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20100099 Ver 3_AsBuilt Final_20140304
As -Built & Baseline Monitoring Report Pancho Bank Parcel Pursuant to: Restoration Systems' Umbrella Mitigation Banking Instrument for Riparian Buffer and Nutrient Offset Mitigation Credits - Neuse River Basin March 2014 Prepared By: Restoration Systems, LLC 1101 Haynes St. Suite 211 Raleigh, NC 27604 Phone: 919-755-9490 Fax: 919-755-9492 Pancho As -Built & Baseline Monitorinu Report Table of Contents 1.0 Introduction ........................................................................................................ ............................... 2 2.0 Parcel Location & Background ........................................................................... ..............................2 2.1 Location and Setting ...................................................................................... ............................... 2 2.2 Parcel Background .......................................................................................... ..............................3 2.3 Parcel Objectives ........................................................................................... ............................... 3 3.0 Restoration Activities ......................................................................................... ............................... 4 4.0 Mitigation Potential ........................................................................................... ............................... 4 5.0 Monitoring Protocol & Success Criteria ............................................................ ............................... 5 6.0 Financial Assurance & Long Term Management .............................................. ............................... 5 6.1 Financial Assurance ....................................................................................... ............................... 5 6.2 Parcel Maintenance ........................................................................................ ............................... 6 6.3 Long Term Management Plan ........................................................................ ............................... 6 7.0 References ........................................................................................................... ..............................6 Appendix A: General Figures and Tables Figure 1 - Site Location Figure 2 - Service Area Figure 3 - Preconstruction Conditions Figure 4 - Component and Asset Sheets 1 - 4 As -Built Survey Table 1 - Project Components and Mitigation Credits Table 2 - Project Activity and Reporting History Table 3 - Project Contact Table 4 - Project Baseline Information and Attributes Table 5 - Reference Forest Ecosystem Table 6 - Planted Tree Species As -built Photos Appendix B: Baseline Vegetation Data, CVS Output Tables Figure 9 - Planting Plan Table 7 - Baseline Vegetation Vegetation Plot Photos 1 —16 Appendix C: NC DENR DWR Stream Determination Appendix D: Conservation Easement Appendix E: Financial Assurances Appendix F: Additional Site Photos Pancho Bank Parcel pg. 1 As -Built & Baseline Monitoring Report — March 2014 1.0 Introduction Restoration Systems (Sponsor) is pleased to provide the North Carolina Division of Water Resources (NC DWR) this As -Built & Baseline Monitoring Report for the Pancho Bank Parcel (Parcel). This document details the riparian area restoration activities, monitoring efforts, and the final mitigation potential of the Parcel as agreed upon in the Restoration Systems' Neuse River Basin Riparian Buffer & Nutrient Umbrella Mitigation Banking Instrument (Banking Instrument) signed March 17, 2008 between the Sponsor and the NC DWR. The Parcel was designed and constructed to provide mitigation credits for unavoidable impacts due to development within the Neuse River Basin. Neuse River riparian buffer mitigation credits provided by this Parcel are available for unavoidable impacts within the United States Geological Survey (USGS) 8- Digit Hydrologic Unit Code (HUC) 03020201, per 15A NCAC 02B .0242 (Meuse River Basin: Nutrient Sensitive Waters Management Strategy: Mitigation Program for Protection and Maintenance of Existing Riparian Buffers). Mitigation credits for Nutrient Offset are made available within the Neuse River Basin USGS 8 -digit HUC 03020201 excluding the Falls Lake Drainage Basin. See Figure 2: Service Area, Appendix A. This Parcel was designed and implemented in concurrence with the Pancho Steam & Wetland Mitigation Bank (Corps Action ID # SAW- 2010 - 00142). Parcel construction activates including bare root planting was concluded in early April of 2013. An onsite determination for applicability to the Neuse River Riparian Buffer Rules (15A NCAC 2B .0233) was conducted in June 2013 (Appendix B). NC DWR approved the Pancho Bank Parcel Development Package October 4, 2013. The Sponsor currently owns the property in fee simple; a Conservation Easement was placed over the Parcel on April 18t'' 2012 and will remain in perpetuity (Appendix D). As -built data was collected during the winter of 2013. CVS vegetation plots were installed and a species survey was complicated in July of 2013. An as -built survey was compiled the in December of 2013 and determined a narrow ribbon along Kennedy Mill Branch of viable riparian area that was not identified in the Bank Parcel Development Package. The entire 200 ft. riparian area was planted by Carolina Silvics in April of 2013 during bare root planting over all restoration areas (Figure 9, Appendix B). Only a portion of the viable riparian area along Kennedy Mill Branch (1.65 acres) will generate riparian buffer and nutrient offset credit as the remaining riparian area is generating riparian wetland credits through the Pancho Steam & Wetland Bank. Photos of this area are included as Appendix F and Table 1 - Project Components, includes specific line item identifying the additional area and credit being generated. As -Built baseline vegetation data collected by Axiom Environmental showed an average of 642 planted stems per acre. Of the 16 vegetation plots all but two met success criteria, vegetation plots 8 and 9 (Appendix B). 2.0 Parcel Location & Background 2.1 Location and Setting The Pancho Bank Parcel is located approximately 13 miles west of Goldsboro in western Wayne County; north of U.S. Highway 13 near the intersection of State Road 1008 (Stevens Mill Road) and State Road 1105 (Dobbersville Road) (Figure 1, Appendix A). Encompassing 65.62 acres of land at the confluence of Kennedy Mill Branch and Mill Creek, the Parcel is within the Neuse River Basin 14 -digit United States Geological Survey (USGS) Cataloging Unit 03020201150050 of the South Atlantic /Gulf Region (North Carolina Division of Water Quality [NCDWQ] Subbasin Number 03- 04 -04) (Figure 2, Appendix A) Pancho Bank Parcel pg. 2 As -Built & Baseline Monitoring Report — March 2014 Directions to Parcel: - From the City of Raleigh travel east on U.S. Highway 70 - Travel — 37 miles on U.S. Highway 70 to the intersection with Martin Livestock Road - Turn right at Martin Livestock Road (0.7 mile) - Turn right at Progressive Church Road (4 miles) - Turn left at Brogden Road (0.5 mile) - Turn right at Richardson Bridge Road (5.3 miles) - Turn left at T- intersection onto Harper House Road, which turns into Stevens Mill Road (1.3 miles) - The Parcel is located where Kennedy Mill Branch crosses Stevens Mill Road ■ Latitude: 35.333755'N, Longitude: 78.192699° W 2.2 Parcel Background Prior to construction activities, Parcel land use was agricultural based and utilized for livestock grazing and row crop production with degraded forest pockets. Pasture areas were accessible to livestock and were routinely cleared for hay production, resulting in local disturbances to stream banks and wetland soil surfaces. Additional land use practices included the maintenance and removal of riparian vegetation; ditching of adjacent riparian wetlands; and relocation, dredging, and channelization of onsite streams resulting in degraded water quality and excessive sedimentation resulting from unstable banks (stream entrenchment, erosion, and bank collapse). Figure 3, Appendix A graphically displays pre - construction conditions. Adjacent land use is currently characterized by pasture land for hay production and livestock grazing. Prior to construction adjacent landowners installed and will be responsible for the maintenance of fencing to protect from livestock trespassing and damage to Parcel assets. Figure 4 indicates the area where fencing was installed. Livestock is no longer present on the Parcel. Staff from the Division of Water Resources (DWR) visited the Site in June 2013 and determined the Site to be viable for Neuse riparian buffer and nutrient offset mitigation (Appendix C). 2.3 Parcel Objectives Restoration of riparian corridors was accomplished in conjuncture with the objectives and methods outlined by the Pancho Stream Mitigation Bank. Primary objectives of the riparian restoration focused on improving water quality, enhancing flood attenuation, and restoring wildlife habitat through the creation of a forested riparian buffer adjacent to stream channels, Primary objectives were accomplished by the following; 1. Removing nonpoint sources of pollution associated with agricultural production including a) removing livestock and b) ceasing the broadcast application of fertilizer, pesticides, and other agricultural materials into and adjacent to Site streams through treatment of runoff within the forested buffer. 2. Reducing sedimentation within onsite and downstream receiving waters by a) reducing bank erosion, vegetation maintenance, plowing, and hoof shear adjacent to Site streams, and b) removing livestock from the Site. 3. Promoting floodwater attenuation by increasing frictional resistance on floodwaters crossing Site floodplains. 4. Improving aquatic habitat by enhancing stream bed shading and natural detritus input. 