20070747 Ver 1_Mitigation Information_20091023

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October 21, 2009 DENR • WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Mr. Eric Kulz
Environmental Senior Specialist
NCDENR-DWQ
Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699
09-09q?
Re: As-Built Survey for Flat Swamp Neuse River Riparian Buffer and Nutrient Off-Set
Mitigation Bank
Dear Eric,
Please find enclosed 3 copies of the as-built survey for the Flat Swamp Neuse River
Riparian Buffer and Nutrient Off-Set Mitigation Bank in Craven, Co., NC. As discussed
previously we have included on the as-built survey:
1.) Property Boundary
2.) USACE/DWQ Jurisdictional Waters
3.) Neuse River Buffers
4.) Nutrient Off-Set Buffers
5.) Other Site Features Relevant to the Project
6.) CVS Vegetation Plot Locations
Please note the following; as of the end of the first growing season for the project (2009),
we have completed full construction by planting the site with nearly 250K bare root tree
seedlings on a 7x10 spacing (-622 trees/ac) consisting of character species proposed in
the BPDP (2009). We are happy to advise that the first growing season has produced a
healthy and vigorous stand of character trees. Species planted are seen in Table 1 below.

Craven County
Planting Zone Area Zone Recommended Plant Species (Character Trees)

Zone (Acres) Description Scientific Name Common Name
Cephalanthus occidentalis Buttonbush
Included in Stream/Ditch Fraxinus pennsylvanica Green ash
1 Zone 2 Bank Cornus amomum Silky dogwood
acreage Nyssa sylvatica Swamp Blackgum
Taxodium distichum Bald cypress
Quercus shumardii Shumard oak
Quercus bicolor Swamp white oak
Neuse River Quercus lyrata Overcup oak
Buffer Quercus laurifolia Laurel oak
2 20.34 acres (Riparian) Fraxinus pennsylvanica Green ash
(<51 ft.) Quercus michauxii Swamp chestnut oak
Quercus pagoda Cherrybark oak
Quercus nigra Water oak
Quercus phellos Willow oak
Nutrient Quercus shumardii Shumard oak
Offset Buffer Quercus bicolor Swamp white oak
(Non- Quercus lyrata Overcup oak
3 285.91 acres Riparian) Quercus laurifolia Laurel oak
(0-200 ft. and Quercus michauxii Swamp chestnut oak
>51 ft. Quercus pagoda Cherrybark oak
buffers) Quercus nigra Water oak
uercus hellos Willow oak
Black willow, loblolly bay, and sweet bay were not planted due to seedling availability.
However, volunteer examples of all three species are growing along stream and ditch
banks as seen during the baseline vegetation survey. River birch and hackberry were also
not planted due to seedling availability and a decision that they were not appropriate for
these soils and site conditions during construction and oversight.
Based on baseline vegetation plot data from thirty eight (38) one (1)-are plots tree
survival is between 13 and 18 trees/1-are equating to 526 to 728 trees/ac (85-100%
survival). Our target goal is 320 trees/ac. at the end of 5 years. Baseline vegetation data
shows there has been significant leaf and stem growth establishing that the tree planting
was successful during the critical period following construction. Continued monitoring
of the site shows additional leaf and stem growth that will be recorded at the end of the
growing season in the first annual monitoring report. The first annual monitoring report
will be completed this fall and submitted prior to December 1, 2009.
It should be noted that the as-built acreage for Neuse River buffer credits and nutrient
off-set buffer credits has changed and should be amended in the existing signed MBI
credit ledger. NBCs have increased slightly to 20.34 acres. And NOCs have increased as
well to 285.91 acres. A draft ledger for review and signature for each credit type is
enclosed.
The as-built survey figure reflects all aspects of the Bank relative to State NBC and NOC
restoration. This includes 401/404 wetlands and streams, road footprints, Neuse River
Buffers along subject streams, installed vegetation plots and areas defined by the IRT
Bank for wetland and stream restoration/enhancement. As discussed prior to submittal
the wetland restoration proposed for the IRT Bank has been moved to the southern
portion of the property contiguous with a large expanse of protected wetlands adjacent to
Dover Bay. These changes occurred based on field conditions that warranted a relocation
of the wetland restoration site. This adjustment is justified by hydrologic data and
resulting ecological connectivity from the restoration activities and eliminates concerns
of stream restoration/enhancement actions on adjacent restored wetlands at the previous
location selected and proposed.
