
cc: File Copy (Eric Kulz)
Central Files
Kyle Barnes - DWQ Washington Regional Office
Kathy Matthews - USEPA
William Biddlecome - USACE Washington Regulatory Field Office
Travis Wilson - NC Wildlife Resources Commission
Gary Jordan - US Fish and Wildlife Service
Ron Sechler - National Marine Fisheries Service
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://h2o.enr.state.nc.us/ncwetiands
Noe Caro na
?ura?y
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
to6Z 119?
Environmental Banc & Exchange
Capital • Experience • Expertise
10055 Red Run Boulevard
Suite 130
Owings Mills, MD 21117
p 410.356.5159
January 23, 2007 p 888.781.7075
f 410.356.5822
Mr. William J. Biddlecome 909 Capability Drive
Department of the Arm

y Suite
3100
Raleighh, , NC 27606
Wilmington District, Corps of Engineers p 919.829.9909
P.O. Box 100 f 919.829.9913
Washington, NC 27889-1000
1005 A Street
Subject: Neu-Con Wetland Stream Umbrella Mitigation Bank Suite 313
San Rafael, CA 94901
p 415.462.0163
Alexander Site f 415.454.8012
2006 Monitoring Report
www.ebxuso.com
Dear Bill:
Enclosed for review by the NC MBRT is the 2006 Monitoring Report for our
Alexander wetland mitigation site. As documented by the data presented in this Report,
the Alexander site has achieved the specified hydrologic success criteria and vegetative
success criteria for the fourth successive year.
Please let me know if you require any additional information.
Sincerely,
kz_4?
Norton Webster
Project Manager
cc: Thomas Rinker
Ely Perry
Beth Hannon - NC EEP
Guy Pearce - NC EEP
Kathy Mathew - US EPA
Gary Jordan - US Fish and Wildlife Service
Ron Sechler - National Marine Fisheries Service
Cyndi Karoly - NC DWQ
Travis Wilson - NC Wildlife Resources Commission
1 ?.
Adaptive Management Report
Neu-Con Umbrella Wetland and Stream Mitigation Bank
Alexander Mitigation Site
Greene County, North Carolina
March 1, 2007
Project Summary
The Alexander wetland mitigation site of the Neu-Con Umbrella Mitigation Bank is
located approximately five miles east of the town of Snow Hill, North Carolina in Greene
County and encompasses approximately 28 acres. The targeted restoration community
for the Alexander mitigation site is a "non-riverine, wet hardwood forest system" as
described by Schafale and Weakley (1990). Site work including planting 19.4 acres of
vegetation was completed in March 2003. Groundwater and rain monitoring gauges were
functional beginning March 2003. The project contains 18.5 acres of non riverine
wetland restoration, 0.9 acres of wetland creation, and 2.15 acres of wetland preservation.
It is projected that the site will produce 19.2 WMU's.
2006 Monitoring Report Summary
The 2006 growing season represents Year 4 of monitoring for this site. In 2006 all
gauges indicated constant hydroperiods for greater than 7 percent of the growing season.
Constant saturated conditions were documented ranging from an estimated 9 percent to
11 percent of the growing season for the site. The vegetation monitoring indicated
survival rates between 320 and 490 stems per acre. All plots are currently on target to
meet the final vegetation survival criteria of 260 live stems per acre at the end of next
year's fifth growing season. Plots 1 and 2 are located in an area that burned during the
2005 growing season. The burned section of the site appears to have recovered fully, and
both plots had sufficient regeneration to satisfy the success criteria. Herbaceous
vegetation recovered tremendously and most likely benefited from the extra nutrient
cycling resulting from the fire in 2005. An average survival of 383 stems per acre exists
on the site. Based on these results, it was concluded that the site is performing as
designed.
Repair and Maintenance Tasks For 2007
No repair and maintenance tasks are scheduled for 2007 as the site is meeting all success
criteria.
Adaptive Management Tasks For 2007
No adaptive management actions are planned for 2007 as the Alexander site continues to
meet all hydrologic and vegetative success criteria.
z
Reference:
Schafale, M.P., and A.S.Weakley. 1990. Classification of the Natural Communities of
North Carolina, Third Approximation. North Carolina Natural Heritage Program,
Division of Parks and Recreation. NCDEHNR. Raleigh, NC.
WK Dickson & Co., Inc. 2006. Alexander Wetland Mitigation Project, Year 4
Monitoring Report. Raleigh, NC.
Alexander Wetland Mitigation Project
Greene County, North Carolina
Year 4 Monitoring Report
Prepared for
Environmental Banc and Exchange, LLC
909 Capability Drive, Suite 3100
Raleigh, NC 27606
Prepared by
WK Dickson and Co., Inc.
3101 John Humphries Wynd
Raleigh, NC 27612
[phone]
And
Ecosystem & Land Trust Monitoring
Sparta, NC
January 2007 R n V Lrg= D
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TABLE OF CONTENTS
1.0 SUMMARY .............................................................................................................1
2.0 INTR ODUCTION ................................................................................................. ..1
2.1 Project Description ................................................................................... ..1
2.2 Project Purpose ......................................................................................... ..4
2.3 Project History and Schedule .................................................................... ..4
3.0 HYDROLOGY ...................................................................................................... ..5
3.1 Success Criteria ......................................................................................... ..5
3.2 Description of Hydrologic Monitoring ....................................................... ..5
3.3 Results of Hydrology Monitoring ............................................................... ..7
3.4 Hydrology Conclusions ............................................................................. ..9
4.0 VEGETATION ....................................................................................................... ..9
4.1 Vegetation Success Criteria ....................................................................... ..9
4.2 Description of Species and Vegetation Monitoring .................................... 11
4.3 Results of Vegetation Monitoring .............................................................. 11
4.4 General Vegetation Observation ............................................................... 12
4.5 Vegetation Conclusions ............................................................................ 12
5.0 OVERALL CONCLUSIONS AND RECOMMENDATIONS ..................................... 13
LIST OF FIGURES
Figure 1. Vicinity Map ...............................................................................................2
Figure 2. USGS Quadrangle ......................................................................................3
Figure 3. Site Plan ......................................................................................................6
Figure 4. 2006 Alexander Groundwater Gauges Hydrograph .....................................8
Figure 5. 2006 Alexander Precipitation ....................................................................10
LIST OF TABLES
Table 1. Project History ............................................................................................4
Table 2. Hydrologic Monitoring Results for 2006 ................................................... ..7
Table 3. Comparison of Average Rainfall to Observed Rainfall ............................... ..9
Table 4. Planted Tree Species ................................................................................. 11
Table 5. 2006 Vegetation Monitoring Plot Species Composition ............................. 11
Table 6. Volunteer Tree Species ............................................................................. 12
APPENDICES
Appendix A As-Built Survey
Appendix B 2006 Gauge Data
Appendix C 2006 Site Photos
•
Alexander Wetland Mitigation Site
Monitoring Report for 2006 (Year 4)
•
1.0 SUMMARY
The design for the Alexander Wetland Mitigation Site involved the restoration of a non-
riverine, wet hardwood forest system as described by Schafale and Weakley (1990).
• Construction was completed in March 2003. It is estimated that wetland hydrology was
restored to 18.5 acres, with an additional 0.9 acres of wetland created and 2.15 acres of
wetland area preserved. Monitoring of this restoration project has taken place during the
four growing seasons subsequent to construction completion and will continue through
• year five. This Annual Report summarizes the groundwater and vegetation monitoring
activities performed on the Alexander Wetland Mitigation Site during the fourth year after
construction. All data included in this report correspond to results obtained from
• monitoring during the year 2006 growing season.
This Annual Report presents data from three wetland monitoring stations as specified in the
approved Mitigation Plan for the site. Two of these stations are equipped with manual
• groundwater gauges (A-M 1 and A-M2) and the remaining station is equipped with an
automated groundwater gauge (A-A1) and a manual calibration gauge. Each groundwater
gauge location also serves as a base point from which photographs are taken and
• referenced. Hydrologically, the fourth post-construction growing season at the Alexander
Wetland Mitigation Site was a successful one. The on-site groundwater monitoring gauge
data showed the site experienced consecutive-day soil saturation within 12 inches of
ground surface for over 7 percent of the growing season (17 successive days). This meets
• the hydrologic success criteria specified in the mitigation plan.
Part of the monitoring effort for this project includes observation of the relationship
• between local climatic conditions and site groundwater levels. Weather data from the
Snow Hill Weather Station are used in conjunction with data collected from an on-site
manual rain gauge to document precipitation.