5. Providing a terrestrial wildlife corridor and refuge in an area extensively developed for agricultural production. 6. Restoring and reestablishing natural community structure, habitat diversity, and functional continuity. 7. Protecting the Site's full potential of stream and riparian buffer functions and values in perpetuity. Pancho Bank Parcel pg. 3 As -Built & Baseline Monitoring Report — March 2014 3.0 Restoration Activities The objectives listed above were achieved by implementing a two phase restoration plan; 1. Re- establishment of riparian buffer forests up to 200 feet from channel margins; and 2. Permanent protection of the land in the form of a conservation easement. Restoration of floodplain forest and stream -side habitat will allow for development and expansion of characteristic species across the landscape. Eco -tonal changes between community types contribute to diversity and provide secondary benefits, such as enhanced feeding and nesting opportunities for mammals, birds, amphibians and other wildlife. Stream -side trees include species with high value for sediment stabilization, rapid growth rate, and the ability to withstand hydraulic forces associated with bankfull flow and overbank flood events. Stream -side trees were planted along the reconstructed stream banks, concentrated along outer bends. Vegetative species composition mimicked reference forest data, onsite observations, and community descriptions from Classification of the Natural Communities of North Carolina (Schafale and Weakley 1990). Community associations utilized include 1) Mesic Mixed Hardwood Forest on slopes, 2) Coastal Plain Bottomland Hardwoods (brownwater subtype) in wetlands that are intermittently to seasonally inundated for long periods (NCWAM Bottomland Hardwood Forest and Headwater Forest), and 3) stream -side assemblage within 15 feet of stream banks (Figure 6, Appendix B). Deep- rooted, riparian vegetation was restored over 49 acres of the Parcel in late April of 2013. Bare -root seedlings of tree species within the Mesic Mixed Hardwood Forest and Coastal Plain Bottomland Hardwoods (brownwater subtype) were planted at a density of approximately 642.4 stems per acre on 8- foot centers. Appendix B provides detailed as -built vegetation data including vegetation monitoring plot photos. A shallow wetland marsh treatment area was constructed at the upper extent of UT -5. The constructed depression is designed to intercept surface water draining from agricultural activities prior to discharging into the Site (Figure 4, Appendix A). The treatment area outfall was set by placing log weirs, which were buried at each end and stabilized by core matting, and class b riprap to protect against headcut migration within the constructed depressions. 4.0 Mitigation Potential This Parcel was designed and constructed to provide mitigation credits for unavoidable impacts due to development within the Neuse River Basin. Neuse River riparian buffer mitigation credits provided by this Parcel are available over the entire Neuse River Basin, United States Geological Survey (USGS) 8 -Digit Hydrologic Unit Code (HUC) 03020201, per 15A NCAC 02B .0242 (Neuse River Basin: Nutrient Sensitive Waters Management Strategy: Mitigation Program for Protection and Maintenance of Existing Riparian Buffers). Mitigation credits for Nutrient Offset are made available within the Neuse River Basin USGS 8 -digit HUC 03020201 excluding the Falls Lake Drainage Basin. See Figure 2: Service Area, Appendix A. Riparian areas suitable to generate mitigation credit were calculated by measuring horizontally 50 1. ft. from the top of bank on all subject streams for Neuse riparian buffer credit and 200 1. ft. from the top of bank on all hydrologically connected conveyances for nutrient offset mitigation (Figure 4, Appendix A). Riparian buffer credits will be measured by the hundredth of an acre and converted into square feet. The DWR has determined the nitrogen nutrient abatement of restored riparian area to be 2,273.02 lbs. per acre. Determining areas suitable to generate credit was a two -step process. Pancho Bank Parcel pg. 4 As -Built & Baseline Monitoring Report — March 2014 1. High value forest (HVF) areas with mature growth, greater than 5in. dbh (diameter at breast height) and at a frequency equivalent to 200 stems per acre or greater were surveyed and removed from credit generation. Totaling 13.9 acres 2. Acreage associated with generating riparian wetland mitigation credit through the Pancho Stream and Wetland Mitigation Bank were surveyed and removed from credit generation. Totaling 30.79 acres Figures 5 -8 of Appendix A are sealed As -Built surveys of the Parcel's assets. The Parcel will generate 16.35 acres of restored riparian area. 11.33 acres will be used specifically for nutrient offset credit, generating 25,753.31 lbs. of nitrogen offset credit. Restoration of the Neuse riparian buffer will generate 5.02 acres (218,671.2 sq. ft.) of Neuse riparian buffer credits. The mitigation provided in the Neuse riparian buffer can be used for either Neuse riparian buffer credits of nutrient offset credits, but not both. RS must request and receive approval of the transfer of any mitigation credits from DWR. All mitigation credit assets shall be shown on the credit ledgers. Figure 5 and Table 1 of Appendix A summarizes the Parcel's components and mitigation credits. 5.0 Monitoring Protocol & Success Criteria Restoration monitoring procedures for vegetation will include periodic visual inspection and annual plant survival and species diversity survey reports. Quantitative sampling of vegetation will be performed as outlined in the CVS Level 1 -2 Protocol for Recording Vegetation, Version 4.0 (Lee et al. 2006). Detailed qualitative and quantitative monitoring is proposed for vegetated riparian areas. Marsh treatment areas will be visually inspected periodically and reported qualitatively within the annual monitor report, which will include photographic record of the Parcel's assets. Monitoring of the restoration efforts will be performed for five years or until success criteria are fulfilled, Restoration Systems shall submit to NC DWR an annual monitoring report, no later than December 31st of each year. Quantitative monitoring will occur at sixteen (16) 10x10 meter vegetation plots (Figure 2, Appendix A). Sampling of vegetation will be performed as outlined in the CVS Level 1 -2 Protocol for Recording Vegetation, Version 4.0 (Lee et al. 2006) in September or October for the remainder of the monitoring period or until vegetation success criteria are achieved. All 16 CVS vegetation plots were installed and a species survey was complicated in July of 2013 by Axiom Environmental. As -built baseline vegetation showed an average of 642 planted stems per acre. Of the 16 vegetation plots all but two met success criteria, vegetation plots 8 and 9 (Appendix B). During the first year, vegetation will receive a cursory, visual evaluation on a periodic basis to ascertain the degree of overtopping of planted elements by nuisance species. Success criteria within the riparian buffer and nutrient offset restoration areas will be based on the survival of planted species at a density of 320 stems per acre after five years of monitoring. Natural recruits will not count towards annual success criteria, but maybe taken into account during review by the NC DWR. 6.0 Financial Assurance & Long Term Management 6.1 Financial Assurance The Restoration Systems Neuse River Basin UMBI Dated March 17th 2008, states upon completion of construction, a Monitoring Bond with the Penal Sum of two times the estimated cost to implement the monitoring and maintenance plan but no less than $150,000.00 in amount must be provided. A copy of the monitoring bond is provided as Appendix E Pancho Bank Parcel pg. 5 As -Built & Baseline Monitoring Report — March 2014 6.2 Parcel Maintenance A remedial action plan will be developed and implemented with the approval of NC DWR in the event that the Site or a specific component of the Site fails to achieve success criteria as outlined above. Other vegetation maintenance and repair activities may include pruning, mulching, and fertilizing. In the event that exotic invasive plant species require treatment, such species will be controlled by mechanical (physical removal with the use of a chainsaw) and /or chemical methods (aquatic approved herbicide) in accordance with North Carolina Department of Agriculture (NCDA) rules and regulations. 6.3 Long Term Management Plan The Sponsor currently holds a Conservation Easement on the Parcel which was approved by the IRT in conjunction with the establishment of the Pancho Stream and Wetland Mitigation Bank. The Conservation Easement and appropriate title insurance documents are attached as Appendix D. The Conservation Easement is perpetual, preserves all natural areas, and prohibits all use of the property inconsistent with its use as mitigation property, including any activity that would materially alter the biological integrity. The North Carolina Wildlife Habitat Foundation is expected to be the long -term holder of the Conservation Easement and responsible for long -term stewardship of the Parcel Site. The Sponsor will provide a financial sum appropriate for the long -term holder of the Conservation Easement to carry out its responsibilities. 7.0 References Griffith, G.E., J.M. Omernik, J.A. Comstock, M.P. Schafale, W.H. McNab, D.R. Lenat, T.F. MacPherson, J.B. Glover, and V.B. Shelbourne. 2002. Ecoregions of North Carolina and South Carolina. U.S. Geological Survey, Reston, Virginia. Lee, M.T., R.K. Peet, S.D. Roberts, and T.R. Wentworth. 