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HomeMy WebLinkAbout20201091 Ver 2_Task 1_ShadyGrove_MY0_Credit Release Request_20230621ID#* 20201091 Version* 2 Select Reviewer: Katie Merritt Initial Review Completed Date 06/21/2023 Mitigation Project Submittal - 6/21/2023 Is this a Prospectus, Technical Proposal or a New Site?* Yes No Type of Mitigation Project:* Stream Wetlands Buffer Nutrient Offset (Select all that apply) Project Contact Information Contact Name: * Email Address: Emily Ulman eulman@res.us Project Information ID#: * 20201091 Version:* 2 Existing ID# Existing Version Project Type: DMS Mitigation Bank Project Name: Shady Grove County: Wayne Document Information Mitigation Document Type:* Mitigation As -Built Plans File Upload: Task 1_ShadyGrove_MYO_Credit Release 5.92M6 Request.pdf Please upload only one PDF of the complete file that needs to be submitted... Signature Print Name:* Emily Ulman Signature: * 3600 Glenwood Avenue, Suite 100 Raleigh, NC 27612 Corporate Headquarters 6575 West Loop South, Suite 300 Bellaire, TX 77401 Main: 713.520.5400 June 12, 2023 CREDIT RELEASE REQUEST FORM To: NCDEQ-DWR Nutrient Offset and Buffer Banking Coordinator From: Jamey McEachran, jmceachran@res.us, (919) 623-9889 Through: Environmental Banc and Exchange, LLC (EBX) We formally request a credit release for the Shady Grove Riparian Buffer and Nutrient Offset Mitigation Site (DWR Project # 2020-1091v2) for completion of Task #1: Instrument and BPDP Approved by DWR, Conservation Easement Recorded, and Financial Assurance Posted per the approved credit release schedule, which is included in the Attachments with this request. The following documents have been submitted to DWR for Task #1: 1)BPDP Approval, 2) Conservation Easement Recorded (and Plat), 3) Title Commitment, 4) Credit Release Schedule (PDF from Approved UMBI and Excel), 5) Table 7 (Project Credit Table with Credits derived from As-Built survey numbers), 6) Bond Pending Signature for Construction (#612402539) Penal Sum $150,000, and 7) Sealed As-Built Survey Credits requested for release are detailed below: Credit Type % Release Credit Amount (Include Units) Notes/Comments Buffer Restoration 20 5,941.400 Buffer Preservation 20 396.080 Generated Nitrogen Nutrient Offset 20 5,788.570 Signature: Attachments: 1) BPDP Approval, 2) Conservation Easement Recorded (and Plat), 3) Title Commitment, 4) Credit Release Schedule (PDF from Approved UMBI and Excel), 5) Table 7 (Project Credit Table with Credits derived from As-Built survey numbers), 6) Bond Pending Signature for Construction (#612402539) Penal Sum $150,000, and 7) Sealed As-Built Survey North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 919.707.9000 February 21, 2023 Environmental Banc & Exchange, LLC Attn: Jamey Mceachran (via electronic mail: jmceachran@res.us ) Re: BPDP Approval Dear Ms. Mceachran, The Division of Water Resources (DWR) received a draft Bank Parcel Development Package (BPDP) for the Shady Grove Site (Site) in 2022, for review and approval under the terms and conditions of the RES 2021 Neuse Umbrella Mitigation Banking Instrument (DWR ID# 2020- 1149v2) which was made and entered into by Environmental Banc & Exchange, LLC acting as the Bank Sponsor, and the DWR on November 30, 2021. DWR reviewed the BPDP and provided comments and recommendations. DWR received a revised BPDP that addressed all comments and recommendations. The table below summarizes the timeline of the BPDP: Project Site Name DWR Project ID # Initial Draft Received Revised Draft Received (Final Draft) Public Notice Date Shady Grove BPDP 2020-1091v2 July 8, 2022 February 2, 2023 February 2, 2023 The closing date for the public notice was February 17, 2023. DWR received no comments regarding the subject BPDP. This document is now approved and can be found online at the following links: Shady Grove BPDP: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?id=2588411&dbid=0&repo=WaterResources Please feel free to call me at (919) 500-0683 if you have any questions regarding this correspondence. Sincerely, Katie Merritt 401 & Buffer Permitting Branch cc: DWR File Copy (Katie Merritt) Type: CRP Recorded: 5/9/2023 10:42:20 AM Fee Amt: $30.00 Page 1 of 16 WAYNE COUNTY, NC CONSTANCE B. CORAM REGISTER OF DEEDS BK 3818 PG 476 - 491 This instrument prepared by, Kennon Craver, PLLC, a licensed North Carolina attorney. Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceedings. PERMANENT CONSERVATION EASEMENT Excise Tax: $ d c:v ( Xernp� r -t I U C l l q 6 (a), Parcel Identifier No.: 2563-66-2469 Prepared by and return after recording to: RES, c/o Stephen Colomb, 6575 West Loop South, Suite 300, Bellaire, TX 77401 Brief description for the Index: 19.829 (+/-) acre Conservation Easement in Wayne County, NC THIS CONSERVATION EASEMENT ("Conservation Easement") made this day of 2023 by and between Douglas Allen Jernigan and Aileen K. Jernigan,w ose mailing address is 781 Thunder Swamp Road, Mount Olive, NC 28365 ("Grantor") and Colonel Land, LLC, a Delaware limited liability company, whose mailing address is 6575 West Loop South, Suite 300, Bellaire, TX 77401("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 Wayne County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein (the "Property"); WHEREAS, Grantee is a charitable, not -for -profit or educational corporation, association, or trust qualified under § 501(c)(3) and § 170 (h) of the Internal Revenue Code, and N.C. Gen. Stat. § 121-34 et seq., the purposes or powers of which include one or more of the purposes (a) — (d) listed below; submitted electronically by "Kennon Craver, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Wayne County Register of Deeds. (a) retaining or protecting natural, scenic, or open -space aspects of real property; (b) ensuring the availability of real property for recreational, educational, or open -space use; (c) protecting natural resources; (d) maintaining or enhancing air or water quality. WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the property in its natural state, which includes the following natural communities: riparian buffers. The purpose of this Conservation Easement is to maintain streams, wetlands and riparian resources and other natural values of approximately 19.829 acres, more or less, and being more particularly described in Exhibit B attached hereto and incorporated fully herein by reference (the "Conservation Easement Area"), and prevent the use or development of the Conservation Easement Area for any purposeor in any mannerthat would conflict with the maintenance of its natural condition. WHEREAS, the restoration, enhancement and preservation of the Conservation Easement Area is also a condition of the approval of the RES 2021 Neuse Umbrella Mitigation Banking Instrument ("UMBI"), North Carolina Division of Water Resources ("NCDWR") Project ID# 2020-1149v2, and Bank Parcel Develop m ent Package ("BPDP") for the Shady Grove Riparian Buffer and Nutrient Offset Mitigation Bank, NCDWR Project ID# 2020-1091v2, which was approved by the NCDWR, and will be made and entered into by and between Environmental Banc & Exchange, LLC ("EBX"), acting as the Bank Sponsor ("Bank Sponsor"), and the NCDWR. The Shady Grove Riparian Buffer and Nutrient Offset Site is intended to be used tocompensate for riparian buffer and nutrient impacts to surface waters. WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by the Bank Sponsor and the NCDWR ("Third -Parties") and may be exercised through the appropriate enforcement agency of the State of North Carolina, and that these rights are in addition to, and do not limit, the rights of enforcement under the NCDWR Project ID# 2020-1149v2 or any permit or certification issued by the Third - Parties. 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 Conservation Easement Area described on Exhibit B, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Conservation Easement Area inconsistent with the purpose of this Conservation Easement is prohibited. The Conservation Easement Area shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Conservation Easement Area. Without limitingthe generality ofthe foregoing, the following activities anduses 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 Conservation Easement Area 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 Conservation Easement Area. C. Industrial Commercial and Residential Use. Industrial, residential and/or commercial activities, including any rights of passage for such purposes are prohibited. D. Agricultural. Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Conservation Easement Area are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation in the Conservation Easement Area except as provided in the BPDP. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or volunteer trees and shrubs approved in the BPDP is allowable oncea year for no more than five consecutive years from the date on page 1 of this Conservation Easement, except where mowing will negatively impact vegetation or disturb soils. Mowing activities shall only be performed by the Bank Sponsor and shall not violate any part of Item L of Article II. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the Conservation Easement Area; nor enlargement or modification to existing roads, trails or walkways. G. Signaee. No signs shall be permitted on or over the Conservation Easement Area, except the posting of no trespassing signs, signs identifying the conservation values of the Conservation Easement Area, signs giving directions or proscribing rules and regulations for the use of the Conservation Easement Area and/or signs identifying the Grantor as owner of the Conservation Easement Area. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Conservation Easement Area is prohibited. I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner on the Conservation Easement Area, except to restore natural topography or drainage patterns. J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights., i hts. 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 other than for temporary or occasional access by the Grantee and the Third -Parties, and their employees and agents, successors, and assigns for purposes of constructing, maintaining, and monitoring the restoration, enhancement and preservation of riparian areas within the Conservation Easement Area. M. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Area which is or may become inconsistent with the purposes of this grant, the preservation of the Conservation Easement Area 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 himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the Conservation Easement Area for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement Area, 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, including EBX acting as the Bank Sponsor, the right to construct and perform activities related to the restoration, enhancement, and preservation of riparian areas within the Conservation Easement Area in accordance with the approved BPDP, and the UMBI described in the Recitals of this Conservation Easement. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns and the Third -Parties, shall have the right to enter the Property in the locations labeled "Access to Conservation Easement Area from Thunder Swamp Road" and "30' Wide Access Area" on that certain plat recorded in Plat Book P , Page1ML Pand the right to enter the Conservation Easement Areaat all reasonable times for the purpose of inspecting the Conservation Easement Area to determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee and its authorized representatives, successors and assigns and the Third -Parties shall also have the right to enter and go upon the Conservation Easement Area for purposes of making scientific or educational observations and studies, and taking samples. The easement rights granted herein do not include public access rights. ARTICLE V ENFORCEMENTAND REMEDIES A. To accomplish the purposes of this Easement, Grantee, and the Third - Parties are allowed to prevent any activity on or use of the Conservation Easement Area that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Conservation Easement Area 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 terms 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 Third -Parties shall have the same rights and privileges as the said Grantee to enforce the terms and conditions of this Conservation easement. 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 ofa subsequent breach or default. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Conservation Easement Area 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 Conservation Easement Area 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. _ B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Conservation Easement Area. 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 Conservation Easement Area or any portion thereof and shall not be amended, modified or terminated without the prior written consent and approval of the NCDWR. 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 pursuant to 33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34 et seq. and § 501(c)(3) and § 170 (h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. Entire Agreement and Severability. The UMBI with corresponding BPDP, and this Conservation Easement sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be void or unenforceable by a court of competent jurisdiction,the remainder shall continue in full force and effect. E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation tocomply with federal, state or local laws, regulations and permits that may apply to theexercise of the Reserved Rights. F. Long -Term Management. If livestock operations will be maintained on the property, Grantor is responsible for all long-term management activities associated with fencing, if and where applicable, to ensure livestock do not have access to the Conservation Easement Area. These activities include the maintenance and/or replacement of fence structures, as deemednecessary by the Grantee, to ensure the aquatic resource functions within the boundaries of the Protected Property are sustained. G. Extinguishment. In the event that changed conditions render impossible the continued use of the Conservation Easement Area for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. H. Eminent Domain. Whenever all or part of the Conservation Easement Area 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 inappropriate 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. I. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of the Conservation Easement Area is sold, exchanged, or involuntarily converted following an extinguishment orthe exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement as determined at the time of the extinguishment or condemnation. J. 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: Douglas Allen Jernigan Aileen K. Jernigan 781 Thunder Swamp Road Mount Olive, NC 28365 To Grantee: Colonel Land, LLC 6575 West Loop South, Suite 300 Bellaire, TX 77401 To Sponsor: Environmental Banc & Exchange, LLC 6575 West Loop South, Suite 300 Bellaire, TX 77401 ToNCDEQ -DWR: NCDEQ—Division of Water Resources 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1601 K. 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. L. Amendment. This Conservation Easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. M. Present Condition of the Conservation Easement Area. The wetlands, scenic, resource, environmental, and other natural characteristics of the Conservation Easement Area, and its current use and state of improvement, are described in Section 2 of the BPDP, prepared by Bank Sponsor 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 Conservation Easement Area will be consistent withthe 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 Conservation Easement Area if there is a controversy over its use. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee forthe aforesaid purposes. [SIGNATURE PAGES TO FOLLOW] IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day and year first above written. GRANTEE: Colonel Land, LLC a Delaware limited liability company Name"' VIRGINIA COUNTY OF CC%i O; 1�;c1�n.onc� I, a Notary Public in and for the County and State aforesaid, do hereby certify that -$'enn;k,ef- personally appeared before me this day and acknowledged that he/she is the Awl��Dc y-*A Colonel Land, LLC, a Delaware limited liability company, and that by authority duly given, and as the act of the Grantee, he/she signed the foregoing instrument in its name, on its behalf and as its act and deed for the purposes stated herein. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the I day of m 2023. a Signature of ota ublic Printed Name of doiary Public My commission expires: 0 1131 1 p.s IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the dayand year first above written. GRANTOR: (SEAL) NORTH CAROLINA COUNTY OF WAIN t I, W'i It ic.. A UcvGS , a Notary Public in and for the County and State aforesaid, do hereby certify that Douglas Allen Jernigan, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS, WHEREOF, I have hereunto set my hand and Notary Seal this the S day of .2023. WILLIAM A JAMES Notary Public, North Carolina [SEAL] Wake County My Commission Expires November04, 2023 Signature of Not*y Public Witte.