Also included with this as-built survey submittal are the signed conservation easement
(CE) and letter of credit (LOC) for the project. Enclosed is the executed and recorded
conservation easement. The recording references will be provided as soon as they are
received from the Clerks office. Also enclosed is a letter of credit to provide the financial
assurance for the maintenance and monitoring until final close-out. The maintenance and
monitoring period has commenced and will continue for 5 growing seasons or until final
review and project release.
We look forward to your response accepting this submission of the as-built survey, CE,
and LOC for the Flat Swamp Neuse River Riparian Buffer and Nutrient Off-Set
Mitigation Bank. We are also requesting at this point that you provide notice that 50% of
the approved credits in the Bank are authorized for release. Please let us know if you
need additional information. Thanks.
Best Regards,

Scott J. Frederick, EI, NCLSS
Environmental Scientist
President
Vic
Soil, Water, & Environment
Group
Research Building I, Centennial Campus
1001 Capability Dr., Suite 312
Raleigh, NC 27606
Ph [phone]
Fax [phone]
Cell [phone]
sifrederi ckgswegrp.com
www.sweg_rp.com
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F ANNAPOLIS
COMMUNITY
BANK
A DIVISION OF AMfRICASSANK
October 9, 2009
S'
0rT?3Z009
UENR • WATER UUAUTY
WETLANDS AND STORMWATER BRANCH
IRREVOCABLE LETTER OF CREDIT
BENEFICIARY:
North Carolina Department of Environment and Natural Resources
Division of Water Quality
2321 Crabtree Boulevard
Suite 250
Raleigh, North Carolina 27604
ATTN: Mr. Eric Kulz
Dear Sir or Madam:
We hereby establish our Irrevocable Standby Letter of Credit No 68331 in your favor, at the request
and for the account of GreenVest /Flat Swamp LLC, 726 Second Street, Suite 3B, Annapolis,
Maryland 21403, up to the aggregate amount of One Hundred Thousand U.S. dollars ($100,000.00
United States Dollars) available upon presentation of your sight draft, bearing reference to this
Letter of Credit No.68331.
Funds hereunder are available to you against presentation of your sight draft(s), drawn on us,
mentioning thereon our Letter of Credit No. 68331 accompanied by the following
documentation:
YOUR DATED STATEMENT, signed by the Director, North Carolina Department of
Environment and Natural Resources: Division of Water Quality as follows:
"The undersigned hereby certifies that The North Carolina Department of Water Quality has the
right to draw down the amount of USD $100,000.00 against Letter of Credit No. 68331, in
accordance with the Mitigation Banking Instrument ("MBI') entitled, Flat Swamp Neuse River
Riparian Buffer and Nutrient Offset Mitigation Banking Instrument, to provide for the completion
of construction implementation and monitoring activities as authorized and required by the MBI as
GreenVest /Flat Swamp LLC has failed to perform such activities as required and is in default."
1419 FOREST DRIVE. SUITE 10 I4NNAPOLIS. MARYLAND 21403
www.annapoliscommunitybank.com
SPECIAL INSTRUCTIONS:
'l'he proceeds of any draft (s) drawn on this letter of credit shall not be raid to the Beneficiary. The
proceeds shall be paid to any person - except any individual or entity listed on the OFFICE OF
FOREIGN ASSETS CONTROL SPECIALLY DESIGNATED NATIONALS AND
BLOCKED PERSONS report - identified by the Director, Division of Water Quality. North
Carolina Department of Ianvironrnent and Natural Resources in an Assignment of Proceeds of
Standby Letter of Credit and Request for Issuer's Consent in the fornn attached hereto as Exhibit
"A". Acknowledgment ofsuch instructions of assignment of proceeds is subject to our approval and
will not be unreasonably withheld.
This letter of credit is effective as of October 9. 2009 and shall expire on October 9. 2010 but
such expiration date shall be automatically extended without amendment for additional periods
ol'one (1) year from the present or future expiration date, unless at least one hundred twenty days
(120) days before an expiration date, we notify you by certified mail or overnight courier, that
we have decided not to extend this letter of'credit for any such additional period. In the event
you are so notified, any unused portion of the credit shall he available upon presentation of your
sight draft, and your written and dated statement stating that you have received an election not to
renew from and no satisfactory replacement letter of credit has been received from thirty days
(30) before the stated expiration ofthe letter ofcrcdit.