2006. CVS -EEP Protocol for Recording Vegetation. Version 4.0.North Carolina Department of Environment and Natural Resources, Ecosystem Enhancement Program. Raleigh, North Carolina. Neuse River Nutrient Sensitive Waters Management Strategy 15A NCAC 2B .0233, 15A NCAC 02B .024 1, and 15A NCAC 02B .0242 NC Department of Environment and Natural Resources, Ecosystem Enhancement Program. Guidelines for Riparian Buffer Restoration. October 2004 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, N.C. Department of Environment, Health, and Natural Resources. Raleigh, North Carolina. United States Fish and Wildlife Service (USFWS). 2013. Endangered Species, Threatened Species, Federal Species of Concern, and Candidate Species, Alamance County, North Carolina Available: http: / /www.fws.gov /raleigh /species /cntylist/wayne.html [March, 2013]. United States Fish and Wildlife Service. USDA, Soil Conservation Service, 1974. Soil Survey of Wayne County Pancho Bank Parcel pg. 6 As -Built & Baseline Monitoring Report — March 2014 Appendix A: General Figures and Tables Figure 1 - Figure 2 - Figure 3 - Figure 4 - Sheets 1 - 4 Table 1 - Table 2 - Table 3 - Table 4 - Table 5 - Table 6 - As -Built Photos Pancho Bank Parcel As -Built & Baseline Monitoring Report — March 2014 Site Location Service Area Preconstruction Conditions Component and Asset As -Built Survey Project Components and Mitigation Credits Project Activity and Reporting History Project Contact Project Baseline Information and Attributes Reference Forest Ecosystem Planted Tree Species Appendix A: General Figures and Tables Directions to Parcel: +' J Alk n IA • From the City of Raleigh travel east on U.S. Highway 70 PERSON GRANVILLE • Travel - 37 miles on U.S. Highway 70 to the intersection with - - —' Martin Livestock Road I I • Turn right at Martin Livestock Road (0.7 mile) Fa1hL Ife+lrl ,. • Turn right at Progressive Church Road (4 miles) ORANGE 1..� FR "N<uN • Turn left at Brogden Road (0.5 mile) �rR,n,l • h • • Turn right at Richardson Bridge Road (5.3 miles) • Turn left at T- intersection onto Harper House Road, which NASH 5 turns into Stevens Mill Road (1.3 miles) J Ub • The Parcel is located where Kennedy Mill Branch { -' �' wrr V, E _ J tY crosses Stevens Mill Road CHATHAM � "- WI � LSON - .... ' I ' � I / f hthl tansy EjM 6th _ � �$F7 �_ ,• —�_ -- ^ —� l �`rnr �JOH NSTONS s.ee ®rr+ LEE. HARNETT Parcel Location: 35.333755° N , - 78.192699° W WAYNE +y r Project Location Within the Neuse River BasinUSGS 8 -Digit HUC 03020201 Curt `+ am 160 $ err, 44 Im - I � Legend Pancho Bank Parcel - Conservation Easement Boundary - 65.62 acres RESTORATION SYSTEMS, LLC SCALE: 1 in = 2,000 ft 1101 HAYNES ST, SUITE 211 DATE: 11 -2013 Figure 1 RALEIGH, NC 27604 Parcel Location PHONE : 919.755.9490 Poject ID: Pancho As -Built FAX: 91 9.755.9492 This map and all data contained within era supplied as is with no warmn y. Restnrancn systems, LLC expressly Aerial Imagery: (c) Microsoft disclaims responsibility for damages or liability from any claims Mat may arise out of the use or misuse from any claims that may arise aid of the use or misuse N this map. It is the sale responsibility of the user to determine R the data on Pa n cho As -B u i It Report Coordinate System: this map is compatible with the user s needs. This map was cat created as survey data, car should it be used as such. NAD 1983 SP NC FIPS 3200 Ft It is the users responsibility to obtain proper survey data, prepared by a licensed surveyor, where required by Iaw. — — — — — — a F15 Bank Parcel Service Area: Geographic service areas (GSA) are defined by 15A Ni 02B .0242 (Neuse River Basin: Nutrient Sensitive Waters 'R ro Management Strategy: Mitigation Program for Protection and s Maintenance of Existing Riparian Buffers), Oxford* Service area for Neuse Riparian Buffer Mitigation Credits is rr the entire USGS 8 -Digit HUC 03020201 — Neuse 01 River . 245 m Basin. f, 57 96 CAMP UTNFR Service for Nutrient Offset Mitigation Credits is the ab ., rRA, III �..,. ;:. ce area en g 51 Neuse River Basin USGS 8 -digit HUC 03020201 excluding the soil Falls Lake Drainage Basin. B tner' Hickory., eb Creedmoor Louisburg, - -- - Hillsborough 'Al A..E.. R' 11R uS / - - Red Odk Durha ak s lua rn k, vg Nashville + 54 ^" 74 _ rRockyMomit Chapel Hill. 8. EYEREiT b - k7RDAN LAKE - h i ry ` a H IT td e e el / - Ape Wilson. Pittsboro 8 LTv"Iftf Jordan Lake • .1 Hollysprin j' ay IT sots, L I I," 42 Sanford FA B '411'. uies Creek Lillington' Coats �l B ens 1 2T Erwin, Dund 9 y e, Walkertown• Parcel Location: oPEAFa FORT r 35.333755' N , - 78.192699° W j401�, } {3x Pines POi BP'G" Fort Bra snM °as yg` pAF ,701' 34 210 ,Fayetteville Legend C3Parcel Riparain Buffer GSA + Concoi 53 SA r9P5 CW� Parcel Nutrient Offest GSA i °At4P0�' snow: Hill �I o - 4 ,Jti ryy v ... LaGrany• k! I L.YE r9L'Ml A!RPQRT Warsaw SCALE: RESTORATION SYSTEMS, LLC Figure 2 1101 HAYNES ST, SUITE 211 RALEIGH, NC 27604 DATE: 2 -2014 Service Area PHONE: 919.755.9490 Poject ID: Pancho As -Built FAX: 919.755.9492 This map and all data c,nl,in,l within are supplied as Is with no warranty. Restoration Systems, LLC expressly disclaims responsibilty for damages or liability from any claims that may arise out of the use or misuse from any claims that may arise out of the use or misuse of this map. It is the sole responsibility of the user to determine R the data as thls map is compatible with the users needs. This map was not created as survey data, nor :howl it be used as such. II is the user's responsibility to obtain propx surrey date, prepared by a licensed surveyor, where required by law. Aerial Imagery: (c) Microsoft Pa n eho As-Built Coordinate System: NAD 1983 SP NC FIPS 3200 Ft — — — — — — d UT -2 ,• Veg Plot 12 U1 T - P Veg Plot 15 Veg PI6t'9" Veg lot 10 Veg,Plot4 - � O VegPlot 11 0. Veg Plot Main Tributary 1 ~Veg -Plot 8 At- Af t • f ,j UT -3 Veg•Plot \6 O i Veg Plot 7 !►' / O Kennedy Mill Branch ! ;/ % 1 Y' Feet 0 225 450 900 1,350 1,800 . y" C Y. ` Table 1. Project Components and Mitigation Credits Pancho Bank Parcel — Wayne County, NC Mitigation Credits Nutrient Offset (Nitrogen only) �• r 11.33 i Veg Plot 1r'•- O 41F lot 13 Veg Plot 2 Restoration Acreage UT -5 a4 11.03 Veg Plot 14:r 11.03 i veg Plot 3O Kennedy Mill Branch i d UT -2 ,• Veg Plot 12 U1 T - P Veg Plot 15 Veg PI6t'9" Veg lot 10 Veg,Plot4 - � O VegPlot 11 0. Veg Plot Main Tributary 1 ~Veg -Plot 8 At- Af t • f ,j UT -3 Veg•Plot \6 O i Veg Plot 7 !►' / O Kennedy Mill Branch ! ;/ % 1 Y' Feet 0 225 450 900 1,350 1,800 . y" C Y. ` Table 1. Project Components and Mitigation Credits Pancho Bank Parcel — Wayne County, NC Mitigation Credits Nutrient Offset (Nitrogen only) Restoration Restoration Equivalent 11.33 -- Projects Components Existing Acreage Restoration/ Mit. Ratio Restoration Acreage Mitigation / Acre Comment 11.03 Restoration (1.1) 11.03 2,273.02 lbs. / acre Cessation of current land use practices, removing invasive species, and planting with native forest vegetation. *0.3 0.3 11.33 Totals 11.33 Component Summation Restoration Level Nutrient Offset Credits (lbs.) Restoration 11.33 acres = 25,753.31 lbs. Totals 11.33 acres = 25,753.31 lbs. Neuse Riparian Buffer Restoration Restoration Equivalent 5.02 -- Projects Components Existing Acreage Restoration/ Mit. Ratio Restoration Acreage Mitigation / Acre Comment 3.67 Restoration (1.1) 3.67 2,273.02 lbs. / acre Cessation of current land use practices, removing invasive species, and planting with native forest vegetation. *1.35 1.35 5.02 Totals 5.02 Component Summation Restoration Level Neuse Riparian Buffer Credits (sq. ft.) Restoration 5.02 acres = 218,671.2 sq. ft. Totals 5.02 acres = 218,671.2 sq. ft. * Additional acreage associated with Kennedy Mill Branch — See Section 1.0 of the Pancho As -Built & Baseline Monitoring Report Legend Figure Table A: Parcel Feature Subjectivity Easement Boundary Pancho Bank Parcel — Wayne County, NC Feature Subject to NCAC 02B ,0242 * NC DWRApproved for Nutrient Offset Mitigation — -- Fencing Marsh Treatment Kennedy Mill Branch Yes Yes Main Tributary Yes Yes Streams As -Built Streams UT -1 n/a Yes Nutrient Offset Credit Area: 11.33 ac. UT -2 n/a Yes CI High Value Forest UT -3 Yes Yes UT -4 n/a Yes Riparian Buffer Credit Area: 5.02 ac. UT -5 Yes Yes Wetland Mitigaiton CreditArea *Appendix C: NC DWR Stream Determination RESTORATION SYSTEMS, LLC SCALE: 1 in= 458ft N 1101 HAYNES ST, SUITE 211 DATE: 11 -2013 Figure 4 RALEIGH, NC 27604 Component & Asset PHONE: 919.755.9490 Poject ID: Pancho As -Built FAX: 919.755.9492 TM1IS map and all tleta contained MNIn are supplletl as is wiN no warranty. Restoration Systems, LLC oV,aasly disclaims responsibility for da gas or liability tram any claims Nat may arise out of the useamisuse from any claims Aerial Imagery: (c) Microsoft that may arise out of the use or misuse of this map. It is the sole respm ibility M the user to determine. if the data on Coordinate System this map is compatible wiN the user's needs. This map was net craated as survey data, nor should it be used n such. rancho As—Built It is the users responsibility to obtain pmpar survey data, prepared by a licensed s prvaypr, where reaabad by law. NAD_ 1983_SP_NC_FIPS_3200_Ft BEING ALL OF THE PROPERTIES RECORDED IN O.B. 2763, PG. 212 & D.B. 2817, PG. 419 OF THE WAYNE COUNTY REGISTRY OF DEEDS. MAP REFERENCE(S): BOOK N, PG. 50B P.C. K, SL. 83 -1 P.C. K, SL. 35 -C GENERAL NOTES: 1) NOTE.' NO ABSTRACT TITLE, NOR TITLE COMMITMENT, NOR RESULTS OF TITLE SEARCH WERE FURNISHED TO THE SURVEYOR. ALL DOCUMENTS OF RECORD REVIEWED ARE NOTED HEREON (SEE REFERENCES). THERE MAY EXIST OTHER DOCUMENTS OF RECORD THAT MAY AFFECT THIS SURVEYED PARCEL. THE AREA REPRESENTED BY THIS PLAT IS NOT LOCATED IN A FLOOD HAZARD BOUNDARY ACCORDING TO FEMA MAP VICINITY MAP (NTS] NUMBER(S) 3720254700J ZONE(S): j DATED: DECEMBER 2. -J 2005. SURVEYORS CERTIFICATION(S) Surveyor's disclaimer: No attempt was made to locate any cemeteries, wetlands, hazardous material sites, underground utilities or any other features above, or below ground other than those shown. However, no visible evidence of cemeteries or utilities, aboveground or otherwise, was observed by the undersigned. I certify that the survey is of another category (Composite Map /Nutrient Offset & Compensatory Mitigation