— A A-3 Printed Name of Notary Public My commission expires: [[ `i 2023 IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the dayand year first above written. GRANTOR: (SEAL) Aileen K. Jernigan NORTH CAROLINA COUNTY OF W A'yN I, Wx tVt,- h a&&-6 , a Notary Public in and for the County and State aforesaid, do hereby certify that Aileen K. Jernigan, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS, WHEREOF, I have hereunto set my hand and Notary Seal this the Sµday of M lr" , 2023. WILLIAM A JAMES Notary Public, North Carolina Wake County EAQAy Commission Expires November04, 2023 4j,;(4- 4 d===-::: Signature of Notalk Public Printed Name of Notary Public My commission expires: tI it' ( 2o2) EXHIBIT A Legal Description of the Property BEING 150.287 acres, more or less, tract or parcel of real property situated in Wayne County, North Carolina, being identified by the PIN number 2563662469, and more particularly described in deeds recorded in Book 2832, Page 255, of the Wayne County Registry, North Carolina. EXHIBIT B Conservation Easement Area BEING THAT 19.829 ACRE AREA, AS SHOWN ON PLAT OF SURVEY ENTITLED "CONSERVATION EASEMENTSURVEY, OWNERS DOUGLAS ALLEN JERNIGAN AND AILEEN KJERNIGAN, PIN 2563-66- 2469, PREPARED FOR ENVIRONMENTAL BANC & EXCHANGE, LLC, "PROJECT NAME: SHADY GROVE", PROJECT: 21-02-11, MAP: 6/6/2022, PREPARED BY CHRISTOPHER L COLE, PLS NUMBER L-5008, AND RECORDED IN THE WAYNE COUNTY REGISTER OF DEEDS OFFICE Al' PLAT BOOK AT PAGE 814 ' (THE "SURVEY"), AND BEING FURTHER DESCRIBED AS FOLLOWS: }� Pk* rccbr� �n I�laf 13W6 ►�, i�c� Fq-A CONSERVATION EASEMENT'T' PARCEL IDENTIFICAITON NUMBER PIN 2563662469 294,821 S.F. +/- 6.768 AC. A PERMANENT CONSERVATION EASEMENT OVER A PORTION OF LAND IN BROGDON TOWNSHIP, WAYNE COUNTY, NORTH CAROLINA AS SHOWN ON A SURVEY PREPARED BY ASCENSION LAND SURVEYING WITH A PROJECT NUMBER OF 21-02-11 DATED �� $. &CO"j , 2023 AND BEING RECORDED IN PLAT BOOK P . PAGE $Y- Q WITH THE WAYNE COUNTY REGISTER OF DEEDS OFFICE AND BEING ON THE LAND OWNED BY (NOW OR FORMERLY) DOUGLAS ALLEN JERNIGAN AND AILEEN K JERNIGAN. BEGINNING AT A #4 REBAR BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT DESCRIBED HEREIN; THENCE S 26°02'32" E 105.58" TO A #4 REBAR; THENCE S 07052'26" W 39.91' TO A #4 REBAR; THENCE S 43°10'51"W 46.96' TO A #4 REBAR; THENCE S 11'28'21" W 40.48' TO A #4 REBAR; THENCE S 30'58'50" E 108.55' TO A #4 REBAR; THENCE S 04"05'51" E 121.41' TO A #4 REBAR; THENCE S 64'24'20" W 175.16' TO A #4 REBAR; THENCE S 02°46'31" W 67.89' TO A #4 REBAR; THENCE S 17°43'19" W 190.90' TO A #4 REBAR; THENCE S 63"45'59" W 738.89' TO A #4 REBAR BEING IN THE EASTERN RIGHT OF WAY LINE OF THE 100' CAROLINA POWER AND LIGHT EASEMENT (DB 2260 PG 718); THENCE WITH THAT RIGHT OF WAY LINE N 25"47'08" W 238.81' TO A #4 REBAR IN THE CENTERLINE OF A DITCH; THENCE WITH THE CENTERLINE OF THE DITCH THE FOLLOWING EIGHTEEN (18) CALLS: 1) N 45°30'16" E 6.46' TO A POINT 2) N 62004'50" E 44.25' TO A POINT 3) N 66"40'08" E 26.88' TO A POINT 4) N 69"13'22" E 41.97' TO A POINT 5) N 77-45'46" E 33.78' TO A POINT 6) S 86°07'35" E 11.15' TO A POINT 7) S 69"22'24" E 13.91' TO A #4 REBAR 8) N 65°57'53" E 46.38' TO A POINT 9) N 70-29'08" E 90.75' TO A #4 REBAR 10) N 36-07'03" E 35.46' TO A #4 REBAR 11) N 67"38'21" E 120.46' TO A POINT 12) N 64"17'13" E 39.52' TO A POINT 13) N 58"18'00" E 178.95' TO A POINT 14) N 08`35'04" E 51.03' TO A #4 REBAR 15) N 04°07'17" E 154.24' TO A #4 REBAR 16) N 52"00'57" E 12.57' TO A #4 REBAR 17) N 64"54'38" E 181.98' TO A #4 REBAR 18) N 15-44'32" W 216.33' TO A #4 REBAR; THENCE LEAVING THE CENTERLINE OF DITCH N 66038'05" E 188.69' TO THE POINT AND PLACE OF BEGINNING. DESCRIPTION BASED ON A SURVEY TITLED "CONSERVATION EASEMENT SURVEY ENVIRONMENTAL BANC & EXCHANGE, LLC, SHADY PROJECT: PROJECT: 20-02-11 "SHADY GROVE" LEGAL DESCRIPTION CONSERVATION EASEMENT "2" PARCEL IDENTIFICAITON NUMBER PIN 2563662469 568,935 S.F. 1 13.061 AC. A PERMANENT CONSERVATION EASEMENT OVER A PORTION OF LAND IN BROGDON TOWNSHIP, WAYNE COUNTY, NORTH CAROLINA AS SHOWN ON A SURVEY PREPARED BY ASCENSION LAND SURVEYING WITH A PROJECT NUMBER OF 21-02-11 DATED �1��( b. , 2023 AND BEING RECORDED IN PLAT BOOK P PAGE WITH THE WAYNE COUNTY REGISTER OF DEEDS OFFICE AND BEING ON THE LAND OWNED BY (NOW OR FORMERLY) DOUGLAS ALLEN JERNIGAN AND AILEEN K JERNIGAN. BEGINNING AT A #4 REBAR BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT DESCRIBED HEREIN; THENCE S 11"01'09" W 236.90' TO A #4 REBAR; THENCE S 72003'35" W 1429.96" TO A #4 REBAR; THENCE S 72003'35" W 122.89' TO A #4 REBAR IN THE CENTERLINE OF A DITCH; THENCE WITH THE CENTERLINE OF THE DITCH THE FOLLOWING TWENTY FIVE (25) CALLS: 1) S 50°35'04" W 105.26' TO A #4 REBAR 2) S 57°22'30" W 147.10' TO A POINT 3) S 45-54'09" W 31.17' TO A POINT 4) S 74°18'33" W 23.38' TO A POINT 5) N 85°29'28" W 18.55' TO A POINT 6) S 67-35'51" W 78.79' TO A POINT 7) S 79°41'38" W 33.01' TO A POINT 8) S 47°36'02" W 10.27' TO A POINT 9) S 83-41'36" W 26.60' TO A POINT 10) S 37°55'29" W 24.13' TO A POINT 11) S 57"55'13" W 40.91 TO A POINT 12) S 82"30'45" W 50.42' TO A POINT 13) S 41°30'20" W 17.17' TO A POINT 14) S 72"51'08" W 10.82' TO A POINT 15) S 60'32'15" W 40.79' TO A POINT 16) S 79'11'04" W 28.34' TO A POINT 17) S 44'08'07" W 25.57' TO A POINT 18) S 75'40'49" W 27.90' TO A POINT 19) S 41-39'39" W 28.38' TO A POINT 20) S 56'48'38" W 30.84' TO A POINT 21) S 43'22'47" W 54.55' TO A POINT 22) S 86'20'25" W 32.20' TO A POINT 23) S 62'54'05" W 36.37' TO A POINT 24) S 59-11'31" W 47.68' TO A POINT 25) S 44'43'32" W 54.70' TO A POINT WHERE THE CENTERLINE OF THE DITCH MEETS THE EASTERN RIGHT OF WAY OF A 100' CAROLINA POWER AND LIGHT EASEMENT (DB 2260 PG 718); THENCE LEAVING THE CENTERLINE OF THE DITCH AND RUNNING WITH THE EASTERN RIGHT OF WAY OF THE AFOREMENTIONED EASEMENT N 25047'08" W 221.70' TO A #4 REBAR; THENCE LEAVING THE RIGHT OF WAY N 51034'38" E 110.72' TO A #4 REBAR; THENCE N 63'03'58" E 431.57' TO A #4 REBAR; THENCE N 72'04'09" E 181.94' TO A #4 REBAR; THENCE N 32'00'33" E 114.01' TO A #4 REBAR; THENCE N 53'00'35" E 125.55' TO A #4 REBAR; THENCE N 75002'11" E 485.38' TO A #4 REBAR; THENCE N 72018'14" E 1268.29" TO THE POINT AND PLACE OF BEGINNING. DESCRIPTION BASED ON A SURVEY TITLED "CONSERVATION EASEMENT SURVEY ENVIRONMENTAL BANC & EXCHANGE, LLC, SHADY PROJECT: PROJECT: 20-02-11 "SHADY GROVE" TOGETHER WITH NON-EXCLUSIVE ACCESS OVER, ACROSS AND THROUGH (1) THAT CERTAIN 30 FOOT WIDE ROAD LEADING FROM THUNDER SWAMP ROAD (SR 1117) LABELED "ACCESS TO CONSERVATION EASEMENT AREA FROM THUNDER SWAMP ROAD" AND (II) THOSE CERTAIN AREAS LABELED "30' WIDE ACCESS AREA", ALL AS SHOWN ON THE PREVIOUSLY REFERENCE PLAT OF SURVEY BY CHRISTOPHER L. COLE, PLS, FOR THE PURPOSES OF GRANTEE AND THE THIRD - PARTIES ACCESSING THE CONSERVATION EASEMENT AREA AND FULFILLING THEIR RIGHTS AND OBLIGATIONS UNDER THIS CONSERVATION EASEMENT. --7 r Pa TOTAL AREA INSIDE OF CONSERVATION EASEMENTS CERTIFICATE OF SURVEY AND ACCURACY CONSERVATION EASEMENT I "I, CHRISTOPHER L. COLE, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY 234,821 S.F. +/- 6.768 AC. SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED CONSERVATION EASEMENT 2 DESCRIPTION RECORDED IN BOOK 596, PAGE 566 ; THAT THE BOUNDARIES 568,935 S.F. +/- 13.061 AC. NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND IN BOOK (AS SHOWN), PAGE'. (AS SHOWN); THAT THE RATIO OF PRECISION OR POSITIONAL ACCURACY AS CALCULATED IS 1: 1 5,000; THAT TOTAL: THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED 863,756 S.F. AND THAT THE SURVEY IS OF ANOTHER CATEGORY, SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A COURT -ORDERED SURVEY, OR +/- 1 0.829 AC. OTHER EXEMPTION OR EXCEPTION TO THE DEFINITION OF SUBDIVISION; (1) CLASS OF SURVEY: CLASS -A ;`\�\1'�,j` 'CARp NAIL (FOUND) (2) POSITIONAL ACCURACY: 0.07'oFEssro; �1 ;- NAIL (FOUND) 1 OPO (3) TYPE OF GPS FIELD PROCEDURE: RTK/VR5 ��� (4) DATES OF FIELD SURVEY: 3/23/202 1 Q SEAL =� " N:537,506.05 , �0 � = E: 2,264,81004 O� G ��pl (5) DATUM/EPOCH: NAD83/201 I = L-5008 (6) GEOID MODEL: 1 2A e �; W l20 (7) COMBINED GRID FACTOR(S): 0.09387000 �9 (8) UNITS: U.S. SURVEY FEET fD SURv�' G�: WITNESS MY ORIGINAL SIGNATURE, REGISTRATION LICENSE NUMBER ''��,OP ,,��� AND SEAL THIS 8TH DAY OF MAY, A.D.,2023. °0 \ r\N�o Digital) signed b Christopher L. Cole �� Christopher L. Cole . y y Date. 2023.05.08 09:05:25 -04 00 \ CHRISTOPHER L. COLS REGISTRATION/LICENSE NO. NCPLS L-5008 \ NC FIRM LICENSE NO. C-4288 \ \ 0�Prqjented For R tration 3 Dote \ F Time AM \ \ 289 CONST4CE 8. CORAM . \$ 8 Register of Deeds PROPERTY LINE PER BOUNDARY �� Coun .C. LINE AGREEMENT l� \ DEED BOOK: 3739 \ Deputy PAGE 59 Ln LO LO _ \ F NOW OR FORMERLY \ DOUGLAS ALLEN JERNIGAN \ AILEE N K JERNIGAN \ PARCEL ID: 256366246E \ DEED BOOK: 2832 \ PAGE:255 I � PROPERTY LINE PER BOUNDARY J I I �� �✓ LINE AGREEMENT 81� DEED BOOK: 3739 _ PAGE 59 �j CONSERVATION EASEMENT " III 294,821 S.F. + - 6.768 