Whenever this letter ofcrcdit is drawn on under and in compliance with the terms of this credit, we
shall duly honor such draft upon presentation to us, and we shall pay the amount of the draft as
instructed at time of presentation.
Except as far as otherwise expressly stated herein, this Standby is subject to the International
Standby Practices ("ISP98"), International Chamber 01'Commerce Publication No. 590, and as
to matters not addressed by the iS1198, shall be governed by and construed in accordance with
the laws of the State of Maryland and applicable U.S. Federal law.
Sincerely.
Eric Edstrom
President, Anuapolk Community Bank,
A divisiofr of A inericasBA NK
2
Authorized Signature(s)
EXHIBIT A
ASSIGNMENT OF PROCEEDS OF STANDBY LETTER OF CREDIT
AND REO VEST FOR ISSUER'S CONSENT
DATE:
*NAME FINANCIAL INSTITUTION
*ADDRESS
Re: Your Letter of Credit No.
Ladies/Gentlemen:
The undersigned beneficiary of the captioned letter of credit issued by you (the "Credit") hereby
assigns to the Assignee named below the proceeds of the undersigned beneficiary's drawing(s)
payable to the undersigned beneficiary under the Credit, and instructs you to remit the proceeds of
such drawing(s) presented to you, if and when honored under the Credit, as follows:
Exact Name of Assignee:
Complete Address of Assignee:
Payment Instructions for Assignee: Account No. , Name of
Bank. , ABA No.
The amounts or portions assigned and to be paid to Assignee are as follows (check/complete only
one):
? All drawings under the Credit, without limit.
? The sum of in the aggregate of the next drawing(s)
under the Credit until such sum has been paid.
? % of the amount of each of the next drawing(s) under the Credit,
but not exceeding in the aggregate.
? Other (specify):
In the event that this Assignment does not apply to the full proceeds of the Credit, pay the balance
of the proceeds, if any, as directed by the undersigned.
The undersigned beneficiary requests your consent to this Assignment, and in consideration thereof,
the undersigned beneficiary agrees that this Assignment is irrevocable and cannot be cancelled or
amended without the written agreement of the Assignee and you.
The undersigned beneficiary transmits to you herewith the original Credit, including any and all
accepted amendments, and requests that you endorse thereon the foregoing Assignment and dispose
of the Credit as follows (checklcomplete only one):
? Return it to the undersigned beneficiary.
? Send it to
? Retain it in your records.
In the event of multiple assignments, the undersigned beneficiary authorizes you to pay in order of
your receipt of or consent to such assignments.
To cover your assignment of proceeds fee of .XX % of assigned amount, deduct such fee from the
disbursement under the Credit.
This Assignment, and your consent thereto, (i) is not a transfer of the Credit, (ii) does not give the
Assignee any right to draw on the Credit or to consent or to refuse to consent to amendments to the
Credit or to the cancellation thereof, (iii) does not affect whether the undersigned beneficiary can
transfer its right to draw on the Credit, and (iv) does not affect the undersigned beneficiary's right to
draw on the Credit or the undersigned beneficiary's or your right to consent or to refiase to consent
to amendments to the Credit or to the cancellation thereof.
4
The undersigned beneficiary represents and warrants to you that: (i) other than as set forth above,
the undersigned beneficiary has not and will not, by transfer or assignment of the Credit, by
negotiation of drafts, by drawing drafts to a third party, or otherwise, assign the right to receive the
whole or any portion of the above proceeds of the Credit or give any other authorization or direction
to make any payment thereof to any other party; (ii) the undersigned beneficiary has not and will
not, without your prior written consent, present to anyone but you any documents under the Credit;
(iii) the undersigned beneficiary's and applicant's execution, delivery, and performance of this
Assignment (a) are within their respective powers, (b) have been duly authorized, (c) do not
contravene any charter provision, by-law, resolution, contract, or other undertaking binding on or
affecting the undersigned beneficiary or applicant or any of the undersigned beneficiary or
undersigned applicant's properties, (d) do not violate any applicable domestic or foreign law, rule,
or regulation, and (e) do not require any notice, filing, or other action to, with, or by any
governmental authority; (iv) this Assignment has been duly executed and delivered by the
undersigned beneficiary and undersigned applicant and is the undersigned beneficiary's and
undersigned applicant's legal, valid, and binding obligation (as applicable); and (v) the transactions
underlying the Credit (including any shipment of goods or provision of services and any related
financial arrangements) and this Assignment do not violate any applicable United States or other
law, rule, or regulation.