Areas Map), such as the recombination of existing parcels, a court- ordered survey, or other exception to the definition of subdivision. I certify that the GPS control tie down for this survey (from "A" to "B ") was performed to class AA specifications per 21 NCAC 56.1603 and that static GPS field procedures and coordinates were obtained by least squares adjustment using Ashtech Solutions version 2.60. That the GPS control tie down was performed on November 4th, 2009 using three Tholes Navigation Promork II receivers. All coordinates are based on NCGS Monument "HOOD" referenced to NCSPC NAD 83/86. (1) Class of survey: AA (6) Published /Fixed - control use: NCGS "HOOD" (2) Positional accuracy: 1:20,000 (7) Geiod model: Geiod 99 for U.S. (3) Type of GPS field procedure: Static (8) Combined grid factor(s): 0.9998744999 (4) Dates of survey: November 4th, 2009 (9) Units: U.S. Survey Feet (5) Datum /Epoch: NCSPC 1983/86 I JOHN A. RUDOLPH , certify that this plat was drawn under my supervision from (an actual survey made under my supervision) (deed description recorded in Book SEE , Page REFS , etc.) (other); that the ratio of precision as calculated by latitudes and departures is 1/10.000+ ; that the boundaries not surveyed are shown as broken lines plotted from information found in Book --- , Page - -- (All lines surveyed); that this plat was prepared in accordance with G.S. 47 -30 as amended. Witness my original signature, registration number, and seal this 16th day of December , A.D. 2013. SEAL OR STAMP SEAL C - L -4194 �y0 �? t veyor L -4194 E METADATA CORNER DESCRIPTIONS CORNER DESCRIPTION DESCRIPTION 67.79' N24'04'40 "W 4 "x4" CONCRETE MARKER 1� DISTURBED WITH PK NAIL 0.1' ABOVE GRADE 2.0' ABOVE GRADE WITH A 1" O.D. IRON PIPE 4 "x4" CONCRETE MARKER 2Q WITH PK NAIL 3.0' ABOVE GRADE 2.25' ABOVE GRADE 2" O.D. EXISTING AXLE No. 5 REBAR WITH CAP O INSCRIBED: "CONSERVATION OF STREAM, 2.5'7 ABOVE EASEMENT" FLUSH WITH WATER GRADE No. 5 REBAR WITH CAP "CONSERVATION 4 "x4" CONCRETE MARKER ® TOP SEPARATED EASEMENT" FLUSH WITH FROM BOTTOM GRADE 0.5' ABOVE GRADE O 3 "x3" CONCRETE MARKER 0.8' BELOW GRADE 0.8' ABOVE GRADE © 2" O.D. IRON PIPE 0.5' BELOW GRADE 0.3' ABOVE GRADE O 2" O.D. IRON PIPE INSCRIBED: "CONSERVATION 0.2' ABOVE GRADE O 2" O.D. IRON PIPE GRADE 0.1' ABOVE GRADE O 2" O.D. IRON PIPE FLUSH WITH GRADE 0.1' ABOVE GRADE ® 1" O.D. IRON PIPE 204.84' 1.0' ABOVE GRADE L138 No. 5 THREADED REBAR N13'17'51 "E 0.2' ABOVE GRADE 44.38' WITNESSED BY 1" O.D. © IRON PIPE 1.1' ABOVE N77'45'21 "E GRADE & WITNESSED BY 76.26' 0.5" O.D. IRON PIPE L1 5C 5' ABOVE GRADE N77'45'21 "E 2" O.D. IRON PIPE ® FLUSH WITH GRADE L1 BA WITNESSED BY DISTURBED N77'49'1 2 "E AXLE 127.89' No. 5 REBAR WITH CAP ® INSCRIBED: "CONSERVATION 1 N7TO6'22 "E EASEMENT" FLUSH WITH 1 41.21' GRADE L18 1 " O.D. IRON PIPE S27'26'54 7E 0.5' ABOVE GRADE 2" O.D. IRON PIPE FLUSH WITH GRADE ® WITNESSED BY U METAL STAKE, 2.5' ABOVE GRADE ® 2" O.D. IRON PIPE FLUSH WITH GRADE 2" O.D. IRON PIPE 0.2' ABOVE GRADE © WITNESSED BY 2" O.D. IRON PIPE, 4' ABOVE GRADE 2" O.D. IRON PIPE 0.2' ABOVE GRADE ® WITNESSED BY 2" O.D. IRON PIPE, 2.75' ABOVE GRADE METADATA CORNER DESCRIPTIONS (CORNER #24 NOT USED) CORNER DESCRIPTION 67.79' N24'04'40 "W L2A 2" O.D. IRON PIPE N70'56'10 'W 0.1' ABOVE GRADE 19 WITH A 1" O.D. IRON PIPE L3 DRIVEN INTO SAID EIP N6T58'01 "W 3.0' ABOVE GRADE 29.07' 2" O.D. EXISTING AXLE ©0 LOCATED IN CENTERLINE N64'24'53 "W OF STREAM, 2.5'7 ABOVE 115.93' WATER 21 To D No. 5 REBAR WITH CAP "CONSERVATION N51'21'36 "W INSCRIBED: To Q @ EASEMENT" FLUSH WITH L8 GRADE S84' 18'03" W No. 4 REBAR 38.80' 0.8' BELOW GRADE Q No. 4 REBAR S84'18'03 "W 0.5' BELOW GRADE 94.20' No. 5 REBAR WITH CAP © To O INSCRIBED: "CONSERVATION 1 N14 *58'15 "W EASEMENT" FLUSH WITH 88.42' GRADE k To O2 No. 5 REBAR NO2'07'43 "W FLUSH WITH GRADE LINE DATA ALONG CONSERVATION EASEMENT LINE LENGTH BEARING Lt 67.79' N24'04'40 "W L2A 7.98' N70'56'10 'W L28 102.90' N70'56'1 0 "W L3 129.92' N6T58'01 "W L4A 29.07' N64'24'53"W L4B 60.78' N64'24'53 "W L5 115.93' N88'48'31 "W L6 68.88' N51'21'36 "W L7 51.28' N05'41'57 "W L8 208.81 S84' 18'03" W L9A 38.80' S84'11 8'03"W L98 46.64' S84'18'03 "W L1 0A 94.20' N 1458' 15 "W L10B 58.98' 1 N14 *58'15 "W L11 88.42' N14'23'40 "W L1 2A 62.76' NO2'07'43 "W L128 9.33' NO2'07'43 "W L1 3A 204.84' N13'17'51 "E L138 12.74' N13'17'51 "E L14 44.38' NO2'35'42 "E L1 5A 105.94' N77'45'21 "E L158 76.26' N77'45'21 "E L1 5C 60.63' N77'45'21 "E L1 5D 443.37' N77'45'21 "E L1 BA 37.49' N77'49'1 2 "E L1 6B 127.89' N77'49'1 2 "E L1 7A 161.71 1 N7TO6'22 "E L1713 1 41.21' 1 N77'06'22 "E L18 1 19.22' 1 S27'26'54 7E CONSERVATION EASEMENT ACREAGE DATA: THE AREA OF CONSERVATION EASEMENTA =24.35 ACRES± EXCLUDING N.C.S.R. 1008 R/W AND INCLUDING THE 30' PROGRESS ENERGY UTILITY EASEMENT BY COORDINATE COMPUTATION. THE AREA OF CONSERVATION EASEMENT B = 41.27 ACRES± EXCLUDING N.C.S.R. 1008 R/W AND INCLUDING THE 30' PROGRESS ENERGY UTILITY EASEMENT BY COORDINATE COMPUTATION. THE TOTAL AREA OF CONSERVATION EASEMENTS A 8 B = 65.62 ACRES± EXCLUDING N.C.S.R. 1008 R/W AND INCLUDING THE 30' PROGRESS ENERGY UTILITY EASEMENT BY COORDINATE COMPUTATION. LINE DATA ALONG RIGHT -OF -WAY OF STEVENS MILL ROAD (N.C.S.R. 1008) LINE LENGTH BEARING L140 28.68' N76'18'54 "E L141 91.52' N77'40'1 4 "E L142 82.53' N77'48'21 "E L143 57.73' N77'36'20 "E L144 75.33' N77'45'21 "E LINE DATA ALONG CENTERLINE OF KENNEDY MILL BRANCH FROM "Co TO "D" (ALL POINTS ARE NMC) LINE LENGTH BEARING L19 42.41' NO3'58'50 "W L20 38.28' N29'48'33 "W L21 49.13' N48'18'39 "W L22 29.41' N41'52'16 "W L23 39.43' N17'21'15 "E L24 12.77' N06'44'29 "W L25 26.70' N 10'06'22 "E L26 28.90' NO2'25'39 "E L27 33.22' N34'09'02 'W L28 20.75' N15'04'44 "W TOTAL WETLAND CREDIT AREA WITHIN CONSERVATION EASEMENTS A & B IOTA! 1 1,340,791.99 sq. ft 1 30.79 acres RIPARIAN BUFFER CREDIT AREA WITHIN CONSERVATION EASEMENTS A & B TOTAL 1 218,101.43 sq. ft 5.02 acres NUTRIENT OFFSET CREDIT AREA WITHIN CONSERVATION EASEMENTS A & B TOTAL 1 493,324.08 sq. ft 1 11.33 acres SHEET 1 OF 4 RIPARIAN BUFFER 8 NUTRIENT OFFSET COMPOSITE MAP OF THE PANCHO BANK PARCEL FOR PANCHO MITIGATION COMPANY, LLC GRANTHAM TOWNSHIP WAYNE COUNTY NORTH CAROLINA 200 100 0 200 400 600 GRAPHIC SCALE 1 " =200' WETLAND CREDIT AREA WITHIN CONSERVATION EASEMENT A W -Al 490,739.83 sq. ft. 11.27 acres W -A2 31,236.35 sq. ft. 0.72 acres W -A3 5,311.70 sq. ft. 0.12 acres TOTAL 527,287.88 sq. ft. 12.11 acres RIPARIAN BUFFER CREDIT AREA WITHIN CONSERVATION EASEMENT A n -A I 117,003.09 sq. ft. 2.69 acres N -A2 58,945.50 sq. ft. 1.35 acres N -A3 175,948.59 sq. ft. 4.04 acres NUTRIENT OFFSET CREDIT AREA WITHIN CONSERVATION EASEMENT L N -Al 721.03 sq. ft. 0.02 acres N -A2 17,887.73 sq. ft. 0.41 acres N -A3 24,435.51 sq. ft. 0.56 acres N -A4 11,827.24 sq. ft. 0.27 acres N -A5 8,482.08 sq. ft. 0.19 acres N -A6 1,045.01 sq. ft. 0.02 acres N -A7 2,076.83 sq. ft. 0.05 acres N -A8 1,137.69 sq. ft. 0.03 acres N -A9 19,554.70 sq. ft. 0.45 acres N -A10 1,252.32 sq. ft. 0.03 acres N -A11 267.65 sq. ft. 0.01 acres N -Al2 12,912.51 sq. ft. 0.30 acres TOTAL 101,600.30 sq. ft. 2.34 acres GENERAL NOTES: WETLAND AREAS AND CENTERLINE OF BRAIDED CHANNEL PROVIDED BY AXIOM ENVIRONMENTAL, INC. ALL STREAMS WERE SURVEYED BY K2 DESIGN GROUP, P.A. DURING AUGUST - DECEMBER, 2013. 4.25' FROM CENTERLINE TO EDGE \.., r� OF KENNEDY MILL BRANCH AT R -137 & R -138 o -ono 0 Q b0 s' 2z 0 z SECTION 4 NOT TO SCALE 0.5' N39'59'27 "W 136.60' .' FROM CENTERLINE �54 10 TO EDGE OF UT -5 _ w o WL -A2 o00 i�50'— BRA] DEDCHANNEL �' D.B. 2261, �ro (TYPICAL OF BOTH EIS sa "W v ° SIDES OF 1 N11- 49'0 z z CENTERLINE) 94.01' x \ 34.01 N06- 14'10 "W ' \ 0 69.85' SECTION 1 Z NOT TO SCALE SHEET 2 OF 4 RIPARIAN BUFFER & NUTRIENT OFFSET ro C 0 M U' 00 z z x 0 z COX D.B. 2261, PG. 808 a7 EIS N88'58'1 6"W 14.79' "E" NMC- N88'58' 16 "W 13.63' N88- 58'16 "W 45 EIS - 26.05' as EIS N -All S36'04' 16 "W 97 DO ti� 501'44'35 "E N39'59'27 "W 136.60' IS 69 �54 84.05' «--- w o WL -A2 COX cn J D.B. 2261, rn PG. 808 EIS sa "W EIS EIS 7i This document originally issued and sealed N A2 by John A. Rudolph, license number L -4194, on December 16, 2013. This electronic rc, media shall not be considered a certified COMPOSITE MAP document. See the project report for OF THE certificate and seal. PANCHO BANK PARCEL FOR PANCHO MITIGATION COMPANY, LLC GRANTHAM TOWNSHIP WAYNE COUNTY NORTH CAROLINA 200 100 0 200 400 600 GRAPHIC SCALE 1 " =200' IL S01'44'35 "E 142.27' as EIS S39'44'30 "E n� In a "K' 9. COX D.B. 2261, — PG. 808 VL -A1 EIS 3'58'1 6"W 49.52' N43'01'28 "W 119.22' N40' 1 1 ' 17 "W 103.25' EIS se N39'59'27 "W NOTE: IS 69 �54 84.05' «--- EIS s7 59.09' N01-27-15"E EIS ss V V k COX ETAL W.B. 89E, PG. 503 D.B. 1125, PG. 121 41'45 "E % 8.74' / EIS sa N13'33'50 "W NOTE: N 17-19'11 4-E EIS 63 84.05' «--- NO2'3551 "E EIS 62 60.89' N 18'30'25 "W 137.93' \\ \EIS si COX ETAL W W.B. 89E, PG. 503 D.B. 1125, PG. 121 �1 N11'24'59 "W 138.62' EIS 59 1ATCHLINE SHEET 2 MATCHLINE, SHEET LEGEND: ISS - IRON STAKE SET ECM - EXISTING CONCRETE MARKER EIP - EXISTING IRON PIPE EN - EXISTING NAIL EMN - EXISTING MAG NAIL EIS - EXISTING IRON STAKE EPP - EXISTING PUMP PIPE ERCM - EXISTING RIGHT -OF -WAY CONCRETE MARKER NMC - NON- MONUMENTED CORNER R/W - RIGHT OF WAY EOP - EDGE OF PAVEMENT E/B - EASEMENT BOUNDARY CL - CENTERLINE UP - UTILITY POLE P.C. - MAP BOOK D.B. - DEED BOOK PG. - PAGE O ISS, FLUSH WITH GRADE PROPERTY LINE — — — — — TIE DOWN LINE _ RIGHT OF WAY LINE OR ADJOINER LINE TRIBS UT - UNNAMED TRIBUTARY CONSERVATION — EASEMENT A 24,35 ACRES± EXCLUDING THE RIGHT —OF —WAY OF STEVENS MILL ROAD (N.C.S.R. 1008) AND INCLUDING THE 30' PROGRESS ENERGY EASEMENT BY COORDINATE COMPUTATION EIS 55 _ 49.20 EIS 54 ' FUTRELL \ ........ _... _ a5�, =' ...... _ D.B. 617, 00 o� w 0 UQ Z Z x 0 Z N13'33'50 "W NOTE: 161.57' OLD PROPERTY LINE IS CENTERLINE h EIS sa "W OF 1 N11- 49'0 CH. MILL BRAND 94.01' EIS 57 N25- 25'00 "W \ 34.01 N06- 14'10 "W ' \ EIS 5s 69.85' a 1 — EIS 55 _ 49.20 EIS 54 ' FUTRELL \ ........ _... _ a5�, =' ...... _ D.B. 617, 00 o� w 0 UQ Z Z x 0 Z RIPARIAN BUFFER CREDIT AREA WITHIN CONSERVATION EASEMENT B 1 N -131 4,581.19 sq. ft. 0.11 acres N -B2 11,708.18 sq. ft. 0.27 acres R -B3 756.21 sq. ft. 0.02 acres R -B4 665.39 sq. ft. 0.02 acres R -B5 560.80 sq. ft. 0.01 acres R -B6 9,619.87 sq. ft. 0.22 acres R -137 12,792.16 sq. ft. 0.29 acres R -88 674.26 sq. ft. 0.02 acres R -B09 794.78 sq. ft. 0.02 acres TOTAL 1 42,152.84 sq. ft. 1 0.98 acres NUTRIENT OFFSET CREDIT AREA WITHIN CONSERVATION EASEMENTB N -131 118,486.93 sq. ft. 2.72 acres N -B2 95,599.12 sq. ft. 2.1 9 acres N -63 162,599.99 sq. ft. 3.73 acres N -134 15,037.72 sq. ft. 0.35 acres TOTAL h— I 391,723.76 sq. ft. 8.99 acres �:. RECORD CORNER �^ EIS N F ISS - IRON STAKE SET D.B. 2763, PG. EXISTING 212 WOOD L1 2B G UT 2 � w w. DENNING ECM - EXISTING CONCRETE MARKER 'N-B3, �� D.B. 41 1, PG. 438 EIP - EXISTING IRON PIPE RAIL FENCE L12A :. EN - EXISTING NAIL EIS N27 °39'59 "W EMN - EXISTING MAG NAIL 38 50.15' EIS - EXISTING IRON STAKE CONSERVATION EPP - EXISTING PUMP PIPE EXISTING U WL -B1 EASEMENT B ERCM - EXISTING RIGHT -OF -WAY CONCRETE MARKER SOIL L10B ROAD 37 EIS O 2 41.27 ACRESt EXCLUDING THE NMC - NON- MONUMENTED CORNER --1-9A 34 ; c� RIGHT —OF —WAY OF STEVENS MILL ROAD c� (N.C.S.R. 1008) AND INCLUDING THE 30' R/W -RIGHT OF WAY o I 35 EIS sue- PROGRESS ENERGY EASEMENT EOP -EDGE OF PAVEMENT EIS L8 �p BY COORDINATE COMPUTATION E/B - EASEMENT BOUNDARY \ N -B3 CL - CENTERLINE EIS 33 EIS UP - UTILITY POLE 36 6 N S.; �y S2Q P.C. - MAP BOOK L9B <4S_ . 1-4A L5 / D.B. - DEED BOOK I FUTRELL EIS EIS 29 �9/�' sSOps 39'. PG. - PAGE D.B. 1167, - DEN/ NG R /e• : ";, D.B. 411, PG. 438 O -ISS, FLUSH WITH GRADE PG. 289 310 EIS ., PROPERTY LINE �',�'� C2e EIS — — — — — TIE DOWN LINE SECTION 3 L2A < N-62 RIGHT OF WAY LINE OR SEE SHEET 4 OF 4 ©EIS' ��.��: ADJOINER LINE (TYPICAL SECTION OF UT -3 AT R-136) N00'36'58 °W TRIBS EXISTING 30' RIGHT —OF —WAY 11.39' WL -B1 / i2 EIP -. ECM UT - UNNAMED TRIBUTARY SEE D.B. 1167, PG. 292 3: /i ® SHEET 3 OF 4 NOT SHOWN IN ITS ENTIRETY ao h Ss 009• RIPARIAN BUFFER & NUTRIENT OFFSET NOT LOCATED ON THESE PARCELS FUTRELL ' M N N o h�' 391 09 "' This document originally issued D.B. 997, PG. 507 o `O 6g. F "W COMPOSITE MAP and sealed by John A. Rudolph, SECTION z a NN N N66'48'55 WL Bl' „.' OFTHE license number L -4194, on SEE SHEET 4OF4 EIS 99.59' -” S24 °59'25 "W PANCHO BANK PARCEL December 16, 2013. This TYPICAL SECTION 3 13 9.60' KENNEDY MILL BRANCH electronic media shall not be ©EIS o "W FOR ATR- B2,R- B3 &R -B4) considered a certified document. N66'48'55 46� �6s48SS" PANCHO MITIGATION See the project report for ; ::\;: `' m N 105.54' "W W certificate and seal. MATCHLINESHEET� 4 �, �,::'�z N66'48'55 COMPANY, LLC M TA CHLINE SHEET 0 �� o : Q" .::� .�,;. EIP to 135.52' GRANTHAM TOWNSHIP WAYNE COUNTY NORTH CAROLINA 200 100 0 200 400 600 GRAPHIC SCALE 1" =200' Kell 4►U3 ISS - IRON STAKE SET ECM - EXISTING CONCRETE MARKER EIP - EXISTING IRON PIPE EN - EXISTING NAIL EMN - EXISTING MAG NAIL EIS - EXISTING IRON STAKE EPP - EXISTING PUMP PIPE ERCM - EXISTING RIGHT -OF -WAY CONCRETE MARKER NMC - NON- MONUMENTED CORNER R/W - RIGHT OF WAY EOP - EDGE OF PAVEMENT E/B - EASEMENT BOUNDARY CL- CENTERLINE UP - UTILITY POLE P.C. - MAP BOOK D.B. - DEED BOOK PG. - PAGE O ISS, FLUSH WITH GRADE PROPERTY LINE - — — — - TIE DOWN LINE RIGHT OF WAY LINE OR ADJOINER LINE TRIBS UT - UNNAMED TRIBUTARY o03 n �M c� o U Q z z x 0 z WL -B1.:_ E PARCELS FUTRELL a ;� c' M D.B. 997, PG. 507 D.B. 997, PG. 1 ttoo 3 3 EIP t7 O N SECTION 2 z SEE SHEET 4 OF 4 =ryN license number L -4194, on (TYPICAL SECTION 14 oo KENNEDY MILL BRANCH © EIS AT R -132, R -63 & R -134) K SHEET electronic media shall not be O MATCHLINE D.B. 821, M TA CHLINE SHEET 4 0 CO / EIS See the project report for / 25 EIS ryCj' ^) c EIP 15 FUTRELL a ;� W w 99.59' D.B. 997, PG. 507 a �O 3 3 EIP t7 ;EIP �co' v °¢ _ -- 50' -_y� TO EDGE =ryN license number L -4194, on 3 14 oo o° o ,o � , w �. K ro rn electronic media shall not be O 0 D.B. 821, considered a certified document. ECM / EIS See the project report for / EIP 18 S56 °48'24 "E certificate and seal. SECTION 2 ss0 a 8.00' ,.� Oro 6g' F cL •'`� - WL-1311 KORNEGAY ..' 21 EIS S56'48'24 EIP 19 �X6,�,SX O`L � •^ 109.24' PG. 150 _ ^n�1 1� S57°39'55 "E / Q / FUTRELL D.B. 1433, PG. 565 -B2 N "� N66'48'55 W w 99.59' EIS 4'59'25 "W W 3 3 9.60' ;EIP and sealed by John A. Rudolph, v °¢ _ -- 50' -_y� TO EDGE license number L -4194, on �. 14 oo FUTRELL D.B. 2791, PG. 432 W w CENTERLINE This document originally issued 4 CM 2 050F � and sealed by John A. Rudolph, v °¢ _ -- 50' -_y� TO EDGE license number L -4194, on �. oo December 16, 2013. This � , w �. K LEE 89E -145 electronic media shall not be O 0 D.B. 821, considered a certified document. ECM / PG. 687 See the project report for / 5 O S56 °48'24 "E certificate and seal. SECTION 2 ss0 a 8.00' 6g' F - WL-1311 KORNEGAY ..' S56'48'24 "E D.B. 2792, NMC EIP 109.24' PG. 150 S57°39'55 "E N66'48'55 "W _'s),. EIP Q 141.06' 105.54' N66 48 SSW S68'55' 10 "E N66 °48'55 "W �9 1.61' EIP 9� 135.52' %yT ® EIP EIS die \ FUTRELL D.B. 2791, PG. 432 2.5' FROM W w CENTERLINE o� 050F � CENTERLINE v °¢ _ -- 50' -_y� TO EDGE zZ OF UT -3 TO oo 2 coo K O 0 z o SECTION 3 z z NOT TO SCALE Of 2.5' FROM CENTERLINE - TO EDGE OF KENNEDY MILL BRANCH oo coo 0 o z z Of 0 SECTION 2 z NOT TO SCALE o> 0 ti o a •�B�• EIP 10 \ DOORDINATE \ \ , 4' ,867.0 867.0492' 208 \�s� 01F 3���srjiL ooh rG1 NCGS MARKER "A" "HOOD" GRID FACTOR: 0.9998744999 N= 562,846.9320' E= 2,259,109.0870' HORIZONTAL GROUND DISTANCES USED UNLESS OTHERWISE NOTED. SHEET 4 OF 4 RIPARIAN BUFFER & NUTRIENT OFFSET COMPOSITE MAP PANCHO BANK PARCEL FOR PANCHO MITIGATION COMPANY, LLC GRANTHAM TOWNSHIP WAYNE COUNTY NORTH CAROLINA 200 100 0 200 400 600 GRAPHIC SCALE I" =200' J Table 1. Project Components and Mitigation Credits Pancho Bank Parcel — Wayne County, NC Mitigation Credits Nutrient Offset (Nitrogen only) Restoration Restoration Equivalent 11.33 -- Projects Components Existing Acreage Restoration/ Mit. Ratio Restoration Acreage Mitigation / Acre Comment 11.03 Restoration (1:1) 11.03 2,273.021bs. / acre Cessation of current land use practices, removing invasive species, and planting with native forest vegetation. *03 0.3 11.33 Totals 11.33 Component Summation Restoration Level Nutrient Offset Credits (lbs.) Restoration 11.33 acres = 25,753.31 lbs. Totals 11.33 acres = 25,753.31 lbs. Neuse Riparian Buffer Restoration Restoration Equivalent 5.02 -- Projects Components Existing Acreage Restoration/ Mit. Ratio Restoration Acreage Mitigation / Acre Comment 3.67 Restoration (1:1) 3.67 2,273.02 lbs. / acre Cessation of current land use practices, removing invasive species, and planting with native forest vegetation. *1.35 1.35 5.02 Totals 5.02 Component Summation Restoration Level Neuse Riparian Buffer Credits (sq. ft.) Restoration 5.02 acres = 218,671.2 sq. ft. Totals 5.02 acres = 218,671.2 sq. ft. * Additional acreage associated with Kennedy Mill Branch — See Section 1.0 of the Pancho As -Built & Baseline Monitoring Report Table 2: Project Activity and Reporting History Pancho Bank Parcel — Wayne County, NC Activity or Report Data Collection Completion or Delivery RS Neuse UMBI NA March 2008 BPDP NA September 2013 Conservation Easement NA April 2012 Construction NA April 2013 Bare Root Planting NA March 2013 As -Built & Baseline Monitoring Document July 2013 January 2014 Pancho Bank Parcel Appendix A: General Figures and Tables As -Built & Baseline Monitoring Report Table 3: Project Contact Table Pancho Bank Parcel — Wayne County, NC Firm POC & Address Project Name 1101 Haynes Street, Suite 211 Bank Sponsor Restoration Systems, LLC Raleigh, North Carolina 27604 Project Area (acres) George Howard and John Preyer Project Coordinates (latitude and longitude) 35.333755° 919 - 755 -9490 Designer: Axiom Environmental, Inc. Grant Lewis; 919.215.1693 River Basin Neuse 218 Snow Ave. Raleigh, NC 27603 03020201 USGS Hydrologic Unit 14- digit Lloyd Glover; 919.422.3392 Construction Contractor: Land Mechanics, Inc. 780 Landmark Road +/-3.3 Project Drainage Area Percentage of Impervious Area Willow Spring, NC 27592 -7756 CGIA Land Use Classification Cropland and Pasture Dwight McKinney 252.482.8491 Planting Contractor: Carolina Silvics 908 Indian Trail Road Edenton, NC 27932 Lloyd Glover; 919.422.3392 Seeding Contractor: Land Mechanics, Inc. 780 Landmark Road Willow Spring, NC 27592 -7756 Nursery Stock Suppliers: ArborGen 1.888.888.7158 Baseline Data Collection Axiom Environmental, Inc. Grant Lewis; 919.215.1693 218 Snow Ave. Raleigh, NC 27603 Vegetation Monitoring: Axiom Environmental, Inc. Grant Lewis; 919.215.1693 218 Snow Ave. Raleigh, NC 27603 Table 4: Project Baseline Information & Attributes Table Pancho Bank Parcel — Wayne County, NC Project Information Project Name Pancho County Wayne Project Area (acres) 65.62 Project Coordinates (latitude and longitude) 35.333755° N, - 78.192699° W (NAD 83 /WGS 84) Project Watershed Summary Information Physiographic Province Southeastern Floodplains and Low Terraces & Rolling Coastal Plain River Basin Neuse USGS Hydrologic Unit 8 -digit 03020201 USGS Hydrologic Unit 14- digit 03020201150050 DWQ Sub -basin 03 -04 -06 Project Drainage Area, Total Outfall (miles) +/-3.3 Project Drainage Area Percentage of Impervious Area < 5% CGIA Land Use Classification Cropland and Pasture Pancho Bank Parcel Appendix A: General Figures and Tables As -Built & Baseline Monitoring Report Table 5: Reference Forest Ecosystem Pancho Bank Parcel — Wayne County, NC On Site Observations + Mesic Mixed Hardwood Forest & Coastal Plain Bottom land Hardwoods Canopy Species Understory Species Red maple (Acer rubrum) Red maple (Acer rubrum) River birch (Betula nigra) River birch (Betula nigra) Pecan (Carya illinoinensis) Ironwood (Carpinus caroliniana) American beech (Fagus grandifolia) Coastal sweetpepperbush (Clethra alnifolia) American holly (Ilex opaca) Dogwood (Cornus florida) Sweetgum (Liquidambar styrac flua) Sourwood (Diospyros virginiana) Tulip