AC. A2 0 T QS1j3C)'WIDE �J ACCESS AREA 00y\ Q\ \ O 6� \ BOUNDARY LINE/LCE FOLLOW THE CENTERLINE OF THE CREEK PLAT BOOK: L PAGE: 62 �0 vi �3 00 3t L6 vDK �3 BOUNDARY LINE/LCE FOLLOW THE CENTERLINE OF THE CREEK L I PLAT BOOK: L PAGE: 62 A L22 \ 2�\ NOW OR FORMERLY o� LILLIE JONES \ PARCEL ID: 256354 1 295 DEED BOOK: 1 102 \ PAGE: 53 1 r 29 CONSERVATION EASEMENT "2" \ q2g 5G8,935 S.F. +/- 13.06 I AC. NOW OR FORMERLY J05EPH POWELL PARCEL ID: 2563655 1 97 DEED BOOK: 1 390 PAGE: 535 REVIEW OFFICER CERTIFICATION I, REVIEW OFFICER OF A E UN CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUARY REQUIREMENTS FOR RECORDING FOR WHICH THE REVIEW OFFICER HAS RESPONSIBILITY AS PROVIDED BY LAW. �f . e✓ L1 REvIqy0ff4ER WAYNE COUNTY MAPPING DEPARTMENT LEGEND 0 REBAR (SET) O POINT NOT SET -PL PROPERTY LINE (SURVEYED) - - PL- - - PROPERTY LINE (NOT SURVEYED) ---RW--- RIGHT OF WAY - - TB - - TOP OF BANK CONSERVATION EASEMENT 3 3 11O IO ao CONSERVATION EASEMENT " I " CONSERVATION EASEMENT "2" LINE TABLE LINE BEARING LENGTH L I S72'03'35"W 122.89 L2 S50'35'04"W 105.26 L3 S57'22'30"W 147.10 L4 S45`54'09"W 31.17 L5 S74'18'33"W 23.38 LG N85'29'28"W 18.55 L7 S67'35'51"W 78.79 L8 j S79-41'38"W 33.01 L9 S47.36'02"W 10.27 LIO S83°41'36"W 26.60 L I I S37'55'29"W 24.13 L12 S82°30'45"W 50.42 L 13 S41 °30'20"W 17.17 L14 S72'51'08"W 10.82 L15 S60'32'15"W 40.79 LIG S79'11'04"W 28.34 L 17 S44'08'07"W 25.57 LI8 S75'40'49"W 27.90 L 13 S41 °39'39"W 28.38 L20 S56'48'38"W 30.84 LINE TABLE LINE BEARING LENGTH LG I S02°46'31 "W 67.89 LG2 S17°43'19"W 190.90 L63 N28°50'37"W 17.63 LG4 S57-55'13"W 40.91 VICINITY MAP (NOT TO SCALE) N � W z° J SITE LINE TABLE LINE BEARING LENGTH L21 S43'22'47"W 54.55 L22 S86'20'25"W 32.20 L23 S62'54'05"W 36.37 L24 S59'11'31 "W 47.68 L25 S44'43'32"W 54.70 L26 N25°47'08"W 221.70 L27 N51 °34'38"E 110.72 L28 N72'04'09"E 181.94 L29 N32°00'33"E 114.01 L30 N53°00'35"E 125.55 B I S11`01'09"W 236.90 L32 S72'03'35"W 204.54 L33 S78'23'35"W 66.58 L34 N25'47'08"W 238.81 L35 N45°30'16"E 6.46 L3G N62'04'50"E 44.25 L37 N66'40'08"E 26.88 L38 N69`13'22"E 41.97 L39 N77°45'46"E 33.78 L40 S86'07'35"E 11.15 R CHAPEL CH. LINE TABLE LINE BEARING LENGTH L41 S69'22'24"E 13.91 L42 N65°57'53"E 46.38 L43 N70'29'08"E 90.75 L44 N36`07'03"E 35.46 L45 N67.38'21 "E 120.46 L4G N64'17'13"E 39.52 L47 N58°18'00"E 178.95 L48 N08.35'04"E 51.03 L49 N04°07'17"E 154.24 L50 N52'00'57"E 12.57 L5I N64'54'38"E 181.98 L52 N15°44'32"W 216.33 L53 N66°38'05"E 188.69 L54 S26°02'32"E 105.58 L55 S07-52'26"W 39.91 L5G S43.10'51 "W 46.96 L57 S11'28'21 "W 40.48 L58 S30°58'50"E 108.55 L59 SO4'05'51"E 121.41 L60 S64-24'20"W 1 175.16 w -0 I IRON PIPE ACCESS TO I O LLJECQNSFPVATIONASEMENT _ �� T e (FOUND) AREAFROM"THUND Z r�� I� '� SWAMP ROADER FZ- c l 50? NAIL (FOUND) (TIE) NAD(53/201 I N:535,926.32 �r E:2,267,547.09 i SURVEYORS NOTES: 1) BASIS OF BEARINGS: NCGS GRID COORDINATES, NAD 83/201 1 DATUM. 2) FIELD WORK COMPLETED ON 4/ 1 5/202 1. 3) ALL DISTANCES ARE HORIZONTAL GRID DISTANCES IN U.S. SURVEY FEET UNLE55 OTHERWISE NOTED. 4) THE AREAS SHOWN HEREON WERE COMPUTED USING THE COORDINATE COMPUTATION METHOD. 5)LINES NOT SURVEYED ARE SHOWN AS BROKEN LINES FROM INFORMATION REFERENCED ON THE FACE OF THIS PLAT. 6)PROPERTY SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. 7) FLOODPLAIN ZONE X MAP:3720256400K DATE: G/20/ 1 8 CID: 370254 PANEL: 2564 �o M 8) "ACCESS AREAS" SHOWN ARE NOT EASEMENTS. ),It,00 A 1� 2 THIS SURVEY DOES NOT REPRESENT A COMPLETE BOUNDARY p SURVEY OF ANY TRACT SHOWN HEREON AND IS ONLY INTENDED TO ILLUSTRATE THE LIMITS OF A CONSERVATION 2 EASEMENT 2.00, of 1001 2-00' 400` 800, IN FEET 1 INCH = 200 FEET REVISION: 5/8/2023-REVISED SOUTHERN DISTANCE OF CONSERVATION EASEMENT 2 FROM 1418.0 PTO 1429.00 CONSE'K`VATION EASEMENT SUKVEY OWNERS DOUGLAS ALLEN JERNIGAN AND AILEEN K JERNIGAN BKOGDON TOWNSHIP, WAYNE COUNTY, NC PREPARED FOR ENVIRONMENTAL BANC � EXCHANGE, LLC "PROJECT NAME: SHADY GROVE" NC FIRM LICENSE NO: C-4288 NC PLS NO: L-5008 '4'dagd swwcqxwf ;v. G. Professional Land 5urveyn6j * Consulting 116 WIIIlam5 Road, MOckaVIlle, NC 27028 Phone: (704) 579-7 197 Small: 5urveyor.chrl5007@gmall.com PROJECT. 21-02 -11 SHEET 1 OF 1 SCALE: 1-200 MAP: 3/2/202-3 Chicago Title Insurance Company ALTA Commitment for Title Insurance Commitment Number: 20-12609DU Revision 4 AUGUST 17, 2022 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08-01-16)Printed: 08-17-22 @ 06:37 PM 101046D0102.doc / Updated: 03.28.22 Page 1 NC-CT-FSAC-01080.365396-20-12609DU ALTA COMMITMENT FOR TITLE INSURANCE Issued by CHICAGO TITLE INSURANCE COMPANY NOTICE IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and the Commitment Conditions, Chicago Title Insurance Company, a Florida corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I-Requirements have not been met within six (6) months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. Chicago Title Insurance Company By: Countersigned By: Minette Van Goethem,Authorized Signatory Authorized Officer or Agent Michael J. Nolan, President Attest: Marjorie Nemzura, Secretary Chicago Title Insurance Company ALTA Commitment for Title Insurance Commitment Number: 20-12609DU Revision 4 AUGUST 17, 2022 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08-01-16)Printed: 08-17-22 @ 06:37 PM 101046D0102.doc / Updated: 03.28.22 Page 2 NC-CT-FSAC-01080.365396-20-12609DU Transaction Identification Data for reference only: Issuing Office:Chicago Title Company, LLC,300 Blackwell Street, Suite 103, Durham, NC 27701 Phone: (919)682-3018 Fax: (919)682-3518 Commitment Number:20-12609DU Property Address:Thunder Swamp Road,Mount Olive, NC 28365 SCHEDULE A 1. Commitment Date: July 29, 2022 at 08:00 AM 2. Policy to be issued: (a)ALTA Owner's Policy (06-17-06) Proposed Insured:Environmental Banc & Exchange, LLC, a Maryland LLC Proposed Policy Amount:$605,400.00 3. The estate or interest in the Land described or referred to in this Commitment is: Conservation Easement 4. Title to the Fee Simple estate or interest in Land is at the Commitment Date vested in: Douglas Allen Jernigan and Aileen K. Jernigan 5. The Land is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF END OF SCHEDULE A Chicago Title Insurance Company ALTA Commitment for Title Insurance Commitment Number: 20-12609DU Revision 4 AUGUST 17, 2022 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08-01-16)Printed: 08-17-22 @ 06:37 PM 101046D0102.doc / Updated: 03.28.22 Page 3 NC-CT-FSAC-01080.365396-20-12609DU EXHIBIT "A" Legal Description Lying and being situate in Wayne County, North Carolina, and being more particularly described as follows: TRACT 1: TRACT 2: Chicago Title Insurance Company ALTA Commitment for Title Insurance Commitment Number: 20-12609DU Revision 4 AUGUST 17, 2022 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08-01-16)Printed: 08-17-22 @ 06:37 PM 101046D0102.doc / Updated: 03.28.22 Page 4 NC-CT-FSAC-01080.365396-20-12609DU SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. (A deed of trust securing a one-to-four-family residential property must be recorded prior to disbursement of funds. A deed of trust securing non one-to-four family residential property that will be recorded more than 30 days following funding of the loan requires PRIOR approval of Company's underwriting counsel.) a.Conservation Easement from Douglas Allen Jernigan and Aileen K. Jernigan and spouse/their respective spouses, if any, to Environmental Banc & Exchange, LLC, a Maryland LLC. 5.Cancellation, release, termination, discharge, or satisfaction of record of the following: (In the event the lien to be cancelled or satisfied is a line of credit such as a home equity line or future advance loan secured by a deed of trust, attorney to verify as applicable under North Carolina law: (i) delivery of borrower's written request and notice to lender to terminate borrower's account, (ii) payoff in full of all outstanding sums secured by the deed of trust, and (iii) release of the Land from or cancellation of public record of the deed of trust.) a.Deed of Trust to John P. Edwards, Jr., Trustee for CBC National Bank, filed for record March 18, 2016, in Book 3214, page 679, securing $4,850,000.00. [1st position lien] b.Request for Copy of Notice of Sale dated March 18, 2016, recorded in Book 3214, page 761, Wayne County Registry c.Request for Copy of Notice of Sale dated March 18, 2016, recorded in Book 3214, page 762, Wayne County Registry d.Assignment of Leases and Rents in favor of CBC National Bank, recorded in Book 3214, page 737. e.UCC Fixture Filing Financing Statement, recorded in Book 3214, page 756; and UCC Financing Statement Amendment recorded in Book 3563, Page 197, Wayne County Registry. f.Deed of Trust to William H. Weatherspoon, Jr., Trustee for Yadkin Bank, filed for record March 20, 2015, in Book 3145, page 65, securing $3,250,000.00; as affected by that Subordination Agreement dated February 16, 2016, recorded in Book 3214, page 758; ; as affected by that Assignment of Deed of Trust, Assignment of Rents and Security Agreement recorded in Book 3584, Page 758, [2nd position lien] Chicago Title Insurance Company ALTA Commitment for Title Insurance Commitment Number: 20-12609DU Revision 4 AUGUST 17, 2022 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08-01-16)Printed: 08-17-22 @ 06:37 PM 101046D0102.doc / Updated: 03.28.22 Page 5 NC-CT-FSAC-01080.365396-20-12609DU g.Deed of Trust to Scott C. Gayle, Tuggle, Duggins P.A., Trustee for Clean Blue BIo Farms, LLC, filed for record March 31, 2015, in Book 3147, page 50, securing $789,375.00; as affected by that Subordination Agreement dated March 31, 2015, recorded in Book 3215, page 104, Wayne County Registry. [3rd position lien] h.Federal Tax Liens filed in 17 M 261, 19 M 86, and 21 M 91, all filed in Wayne County Clerk of Courts. 