The undersigned beneficiary agrees to immediately return to you any assigned proceeds of the
Credit inadvertently paid to the undersigned beneficiary.
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK]
5
This Assignment is made subject to the practice rules (e.g., UCP500 or ISP98 to which the Credit is
subject) and shall be governed by the laws of the State of WAME OFSTATE.
SIGNATURE GUARANTEED:* Very truly yours,
(Name of Bank Guaranteeing Beneficiary 's
Signature)
(Authorized Signature)
(Print or Type Signer's Name and Title)
(Address of Bank)
(Telephone Number of Bank)
(Name of Beneficiary)
(Authorized Signature)
(Print or Type Signer's Name and Title)
(Address of Beneficiary)
(Telephone Number of Beneficiary)
*The beneficiary's signature, with title as stated herein, conforms with that on file with us, and is
authorized for the execution of this Assignment.
6
CONSENT TO ASSIGNMENT OF PROCEEDS OF LETTER OF CREDIT
The undersigned, as issuer of the captioned letter of credit, hereby consents to the foregoing
Assignment of Proceeds of Letter of Credit as of (insert date and time):
Very truly yours,
(Name of Issuer)
(Authorized Signature)
(Print or Type Signer's Name and Title)
ACKNOWLEDGEMENT AND AGREEMENT OFAPPLICANT
The undersigned as applicant of the captioned letter of credit, hereby acknowledges and agrees to
be bound by the representations, warranties and indemnification obligations in the Assignment of
Proceeds of Letter of Credit applicable thereto as of (insert date and time):
Very truly yours,
(Name of Applicant)
(Authorized Signatory)
(Print or Type Signer's Name and Title)
7
EXHIBIT A
Schedule A
JItiMY P. DAVIS and ANN H. DAVIS TRA-
All that certain tract or parcel of land lying and being
situate in Number Three Township, Craven County, North
Carolina and being more particularly described as
follows:
Being all of Tract No. 2 consisting of 233.34 acres as
same is shown and delineated on a map entitled "Survey
for Larry V. Hogan" by W. E. Matthews, R.L.S., dated
December 21, 1993, said map being recorded in Plat
Cabinet _T, Slide _ 161 ?} in the office of the
Register of Deeds of Craven County, reference to said map
being hereby made and the same being incorporated herein
by reference for a more perfect description of the
property and easements herein conveyed.
This conveyance is made together with, and/or subject to,
the.following:
(1) Hodges Road Access Easement - Together with a non-
exclusive, perpetual, right of way and easement for
all purposes set forth in the instruments recorded
in Book 1312, Page 728; Book 1312, Page 732; and
Book 1312, Page 736 to and from the property
described above to and from NCSR #1263 over the
Hodges Road, said easement being described by
instruments recorded in Book 1312, Page 728; Book
1312, Page 732; and Book 1312, Page 736 in the
office of the Register of Deeds of Craven County
and also being described by a map entitled "Survey
for Larry V. Hogan -. Ingress & Egress," by
W. E. Matthews, R.L.S. dated January 13, 1994, a
copy of which is attached hereto as Exhibit A and
incorporated herein by reference for a more perfect
description of said easement.
(2) Access Road over Hogan Property - Together with a
non-exclusive, perpetual, right of way and easement
for the purposes of ingress, egress, regress,
access, utilities and further subdivision to and
from the above described property to and from the
Hodges Road Access Easement described in paragraph
1 above (said easement extends from the northern
terminus of the Hodges Road Access Easement
described in paragraph 1 above in a northerly and
easterly direction to the western line of the
property hereinabove described and conveyed). Said
easement is described by map entitled "Survey for
Jimmy Davis, Myron Davis and Larry V. Hogan -
Ingress & Egress" by W. E. Matthews, R.L.S., a copy
of which is attached hereto as Exhibit B and
incorporated herein by reference for a more perfect
description of said easement.