poplar (Liriodendrum tulipifera) American holly (Ilex opaca) Black gum (Nyssa b flora) Virginia sweetspire (Itea virginica) Water oak (Quercus nigra) Sweetgum (Liquidambar styraciflua) Swamp chestnut oak (Quercus michauxii) Tulip poplar (Liriodendrum tuli ifera) Cherrybark oak (Quercus pagoda) Common sweetleaf (S m locos tinctoria) Willow oak Quercus hellos Winged elm (Ulmus alata) Winged elm (Ulmus alata) Hi hbush blueberry (Vaccinium co mbosum) American elm (Ulmus americans) Pancho Bank Parcel Appendix A: General Figures and Tables As -Built & Baseline Monitoring Report Table 6: Planted Tree Species Pancho Bank Parcel - Wayne County, NC Vegetation Association: Mesic Mixed Hardwood Forest & Coastal Plain Bottomland Hardwoods Total Area (Acres) Total= 48.9 acres 3.6 17.5 27.8 Vegetation Association: Streamside Assemblage Mesic Mixed Hardwood Forest Coastal Plain Bottomland Hardwoods Species Number Planted % of Total Number Planted % of Total Number Planted % of Total River birch (Betula nigra) 1,100 47.8% 1,000 3.02% 2,100 American elderberry (Sambucus canadensis) 2,300 52.2% 2,300 American Beech (Fagus grandifolia) 1,850 5.59% 1,850 Northern red oak (Quercus rubra) 5,800 17.53% 5,800 White oak (Quercus alba) 5,850 17.69% 5,850 Black cherry (Prunus serotina) 5,000 15.12% 5,000 Persimmon (Diospyros virginiana) 5,300 16.02% 5,300 Flowering dogwood (Cornus florida) 2,000 6.05% 2,000 American tulip tree (Liriodendron tulipifera) 1,000 3.02% 1,000 6.91% 2,000 Southern red oak (Quercus falcata var. pagodifolia) 2,800 8.47% 2,800 Florida maple (Acer saccharumsubsp. floridanum) 2,475 7.49% 2,475 Black tupelo (Nyssa sylvatica) 2,800 19.34% 2,800 Swamp chestnut aak (Quercus michauxii) 2,800 19.34% 2,800 Willow oak (Quercus phellos) 2,800 19.34% 2,800 Green Ash (Fraxinus pennsylvanica) 1,850 12.78% 1,850 Bald cypress (Taxodium distichum) 2,000 13.82% 2,000 Bitternut Hickory (Carya cordiformis) 975 6.74% 975 Shagbark hickory (Carya ovate) 250 1.73% 250 Total 3,400 100% 33,075 100% 14,475 100% 50,950 Pancho Bank Parcel Appendix A: General Figures and Tables As -Built & Baseline Monitoring Report Photo 1 Photo 2 Pancho Bank Parcel Appendix A: General Figures and Tables As -Built & Baseline Monitoring Report — December 2013 Photo 3 Photo 4 Pancho Bank Parcel Appendix A: General Figures and Tables As -Built & Baseline Monitoring Report — December 2013 Photo 5 Pancho Bank Parcel Appendix A: General Figures and Tables As -Built & Baseline Monitoring Report — December 2013 Appendix B: Baseline Vegetation Data, CVS Output Table Figure 9 — Planting Plan Table 7 — CVS Baseline Vegetation Data Vegetation Plot Photos 1 -16 Pancho Bank Parcel Appendix B: Baseline Vegetation Data, CVS Output Table As -Built & Baseline Monitoring Report — March 2014 Table 6: Planted Tree Species Panchn Rank Parr.e.l - W.- Crnmty NC Vegetation Association: Mesic Mixed Hardwood Forest & Coastal Plain Bottomland Hardwoods Total Area (Acres) Total= 48.9 acres 3.6 17.5 27.8 Vegetation Association: Streamside Streamside Mesic Mixed Hardwood Forest Coastal Plain Hardwoods Hardwoods Species Number Planted % of Total Number Planted % of Total Number Planted % of Total River birch (Betula nigra) 1,100 47.8% 1 1,000 3.02% 2,100 American elderberry (Sambucus canadensis) 2,300 52.2% 2,300 American Beech (Fagus grandifolia) 1,850 5.59% 1,850 Northern red oak (Quercus rubra) 5,800 17.53% 5,800 White oak (Quercus albs) 5,850 17.69% 5,850 Black cherry (Prunus serotina) 5,000 15..12% 5,000 Persimmon (Diospyros virginiana) 5,300 16.02% 5,300 Flowering dogwood (Cornus florida) 2,000 6.05% 2,000 American tulip tree (Liriodendron mlipifera) 1,000 3.02% 1,000 6.91% 2,000 Southern red oak (Quercus falcata var. pagodifolia) 2,800 8.47% 2,800 Florida maple (Acer saccharumsubsp. floridanum) 2,475 7.49% 2,475 Black tupelo (Nyssa sylvatica) 2,800 19.34% 2,800 Swamp chestnut aak (Quercus michauxii) 2,800 19.34% 2,800 Willow oak (Quercus phellos) 2,800 19.34% 2,800 Green Ash (Fraxinus pennsylvanica) 1,850 12.78% 1,850 Bald cypress (Taxodium distichum) 2,000 13.82% 2,000 Bittemut Hickory (Carya cordiformis) 975 6.74% 975 Shagbark hickory (Carya ovate) 250 1.73% 250 Total 3,400 100% 33,075 100% 14,475 100% 50,950 Leqend Easement Boundary Major Contour Minor Contour Streamside Assemblage - 3.6 ac Coastal Plain Bottomland Hardwood Forest - 27.8 ac (brownwater subtype) Mesic Mixed Hardwood Forest - 17.5 ac Existing Forest (not to be planted) Note: 1.0 Streamside Assemblage extends 15 ft from top of stream banks. .ell �s61 I 95 km I l .Oi ol� 0 0 300 600 x /90 C I SCALE IN FEET Axiom Environmental, Inc. Project: Pancho Nutrient Bank Wayne County North Carolina Title: Planting Plan Scale: FIGURE NO. 1 in =310ft Date: A July 2010 9 Project No.: 10 -010 Table 7: Baseline Veeetation Data: Pancho Nutrient Offset Color for Density Abbreviations for Stem Counts Exceeds requirements by 10% Pnol-S - planted species, no live stakes Exceeds requirements, but by less than 10% P- all planted species Fails to meet requirements, by less than 10% T - Planted and Natural Recruits Fails to meet requirements by more than 10% Current Plot Data (MYO 2013) Annual Means 001 -01 -0001 001 -01 -0002 001 -01 -0003 001 -01 -0004 001 -01 -0005 001 -01 -0006 001 -01 -0007 001 -01 -0008 001 -01 -0009 001 -01 -0010 001 -01 -0011 001 -01 -0012 001 -01 -0013 001 -01 -0014 001 -01 -0015 001 -01 -0016 MYO(2013) Scientific Name Common Name Species Type PnoLS P -all T PnoLS P -all T PnoLS P -all T PnoLS P -all T PnoLS P -all T PnoLS P -all T PnoLS P -all T PnoLS P -all T PnoLS P -all T PnoLS P -all T PnoLS P -all T PnoLS P -all T PnoLS P -all T PnoLS P -all T PnoLS P -all T PnoLS P -all T PnoLS P -all T Acerfloridanum Florida Maple Tree 8 8 8 2 2 2 3 3 3 1 1 1 1 1 1 4 4 4 6 6 6 1 1 1 5 5 5 31 31 31 Acer rubrum red maple Tree 24 3 27 Betula nigra river birch Tree 8 8 8 8 8 8 2 2 2 1 1 1 19 19 19 Carpinus caroliniana American hornbeam Tree 1 1 1 1 1 1 Carya cordiformis bitternut hickory Tree 4 4 4 4 4 4 Carya ovata shagbark hickory Tree 1 1 1 1 1 1 Corpus florida flowering dogwood Tree 2 2 2 2 2 2 1 1 1 1 1 1 3 3 3 9 9 9 Diospyros virginiana common persimmon Tree 1 1 1 1 1 1 2 2 2 6 6 6 7 7 7 1 1 1 4 4 4 22 22 22 Fagus grandifolia American beech Tree 1 1 1 1 1 1 1 1 1 3 3 3 Fraxinus pennsylvanica green ash Tree 5 5 5 1 1 1 3 3 3 4 4 4 1 1 1 1 1 1 15 15 15 Liriodendron tulipifera tuliptree Tree 4 4 4 1 1 1 1 1 1 7 7 7 3 3 3 5 5 5 21 21 21 Nyssa sylvatica blackgum Tree 1 1 1 3 3 3 3 3 3 7 7 7 Prunus serotina black cherry Tree 3 3 3 4 4 4 2 2 2 1 1 1 4 4 4 2 2 2 3 3 3 2 2 2 2 2 2 23 23 23 Quercus alba white oak Tree 1 1 1 1 1 1 2 2 2 1 1 1 2 2 2 1 1 1 7 7 7 5 5 5 2 2 2 22 22 22 Quercus michauxii swamp chestnut oak Tree 6 6 6 4 4 4 4 4 4 7 7 7 3 3 3 24 24 24 Quercus pagoda cherrybark oak Tree 1 1 1 3 3 3 4 4 4 Quercus phellos willow oak Tree 3 3 3 2 2 2 5 5 5 1 1 1 2 2 2 2 2 2 2 2 2 17 17 17 Quercus rubra northern red oak Tree 1 1 1 2 2 2 1 1 1 2 2 2 2 2 2 4 4 4 1 1 1 2 2 2 5 5 5 1 1 1 21 21 21 Taxodium distichum bald cypress Tree 10 10 10 10 10 10 Stem count 11 11 11 15 15 15 10 10 34 16 16 19 18 18 18 18 18 18 18 18 18 7 7 7 5 5 5 11 11 11 29 29 29 29 29 29 20 20 20 23 23 23 13 13 13 11 11 11 254 254 281 size (ares) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16 size (ACRES) 002 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.40 Species count 4 4 4 6 6 6 4 4 5 4 4 5 6 6 6 6 6 6 3 3 3 5 5 5 3 3 3 6 6 6 9 9 9 8 8 8 7 7 7 10 10 10 5 5 5 3 3 3 18 18 19 Stems per ACRE 5.2 445.2 607 1 607 1 607 1404.71404.71 1376 647.5 647.5 768.9 728.4 728.4 728.4 728.4 728.4 728.4 728.4 728.4 728.4 283.3 283.3 1283.31202.31202.3 1202.31445.21445.2 1445.211174 1 1174 1 1174 11174 1 11741 1174 809.4 809.4 809.4 930.8 930.8 930.8 526.1 526.1 526.1 445.2 445.2 445.2 642.4 642.4 710.7 Color for Density Abbreviations for Stem Counts Exceeds requirements by 10% Pnol-S - planted species, no live stakes Exceeds requirements, but by less than 10% P- all planted species Fails to meet requirements, by less than 10% T - Planted and Natural Recruits Fails to meet requirements by more than 10% Veg Plot 4 Veg Plot 7 Photo not available Veg Plot 8 ;: Veg Plot 13 Veg Plot 1 5 Veg Plot 16 Appendix C: NC DWR Stream Determination Pancho Bank Parcel Appendix C: NC DWR Stream Determination As -Built & Baseline Monitoring Report — March 2014 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Acting Director Secretary June 20, 2013 Restoration Systems, LLC. Attn: Mr. Raymond Holz 1101 Haynes Street, Suite 211 Raleigh, NC 27604 DWQ # 10 -0099 V3 Pitt County Subject Property: Pancho Nutrient and Riparian Buffer Bank Parcel UTs to Kennedy Mill Branch and Kennedy Mill Branch, Neuse River Basin On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) Dear Mr. Holz: On June 18, 2013, at your request Anthony Scarbraugh conducted an on -site determinations to review unnamed tributaries (UTs) to Kennedy Mill Branch and Kennedy Mill Branch located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as "2010 -0099 V3A, 2010 -0099 V3B, 2010 -0099 V3C, and 2010 -0099 V3D" on the attached maps initialed by Mr. Scarbraugh on June 20, 2013. The project is at 4439 Stevens Mill Road in Wayne County. At your request, Mr. Scarbraugh conducted on -site determinations as stated above. During his review, he evaluated the features using the DWQ Stream Classification Form. He evaluated the stream reach 2010 -0099 V3A at N 35.33607, W 78.19479 and calculated the score to be 19.25 points. He evaluated the stream reach 2010 -0099 V3B at N 35.33224, W 78.19158 and calculated the score to be 19.25 points. He evaluated the stream reach 2010 -0099 V3C at N 35.33088, W 78.18957 and calculated the score to be 41 points. He evaluated the stream reach 2010 -0099 V3D at N 35.33171, W 78.18800 and calculated the score to be 35 points. The form states that if the score is "greater than or equal to 19 points the stream is at least intermittent". The Division of Water Quality (DWQ) has determined that the portions of the features labeled as "2010 -0099 V3A, 2010 -0099 V3B, 2010 -0099 V3C, and 2010 -0099 V3D" on the attached maps, and highlighted in blue are subject to the Neuse Buffer Rules. The portion of feature labeled "13 -0529 A" that is circled and highlighted in red is not subject to the Tar - Pamlico Buffer Rules. The feature and its associated buffers should be identified on any future plans for this property. The owner (or future owners) should notify the DWQ (and other relevant agencies) of this decision in any future North Carolina Division of Water Quality 943 Washington Square Mall Washington, NC 27889 Phone: 252 - 946 -64811 FAX: 252 - 946 -9215 Internet www rimateraualitv.