Per the approved site Mitigation Plan, four vegetation plots, each 0.1 acre in size, are being
used to document the survival success of the trees planted throughout the mitigation site.
Survival of trees in each vegetation plot is used to estimate the average survival of all trees
• planted across the site. Photos from the vegetation plots are provided in Appendix C.
The vegetation monitoring indicated survival rates between 320 and 490 stems per acre.
• All plots are currently on target to meet the final vegetation survival criteria of 260 live
stems per acre at the end next year's fifth growing season. Plots 1 and 2 are located in an
area that burned during the 2005 growing season. The burned section of the site appears to
have recovered fully, and both plots had sufficient regeneration to satisfy the success
• criteria. Herbaceous vegetation recovered tremendously and most likely benefited from the
'
extra nutrient cycling resulting from last year
sfire. An average survival of 383 stems per
acre exists on the site.

2.0 INTRODUCTION

2.1 Project Description
• The project site is located in Greene County, North Carolina, approximately five miles east
of the town of Snow Hill, off Suggs Road (SR 1490; Figure 1 and Figure 2). It is within
Middle Neuse watershed (hydrologic unit 03020203) in the Neuse River Basin. Appendix
A contains the As-Built survey for the Alexander Site.

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Alexander Wetland Mitigation Site
- Vicinity Map
Greene County, NC
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USGS Topographic Map
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•

• Alexander Wetland Mitigation Site
Monitoring Report for 2006 (Year 4)

• 2.2 Project Purpose
This project provides full-delivery compensatory mitigation for wetland impacts associated
with North Carolina Department of Transportation (NCDOT) projects within the resident
hydrologic unit. The Alexander Site was designed to restore a non-riverine, wet hardwood
forest system as described by Schafale and Weakley (1990). Construction, planting, and
installation of groundwater and rain gauge monitoring equipment were all completed in
March 2003 (Table 1).
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2.3 Project History and Schedule
The Mitigation Plan predicted that approximately 18.5 acres of wetland restoration and 2.4
acres of wetland creation were available on the site. Post-construction survey verified
restoration practices were implemented on an area covering 18.5 acres, and revealed the
amount of created wetlands reached only 0.9 acres. Wet conditions during construction
made it difficult to move fill material from one area of the site to another. For this reason, a
non-hydric soil area at the lower southwestern corner of the site that required placement of
hydric soils for wetland creation was left unconverted. This reduced the total created
wetland area to only 0.9 acre instead of the targeted 2.4 acres. To compensate for this, an
additional 2.15 acres of wetlands existing on the western side of the mitigation site were
preserved through the establishment of a conservation easement surrounding the entire
mitigation site.
Tablel. Project Activity and Reporting History
May 2000 Pre-Restoration Monitoring Gauges Installed
March 2003 Approved Mitigation Plan Construction
March 2003 Began
March 2003 Construction Completed
March 2003 Post-Construction Monitoring Plots Established
March 2003 Planting Completed
April 2003 As-Built Report Submitted
November 2003 1' Annual Monitoring Report
November 2004 2nd Annual Monitoring Report
November 2005 3rd Annual Monitoring Report
November 2006 4th Annual Monitoring Report
November 2007(scheduled) 5th Annual Monitoring Report
4
0
Alexander Wetland Mitigation Site
Monitoring Report for 2006 (Year 4)

3.0 HYDROLOGY
3.1 Success Criteria
The hydrologic success criterion for this site requires the groundwater table remain within
• 12 inches of the soil surface for at least 7 percent of the growing season. The National
Weather Service Wetlands Determination Tables (WETS) defines the growing season for
Greene County as that 242-day period extending from March 16 to November 13 of each
year. Using this data as a base, the time period for which the hydrologic success criterion
must be met translates to 17 consecutive days.
The Mitigation Plan specifies that groundwater data are to be collected from manual and
. automated groundwater gauges. This plan further specifies that successful hydrologic data
must demonstrate wetland conditions are present in normal or dryer than normal
conditions. Monitoring data collected from the reference wetland system identified in the
Mitigation Plan are included here to demonstrate the positive correlation between the site's
restored hydrology and the natural hydrology of the target system.
3.2 Description of Hydrologic Monitoring
• Monitoring stations were established across the site to document the restoration of wetland
hydrology. Two manual groundwater gauges (A-M1 and A-M2), one automated Infinities
groundwater gauge (A-A1), and one rain gauge were installed on-site to monitor hydrology
(Figure 3). All manual and automated groundwater gauges were installed to a depth of at
least 32 inches below the ground surface. The monitoring protocol for the site specifies that
automated monitoring stations must be downloaded and checked for malfunctions on a
monthly basis. During monthly site visits, manual groundwater gauges are read and rainfall
• totals are collected from the on-site rain gauge. Data from monitoring gauges are presented
in Appendix B. Monitoring data collected to date indicate that a range of wetland
hydrology conditions have been successfully restored to the Alexander Site.
Automatic groundwater gauges record water table elevations twice daily at 08:00 and
20:00. Infinities gauges employ pressure sensors that record water elevation above the
bottom of the sensor (with atmospheric pressure compensation). Immediately adjacent to
each automatic gauge is a manual calibration gauge. The calibration water table depth is
recorded at monthly downloads. To determine wetland hydroperiods the automatically
recorded data are compared to the calibration data to determine a standard correction
• factor between the calibration gauge and the automatic gauge for each location. The
standard correction factor is applied to correct daily readings. The corrected daily readings
are used to determine wetland hydroperiods.
Water table depths are recorded monthly in manual groundwater gauges. Each manual
guage is correlated to an automatic gauge based on proximity, landscape position, and the
relationship of their groundwater depth readings (i.e. if their readings are separated by a
• consistent value). To calculate wetland hydroperiods interpolations are made between
monthly readings by correlating twice daily readings from an automatic gauge. A
correction factor is calculated for each monthly manual gauge reading. A daily rate of
change between monthly correction factors is calculated to determine the daily correction
factor. The daily correction factor is then applied to the automatic gauge readings to
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calculate an estimated daily water table depth for the manual gauge. These interpolated
daily water levels are used to determine wetland hydroperiods.
Wetland hydroperiods are calculated from twice daily water table depth recordings. A
hydroperiod is calculated if the water table is equal to or less than 12 inches below ground
surface for at least 24 hours. If a gauge falls below 12 inches for two consecutive readings
(24 hours) then the hydroperiod ends at the last reading within 12 inches. If a gauge falls
below -12 inches for only one reading then maintains a reading above -12 inches for a
minimum of 24 hours then the hydroperiod is calculated continuously. This methodology
accounts for minor technical malfunctions occasionally experienced by the automatic
gauges.
3.3 Results of Hydrology Monitoring
Site Data
The following hydroperiod statistics were calculated for each monitoring station during the
growing season: 1) most consecutive days that the water table was within twelve inches of
the soil surface; 2) cumulative number of days that the water table was within twelve
inches of the soil surface; and 3) number of times that the water table rose to within twelve
inches of the soil surface. The results of these calculations are presented in Table 2. Figure
4 provides a chart of the water depth for each of the on-site groundwater monitoring
gauges.
Table 2. Hydrologic Monitoring Results for 2006 (Year 4)
2006 M ax Hydroperiod (Growing Seas on 16-Mar through 13-Nov, 242 days)
Consecutive Cumu lative
Monitoring
Gauge
Days Percent of
Growing
Season
Days Percent of
Growing
Season Occurrences
AW1 27 11 148 61 12
M W 1 25 10 --- --- 5
MW2 21 9 --- --- 5
Ref AW 1 32 13 160 66 11
The site was designed to function with rainfall as its primary hydrologic influence.
Groundwater levels are closely related to local climatic conditions and monitoring shows
the influence of rainfall on-site hydrology. More detailed information on precipitation data
is included in Section 3.3.2 of this report. Appendix B contains daily groundwater gauge
data.
Reference Data
The approved Mitigation Plan states that if the rainfall data for any given year during the
monitoring period is not normal the reference wetland data can be accessed to determine if
there is a positive correlation between the performance of the restoration site and the
natural hydrology of the reference site.

• Although appropriate hydrology was observed at the mitigation site during the 2006
monitoring season, data from the reference site are compared to restoration site data in
Figure 4. Data from the reference wetland groundwater gauge show a positive correlation
with the automated and manual groundwater gauges located across the restoration site.