II 11111IM 100111 111
Image 10: 1o000t4384t8 Type: CRP
Q QPage 3 of 8
8KCM741 Pa835
(3) Joint Davis - Hogan Access Easement - Together with
and subject to a non-exclusive, perpetual, right of
way and easement for the purposes of ingress,
egress, regress, access, utilities and further
subdivision by both the grantor and grantee and
their heirs, successors and assigns. Said easement
is appurtenant to Tract No. 1 and Tract No. 2 as
shown on the map recorded in Plat Cabinet ,
Slide I&I and to the remaining property of
Larry V. Hogan. Said easement is 25 feet in width
and its centerline is described as follows:
BEGINNING at a point which lies the following
courses and distances from the southwestern corner
of Tract No. 2 and the northwestern corner of Tract
No. 1 as shown on the map recorded in Plat
Cabinet *_, Slide 14 I A _: South 130 31' 9" West
182.6 feet and South 00 10' 13" West 976.50 feet.
THENCE FROM THIS POINT OF BEGINNING SO LOCATED
North 00 10' 13" East 976.50 feet to an iron pipe;
thence North 13° 31' 9" East 182.60 feet to an iron
pipe; thence North 00 32' 59" East 2,518 feet to an
iron pipe; and thence North 00 5' 4" East 2,334.79
feet to the northwestern corner of Tract No. 2.
(4) Drainage Easement - Eastern Line Tracts_ Nos. 1
and 2 - Together with and subject to a non-
exclusive, perpetual easement for drainage purposes
in and to the ditches which extend along the
eastern line of Tract No. 2 and Tract No. 1 as same
are shown and delineated on the map recorded in
Plat Cabinet .:r , Slide 14111 . Those parties
making use of the said ditches shall be
responsible, jointly, for the maintenance and
repair of said ditches and shall have the right to
travel up and down the sides of said ditches to
perform such maintenance and repair.
(5) Drainage Easement over Tract No. 3 - Together with
a non-exclusive, perpetual easement for drainage
purposes in and to the ditch which extends along
the woods line through Tract No. 3 as shown and
delineated on the map recorded in Plat
Cabinet ?r_ , Slide _141A - from the southeastern
corner of Tract No. 2 in an easterly direction
through Tract No. 3 to the northeastern corner of
Tract No. 3. Said Tract No. 2 and Tract No. 3 are
shown and delineated on the map recorded in Plat
Cabinet Slide 14P IA. Those parties making
use of said ditch shall be responsible, jointly,
for the maintenance and repair of said ditch and
shall have the right to travel up and down the
sides of said ditch to perform such maintenance and
repair.
The aforesaid easements are appurtenant to the above described
property and shall run with the land. 1qMM1111111111M1111
Image ID: N=14384!7 Type: etas
Page 4 of 6
SK2741 Pa836
Imegs I0: IMM1438425 TYPO: CRP
2741 841 of 4
SCHEDULE A ? Pa
LEGAL DESCRIPTION
BEGINNING at an existing iron pipe which is located the following three (3) courses and
distances from the intersection of the centerlines of North Carolina State Road 1262 (Dover -
Fort Barnwell Road, a paved public right-of-way 60 feet in width) and North Carolina State
Road 1258 (Jonestown Road, a paved public right-of-way): (a) along and with the centerline of
North Carolina State Road 1262, in a southwesterly direction, 0.7 miles to a point which is 44.94
feet short of a nail in a culvert under the centerline of said road; (b) leaving the centerline of said
road, South 01° 38' 52" West 3,370.48 feet to an existing iron pipe; and (c) South 00° 03' 02"
West 2,439.15 feet to an existing iron pipe in a farm road at a common corner with land either
now or formerly owned by Weyerhaeuser Company and acquired by deed recorded in Book
1628, at Page 10 in the Office of the Register of Deeds of Craven County, North Carolina, the
same being the true POINT AND PLACE OF BEGINNING; thence along and with the common
Weyerhaeuser boundary, the following seven (7) courses and distances: (a) along and with said
farm road, South 88° 57'24" West 2,091.66 feet to an existing iron pipe; (b) along and with said