6.Payment of all taxes (including deferred taxes) and assessments (pending or confirmed) which are or may become a lien on the Land and are due OR payable at time of recording of the instrument creating the interest to be insured. DEFERRED TAXES TO BE PAID 2022 TAXES DUE AND PAYABLE AT CLOSING 7.Payment of any owners' association dues, charges, or assessments claimed or due and payable at time of recording of the instrument creating the interest to be insured, whether or not a claim of lien has been filed, if same are or may become a lien superior to the interest to be insured. Chicago Title Insurance Company ALTA Commitment for Title Insurance Commitment Number: 20-12609DU Revision 4 AUGUST 17, 2022 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08-01-16)Printed: 08-17-22 @ 06:37 PM 101046D0102.doc / Updated: 03.28.22 Page 6 NC-CT-FSAC-01080.365396-20-12609DU 8.Receipt of applicable NCLTA form below (or substantially similar form approved by Company), completed, executed and notarized, as follows: NO RECENT (last 120 days) OR CONTEMPLATED CONSTRUCTION: NCLTA FORM 1 (Owner Affidavit) from every seller (on sale) or borrower (on refinance) who has not contracted for recent or contemplated improvements on the Land or for a construction loan. NOTE: If a contract purchaser has contracted for or is contemplating improvements, see “CONSTRUCTION CONTEMPLATED OR IN PROCESS” below. RECENTLY COMPLETED IMPROVEMENTS: Non-MLA project: NCLTA FORM 2 (Owner/Contractor Affidavit, Lien Waiver, and Indemnity) from every Owner and every Contractor. MLA project: (1) Receipt of proof satisfactory to the Company that prior to closing or prior to first contracting for construction (whichever occurs first), (a) A Lien Agent was designated on the LiensNC.com website, AND (b) The Appointment of Lien Agent was posted at the Land. (2) NCLTA FORM 5 (Owner Affidavit) from every Owner; AND (3) NCLTA FORM 6 (MLA Lien Waiver) from every PLC-MLA. CONSTRUCTION CONTEMPLATED OR IN PROCESS: Non-MLA project: NCLTA FORM 3 (Owner/Contractor Affidavit, Indemnity and Lien Subordination) (for lender coverage only) from every Owner and every Contractor. MLA project: (1) Receipt of proof satisfactory to the Company that prior to closing or prior to first contracting for construction (whichever occurs first): (a) A Lien Agent was designated on the LiensNC.com website, AND (b) The Appointment of Lien Agent was posted at the Land; (2) NCLTA FORM 5 (Owner Affidavit) from every Owner; AND; (3) NCLTA FORM 6 (MLA Lien Waiver) or NCLTA FORM 7 (MLA Subordination of Liens) from every PLC-MLA. NOTE: If a contract purchaser has contracted for or is contemplating improvements prior to closing, see “NO RECENT IMPROVEMENTS” above regarding seller lien affidavits as well. MLA Project - MLA NOT Appointed Prior to Contracting for Labor Services or Materials: In all cases in which an MLA was required but not (timely) appointed, prior approval and terms of coverage (if any) by Company underwriting counsel is required. Applicable Definitions: “Non-MLA Projects”: Improvements are (1) first contracted before April 1, 2013, (2) for a value less than $30,000 OR (3) solely for improvements to owner’s existing residence. All other projects (other than public projects) are “MLA projects”. “Owner” is holder of any interest in the Land, including leasehold owner or contract purchaser. “Potential Lien Claimant” (or “PLC - MLA”) is any person (or entity) entitled to file a claim of lien on real property (herein “Liens”), for providing labor, services, (including design professionals such as surveyors, architects, Chicago Title Insurance Company ALTA Commitment for Title Insurance Commitment Number: 20-12609DU Revision 4 AUGUST 17, 2022 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08-01-16)Printed: 08-17-22 @ 06:37 PM 101046D0102.doc / Updated: 03.28.22 Page 7 NC-CT-FSAC-01080.365396-20-12609DU engineers and landscape engineers), materials or rental equipment provided for improvements to the Land (herein “Improvements”), pursuant to Article 2 of Chapter 44A of the North Carolina General Statutes AND who either has filed a Notice to Lien Agent, OR was identified in the original Appointment, OR is a Design Professional OR is a PLC whose first furnishing was within 15 days prior to closing OR (for waivers) delivered a claim of lien upon funds on the Owner. “Contractor” Any person or entity who has performed or furnished or has contracted to perform or furnish Labor, Services or Materials pursuant to a contract, either express or implied, with the Owner of real property for the making of an Improvement thereon OR who has delivered a claim of lien upon funds to the Owner. 9.If the transaction involves the purchase of property at foreclosure, the purchase of real estate owned (REO) by a lender/servicer, or the subsequent resale or mortgage of property where the grantor or mortgagor was a purchaser of REO property; verification that the defaulted borrower in the foreclosure proceeding, or anyone claiming by, through or under him, is not occupying or in possession of the foreclosed property. 10.IN THE EVENT THAT, AT TIME OF CLOSING, THE REGISTER OF DEEDS HAS DISCONTINUED ALL RECORDING OR THE ABILITY TO EXAMINE OR UPDATE PUBLIC RECORDS IS PREVENTED BY CORONAVIRUS STATE OF EMERGENCY OFFICE CLOSURES, BUT ALL PARTIES DESIRE TO CLOSE BEFORE DELAYED RECORDING WHEN REGISTER RESUMES RECORDING, CONTACT THE COMPANY FOR FURTHER REQUIREMENTS. 11.For issuance of survey coverage: Company must be provided with a current surveyor's report and survey of the Land bearing the signature and seal of a licensed North Carolina surveyor and prepared in accordance with North Carolina standards for surveys of land or the Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys. 12.SATISFIED The Proposed Policy Amount(s) must be increased to the full value of the estate or interest being insured, and any additional premium must be paid at that time. An Owner’s policy should reflect the purchase price of the Land. A Loan Policy should reflect the loan amount. Proposed Policy Amount(s) will be revised and premiums charged consistent therewith when the final amounts are approved. 13.Verification as of closing of (1) the due organization and good standing of Environmental Banc & Exchange, LLC, a Maryland LLC (herein "Entity") in its state or country of organization and (2) authority of individual(s) executing documents on behalf of Entity to enter into the transaction to be insured on its behalf. END OF SCHEDULE B, PART I Chicago Title Insurance Company ALTA Commitment for Title Insurance Commitment Number: 20-12609DU Revision 4 AUGUST 17, 2022 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08-01-16)Printed: 08-17-22 @ 06:37 PM 101046D0102.doc / Updated: 03.28.22 Page 8 NC-CT-FSAC-01080.365396-20-12609DU SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I - Requirements are met. 2.Taxes or assessments for the year 2022, and subsequent years, not yet due or payable. 3.All deferred taxes. 4.Any discrepancy, conflict, matters regarding access, shortage in area or boundary lines, encroachment, encumbrance, violation, variation, overlap, setback, easement or claims of easement, riparian right, and title to land within roads, ways, railroads, watercourses, burial grounds, marshes, dredged or filled areas or land below the mean highwater mark or within the bounds of any adjoining body of water, or other adverse circumstance affecting the Title that would be disclosed by a current inspection and accurate and complete land survey of the Land. 5.Rights of others in and to the continuous and uninterrupted flow of the waters bounding or crossing the Land and riparian and/or littoral rights incident to the Land and claims to Land created or lost by accretion, reliction or avulsion resulting from movement of the creeks forming the boundary of the insured Land. 6.