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Monitoring Report for 2006 (Year 4)

• Automated gauge data show the similarity of the natural hydrology of the reference site to
the restored hydrology of the Alexander Mitigation Site. Since the reference site is adjacent
to the restoration site, the sites are subject to the same climatic conditions.
Climate Data
Table 3 and Figure 5 are a comparison of the local 2006 monthly rainfall to historical
precipitation data collected between 1961 and 1990 for the Greene County area. This local
• data is provided by the National Weather Service (NWS) Cooperative Observer Program
(COOP), a national weather and climate observing network. Observed data presented were
collected approximately 5 miles west of the project site from an automated weather station
in Snow Hill, Greene County (Station: 318060 - Snow Hill 2 SW). Monthly rainfall for
November and December 2006 were not available at the time of this report preparation.
2006 rain data collected from the automated gauge at Snow Hill show below normal
• rainfall for January through May. Rainfall was within normal limits in June through August
and October. September rainfall exceeded normal limits due to a tropical storm.

Appendix B contains on-site rain gauge data and Snow Hill daily rain gauge data.
Table 3. Comparison of Normal Rainfall to Observed Rainfall
M
nth A Normal Limits Snow Hill Precipitation
o verage 30 Percent 70 Percent
January 4.22 3.16 4.93 0.99
February 3.75 2.78 4.4 0.06
March 3.86 2.86 4.52 1.58
April 3.33 1.97 4.04 1.33
May 4.33 2.86 5.19 0.34
June 4.85 3.06 5.85 4.85
July 5.27 3.57 6.29 5.40
August 6.26 3.96 7.55 5.31
September 4.25 2.38 5.17 10.28
October 3.01 1.63 3.68 4.5
November 2.9 1.94 3.47 ---
December 3.3 2.13 3.97 ---
3.4 Hydrology Conclusions
Data collected from all the groundwater monitoring gauges on the Alexander Mitigation
Site indicate that hydrologic success criteria were met during the 2006 growing season. All
gauges indicated constant saturated conditions for greater than 7 percent of the growing
season. In general, constant saturated conditions were documented ranging from an
estimated 9 percent to 11 percent of the growing season, with cumulative saturated
conditions for over 60 percent of the growing season in the automatic monitoring gauge.
These data, together with the corresponding climatic data for the area, demonstrate that the
site was able to meet the hydrologic success criteria for the 2006 growing season.
4.0 VEGETATION

4.1 Vegetation Success Criteria
The interim measure of vegetative success for the Alexander Mitigation Plan was the
survival of at least 320 3-year old planted trees per acre at the end of year 3 of the

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Monitoring Report for 2006 (Year 4)
• monitoring period. This was achieved as documented in the 2005 Monitoring Report. The
final vegetative success criterion is the survival of 260 five-year old planted trees per acre at
the end of year five of the monitoring period.
Up to 20 percent of the site species composition may be comprised of invaders (i.e.
loblolly pine, red maple, sweet gum, etc.). Remedial action may be required should these
present a problem and exceed 20 percent of the overall plant community.
A

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4.2 Description of Species and Vegetation Monitoring Protocol
Table 4 details the tree species planted in the Wetland Restoration Area:
Table 4. Planted Tree Species
ID Scientific Name Common Name Wetland Status
1 Fraxinus pennsylvanica Green Ash FACW
2 Nyssa biflora Swamp Tupelo OBL
3 Nyssa sylvatica Black um FAC
4 Quercus laurifolia Laurel Oak FACW
5 Quercus michauxii Swamp Chestnut Oak FACW-
6 Quercus phellos Coastal Willow Oak FACW-
7 Quercus shumardii Shumard Oak FACW-
8 Taxodium distichum Bald Cypress OBL
0 All of the planted stems inside the monitoring plots were flagged to mark them as the
planted stems (vs. any colonizers) and to help in locating them in the future. Each stem
• was then tagged with a numbered aluminum tag. During the 2004 growing season 3 foot
sections of half-inch PVC were installed adjacent to the planted trees. The PVC pipe was
reinstalled in plot 1 and plot 2 in the fall of 2005 due to the damage incurred during the
fire earlier that year.

4.3 Results of Vegetation Monitoring
The following tables present stem counts for each of the monitoring plots. In Table 5, each
planted tree species is identified across the top row, and each plot is identified down the
left column. The numbers on the top row correlate to the ID column of the previous table
(Table 4). Trees are re-flagged regularly before the flags degrade. Flags are utilized
because they will not interfere with the growth of the tree. Volunteers are also flagged
during this process.
Table 5.2006 Vegetation Monitoring Plot Species Composition
Plot 1 2 3 4 5 6 7 8 Total 2006
Stem/ac Planted
Stem/ac
Al 13 2 3 1 0 0 0 13 32 320 530
A2 12 2 7 3 4 2 2 4 36 360 600
A3 6 1 4 1 10 4 7 3 36 360 530
A4 1 0 4 2 10 0 32 0 49 490 590
Average Stems/Acre: 383
Range of Stems/Acre: 320-490
11

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Alexander Wetland Mitigation Site
Monitoring Report for 2006 (Year 4)
Volunteer species are also monitored throughout the five-year monitoring period. The
current volunteer count on the Alexander site is minimal throughout most of the site, but
along the northern border of the site there are many sizable sweet gum and pine near the
forest edges. A few volunteers were seen in the vegetation monitoring plots, and they will
be counted toward the final stem count if they persist. Table 6 details tree species identified
as volunteers within the wetland restoration area.
Table 6. Volunteer Tree Species
ID Species Common Name FAC Status
A Liquidambar styraciflua Sweetgum FAC+
B Platanus occidentalis Sycamore FACW-
C Acer rubrum Red Maple FAC
D Carya spp. (1) Hickory (2)
E Fraxinus spp. (1) Ash (2)
(1) Sapling; positive ID not possible
(2) Unknown until completely identified
4.4 General Vegetation Observations
After construction of the mitigation site a permanent groundcover seed mixture of Virginia
wild rye (Elymus virginicus), switch grass (Panicum virgatum), and fox sedge (Carex
vulpinoidea) was broadcast on the site at a rate of 10 pounds per acre. These planted
groundcover species, along with volunteering panic grass (Dicanthelium spp), rice cut grass
(Leersia spp) and a bent grass (Agrostis spp), pose no threat to the survival or health of the
planted or naturally occurring hydrophytic vegetation. Hydrophytic herbaceous vegetation,
including rush (Juncus effusus), sedge (Carex sp. & Cyperus sp.), tear-thumb (Polygonum
sagittatum), cat-tail (Typha latifolia), giant cane (Arundinaria gigantea), and spike-rush
(Eleocharis obtusa), has widely volunteered across the site, and has grown particularly
dense in inundated areas. The presence of these herbaceous wetland plants helps to
confirm the sustained wetland hydrology on the site.
There are a few mesic weedy species occurring on the perimeter of the site, though none
seem to be posing any problems for the hydrophytic vegetation. The majority of the weedy 600,
species are annuals found on isolated hummocks and poses very little threat to survival on . i??
site. Weedy vegetation includes ragweed (Ambrosia artemisiifolia) and sedge (Cyperus 6
spp.). The hummock features are consistent with the targeted wetland system.
Appendix C contains 2006 site photos.
4.5 Vegetation Conclusions
Approximately 18.5 acres of this site was planted in non-riverine wet hardwood species in
March 2003. There were four 0.1 acre vegetation-monitoring plots established throughout
the planted areas. Vegetation monitoring documented tree survival rates ranging between
320 and 490 stems per acre. Numerous trees re-generated in the spring of 2006,
recovering from the field fire of 2005, and all vegetation monitoring plots are on target for
meeting next year's final success criteria. Appendix C contains representative digital
images from across the mitigation site.
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Alexander Wetland Mitigation Site
Monitoring Report for 2006 (Year 4)
5.0 OVERALL CONCLUSIONS AND RECOMMENDATIONS
• Fourth year hydrologic monitoring data document that wetland hydrology success
criteria have been achieved.
• Vegetation monitoring documents that all plots are on target to achieve the fifth
year vegetative success criteria of 260 stems per acre.
• Survival within each plot is at or above the acceptable level.
• The field fire of 2005 caused plots 1 and 2 to have higher mortality, but most of the
trees regenerated from undamaged root stock.
• Monitoring of vegetation and groundwater and surface water levels will continue
through the 2007 growing season (Year Five).
13
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APPENDIX A
As-Built Survey
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APPENDIX B
2006 Gauge Data
• ALEXANDER - Groundwater and Rain Gauge Data
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Date Time Water Level (inches)