farm road. South 00° 05'04" West 2,334.79 feet to an existing iron pipe; (c) along and with said
farm road, South 000 32' 59" West 2,518.00 feet to an existing iron pipe; (d) along and with said
farm road South 13° 31' 09" West 182.60 feet; (e) along and with said farm road, South 31 ° 08'
21" East 17.63 feet; (f) leaving said farm road, South 00° 10' 13" West 976.50 feet in a ditch; and
(g) along and with said ditch, South 22° 13' 30" West 1,090.46 feet to an existing iron pipe in a
common boundary with land either now or formerly owned by Betty Hazelwood, acquired by
deed recorded in Book 212, at Page 70 and shown on a plat recorded in Plat Cabinet A, at Slide
117-B, all in the Office of the Register of Deeds of Craven County, North Carolina; thence
leaving the common Weyerhaeuser boundary and along and with a common Hazelwood
boundary, the following three (3) courses and distances: (a) South 65° 25' 21" East 1,934.81 feet
to a railroad iron; (b) North 62° 5627" East 2,079.09 feet to an existing iron pipe; and (c) North
490 21' 03" West 1,503.67 feet to an existing iron pipe at a common corner with land either now
or formerly owned by Guy Warmack Estate, acquired by deed recorded in Book 1406, at Page
797 and shown on a plat recorded in Plat Cabinet F, at Slide 161-A, all in the Office of the
Register of Deeds of Craven County, North Carolina; thence leaving the common Hazelwood
boundary and along and with a ditch and the common Wanmack boundary, the following five (5)
courses and distances: (a) North 00° 44' 15" East 1,017.41 feet to a point; (b) South 89° 16' 21"
East 59.16 feet to a point; (c) North 00° 23'46" West 687.07 feet to a point; (d) North 00° 48' 26"
East 1,249.11 feet to a point; and (e) North 000 24' 59" East 2,981.27 feet to the POINT AND
PLACE OF BEGINNING, containing approximately 386.63 acres, more or less, as shown and
delineated on that certain Survey for Greenvest LLC, dated February 21, 2008 and prepared by
William Edward Matthews (L-1282) of Matthews Surveying PLLC.
'I'OGE1'HER WI1'H non-exclusive and perpetual easements and rights-of-way for ingress,
egress, access, utilities and further subdivision between the aforesaid property and North
Carolina State Road 1263 (Lofton Farm Road, a paved public right-of-way 60 feet in width) in
the area described as follows: BEGINNING at an existing iron pipe which is located the
following six (6) courses and distances from the intersection of the centerlines of North Carolina
State Road 1262 (Dover - Fort Barnwell Road, a paved public right-of-way 60 feet in width) and
North Carolina State Road 1258 (Jonestown Road, a paved public right-of-way): (a) along and
with the centerline of North Carolina State Road 1262, in a southwesterly direction, 0.7 miles to
a point which is 44.94 feet short of a nail in a culvert under the centerline of said road; (b)
leaving the centerline of said road, South 01° 38'52" West 3,370.48 feet to an existing iron pipe;
(c) South 000 03' 02" West 2,439.15 feet to an existing iron pipe in a farm road at a common
corner with land either now or formerly owned by Weyerhaeuser Company and acquired by deed
recorded in Book 1628, at Page 10 in the Office of the Register of Deeds of Craven County,
North Carolina; (d) along and with the common Weyerhaeuser boundary and said farm road,
South 880 57' 24" West 2,091.66 feet to an existing iron pipe; (e) along and with the common
Weyerhaeuser boundary and said farm road, South 00° 05' 04" West 2,334.79 feet to an existing
iron pipe; and (0 along and with the common Weyerhaeuser boundary and said farm road, South
00° 32' 59" West 2,518.00 feet to an existing iron pipe, the same being the true POINT AND
PLACE OF BEGINNING; thence back up the common Weyerhaeuser boundary and said farm
road, North 00"32' 59" East 103.41 feet to a point; thence leaving the common Weyerhaeuser
boundary, North 890 27' 01" West 30.00 feet to a point; thence South 00° 32' 59" West 100.00
feet to a point; thence South 13° 31' 09" West 170.71 feet to a point; thence North 89° 26' 56"