[INTENTIONALLY DELETED] Memorandum of Farm Acreage Lease Agreement, dated February 3, 2016, recorded in Book 3226, page 829, Wayne County Registry; as affected by Corrective of Schrivener's Affidavit for Notice of Typographical or Other Minor Error, recorded in Book 3241, page 460, Wayne County Registry. EXPIRED BY ITS TERMS 7.Rights of tenants in possession, as tenants only, under unrecorded leases. 8.The correctness of the square footage/acreage computation contained in the description of the Land is not insured. 9.Terms and provisions set forth in that Conservation Easement recorded in Book ____, page ____. 10.Any right, easement, setback, interest, claim, encroachment, encumbrance, violation, variations or other adverse circumstance affecting the Title disclosed by plat(s) recorded in and Plat Book P, Page 63-B, Wayne County Registry. THE FOLLOWING EXCEPTIONS APPLY TO TRACT 1: Chicago Title Insurance Company ALTA Commitment for Title Insurance Commitment Number: 20-12609DU Revision 4 AUGUST 17, 2022 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08-01-16)Printed: 08-17-22 @ 06:37 PM 101046D0102.doc / Updated: 03.28.22 Page 9 NC-CT-FSAC-01080.365396-20-12609DU 11.Memorandum of Agreement dated July 7, 2020, by and between Douglas Allen Jernigan and wife, Aileen K. Jernigan and Environmental Banc & Exchange, LLC, recorded in Book 3534, page 501, Wayne County Registry 12.Easement dated December 20, 1991, to Carolina Power and Light Company recorded in Book 1317, page 284, Wayne County Registry. 13.Easement dated July 31, 2003, to Progress Energy Carolinas, Inc. recorded in Book 2125, page 849, Wayne County Registry. 14.Easement dated December 17, 2002, to Carolina Power and Light Company recorded in Book 2260, page 718, Wayne County Registry. 15.Easement dated May 19, 2010, to Carolina Power and Light Company recorded in Book 2784, page 371, Wayne County Registry. 16.THE FOLLOWING EXCEPTIONS APPLY TO TRACT 2: 17.Any right, easement, setback, interest, claim, encroachment, encumbrance, violation, variations or other adverse circumstance affecting the Title disclosed by plat(s) recorded in Plat Cabinet L, Slide 62-D,Wayne County Registry. 18.Memorandum of Agreement dated July 7, 2020, by and between Douglas Allen Jernigan and wife, Aileen K. Jernigan and Environmental Banc & Exchange, LLC, recorded in Book 3534, page 508, Wayne County Registry 19.Easement dated April 4, 1988, to Carolina Power & Light Company recorded in Book 1202, page 492, Wayne County Registry. 20.Easement dated October 23, 1988, to Carolina Power & Light Company recorded in Book 1218, page 594, Wayne County Registry. 21.Easement dated June 21, 2001, to Carolina Power & Light Company recorded in Book 1865, page 463, Wayne County Registry. 22.Easement dated December 17, 2002, to Carolina Power & Light Company recorded in Book 2260, page 714, Wayne County Registry. 23.Easement dated April 25, 2007, to Carolina Power & Light Company recorded in Book 2543, page 204, Wayne County Registry. 24.Boundary Line Agreement recorded in Book 3739, Page 51, Wayne County Registry. END OF SCHEDULE B, PART II Chicago Title Insurance Company ALTA Commitment for Title Insurance Commitment Number: 20-12609DU Revision 4 AUGUST 17, 2022 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08-01-16)Printed: 08-17-22 @ 06:37 PM 101046D0102.doc / Updated: 03.28.22 Page 10 NC-CT-FSAC-01080.365396-20-12609DU REMARKS NO CLOSING SERVICES INSURANCE: As to the transaction for which this Commitment is issued, the Company does not afford insured closing protection/closing services insurance absent revision of this Commitment to include a statement that coverage is afforded to those parties identified in a separate closing protection letter issued simultaneously with revision of the Commitment. Any closing protection coverage or letter which heretofore may have been issued is hereby rescinded and shall not be effective as to this transaction. Any closing protection letter subsequently issued shall not be effective as to this transaction absent the accompanying requisite revision of this Commitment. END OF REMARKS Chicago Title Insurance Company ALTA Commitment for Title Insurance Commitment Number: 20-12609DU Revision 4 AUGUST 17, 2022 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08-01-16)Printed: 08-17-22 @ 06:37 PM 101046D0102.doc / Updated: 03.28.22 Page 11 NC-CT-FSAC-01080.365396-20-12609DU COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I-Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I-Requirements; (f) Schedule B, Part II-Exceptions; and (g) a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) comply with the Schedule B, Part I-Requirements; (ii) eliminate, with the Company's written consent, any Schedule B, Part II-Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I-Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. Chicago Title Insurance Company ALTA Commitment for Title Insurance Commitment Number: 20-12609DU Revision 4 AUGUST 17, 2022 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08-01-16)Printed: 08-17-22 @ 06:37 PM 101046D0102.doc / Updated: 03.28.22 Page 12 NC-CT-FSAC-01080.365396-20-12609DU (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II-Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is Two Million And No/100 Dollars ($2,000,000.00) or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. END OF CONDITIONS 12 VIII. CREDIT RELEASE SCHEDULE A. Upon submittal of all appropriate documentation by the Sponsor, and subsequent approval by DWR, it is agreed that the Riparian Buffer Credits and Nutrient Offset Credits associated with each individual Bank Parcel will become available for sale to a third party in accordance with Credit Release Schedule in Table 3.0 below. Table 3.0 - Credit Release Schedule for Riparian Buffer and Nutrient Offset Credits Task Project Milestone % Credit Available for Sale 1 Instrument and BPDP Approved by DWR, Conservation Easement Recorded* and Financial Assurance Posted 20 2 All Riparian Earthwork & Mitigation Activities, Planting and Installation of Monitoring Devices completed, easement boundaries adequately marked, all applicable permits obtained, site visit performed by DWR 20 3 Monitoring Financial Assurance Posted and Approval of As-Built Report 10 4 Monitoring Report #1: Approved by the DWR** & Financial Assurance Posted 10 5 Monitoring Report #2: Approved by the DWR** & Financial Assurance Posted 10 6 Monitoring Report #3: Approved by the DWR** & Financial Assurance Posted 10 7 Item B (1) of Section X in this Instrument has been completed and approved by DWR. 5 No remaining credits will be released until the conservation easement has been assigned to an approved land trust or stewardship 8 Monitoring Report #4: Approved by the DWR** & Financial Assurance Posted 5 9 Monitoring Report #5: Approved by the DWR** and final site visit by DWR has been conducted 10 Total 100% * For specification, please see Section V in this Instrument ** DWR Approval provided upon a determination that the site is meeting success criteria contained within the approved BPDP B. DWR may modify credit release schedules based on the information submitted or the order in which required information is received. DWR will notify the Sponsor of any modification to the credit release schedule. Any major deviations to the Bank Parcel that were not authorized in writing by DWR prior to implementation may affect the amount of riparian buffer credits and nutrient offset credits that will be generated by the Bank Parcels Original Mit Plan Credits 28,515.000 950.500 28,225.981 Riparian Buffer and Nutrient Offset Credit Release Schedule TOTAL (As-Built) Credits: 29,707.000 1,980.400 28,942.848 Credit Release # % Restoration* Preservation* Nitrogen* 1 Instrument and BPDP Approved by DWR, Conservation Easement Recorded and Financial Assurance Posted 20% 5,941.400 396.080 5,788.570 2 All Riparian Earthwork & Mitigation Activities, Planting and Installation of Monitoring Devices completed, easement boundaries adequately marked, all applicable permits obtained, site visit performed by DWR 20% 5,941.400 396.080 5,788.570 3 Monitoring Financial Assurance Posted and Approval of As-Built Report 10% 2,970.700 198.040 2,894.285 4 Monitoring Report #1: Approved by the DWR** & financial assurance renewed 10% 2,970.700 198.040 2,894.285 5 Monitoring Report #2: Approved by the DWR** & financial assurance renewed 10% 2,970.700 198.040 2,894.285 6 Monitoring Report #3: Approved by the DWR** & financial assurance renewed 10% 2,970.700 198.040 2,894.285 7 Item B (1) of Section X in this Instrument has been completed and approved by DWR. 5% 1,485.350 99.020 1,447.142 8 Monitoring Report #4: Approved by the DWR** & financial assurance renewed 5% 1,485.350 99.020 1,447.142 9 Monitoring Report #5: Approved by the DWR** and final site visit by DWR has been conducted 10% 2,970.700 198.040 2,894.285 *Numbers are based on As-Built credit amounts. Table 7. Shady Grove, 2020‐1091v2, Project Credits Project Area N Credit Conversion Ratio (ft2/pound) P Credit Conversion Ratio (ft2/pound) Credit Type Location Subject? (enter  NO if  ephemeral or  ditch 1) Feature Type Mitigation Activity Min‐Max Buffer  Width (ft)Feature Name Total Area (ft2) Total (Creditable)  Area of Buffer  Mitigation (ft2) Initial Credit  Ratio (x:1)% Full Credit  Final Credit  Ratio (x:1)   Convertible to  Riparian  Buffer?   