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Naturally Page 2 of 2 correspondences concerning this property. This on -site determination shall expire five (5) years from the date of this letter. The owner (or future owners) should notify the DWQ (and other relevant agencies) of this decision in any future correspondences concerning this property. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Karen Higgins, 1650 Mail Service Center, Raleigh, NC 27699 -1650. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60 -day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any additional questions or require additional information please call Anthony Scarbraugh in the Washington Regional Office at (252) 948 -3924. Sincerely, Ci " (2&241,W For Tom Reeder Attachments: USGS Topographic 1:24,000 Quadrangle Map "Grantham" copy of page, 1974 version of Wayne County Soil Survey cc: Katie Merritt - DWQ Webscape Unit File Copy Filename 10 -0099 V3 Copyright (C) 1998, Maptech, Inc. v ;YiJE C' UNIT ' NORFH CIARC North Carolina •- Management Gommis� ion Division of Water Quality For. __,L /ouk% ,,,Basin &,ffer Date OuAtE ya 20—Lz, Reviewed by I�7 0� c CREEK < Ch Ch Ch e. P',� Kn /. Ch k Js 1a aD.. , II KaE' „ ' KaE �.. _ Jo K a� . � � Tr :KaD � YaC �' — Tr ( Tr b_ - y co \ Tr KaD Ke WaB K Bb \D Tr Wag Ke WaB � aD RuA o 1Nr82 Ke KaD \ O ---_ — WaC Bb Z WaB - - + aB Tr I WaB Tr d� b Tr + r K.Ey o No ( K ILn N C� ` No. We } Ke i �J Ke WaB Tr Bb \ CrC2 ^; Tr Go 0 � ; KaD KaE RuA .:, ( 2 x Ra . Ke NoH r Tr N�...�� -... Wa a Bb a Ke Tr aD Bb KaD W NoA y `t* Wa8 Tr �. Bb oC Tr 1 Tr No WaB NoC� Wa8 � a ;9 NoC NoA Ke Tr G I Bbl Ke J! / Q Ya Wa aC Wa / s ' WaD �Wa \ I Tr J CrC2 ` " . . NrB2 WaB Go'l Z WaE Ke Tr C Tr We N Ke b Ke (Dr Tr _ Ke L NoA C Dr Ra II k�- NoA NoA �.. -. aD II Tr Ke Ke Ly a ~ WaB tr k( Rif% Ke Dr) z \ Tr Go Ra J We Go �.... Bb Ke \�\\ We Go � NoA . �I! 1 Ke oA Ra N NoA . Go t He Nab NOB We Ra + No@ a �y Go i � " "NoA We Ng`2a Ra / .. \ ^` NoA LY I Ke +d oB CRa N,- , WaB Go NoA We NoA WaB 1NoA Go NoC•_ NQA Ly We N WaC ,5r NoA Ra Wei r ' NoA 2 \, We Bb a NoA Ly _ Bb Appendix D: Conservation Easement Pancho Bank Parcel Appendix D: Conservation Easement As -Built & Baseline Monitoring Report — March 2014 69H2923 PAGE 198 1 1111111111111111IIIIIIIUIIIINIIIIfl11111111111111IIIIillllllllllllllll llllil Doc ID : 010$99220005 TVDe: CRP AJ' � Recorded; 04/i9/2012 at 02:34:08 PM AJ'E, X IlIl��'' Fee Amt: s2e.05 Pepe i of 7110 WAYNE COUNTY. NC IRIS J MOORINO REGISTER OF DEEOS OK2923P(198 -205 -B Prepared by and return to: William P. Aycock Il, Attorney Aycock & Aycock PLLC 301 N. Elm Street, Suite 400 Greensboro, NC 27401 STATE OF NORTH CAROLINA PERMANENT CONSERVATION EASEMENT COUNTY OF WAYNE THIS PERMANENT CONSERVATION EASEMENT ( "Conservation Easement ") made this Lkt day of r- + I , 2012 by and between PANCHO MITIGATION COMPANY, LLC, a North Carolina limited liability company ( "Grantor") and RESTORATION SYSTEMS, LLC, a North Carolina limited liability company ( "Grantee "). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. RECITALS WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Grantham Township, Wayne County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein ( "Property "); and WHEREAS, Grantor and Grantee desire to facilitate the establishment of an environmental mitigation bank on the Property as more particularly described herein; and WHEREAS, Grantee agrees that it shall cause the appropriate environmental mitigation and restoration to be accomplished on the Property as more particularly set forth herein and, upon completion of such restoration and mitigation, Grantee will assign this Conservation Easement to a non -profit corporation or trust whose purpose is the 6 /i'd 86t76SSZ6Z6T :01 Z8068116Z6 :WOdA 82:8Z 2202- 08 -JdU HE2923PACE199 conservation of property and which is qualified to be the grantee of a conservation easme ent pursuant to N.C. Gen. Stat. §121-34 et. sew[ and Internal Revenue Code §170(h); and WHEREAS, the Property subject to this Conservation Easement has been divided into two (2) parcels as follows: the "Pancho Bank Parcel" containing 10.48 +/- acres to be utilized to provide nutrient offsets within the Neuse River Basin HUC 030202; and the "Wetland and Stream Bank Parcel" containing 55 +/- acres to provide stream and wetlands mitigation; and WHEREAS, both the Pancho Bank Parcel (nutrient offset area) and the Wetland and Stream Bank Parcel (compensatory mitigation area) are identified on Exhibit A attached hereto and incorporated herein by reference and on the Map of Record; and PC-N .5 L- 76F -1 WHEREAS, the preservation of the Pancho Bank Parcel is required and governed by Grantee's Neuse River Basin Riparian Buffer and Nutrient Mitigation Umbrella Banking Instrument ( "Nutrient Mitigation Banking Instrument ") on file with the North Carolina Division of Water Quality ( "DWQ "); and WHEREAS, the preservation of the Property is required by a Mitigation Banking Instrument for the Pancho Stream and Wetland Mitigation Bank, Department of the Army Action ID Number SAW - 2010 - 00142. The Mitigation Bank is intended to be used to compensate for unavoidable stream and wetland impacts authorized by permits issued by the Department of the .Army. Grantor and Grantee agree that third -party rights of enforcement shall be held by the U.S. Army Corps of Engineers, Wilmington District (Corps, to include any successor agencies), and that these rights are in addition to, and do not limit, the rights of parties to the Mitigation Banking instrument. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Property described on Exhibit A, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. This conservation Easement is an easement in grass, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees. 2 618'd 8GtIGGGLGTGT =01 L8068LL6T6 :W0dJ 22:2T ZTOZ- OZ -ddU GGGK2923 PAGE200 ARTICLE 1I. PROHIBITED AND RESTRIC'T'ED ACTIVITIES Any activity on, or use of, the Property inconsistent with the purpose of this Conservation Easement is prohibited, The Property shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Property. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural features of the Property or any introduction of non - native plants and/or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Property. C. Industrial Commercial and Residential Use. Industrial, residential and/or commercial activities, including any right of passage for such purposes are prohibited. D. A 'cultural Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Property are prohibited. E. Vegetation. There shall be no removal, buming, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation on the Property. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the property; nor enlargement or modification to existing roads, trails or walkways. G. SignM. No signs shall be permitted on or over the Property, except the posting of no trespassing signs, signs identifying the conservation values of the Property, signs giving directions or proscribing rules and regulations for the use of the Property and/or signs identifying the Grantor as owner of the property. H. PLining or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Property is prohibited. 1. Excavation Dredging or Minerat Use. There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner on the Property, except to restore natural topography or drainage patterns. 3 6f2'd 26b6SSL6T6T :0i L8068LL6T6 :WMJJ 22 :2T 2T08- 08 -ddd lUh2923 nb6E201 J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Ri ts. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all- terrain vehicles, cars and trucks is prohibited. M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become inconsistent with the purposes of this grant, the preservation of the Property substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III GRANTOR'S RESERVED RIGHTS The Grantor expressly reserves for itself, and its successors or assigns, the right to continue the use of the property for all purposes not inconsistent with this' Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, the right to hunt, fish, and hike on the Property, the right to sell, transfer, gift or otherwise convey the Property, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this Conservation Easement. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors and assigns, the right to construct wetland and stream mitigation on the Property, in accordance with the detailed mitigation plan approved in accordance with the Mitigation Buddng Instrument. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, and the Corps and DWQ shall have the right to enter the Property at all reasonable times for the purpose of inspecting the Property to determine if the Grantor, or its successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee shall also have the right to enter and go upon the Property for purposes of making scientific or educational observations and studies, and taking samples. The easement rights granted herein do not include public access rights. 