dd-mmm-yyyy
hh:mm:ss
AW3
MW1
MW2
Ref Awl Onsite Rain
Gauge Snow Hill Rain
Gauge
1-Jan-06 08:00:00 1.58
1-Jan-06 20:00:00 1.05 -1.41
2-Jan-06 08:00:00 0.60 -1.52
2-Jan-06 20:00:00 3.08 -1.55
3-Jan-06 08:00:00 3.72 -0.54
3-Jan-06 20:00:00 3.34 -0.50
4-Jan-06 08:00:00 3.09 -0.68
4-Jan-O6 20:00:00 2.98 -0.82
5-Jan-06 08:00:00 2.81 -0.88
5-Jan-06 20:00:00 2.69 -0.95
6-Jan-O6 08:00:00 2.43 -1.02
6-Jan-06 20:00:00 2.12 -1.15
7-Jan-06 08:00:00 1.45 -1.30
7-Jan-06 20:00:00 0.99 -1.42
8-Jan-06 08:00:00 -0.07 -1.51
8-Jan-06 20:00:00 -0.49 -1.64
9-Jan-06 08:00:00 -0.97 -1.73
9-Jan-06 20:00:00 -1.79 -1.81
10-Jan-06 08:00:00 -2.29 -2.08
10-Jan-06 20:00:00 -2.28 -2.23
11-Jan-06 08:00:00 -2.07 -2.28
11-Jan-06 20:00:00 -2.05 -2.28
12-Jan-06 08:00:00 -2.72 -2.30
12-Jan-06 20:00:00 -2.73 -2.39
13-Jan-O6 08:00:00 -2.86 -2.46
13-Jan-06 20:00:00 -1.83 -2.54
14-Jan-06 08:00:00 1.86 -2.38
14-Jan-06 20:00:00 1.52 -1.33
15-Jan-06 08:00:00 0.77 -1.66
15-Jan-06 20:00:00 -0.37 -1.94
16-Jan-06 08:00:00 -1.41 -2.18
16-Jan-06 20:00:00 -2.12 -2.29
17-Jan-06 08:00:00 -2.52 -2.38
17-Jan-06 20:00:00 -2.22 -2.47
18-Jan-06 08:00:00 3.33 -2.43 0.56
18-Jan-06 20:00:00 2.93 -0.71
19-Jan-06 08:00:00 2.41 -1.15 0.05
19-Jan-06 20:00:00 2.25 -1.32
20-Jan-06 08:00:00 1.74 -1.39
20-Jan-06 20:00:00 1.48 -1.50
21-Jan-06 08:00:00 0.85 -1.56
21-Jan-06 20:00:00 2.79 -1.64
22-Jan-06 08:00:00 2.55 -0.91
22-Jan-06 20:00:00 2.43 -1.25
23-Jan-06 08:00:00 2.35 -1.30
23-Jan-06 20:00:00 2.96 -1.27
24-Jan-06 08:00:00 3.32 -0.99 0.38
24-Jan-06 20:00:00 3.02 -0.70
25-Jan-06 08:00:00 2.55 -0.89
25-Jan-06 20:00:00 2.24 -1.03
26-Jan-06 08:00:00 1.66 -1.24
26-Jan-06 20:00:00 1.22 -1.38
27-Jan-O6 08:00:00 0.22 -1.53
27-Jan-06 20:00:00 -0.13 -1.69
28-Jan-06 08:00:00 -1.09 -1.75
28-Jan-06 20:00:00 -1.04 -1.84
29-Jan-06 08:00:00 -1.01 -1.88
29-Jan-06 20:00:00 -0.80 -1.88
30-Jan-06 08:00:00 -1.20 -1.89
30-Jan-06 20:00:00 -1.14 -1.99
31-Jan-O6 08:00:00 2.88 -2.01
31-Jan-06 20:00:00 3.00 -0.77
1-Feb-06 08:00:00 2.57 -1.14
1-Feb-06 20:00:00 2.35 -1.26
2-Feb-06 08:00:00 1.95 -1.38
2-Feb-06 20:00:00 1.87 -1.45
3-Feb-06 08:00:00 1.74 -1.50
3-Feb-06 20:00:00 1.45 -1.54
4-Feb-06 08:00:00 2.24 -1.64
4-Feb-06 20:00:00 2.48 -1.30
ALEXANDER - Groundwater and Rain Gauge Data
Date Time Water Level (inches)

dd-mmm-yyyy
hh:mm:ss
AW3
MW1
MW2
Ref AW1 Onsite Rain
Gauge Snow Hill Rain
Gauge
5-Feb-O6 08:00:00 1.78 -1.40
5-Feb-06 20:00:00 1.27 -1.65
6-Feb-06 08:00:00 0.36 -1.83
6-Feb-06 20:00:00 -0.41 -2.01
7-Feb-06 08:00:00 -0.09 -2.10
7-Feb-06 20:00:00 -1.39 -2.01
8-Feb-06 08:00:00 -2.41 -2.20
8-Feb-06 20:00:00 -2.48 -2.39
9-Feb-06 08:00:00 -3.05 -2.46
9-Feb-06 20:00:00 -3.65 -2.62
10-Feb-06 08:00:00 -4.49 -2.80
10-Feb-06 20:00:00 -4.00 -3.03
11-Feb-06 08:00:00 -3.44 -3.00
11-Feb-06 20:00:00 1.24 -3.01
12-Feb-06 08:00:00 -0.55 -1.79
12-Feb-06 20:00:00 -1.91 -2.04
13-Feb-06 08:00:00 -3.56 -2.32
13-Feb-06 20:00:00 -3.79 -2.61
14-Feb-06 08:00:00 -4.77 -2.77
14-Feb-06 20:00:00 -4.87 -2.99
15-Feb-06 08:00:00 -5.46 -3.13
15-Feb-06 20:00:00 -5.45 -3.27
16-Feb-06 08:00:00 -5.80 -3.37
16-Feb-06 20:00:00 -5.47 -3.50
17-Feb-06 08:00:00 -5.09 -3.52
17-Feb-06 20:00:00 -5.88 -3.52
18-Feb-O6 08:00:00 -6.16 -3.64
18-Feb-06 20:00:00 -6.05 -3.78
19-Feb-06 08:00:00 -7.18 -3.83
19-Feb-06 20:00:00 -7.16 -4.06
20-Feb-06 08:00:00 -5.85 -4.18 0.06
20-Feb-06 20:00:00 -6.50 -4.16
21-Feb-06 08:00:00 -6.77 -4.14
21-Feb-06 20:00:00 -7.29 -4.22
22-Feb-06 08:00:00 -7.18 -4.35
22-Feb-06 20:00:00 -3.60 -4.44
23-Feb-06 08:00:00 2.00 -3.55
23-Feb-06 20:00:00 1.93 -1.73
24-Feb-06 08:00:00 1.18 -1.93
24-Feb-O6 20:00:00 0.22 -2.10
25-Feb-06 08:00:00 -1.40 -2.35
25-Feb-06 20:00:00 -2.12 -2.49
26-Feb-06 08:00:00 -3.62 -2.53
26-Feb-06 20:00:00 -4.73 -2.69
27-Feb-06 08:00:00 -5.55 -3.00
27-Feb-06 20:00:00 -5.32 -3.28
28-Feb-06 08:00:00 -5.59 -3.29
28-Feb-06 20:00:00 -5.96 -3.39
1-Mar-06 08:00:00 -6.23 -3.52
1-Mar-06 20:00:00 -6.48 -3.65
2-Mar-06 08:00:00 -6.18 -3.79
2-Mar-06 20:00:00 -6.73 -3.80
3-Mar-O6 08:00:00 -7.87 -3.91
3-Mar-06 20:00:00 -8.32 -4.24
4-Mar-06 08:00:00 -8.85 -4.46
4-Mar-06 20:00:00 -9.03 -4.73
5-Mar-06 08:00:00 -9.46 -4.92
5-Mar-06 20:00:00 -9.39 -5.17
6-Mar-06 08:00:00 -8.73 -5.32
6-Mar-06 20:00:00 -6.62 -5.39
7-Mar-O6 08:00:00 -8.14 -4.87
7-Mar-06 20:00:00 -9.32 -5.15
8-Mar-06 08:00:00 -9.82 -5.46
8-Mar-06 20:00:00 -9.79 -5.72
9-Mar-06 08:00:00 -9.84 -5.85
9-Mar-06 20:00:00 -9.92 -6.01
10-Mar-06 08:00:00 9.65 6.17
10-Mar-06 20:00:00 -10.25 -6.25
11-Mar-06 08:00:00 -10.73 -6.47
11-Mar-06 20:00:00 -10.75 -6.71
2
• ALEXANDER - Groundwater and Rain Gauge Data
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Date Time Water Level (inches)