Riparian Buffer  Credits   Convertible to  Nutrient Offset?   Delivered  Nutrient Offset:  N (lbs)   Delivered  Nutrient  Offset: P (lbs)  Buffer Rural Yes I / P Restoration 0‐100 DJ1 13,775 13,775 1 100% 1.00000 Yes 13,775.000 Yes 718.798 — Buffer Rural No I / P Restoration 0‐100 DJ2 15,932 15,932 1 100% 1.00000 Yes 15,932.000 Yes 831.353 — Nutrient Offset Rural No Ditch Restoration 0‐100 DJ3, DJ5 211,491 1 100% No — Yes 11,035.883 — Nutrient Offset Rural Yes I / P Restoration 101‐200 DJ1 90,166 1 33% No — Yes 4,704.982 — Nutrient Offset Rural No I / P Restoration 101‐200 DJ2 29,237 1 33% No — Yes 1,525.626 — Nutrient Offset Rural No Ditch Restoration 101‐200 DJ3, DJ5 223,765 1 33% No — Yes 11,676.357 — Nutrient Offset Rural No Ditch Restoration 0‐100 Non‐diffused Flow  Deductions (DJ3)4,350 1 100% No — No — — Nutrient Offset Rural No Ditch Restoration 101‐200 Non‐diffused Flow  Deductions (DJ3)4,350 1 33% No — No — — ——— ——— ——— ——— ——— ——— ——— ——— ——— ——— ——— Totals (ft2):593,066 29,707 29,707.000 30,492.999 0.000 Total Buffer (ft2):29,707 29,707 Total Nutrient Offset (ft2):563,359 N/A Total Ephemeral Area (ft2) for Credit:00 Total Eligible Ephemeral Area (ft2):9,902 0.0%Ephemeral Reaches as % TABM Enter Preservation Credits Below Total Eligible for Preservation (ft2):9,902 25.0%Preservation as % TABM   Credit Type Location Subject? Feature Type Mitigation Activity Min‐Max Buffer  Width (ft)Feature Name  Total Area (sf)  Total (Creditable)  Area for Buffer  Mitigation (ft2) Initial Credit  Ratio (x:1)% Full Credit  Final Credit  Ratio (x:1)   Riparian Buffer  Credits  Buffer Rural Yes I / P0‐100 DJ1 137,815 0 10 100% — Buffer Rural No I / P0‐100 DJ2 18,013 9,902 5 100% 5.00000 1,980.400 Buffer Rural Yes I / P 101‐200 DJ1 16,806 0 10 33% — Rural No I / P 101‐200 DJ2 4,031 0 5 33% — Preservation Area Subtotals (ft2):176,665 9,902 Square Feet Credits 29,707 29,707.000 0 0.000 9,902 1,980.400 39,609 31,687.400 Square Feet Credits Nitrogen:28,942.848 Phosphorus:0.000563,359 TOTAL AREA OF BUFFER MITIGATION (TABM) TOTAL NUTRIENT OFFSET MITIGATION Mitigation Totals Nutrient Offset: Preservation: Total Riparian Buffer: Neuse 03020201 ‐ Outside Falls Lake 19.16394 N/A Restoration: Enhancement: Mitigation Totals 1.  The Randleman Lake buffer rules allow some ditches to be classified as subject according to 15A NCAC 02B .0250 (5)(a). last updated 08/03/2020 Mitigation Bank Construction Performance Bond Bond No. 612402539 Penal Sum: $ $150,000.00 Know AB Men By These Presents, That we, Environmental Banc & Exchange, LLC of 6575 West Loop South, Suite 300 Bellaire, TX 77401 (hereinafter called the Principal), as Principal, and United States Fire Insurance Company with an office at 305 Madison Avenue, Morristown, NJ 07960, a corporation duly organized under the laws of the State of Delaware (hereinafter called the "Surety"), as Surety, are held and firmly bound unto the North Carolina Department of Environmental Quality - Division of Water Resources, 1617 Mail Service Center, Raleigh, NC 27699-1617 (hereinafter called the "Obligee"), as Obligee, up to the maximum penal sum of One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) (hereinafter called the "Maximum Penal Sum"), for the payment of which we, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into the RES 2021 Noose Umbrella Mitigation Banking Instrument for Nutrient Offset and Buffer Mitigation Credits (hereinafter called the "UMBI") with the Obligee, dated the 12"' day of November, 2021, which includes the Shady Grove Riparian Buffer and Nutrient Offset Bank Parcel Development Package (herein after called the BPDP) for the Shady Grove Riparian Buffer and Nutrient Offset (the "Bank Site") where financial obligations by the Principal are explicitly written and agreed upon between the Principal and the Obligee, the UMBI and BPDP are hereby referred to and made a part hereof as if fully set forth herein. WHEREAS, the Principal has received approval of their BPDP` by the North Carolina Division of Water Resources ("NCDWR") and that the NCDWR has granted the necessary approval, subject to the posting by the Principal of this Bond (the "Bond"), to insure full compliance with all the terms and conditions of the UMBI and BPDP; NCDWR 02020-1091 v2. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal shall successfully complete construction and obtain written approval of an as- built report from the Obligee, then this obligation shall be null and void; otherwise it shall remain in full force and effect. This Bond is subject to the following conditions: 1) Obhgee will issue a full and final release of this Bond Upon successful completion of construction and approval of an as -built report, or if) other security, in the amount of and covering the same obligations stated herein, is posted with the Obligee. 2) If any payment under this Bond, as set forth in subsection 3 b) below, is made, then the outstanding penal sum of the Bond shall be reduced by the corresponding amount of such payment. Notwithstanding anything contained herein to the contnay, the aggregate liability of the Surety is limited to the Maximum Penal Sum stated above regardless of the number or amount of claims brought against this bond and regardless of the number of years this bond remains in effect. The Obligee shall issue a fun and final release of this Bond and any and all of Surety's obligations hereunder when Surety has tendered payment in whole, or in parts equal to the aggregate sum. 3) The Surety's obligation under this Bond shall only arise after the Obligee has notified the Principal and the Sorely of the Principal's failure to abide by the terms and conditions of the UMBI and BPDP. Upon notice of the Principal's default under the UMBI and BPDP, the Surety, in its sole discretion, shall remedy the Principal's default either under subsection 3) a) or 3) b) below. In the event that the Surety either fails to respond to Obligee's notice of default within thirty (30) business days of receipt of said notice, or fails to honor Surety's commitments under this bond to the fun satisfaction of the Obligee, then Surety shall remedy such default in accordance with subsection 3) c) below. a) Surety shall remedy Principal's default to the full satisfaction of the Obligee by a reasonable date certain set by the Obligee; or b) Surety shall immediately tender to a party, or parties, identified by the Obligee the entire, or a portion thereof the, Maximum Penal Sum, that the Obligee has determined is due in an effort to remedy the Principal's default. In no event shall any portion of the Maximum Penal Sum be tendered to the Obligee. Any new party or parties identified by the Obligee under this section shall immediately become a Surety or Sureties under this bond for the remaining tetra of the bond. If the Obligee determines that it is unable to identify such a party, or parties, the Surety (ies) shall remedy the default of the Principal under subsection 3) a) of this bond; c) The Surety shall pay to a party, or parties, identified by the Obligee the remaining unexpended portion of the Maximum Penal Sum. Said sum shall become immediately due to a party, or parties, identified by the Obligee. In no event shall such sum be tendered to the Obligee. Any new party or parties identified by the Obligee under this paragraph shall immediately become a Surety or Sureties under this bond for the remaining term of the bond. NOTWITHSTANDING ANYTHING CONTAINED IN THE AGREEMENT TO THE CONTRARY, THE LIABILITY OF THE PRINCIPAL AND SURETY UNDER THIS BOND IS LIMITED TO THE TERM BEGINNING THE 22nd OF February . 