4 6•b'd 26b6SSZ6T6T :01 L8068216TG :WOdJ 22 :2T 2T02- 08 -6dU 00OK2923 PA01202 ARTICLE V ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Easement, Grantee is allowed to prevent any activity on or use of the Property that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Property that may be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction or restoration, including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. The Corps shall have the same right to enforce the terms and conditions of this easement as the Grantee. B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or de fault. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Property resulting from such causes. ARTICLE VI MISCELLANEOUS A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Easement, and that Grantor will warrant and defend title to the Property against the claims of all persons. 5 6.S'd 2606SSL6T6T;01 L8068LL6T6 :WoaA b2:2T ZTOZ- 02-adu BUBK 2 9 2 3 PAPOE2 0 3 B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any sterest in all or a portion of the Property. The Grantor agrees to _provide written notice of such transfer at least sixty (60) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof and shall not be amended, modified or terminated without the prior written consent and approval of the Corps and DWQ. C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121 -34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. Entire Ageement and Severability. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. E. Obligations of Ownershi . Grantor is responsible for any real, estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regul ations and permits that may apply to the exercise of the Reserved Rights, F. Extin ishment. In the event that changed conditions render impossible the continued use of the Property for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. G. Eminent Domain. Whenever all or part of the Property is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damages due to the taking. H. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of this Property is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement. The parties stipulate that the fair market value of this Conservation Easement shall be determined by multiplying the fair market value of the Property unencumbered by this Conservation Easement (minus any increase in value after the date of this grant attributable to A 6/9'd 26b6SSZ6T6T :01 2-806aZ -6% !WO�JJ bF-:2T 2T02- 02-dda 80OK2923 PAGE204 improvements) by the ratio of the value of this easement at the time of this grant to the value of the Property (without deduction for the value of this Conservation Easement) at the time of this grant. The values at the time of this grant shall be the values used, or which would have been used, to calculate a deduction for federal income tax purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement. I. Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph): To Grantor: Pancho Mitigation Company, LLC 1101 Haynes Street, Suite 211 Raleigh, North Carolina 27604 To Grantee: Restoration Systems, LLC 1101 Haynes Stree% Suite 211 Raleigh, North Carolina 27604 To the Corps: Regulatory Project Manager Washington Regulatory Field Office U.S. Army Corps of Engineers — Wilmington District 2407 West Fifth Street Post Office Box 1000 Washington, NC 27889 -1000 J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee's interest shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. K. Amendment. This Conservation Easement may be amended, but only in a writing signed by all patties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. L. Present Condition of the Property. The wetlands, scenic, resource, environmental, and other natural characteristics of the Property, and its current use and rJ 6fZ'd 26b6SS1L6T6T :01 Z8068Z16T6 :WOaJ S2:2T 2T00 -02-add B02923 PAGE205 state of improvement, are described in Section 5, Appendix A- Mitigation Plan of the Mitigation Banking Instrument, dated April 12, 2012, prepared by Grantor and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee have copies of this report. It will be used by the parties to assure that any future changes in the use of the Property will be consistent with the terms of this Conservation Easement. However, this report is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. GRANTOR: Panc7gati any, LLC By: Man GRANTEE: Restar on S ter , L C By: Man r D 6/8'd 26b6SSL6T6T:01 L8068216T6 :WOdJ 92:2T 2TQ2- 02 -ddd GGGK 2 9 2 3 PAGE 2 0 5 —A STATE OF NORTH CAROLINA COUNTY OF A d i a I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: 3011-1v, � -I kkwtc>'[Q - -IrL WITNESS my hand and official seal, this da 2012. of { i� 't1M8itt11�0�, Notary's CiffleTal Signature (official Seal) STATE OF NORTH CAROLINA COUNTY OF Notary's Printed or Typed Name ZS_ My Commission Expires:" 2b(� r` �! I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: �d 4, Frew rr WITNESS my hand and Official seal, this 1E ` day of 2012. (Official Seal) `0111tltt0, . *%�`404 AC :cl, 14. 'J"%vo Notary's Oleial Signature Notary's Printed or Typed Name My Commission Expires E 6/6'd 26b6SSZ6TGT :01 40060ZZ6T6 S- 2f -2.oSs Wod3 92:2T 2102- 02 -adu Appendix E: Financial Assurance Pancho Bank Parcel Appendix E: Financial Assurance As -Built & Baseline Monitoring Report — March 2014 The Hartford Monitoring Bond Bond No. 22BSBGQ8686 Bond, T-4 One Hartford Plaza Hartford, Connecticut 06155 KNOW ALL MEN BY THESE PRESENTS, that we, Restoration Systems, LLC, as Principal, and Hartford Fire Insurance Company, licensed to do business in the State of, NC as Surety, are held and firmly bound unto North Carolina Department of Environment and Natural Resources — Division of Water Resources (Obligee), in the penal sum of One Hundred—Fifty Thousand and 001100 Dollars ($150,000.00), lawful money of the United States of America, for the payment of which sum, well and truly to be made, the Principal and Surety do bind themselves, their heirs, executors, administrators, and successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into certain written Contract for the Neuse Riparian Buffer and Nutrient Mitigation Umbrella Banking Instrument with the above named Obligee, effective the 14th day of January, 2014 for Hydrologic Unit Code (HUC) 03020201 and more fully described in said Umbrella Banking Instrument (UMBI), a copy of which is attached, which Agreement is made a part hereof and incorporated herein by reference, except that nothing said therein shall alter, enlarge, expand or otherwise modify the term of the bond as set out below. NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully perform the Contract, according to the terms, stipulations or conditions thereof, then this obligation shall become null and void, otherwise to remain in full force and effect subject to the following: Notwithstanding the provisions of the Contract, the term of this bond be from January 14, 2014 to January 14, 2015 and may be extended annually by the Surety via issuance of a replacement bond. However, neither nonrenewal by the Surety, nor the failure or inability of the Principal to file a replacement bond, shall itself constitute a loss to the Obligee recoverable under this bond or any renewal or continuation thereof The liability of the Surety under this bond or any continuation certificates issued in connection therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond or any additions, rider, or endorsements properly issued by the Surety as supplements thereto. Sealed with our seals and dated this 14th day of January, 2014. Witness Witness Agreed and acknowledged this _ day of , 2014 By Obligee Restoration Systems, LLC "oe Principal HARTFORD FIRE INSURANCE COMPANY Ke neth J. P ples, Attorney-6-Fact Direct Inquiries /Claims to: POWER OF ATTORNEY THE HARTFORD BOND, T-4 One Hartford Plaza Hartford, Connecticut 06155 call. 888 - 266 -3488 or fax: 860 - 757 -5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 22- 270197 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois 0 Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana 0 Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies ") do hereby make, constitute and appoint, up to the amount of unlimited. Laura Krosky, Sandra B. Byrum, Southgate Jones 111, Angela B. Britt, James P. Carter 11, Phoebe Honeycutt, Kenneth J. Peeples, Kitara A. Smith, Heather L. Kennedy, Neil B. Biller, Bobbi D. Pendleton of Durham, NC their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Ills q �Mr� r���Wrq•ue s a �O�r �r L r�, ow �`•'� '� �•� 1 1867 •r. E ► f'a7 ,R-r r rO3� qs i �I�,i = •~ M �a�rnra�`!w ••o1N1► 197 '3 K. �,'.r + . •l• E ":�., �` � s� 7479 * * '�+�.t� ' �jl�.i 1���+ • fi '`"^w rtir.ori •� ;.r•.� ��Y;.�ied' 1-k W. ax,,C 3- Wesley W. Cowling, Assistant Secretary STATE OF CONNECTICUT 5s, Hartford COUNTY OF HARTFORD M. Ross Fisher, Assistant Vice President On this 3rd day of March, 2008, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. R Scutt E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2012 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and fore oing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of - Signed and sealed at the City of Hartford. ' 0§,. 4ptrs ®r� 9:`1987 >a • ,• " �p. �7` '� .• 4• {'� .t.,�.t..79+fra �t�..f.� 7949 rr'.�� R'.! i4u•ari n•r �;,��• Ttlol ' (� Gary W. Stumper, Assistant Vice President Appendix F: Additional Site Photos Pancho Bank Parcel Appendix F: Additional Site Photos As -Built & Baseline Monitoring Report — March 2014 Pancho Nutrient Bank — Kennedy Mill Branch r _ s LµyY -e*..l Y � i, �` .�diS .. r Y.. -.•* 4 >f8 c..`T .•. r'T ,d�:{ -.e. Wxff - -'; 6 _ s LµyY -e*..l Y � i, �` .�diS .. r Y.. -.•* 4 >f8 c..`T .•. r'T ,d�:{ -.e. 02 -16 -2014 Photo 1 Pancho Nutrient Bank — Kennedy Mill Branch 14� , Q�WNILS Ri - 1�� 1 e ti• � - eu - yt Y 1 y � Y Lzv 02 -16 -2014 Photo 2 Pancho Nutrient Bank — Kennedy Mill Branch 4 �,. T It, fit r 4- t `i •� f 3+21. ';y;. ", r+ q�q � � jcr✓ss:� ti+4'. R • Yt Orange Flags are tied to planted bare root saplings hlr 02 -16 -2014 Photo 3 Pancho Nutrient Bank — Kennedy Mill Branch 02-16-2014 Photo 4 _7V -'*P- AN A .4w ' 416 Planted individual bare root sapling tip h ;f