dd-mmm-yyyy
hh:mm:ss
AW3
MWi
MW2
Ref Awl Onsite Rain
Gauge Snow Hill Rain
Gauge
12-Mar-06 08:00:00 -10.60 -6.91
12-Mar-06 20:00:00 -11.09 -7.02
13-Mar-06 08:00:00 -10.68 -7.16
13-Mar-06 20:00:00 -11.23 -7.26
14-Mar-06 08:00:00 -10.85 -7.42
14-Mar-06 20:00:00 -12.49 -7.51
15-Mar-06 08:00:00 -13.13 -7.90
15-Mar-06 20:00:00 -13.52 -8.38
16-Mar-06 08:00:00 -13.61 -8.78
16-Mar-06 20:00:00 -13.90 -9.11
17-Mar-O6 08:00:00 -13.56 -9.39
17-Mar-06 20:00:00 -14.46 -9.57
18-Mar-06 08:00:00 -14.74 -9.90
18-Mar-O6 20:00:00 -14.98 -10.21
19-Mar-06 08:00:00 -15.31 -10.52
19-Mar-06 20:00:00 -15.40 -10.84
20-Mar-O6 08:00:00 -15.66 -11.07
20-Mar-06 20:00:00 -14.10 -11.36
21-Mar-O6 08:00:00 2.70 -11.28 1.13
21-Mar-O6 20:00:00 2.89 -2.81
22-Mar-06 08:00:00 2.48 -2.52 0.3
22-Mar-O6 20:00:00 1.94 -2.57
23-Mar-06 08:00:00 1.10 -2.71
23-Mar-06 20:00:00 0.07 -2.89
24-Mar-06 08:00:00 0.91 -0.75 -3.50 -3.01 0.15
24-Mar-06 20:00:00 0.22 -2.55
25-Mar-06 08:00:00 -1.36 -2.55
25-Mar-06 20:00:00 -2.53 -2.77
26-Mar-06 08:00:00 -3.62 -2.98
26-Mar-06 20:00:00 -4.60 -3.16
27-Mar-06 08:00:00 -5.37 -3.34
27-Mar-06 20:00:00 -5.98 -3.54
28-Mar-06 08:00:00 -6.24 -3.69
28-Mar-06 20:00:00 -6.21 -3.84
29-Mar-06 08:00:00 -6.71 -3.92
29-Mar-06 20:00:00 -7.73 -4.05
30-Mar-06 08:00:00 -7.99 -4.25
30-Mar-06 20:00:00 -8.63 -4.45
31-Mar-06 08:00:00 -8.60 -4.64
31-Mar-06 20:00:00 -8.99 -4.81
1-Apr-06 08:00:00 -7.77 -4.94
1-Apr-06 20:00:00 -9.10 -4.98
2-Apr-06 08:00:00 -9.58 -5.08
2-Apr-06 20:0050 -10.41 -5.38
3-Apr-06 08:00:00 -5.63 -5.69
3-Apr-06 20:00:00 -2.95 -5.27
4-Apr-06 08:00:00 -5.14 -4.18 0.38
4-Apr-06 20:00:00 -7.55 -4.23
5-Apr-06 08:00:00 -8.15 -4.59
5-Apr-06 20:00:00 -9.99 -4.83
6-Apr-06 08:00:00 -10.26 -5.28
6-Apr-06 20:00:00 -11.20 -5.65
7-Apr-06 08:00:00 -10.54 -6.07
7-Apr-06 20:00:00 -12.23 -6.24
8-Apr-06 08:00:00 -11.46 -6.76
8-Apr-06 20:00:00 -3.85 -6.96
9-Apr-06 08:00:00 -3.93 -6.13
9-Apr-06 20:00:00 -8.18 -4.77
10-Apr-06 08:00:00 -9.37 -5.30
10-Apr-06 20:00:00 -10.93 -5.62
11-Apr-06 08:00:00 -11.29 -6.18
11-Apr-06 20:00:00 -12.84 -6.50
12-Apr-O6 08:00:00 -12.62 -7.25
12-Apr-06 20:00:00 -13.75 -7.50
13-Apr-06 08:00:00 -13.00 -8.17
13-Apr-O6 20:00:00 -14.52 -8.30
14-Apr-06 08:00:00 -13.72 -9.16
14-Apr-06 20:00:00 -15.11 -9.29
15-Apr-06 08:00:00 -14.59 -10.31
15-Apr-06 20:00:00 -16.55 -10.45
3
ALEXANDER - Groundwater and Rain Gauge Data
Date Time Water Level (inches)

dd-mmm-yyyy
hh:mm:ss
AW3
MWi
MW2
Ref AW1 Onsite Rain
Gauge Snow Hill Rain
Gauge
16-Apr-06 08:00:00 -16.08 -11.97
16-Apr-06 20:00:00 -17.51 -12.15
17-Apr-06 08:00:00 -16.71 -13.38
17-Apr-06 20:00:00 -13.68 -13.33
18-Apr-06 08:00:00 -15.21 -12.44 0.25
18-Apr-06 20:00:00 -17.35 -12.55
19-Apr-06 08:00:00 -17.38 -15.50 -14.31
19-Apr-06 20:00:00 -18.82 -21.00 -14.23
20-Apr-06 08:00:00 -18.62 -15.52 1.07
20-Apr-06 20:00:00 -19.89 -15.48
21-Apr-06 08:00:00 -19.56 -16.95
21-Apr-06 20:00:00 -20.92 -16.89
22-Apr-06 08:00:00 -20.18 -18.46
22-Apr-06 20:00:00 -6.24 -18.06
23-Apr-06 08:00:00 -8.94 -11.19
23-Apr-06 20:00:00 -12.45 -10.28
24-Apr-06 08:00:00 -13.42 -12.02
24-Apr-06 20:00:00 -14.89 -11.93
25-Apr-06 08:00:00 -15.25 -13.68
25-Apr-06 20:00:00 -17.19 -13.46
26-Apr-06 08:00:00 -17.77 -15.68
26-Apr-06 20:00:00 -15.72 -15.62
27-Apr-06 08:00:00 -6.34 -14.76 0.7
27-Apr-06 20:00:00 2.44 -10.28
28-Apr-06 08:00:00 1.88 -2.60
28-Apr-06 20:00:00 1.16 -2.82
29-Apr-O6 08:00:00 0.31 -3.52
29-Apr-O6 20:00:00 -2.81 -3.44
30-Apr-06 08:00:00 -4.45 -4.35
30-Apr-06 20:00:00 -7.56 -4.17
1-May-06 08:00:00 -7.57 -5.18
1-May-06 20:00:00 -9.48 -5.08
2-May-O6 08:00:00 -9.06 -5.99
2-May-06 20:00:00 -11.01 -5.91
3-May-O6 08:00:00 -10.52 -7.19
3-May-06 20:00:00 -13.18 -7.16
4-May-06 08:00:00 -12.63 -8.88
4-May-06 20:00:00 -14.98 -8.99
5-May-06 08:00:00 -14.11 -10.98
5-May-06 20:00:00 -1.75 -11.04
6-May-06 08:00:00 2.95 -4.95
6-May-06 20:00:00 2.25 -1.71
7-May-06 08:00:00 1.82 -2.25
7-May-06 20:00:00 3.07 -2.16
8-May-06 08:00:00 3.44 -1.35
8-May-06 20:00:00 3.08 -0.39
9-May-06 08:00:00 2.89 -0.96 0.01
9-May-06 20:00:00 2.44 -1.19
10-May-O6 08:00:00 2.22 -1.52
10-May-06 20:00:00 1.59 -1.49
1i-May-06 08:00:00 1.41 -1.85
11-May-06 20:00:00 0.73 -1.68
12-May-06 08:00:00 0.01 -2.33 0.3
12-May-06 20:00:00 -2.75 -2.18
13-May-06 08:00:00 -3.09 -3.39
13-May-06 20:00:00 -5.40 -3.18
14-May-O6 08:00:00 -4.39 -4.42
14-May-O6 20:00:00 -4.46 -3.95
15-May-06 08:00:00 2.85 -4.34
15-May-06 20:00:00 2.63 -1.57
16-May-06 08:00:00 2.31 -1.81 0.03
16-May-06 20:00:00 1.45 -1.68
17-May-06 08:00:00 1.02 -2.46
17-May-06 20:00:00 -0.69 1.00 -3.50 -2.22
18-May-06 08:00:00 -1.85 -3.37 6.30
18-May-06 20:00:00 1.55 -3.24
19-May-06 08:00:00 2.79 -1.84
19-May-06 20:00:00 1.91 -1.47
20-May-06 08:00:00 1.64 -2.12
20-May-06 20:00:00 0.37 -1.92
4
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ALEXANDER - Groundwater and Rain Gauge Data
Date Time Water Level (inches)