2023, AND ENDING THE 22nd DAY OF February, 2024 AND ANY EXTENSIONS OR RENEWALS OF THE REFERENCED AGREEMENT SHALL BE COVERED UNDER TH IS BOND ONLY WHEN CONSENTED TO IN WRITING BY THE SURETY. IT IS FURTHER AGREED THAT THE REFUSAL BY THE SURETY TO EXTEND THE TERM OF THIS BOND SHALL NOT CONSTITUTE A DEFAULT BY THE PRINCIPAL AND SHALL NOT GIVE RISE TO A CLAIM OR DEMAND AGAINST THE SURETY UNDER THIS BOND. In accordance with 33 C.F.R. § 332.3(n)(5), the Surely shall provide the Obligee notification of at least 120 days in advance of termination, revocation, or modification of this bond. No right of action shall accme on this bond to or for the use of any person or corporation other than the Obligee named herein, or their heirs, executors, administrators or successors. The above -bounden parties have executed this instrument under their several seals, dated this 22nd day of February , 2023, the name and corporate seal of each corporate party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal: Environmental Banc and Exchange, LLC By: Mi f�Y1�, RLA e910n OpeYtliictnS piV'OdflY So try': United Staters /Fire ce Company By: V��u -&1Y/1Mfi' Vanessa Dominguez, Atto -Fact Obligee: North Carolina Department of Enironmental Quality -Division of Water Resources By: POWEROFATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE -MORRISSTOWN, NEW JERSEY KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly orgutimd and existing under the laws of the stale of Delawem, has made, constituted and appointed, and does hereby make, constitute and appoint: Lupe Tyler; Lisa A. Ward; Donna L. Williams; Vanessa Dominguez; Erin M. Dennison; Andrea M. Penaloza; Amanda George; Terri L. Morrison; Gina A. Rodriguez; Misty Wright each, its true and lawful ARomey(s)-hi-Fact, with full power and authority hereby conferred in its name, place and stand, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and ta bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected offerers of United States Fire Insurance Company a[ its principal office, m amounts or penalties not exceeding: One Hundred Twenty Five Million Eight Hundred Thousand Dollars (SI25800OW) This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named [hemin, and they have no anthouty to bind United States Fire humanness Company except in the manner and an the extent thumin stated. This Power ofAmmey revokes all Previous Powers ofAttomey issued on behalfof the Attorneys -In -Fact named above and expires on January 1, 2023. This Power of Attorney is granted pursuant to Article IV ofthe By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article IB thereof, which Articles provide, in pertinent part: Article 1V, Execution of Instruments - Except as the Board ofDimmars may authorize by resolution, the Chairman ofthe Board, President, any Vice -President, my Assistant Vice President, the Secretary, or any Assistant Seemtay shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and decuments whatsoever in comeemm with its business including, without limiting the foregoing, say bonds, guarantees, undertakings, recognvmces, powers of attorney or revocations of any powers of sttourey, stipulations, policies of insurance, deeds, leases, mortgages, roleaseu satisfactiens and agency agreements; (b) ta appoint in writing, one or more persons for any or all ofthe purposes mentioned in the proceding paragraph (a), including effacing the seal ofthe Corporation. Article 111, Officers, Section 3.11, Facsimile Signatures. The signature of any offices anthonaed by the Corporation on sign say bonds, guarantees, undertakings, moognimnces, stipulations, powers of al[omey or revocations of any powers of attorney and policies of insurance sued by the Corporation may be printed, facsimile, lithographed or otherwise produced. 10 addition, if and as authorized by the Board o£ Directors, dividend warrants orchecks, or other numerous j istmments similar to oar anther in font, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer as officers of the Corporation as from time to time may be autborzed m sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers argue Corporation, notwithstanding the feet that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has ..used these presents to be signed and attested by its appropriate officer and its armature seal hereunto affixed this l lu day of Much, 2021. 8 UNITED STATES FIRE INSURANCE COMPANY Anthony R Slarm a,Ex.Uu Vice President Stem of New ]ersey) Countyof Moms ) On this 1ln day of March 2021, before me, allotary public of the Stars of New Jersey, came the above named officer of United States Five Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged deco he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company therein by the authority of his office. sONIASCAIA �r��„ 4e'a4— NOTARYPUBLICOFNEWMRSEY Soma Susan, (Notary Public) MYCOMMISSIONEXPIRES3/25Y M Net 216J6E6 1, the undersigned officer of United States Fire Insumnce Company, a Delaware corporation, do hereby certify drat the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and ban not been revolted. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on thePaaday of February 20 23 UNITED STATES FIRE INSURANCE COMPANY J pw""W `' Daniel Sussman, Senior Vice President •For verification ofthe authenticity ofthe Power ofARomey, please contact Pat Taberat 860-956-3424 or email: Smelvhnmmes(mamvnlaum VICINITY MAP NOT TO SCALE OBERRY RD SR 1 1 20 A o � rn co SITE \ �' ��` Nc S s WAYNE CO., NC I, ELISABETH G. TURNER, AS A DULY REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF NORTH CAROLINA, CERTIFY THAT THIS BUFFER MAP WAS DRAWN UNDER MY SUPERVISION, IS AN ACCURATE AND COMPLETE REPRESENTATION OF WHAT WAS CONSTRUCTED IN THE FIELD. THAT THE EASEMENT BOUNDARY IS BASED ON PLAT BOOK SEE , PG NOTES RECORDED IN WAYNE COUNTY REGISTER OF DEEDS OFFICE, AND THAT THE BUFFER AREAS SHOWN ARE CALCULATED FROM AS -BUILT CONDITIONS EXCEPT WHERE OTHERWISE NOTED HEREON. WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER, AND SEAL THIS 8th DAY OF JUNE, 2023. \\11111111 CAR "/// �Z/ /-- ' SEAL E ISABETH G. TURNER, P.L.S. #L-4440 m : L-4440 p S U R. �i � GENERAL NOTES: I . ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN U.S. SURVEY FEET UNLESS OTHERWISE NOTED. 2. THE BASIS OF BEARINGS 15 NCGS STATE PLANE NAD83(201 1) DATUM, 3. THE AREA SHOWN HEREON WAS COMPUTED U51NG THE COORDINATE COMPUTATION METHOD. 4. THE PURPOSE OF THI5 MAP 15 TO SHOW THE A5-13UILT AREAS FOR RIPARIAN BUFFER CREDITS WITHIN THE CONSERVATION EASEMENT. THI5 PLAT 15 NOT A BOUNDARY SURVEY. THE LAND PARCELS AND THEIR BOUNDARIES AFFECTED BY THIS CONSERVATION EASEMENT ARE NOT CHANGED BY THIS MAP. 5. LINE5 NOT SURVEYED ARE SHOWN AS A DASHED LINETYPE AND WERE TAKEN FROM INFORMATION REFERENCED ON THE FACE OF THI5 PLAT. G. SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS, AND/OR ENCUMBRANCES THAT MAY AFFECT THE PIROPERTY(S). 7. CONSERVATION EASEMENT RECORDED IN D.B. 3,516, PG. 492 AND PLAT BOOK P, PG. 84-D IN THE WAYNE COUNTY REGISTER OF DEEDS OFFICE. 8. STREAM TOP OF BANK LINES TAKEN FROM TOPOGRAPHIC SURVEY BY ASCENSION LAND SURVEYING P.C. SHADY GROVE MITIGATION SITE x x x x x x x x x x x x x x x Riparian Buffer Credit: SQ. FT. Acres Streams & Ditches 37,629 0.864 Buffer Restoration 13,775 0.316 0'-100' (Subject) Buffer Restoration 15,932 0.366 0'-100' (Non -Subject) Nutrient Offset 90,166 2.07 101'-200' (Subject) Nutrient Offset 29,237 0.671 101'-200' (Non -Subject) Nutrient Offset 2111491 4.855 0'-100' (Non -Subject, Ditch) Nutrient Offset 223,765 5.137 101'-200' (Non -Subject, Ditch) Buffer Preservation 137,815 3.164 0'-100' (Subject) Buffer Preservation 16,806 0.386 101'-200' (Subject) Buffer Preservation 18,013 0.413 0'-100' (Non -Subject) Buffer Preservation 41031 0.092 101'-200' (Non -Subject) No Credit 65,100 1.495 Total CE Area 863J57 19.829 THIS MAP 15 NOT FOR RECORDATION, SALES, OR CONVEYANCES AND DOES NOT COMPLY WITH G.S. 47-30 MAPPING REQUIREMENTS. a0 O N xz�ON OQN �'v m 0 3 - OQm 3� �z 3v z a W 0 0 TZ W Q W Z O O Of LL — z < U) Q Z w ~ ' OZ Q �W w w LL r n z V LL m M LU p 0 U LL O z U_W z N Q w O>� 0 oco:) O04 a J N Z Z Q t 30 D oZ � m a w v) � o 0 Q � m 6/8/2023 URVEYE SD By SEE NOTE #8 DRAWN BY'. EGT REVIEWED BY. EGT RES PROJECT: 102786 FILE: SHADY GROVE BUFFER AB F SCALE:,„ _ 200' SHEET 1 of 2 \ \\�\\11111111// CARo pFESS/6.. y' SEAL < _ -� L-4440 SHADY GROVE MITIGATION SITE NOW OR FORMERLY DOUGLA5 ALLEN JERNIGAN AILEEN K JERNIGAN PARCEL ID: 25G3GG24G9 DEED BOOK: 2832 PAGE: 255 LINL LLULNU: CE CONSERVATION EASEMENT __...,_ ......... ................ RIGHT—OF—WAY —PROPERTY LINE ----------_TOP OF BANK (BY OTHERS) --------- ----- TREELINE NOTE: SEE SHEET I FOR GENERAL NOTES AND BU FFER AREA SUMMARY. THIS MAP IS NOT FOR RECORDATION, SALES, OR CONVEYANCES AND DOES NOT COMPLY WITH G.5. 47-30 MAPPING REQUIREMENTS. 200' 0' 200' 400' SCALE: 1 inch = 200 feet (110 7) It U M x Z 0 L: m000 3— OQm 3� �zm 3v J Q 4) Z a Q 0 5 w ¢ N Q 11' Z O O Z U 0 w 0> z Cr a w LU w W C.� Z LL. LL. } m Cl) w C O o G LL w Z 1L W w W Q N O rn O O ' ^ V o a_ N J Z Z Q a o O 1- a al? a w y w wo CO 0 J O a 0 m DATE: 6/8/2023 SURVEYED BY: SEE NOTE #8 DRAWN BY: EGT REVIEWED BY: EGT RES PROJECT: 102786 FILE: SHADY GROVE BUFFER AB F SCALE:,„ _ ZOO, SHEET 2 o f 2