dd-mmm-yyyy
hh:mm:ss
AW3
MW1
MW2
Ref Awl Onsite Rain
Gauge Snow Hill Rain
Gauge
21-May-06 08:00:00 -0.27 -2.97
21-May-06 20:00:00 -3.80 -2.77
22-May-06 08:00:00 -4.69 -4.29
22-May-06 20:00:00 -6.62 -4.19
23-May-06 08:00:00 -6.45 -5.39
23-May-06 20:00:00 -9.21 -5.15
24-May-06 08:00:00 -8.40 -6.73
24-May-06 20:00:00 -11.09 -6.51
25-May-06 08:00:00 -9.78 -8.39
25-May-06 20:00:00 -12.98 -8.14
26-May-06 08:00:00 -11.62 -10.36
26-May-06 20:00:00 -14.13 -10.19
27-May-06 08:00:00 0.51 -12.71
27-May-06 20:00:00 -4.72 -5.64
28-May-06 08:00:00 -7.43 -7.76
28-May-06 20:00:00 -11.55 -7.65
29-May-06 08:00:00 -11.30 -10.34
29-May-06 20:00:00 -14.79 -10.23
30-May-06 08:00:00 -13.83 -13.17
30-May-06 20:00:00 -17.13 -12.83
31-May-06 08:00:00 -16.06 -15.78
31-May-06 20:00:00 -16.22 -15.20
1-Jun-06 08:00:00 -15.91 -16.97
1-Jun-06 20:00:00 -19.00 -16.27
2-Jun-06 08:00:00 -18.20 -18.98
2-Jun-06 20:00:00 -20.39 -18.26
3-Jun-06 08:00:00 -13.67 -20.44 1.23
3-Jun-06 20:00:00 1.78 -18.46
4-Jun-06 08:00:00 1.21 -6.05
4-Jun-06 20:00:00 -0.90 -5.84
5-Jun-06 08:00:00 0.11 -8.10 1
5-Jun-06 20:00:00 -3.17 -5.63
6-Jun-06 08:00:00 -5.32 -6.73 0.11
6-Jun-06 20:00:00 -0.27 -6.50
7-Jun-06 08:00:00 -2.67 -4.86 0.2
7-Jun-06 20:00:00 -7.40 -4.91
8-Jun-06 08:00:00 -7.45 -7.31
8-Jun-06 20:00:00 -8.83 -7.06
9-Jun-06 08:00:00 -7.01 -9.12 0.13
9-Jun-06 20:00:00 -11.16 -7.61
10-Jun-06 08:00:00 -10.88 -10.51
10-Jun-06 20:00:00 -13.87 -10.40
11-Jun-06 08:00:00 -13.02 -13.16
11-Jun-06 20:00:00 -15.81 -12.84
12-Jun-06 08:00:00 -13.77 -14.99 0.12
12-Jun-06 20:00:00 -15.50 -14.14
13-Jun-06 08:00:00 -14.94 -15.51 0.11
13-Jun-06 20:00:00 -16.19 -15.02
14-Jun-06 08:00:00 -12.74 -16.12 0.2
14-Jun-06 20:00:00 2.62 -14.70
15-Jun-06 08:00:00 2.10 -3.48
15-Jun-06 20:00:00 0.75 -3.24
16-Jun-06 08:00:00 -0.35 -4.64
16-Jun-06 20:00:00 -5.87 -4.05
17-Jun-06 08:00:00 -6.68 -6.19
17-Jun-06 20:00:00 -10.35 -5.74
18-Jun-06 08:00:00 -9.73 -8.27
18-Jun-06 20:00:00 -13.12 -8.01
19-Jun-06 08:00:00 -12.19 -10.76
19-Jun-06 20:00:00 -15.44 -10.66
20-Jun-06 08:00:00 -14.34 -13.77
20-Jun-06 20:00:00 -17.78 -13.47
21-Jun-06 08:00:00 -16.75 -17.04
21-Jun-06 20:00:00 2.41 -16.33
22-Jun-06 08:00:00 1.82 -3.53 0.52
22-Jun-06 20:00:00 0.18 1.00 -5.50 -4.17
23-Jun-06 08:00:00 -1.46 -5.43 6.40
23-Jun-06 20:00:00 -6.66 -4.87
24-Jun-06 08:00:00 -6.91 -7.00
24-Jun-06 20:00:00 -10.29 -6.50
5
ALEXANDER - Groundwater and Rain Gauge Data
Date Time Water Level (inches)

dd-mmm-yyyy
hh:mm:ss
AW3
MW1
MW2
Ref Awl Onsite Rain
Gauge Snow Hill Rain
Gauge
25-Jun-06 08:00:00 -9.69 -8.82
25-Jun-06 20:00:00 0.95 -8.65
26-Jun-06 08:00:00 -0.30 -4.57 0.85
26-Jun-06 20:00:00 1.88 -4.38
27-Jun-06 08:00:00 2.26 -3.18
27-Jun-06 20:00:00 3.22 -2.60
28-Jun-06 08:00:00 2.77 -0.45 0.08
28-Jun-06 20:00:00 2.08 -0.64
29-Jun-06 08:00:00 1.86 -1.35 0.1
29-Jun-06 20:00:00 0.25 -1.20
30-Jun-06 08:00:00 -0.38 -2.85
30-Jun-06 20:00:00 -4.01 -2.41
1-Jul-06 08:00:00 -4.24 -4.11
1-Jul-06 20:00:00 -7.56 -3.65
2-Jul-06 08:00:00 -6.60 -5.77
2-Jul-06 20:00:00 -10.48 -5.27
3-Jul-06 08:00:00 -9.00 -8.16
3-Jul-06 20:00:00 -12.74 -7.64
4-Jul-06 08:00:00 3.62 -10.76 1.85
4-Jul-06 20:00:00 2.56 -0.22
5-Jul-06 08:00:00 2.38 -1.04
5-Jul-06 20:00:00 0.85 -1.06
6-Jul-06 08:00:00 0.46 -2.38
6-Jul-06 20:00:00 3.16 -2.03
7-Jul-06 08:00:00 2.81 -0.63 0.63
7-Jul-06 20:00:00 2.07 -0.78
8-Jul-06 08:00:00 1.69 -1.75
8-Jul-06 20:00:00 -0.12 -1.53
9-Jul-06 08:00:00 -1.20 -3.22
9-Jul-06 20:00:00 -5.06 -2.83
10-Jul-06 08:00:00 -4.69 -4.62
10-Jul-06 20:00:00 -8.27 -4.09
11-Jul-06 08:00:00 -7.20 -6.32
11-Jul-06 20:00:00 -10.95 -5.76
12-Jul-06 08:00:00 -9.64 -8.39
12-Jul-06 20:00:00 -13.40 -7.97
13-Jul-06 08:00:00 -11.74 -11.09
13-Jul-06 20:00:00 -15.31 -10.73
14-Jul-06 08:00:00 -14.08 -14.08
14-Jul-06 20:00:00 -17.19 -13.72
15-Jul-06 08:00:00 -15.85 -17.15
15-Jul-06 20:00:00 -18.85 -16.47
16-Jul-06 08:00:00 -17.92 -19.62
16-Jul-06 20:00:00 -20.57 -18.72
17-Jul-06 08:00:00 -19.92 -21.81
17-Jul-06 20:00:00 -22.06 -20.78
18-Jul-06 08:00:00 -21.54 -23.81
18-Jul-06 20:00:00 -23.28 -22.73
19-Jul-06 08:00:00 -22.96 -25.53
19-Jul-06 20:00:00 -24.57 -21.50 -30.00 -24.41
20-Jul-06 08:00:00 -24.40 -27.39 3.90
20-Jul-06 20:00:00 -25.64 -26.25
21-Jul-06 08:00:00 -25.40 -28.49
21-Jul-06 20:00:00 -26.75 -27.21
22-Jul-06 08:00:00 -26.66 -29.74
22-Jul-06 20:00:00 -27.66 -28.65
23-Jul-06 08:00:00 -27.57 -31.00
23-Jul-06 20:00:00 -1.33 -29.71
24-Jul-06 08:00:00 -10.07 -14.26 1.6
24-Jul-06 20:00:00 -15.91 -15.12
25-Jul-06 08:00:00 -1.18 -18.15 1.1
25-Jul-06 20:00:00 -0.01 -9.17
26-Jul-06 08:00:00 -1.65 -9.54
26-Jul-06 20:00:00 -8.79 -9.42
27-Jul-06 08:00:00 -10.84 -12.04
27-Jul-06 20:00:00 -13.21 -11.74
28-Jul-06 08:00:00 -13.60 -14.04 0.22
28-Jul-06 20:00:00 0.23 -13.75
29-Jul-06 08:00:00 0.82 -7.87
29-Jul-06 20:00:00 -1.46 -6.37
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ALEXANDER - Groundwater and Rain Gauge Data
Date Time Water Level (inches)

dd-mmm-yyyy
hh:mm:ss
AW3
MWi
MW2
Ref Awl Onsite Rain
Gauge Snow Hill Rain
Gauge
30-Jul-06 08:00:00 -3.86 -8.81
30-Jul-06 20:00:00 -8.39 -8.40
31-Jul-06 08:00:00 -9.10 -10.48
31-Jul-06 20:00:00 -12.89 -10.13
1-Aug-06 08:00:00 -12.83 -13.63 0.7
1-Aug-06 20:00:00 -15.79 -13.21
2-Aug-06 08:00:00 -15.35 -17.10
2-Aug-06 20:00:00 -17.86 -16.40
3-Aug-06 08:00:00 -17.59 -19.72
3-Aug-06 20:00:00 -19.76 -18.89
4-Aug-06 08:00:00 -19.60 -22.26
4-Aug-06 20:00:00 -21.66 -21.26
5-Aug-06 08:00:00 -21.47 -24.49
5-Aug-06 20:00:00 -19.57 -23.42
6-Aug-06 08:00:00 -19.60 -21.68
6-Aug-06 20:00:00 -21.95 -21.09
7-Aug-06 08:00:00 -22.09 -25.27
7-Aug-06 20:00:00 -23.24 -24.24
8-Aug-06 08:00:00 -23.26 -26.47
8-Aug-06 20:00:00 -24.77 -25.72
9-Aug-06 08:00:00 -21.57 -28.22
9-Aug-06 20:00:00 -23.12 -22.87 0.85
10-Aug-06 08:00:00 -23.22 -26.40
10-Aug-06 20:00:00 -23.71 -25.58
11-Aug-06 08:00:00 -20.73 -26.08
11-Aug-06 20:00:00 -15.77 -22.36 0.6
12-Aug-06 08:00:00 -17.38 -19.43
12-Aug-06 20:00:00 -19.00 -19.34
13-Aug-06 08:00:00 -19.72 -21.67
13-Aug-06 20:00:00 -21.72 -21.20
14-Aug-06 08:00:00 -22.11 -24.62
14-Aug-06 20:00:00 -23.73 -23.88
15-Aug-06 08:00:00 -23.98 -27.07
15-Aug-06 20:00:00 -25.54 -26.28
16-Aug-06 08:00:00 -25.67 -29.11
16-Aug-06 20:00:00 -26.52 -28.11
17-Aug-06 08:00:00 -26.62 -29.70
17-Aug-06 20:00:00 -27.37 -28.81
18-Aug-06 08:00:00 -27.45 -30.38
18-Aug-06 20:00:00 -20.52 -29.38
19-Aug-06 08:00:00 -22.17 -22.75
19-Aug-06 20:00:00 -23.86 -22.36 0.68
20-Aug-06 08:00:00 -24.09 -25.56
20-Aug-06 20:00:00 -25.69 -25.11
21-Aug-06 08:00:00 -25.16 -28.34
21-Aug-06 20:00:00 -24.70 -25.56 0.23
22-Aug-06 08:00:00 -21.41 -25.62
22-Aug-06 20:00:00 -19.64 -17.50 -22.00 -23.20 0.2
23-Aug-06 08:00:00 -19.11 -22.03 7.16
23-Aug-06 20:00:00 -20.96 -20.81
24-Aug-06 08:00:00 -21.37 -23.73
24-Aug-06 20:00:00 -22.77 -22.90
25-Aug-06 08:00:00 -23.07 -25.48
25-Aug-06 20:00:00 -24.72 -24.61
26-Aug-06 08:00:00 -24.97 -27.89
26-Aug-06 20:00:00 -26.52 -26.92
27-Aug-06 08:00:00 -26.72 -30.11
27-Aug-06 20:00:00 -27.86 -29.07
28-Aug-06 08:00:00 -27.93 -31.60
28-Aug-06 20:00:00 -28.91 -30.26
29-Aug-06 08:00:00 -28.98 -32.51
29-Aug-06 20:00:00 -30.03 -31.37
30-Aug-06 08:00:00 -30.14 -33.78
30-Aug-06 20:00:00 -23.44 -32.72
31-Aug-06 08:00:00 0.17 -25.56
31-Aug-06 20:00:00 3.06 -12.43 2.05
1-Sep-06 08:00:00 6.68 -2.97
1-Sep-06 20:00:00 4.00 15.17 8.4
2-Sep-06 08:00:00 3.60 6.81
2-Sep-06 20:00:00 3.17 0.95 0.1
7
ALEXANDER - Groundwater and Rain Gauge Data
Date Time Water Level (inches)

dd-mmm-yyyy
hh:mm:ss
AW3
MW1
MW2
Ref AW1 Onsite Rain
Gauge Snow Hill Rain
Gauge
3-Sep-06 08:00:00 3.09 -0.78
3-Sep-06 20:00:00 2.62 -1.38 0.82
4-Sep-06 08:00:00 2.70 -1.44
4-Sep-06 20:00:00 2.01 -1.62 0.1
5-Sep-06 08:00:00 3.02 -1.88
5-Sep-06 20:00:00 4.18 -1.09
6-Sep-06 08:00:00 3.73 -0.13
6-Sep-06 20:00:00 3.42 -0.33
7-Sep-06 08:00:00 3.28 -0.55
7-Sep-06 20:00:00 2.94 -0.87
8-Sep-06 08:00:00 2.89 -1.13
8-Sep-06 20:00:00 2.42 -1.23
9-Sep-06 08:00:00 2.27 -1.72
9-Sep-06 20:00:00 1.64 -1.75
10-Sep-06 08:00:00 1.44 -2.25
10-Sep-06 20:00:00 0.41 -2.20
11-Sep-06 08:00:00 -0.10 -2.79
11-Sep-06 20:00:00 -2.08 -2.60
12-Sep-06 08:00:00 -2.55 -3.15
12-Sep-06 20:00:00 -4.36 -3.17
13-Sep-06 08:00:00 -3.85 -3.71
13-Sep-06 20:00:00 -0.79 -3.56
14-Sep-06 08:00:00 1.03 -2.87
14-Sep-06 20:00:00 0.79 -2.04 0.28
15-Sep-06 08:00:00 0.40 -2.15
15-Sep-06 20:00:00 -2.06 -2.15
16-Sep-06 08:00:00 -2.79 -3.29
16-Sep-06 20:00:00 -4.15 -3.25
17-Sep-06 08:00:00 -4.09 -3.69
17-Sep-06 20:00:00 -5.98 -3.57
18-Sep-06 08:00:00 -5.82 -4.51
18-Sep-06 20:00:00 -7.64 -4.65
19-Sep-06 08:00:00 -6.78 -5.64
19-Sep-06 20:00:00 -7.57 -5.58
20-Sep-06 08:00:00 -6.33 -5.88
20-Sep-06 20:00:00 -9.60 -4.00 -9.00 -5.60
21-Sep-06 08:00:00 -9.81 -7.08 9.00
21-Sep-O6 20:00:00 -11.38 -7.52
22-Sep-06 08:00:00 -10.97 -8.62
22-Sep-06 20:00:00 -12.49 -9.27
23-Sep-06 08:00:00 -11.53 -10.19
23-Sep-06 20:00:00 -13.48 -10.31
24-Sep-06 08:00:00 -12.41 -12.01
24-Sep-06 20:00:00 -14.55 -11.93
25-Sep-06 08:00:00 -14.25 -13.75
25-Sep-06 20:00:00 -15.44 -13.77
26-Sep-06 08:00:00 -15.45 -14.63
26-Sep-06 20:00:00 -16.71 -15.15
27-Sep-06 08:00:00 -16.36 -16.39
27-Sep-06 20:00:00 -17.62 -16.57
28-Sep-06 08:00:00 -17.21 -17.70
28-Sep-06 20:00:00 -18.44 -17.67
29-Sep-06 08:00:00 -14.88 -19.05
29-Sep-06 20:00:00 -16.87 -15.44 0.58
30-Sep-06 08:00:00 -17.18 -17.12
30-Sep-06 20:00:00 -18.57 -17.58
1-Oct-O6 08:00:00 -18.45 -19.18
1-Oct-06 20:00:00 -19.66 -19.15
2-Oct-06 08:00:00 -19.77 -20.32
2-Oct-06 20:00:00 -20.71 -20.51
3-Oct-06 08:00:00 -20.60 -21.62
3-Oct-06 20:00:00 -21.48 -21.56
4-Oct-06 08:00:00 -21.30 -22.67
4-Oct-06 20:00:00 -22.12 -22.53
5-Oct-06 08:00:00 -22.01 -23.73
5-Oct-06 20:00:00 -22.98 -23.46
6.Oct-06 08:00:00 -22.64 -24.57
6-Oct-06 20:00:00 -19.55 -23.94
7-Oct-06 08:00:00 •16.36 -18.89
7-Oct-06 20:00:00 -1.49 -16.83 0.63
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ALEXANDER - Groundwater and Rain Gauge Data
Date Time Water Level (inches)

dd-mmm-yyyy
hh:mm:ss
AW3
MW1
MW2
Ref Awl Onsite Rain
Gauge Snow Hill Rain
Gauge
8-Oct-06 08:00:00 -4.67 -10.50
8-00-06 20:00:00 2.93 -9.99
9-00-06 08:00:00 -4.09 -10.13
9-00-06 20:00:00 -1.26 -8.53
10-Oct-06 08:00:00 -3.81 -6.07
10-00-06 20:00:00 -7.51 -6.19 0.29
11-Oct-06 08:00:00 -7.96 -7.64
11-Oct-06 20:00:00 -8.64 -7.65
12-Oct-06 08:00:00 -9.11 -7.94
12-Oct-06 20:00:00 -10.98 -7.88
13-00-06 08:00:00 -11.67 -9.27
13-Oct-06 20:00:00 -12.44 -9.68
14-Oct-06 08:00:00 -13.04 -10.24
14-Oct-06 20:00:00 -14.16 -10.72
15-Oct-06 08:00:00 -14.68 -11.69
15-Oct-06 20:00:00 -15.50 -12.33
16-Oct-06 08:00:00 -15.87 -13.09
16-Oct-06 20:00:00 -16.43 -13.63
17-Oct-06 08:00:00 -15.69 -14.23
17-Oct-06 20:00:00 -3.74 -14.20
18-Oct-06 08:00:00 2.49 -9.00
18-Oct-06 20:00:00 2.16 0.25 -5.00 -3.33 3.43 1.46
19-Oct-06 08:00:00 1.67 -3.36
19-Oct-06 20:00:00 1.08 -3.60
20-00-06 08:00:00 0.23 -3.45
20-Oct-06 20:00:00 -3.46 -4.22 0.02
21-Oct-06 08:00:00 -5.69 -4.70
21-Oct-06 20:00:00 -7.27 -4.97
22-Oct-06 08:00:00 -7.33 -5.12
22-Oct-06 20:00:00 -1.01 -3.22
23-Oct-06 08:00:00 -3.70 -3.38
23-Oct-06 20:00:00 -6.13 -4.14 0.35
24-Oct-06 08:00:00 -7.02 -4.55
24-Oct-06 20:00:00 -8.30 -4.80
25-Oct-06 08:00:00 -8.63 -5.33
25-Oct-06 20:00:00 -9.36 -5.50
26-Oct-06 08:00:00 -9.65 -5.94
26-Oct-06 20:00:00 -9.96 -6.34
27-Oct-06 08:00:00 -9.55 -6.41
27-Oct-06 20:00:00 1.18 -2.32
28-Oct-06 08:00:00 3.88 0.79
28-Oct-06 20:00:00 2.93 0.14 1.75
29-Oct-06 08:00:00 2.62 -0.81
29-Oct-06 20:00:00 2.25 -0.81
30-Oct-06 08:00:00 1.94 -1.26
30-Oct-06 20:00:00 1.53 -1.12
31-Oct-06 08:00:00 1.05 -1.39
31-Oct-06 20:00:00 0.60 -1.30
1-Nov-06 08:00:00 0.05 -1.65
1-Nov-06 20:00:00 -1.03 -1.58
2-Nov-06 08:00:00 -1.43 -1.69
2-Nov-06 20:00:00 -2.73 -1.53
3-Nov-06 08:00:00 -3.47 -1.97
3-Nov-06 20:00:00 -4.21 -1.96
4-Nov-06 08:00:00 -4.45 -2.38
4-Nov-06 20:00:00 -4.68 -2.22
5-Nov-06 08:00:00 -4.76 -2.55
5-Nov-06 20:00:00 -4.94 -2.41
6-Nov-06 08:00:00 -5.05 -2.86
6-Nov-06 20:00:00 -5.20 -2.70
7-Nov-06 08:00:00 -4.71 -2.98
7-Nov-06 20:00:00 4.22 0.30
8-Nov-06 08:00:00 3.69 0.18
8-Nov-06 20:00:00 3.33 0.06
9-Nov-06 08:00:00 3.19 -0.23
9-Nov-06 20:00:00 2.83 -0.20
10-Nov-O6 08:00:00 2.57 0.57
10-Nov-06 20:00:00 2.32 -0.46
11-Nov-06 08:00:00 2.17 -0.92
11-Nov-06 20:00:00 1.95 -0.55
9
ALEXANDER - Groundwater and Rain Gauge Data
Date Time Water Level (inches)

dd-mmm-yyyy
hh:mm:ss
AW3
MW1
MW2
Ref AW1 Onsite Rain
Gauge Snow Hill Rain
Gauge
12-Nov-06 08:00:00 3.77 0.59
12-Nov-06 20:00:00 3.94 1.31
13-Nov-06 08:00:00 3.48 0.78
13-Nov-06 20:00:00 3.34 0.58
14-Nov-06 08:00:00 3.18 -0.17
14-Nov-06 20:00:00 3.04 0.11
15-Nov-06 08:00:00 2.87 -0.33
15-Nov-06 20:00:00 2.82 -0.13
16-Nov-06 08:00:00 3.79 0.35
16-Nov-06 20:00:00 3.81 0.94
17-Nov-06 08:00:00 3.35 0.35
17-Nov-06 20:00:00 3.16 0.51
18-Nov-06 08:00:00 3.00 0.04
18-Nov-06 20:00:00 2.91 0.31
19-Nov-06 08:00:00 2.74 -0.24
19-Nov-06 20:00:00 2.59 0.08
20-Nov-06 08:00:00 2.45 -0.37
20-Nov-06 20:00:00 2.18 -0.26
21-Nov-06 08:00:00 3.11 2.00 -2.50 -0.03 5.93
21-Nov-06 20:00:00
22-Nov-06 08:00:00
22-Nov-06 20:00:00
23-Nov-06 08:00:00
23-Nov-06 20:00:00
24-Nov-06 08:00:00
24-Nov-06 20:00:00
25-Nov-06 08:00:00
25-Nov-06 20:00:00
26-Nov-06 08:00:00
26-Nov-06 20:00:00
27-Nov-06 08:00:00
27-Nov-06 20:00:00
28-Nov-06 08:00:00
28-Nov-06 20:00:00
29-Nov-06 08:00:00
29-Nov-06 20:00:00
30-Nov-06 08:00:00
30-Nov-06 20:00:00
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APPENDIX C
2006 Site Photos
Alexander Veg Plot #2
Pla,ited blackgum in fruit
Alexander Veg Plot #1
Alexander Veg Plot #3
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