West 1,891.66 feet to a point; thence North 82° 29'23" West 202.51 feet to a point; thence South
890 06' 04" West 248.35 feet to a point; thence South 610 46' 09" West 110.20 feet to a point;
thence South 31° 48' 42" West 235.10 feet to a point; thence South 300 56' 26" West 1,371.65
feet to a point; thence North 190 04' 17" West 11.80 feet to a point; thence South 30° 01' 24"
West 296.08 feet to a point; thence North 77° 35' 29" West 329.70 feet to a point; thence North
850 21' 32" West 299.70 feet to a point; thence North 790 36' 59" West 521.07 feet to a point;
thence North 88° 02' 19" West 290.48 feet to a point; thence South 60° 04'29" West 126.21 feet
to a point; thence South 40° 40' 24" West 517.15 feet to a point; thence South 21° 36' 39" West
408.98 feet to a point; thence South 580 51' 39" West 85.47 feet to a point; thence North 76° 48'
36" West 392.68 feet to a point; thence South 76° 26' 24" West 128.54 feet to a point; thence
South 340 47' 49" West 504.15 feet to a point; South 30° 50' 59" West 990.68 feet to a point in
the eastern margin of the right-of-way of North Carolina State Road 1263 (Lofton Farm Road, a
paved public right-of-way 60 feet in width); thence along and with the eastern margin of the
right-of-way of said state road, South 33° 32' 46" East 55.44 feet to a point; thence leaving the
eastern margin of the right-of-way of said state road, North 30° 50' 59" East 1,012.92 feet to a
point; thence North 34° 47' 49" East 483.41 feet to a point; thence North 76° 26' 24" East 97.64
feet to a point; thence South 76° 48' 36" East 401.16 feet to a point; thence North 58° 51' 39" East
122.64 feet to a point; thence North 21° 36'39" East 417.44 feet to a point; thence North 400 40'
24" East 508.67 feet to a point; thence North 60° 04'29" East 105.21 feet to a point; thence South
880 02' 19" East 281.72 feet to a point; thence South 79° 36' 59" East 522.25 feet to a point;
thence South 85° 21"32" Last 300.59 feet to a point; thence South 77° 35' 29" East 335.30 feet to
a point; thence North 30° 01' 24" East 274.78 feet to a point; thence North 19° 04' 17" West
15.20 feet to a point; thence North 30° 5626" East 1,406.37 feet to a point; thence North 310 48'
42" East 217.07 feet to a point; thence North 610 46' 09" East 94.88 feet to a point; thence North
89° 06' 04" East 231.05 feet to a point; thence South 82° 29' 23" East 211.65 feet to a point;
thence South 890 26'56" Fast 1,928.25 feet to an existing iron pipe in the common Weyerhaeuser
boundary; thence along and with the common Weyerhaeuser boundary, North 31 ° 08' 21 " West
17.63 feet to an existing iron pipe; thence along and with the common Weyerhaeuser boundary,
North 130 31' 09" East 182.60 feet to the POINT AND PLACE OF BEGINNING, as shown and
delineated on that certain Survey for Greenvest I.LC, dated February 21, 2008 and prepared by
William Edward Matthews (L-1282) of Matthews Surveying PLLC.
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TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the
aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year
first above written.
GRANTOR:
Witness
GRANTEE:
1
By: Dougta Lashley
Managing Member
VG'ito . s
GREENVEST ""PLAT SWAMI' LLC
t
GREENTRUST ALLIANCE., I )IC.
By: Doug as Frederick
Executive Director

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CENR - WATER QUALITY
"E i LANDS AND STORMWATER BRANCH
= \Z9 Um u v Um 13
Ul OCT 2 3 2009 f
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
CONSERVATION EASEMENT
PERMANENT CONSERVATION EASEMENT
4 ? - 01,9 q?
THIS CONSERVATION EASEMENT("Conservation Easement") made this ?, day
of October, 2009 by and between GreenVest/Flat Swamp, LLC, ("Grantor") and GreenTrust
Alliance, Inc. (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
Craven County, North Carolina, more particularly described in Exhibit A attached hereto and
incorporated herein ("Property").
WHEREAS, Grantee is a nonprofit corporation or trust whose purpose is the
conservation of property and is qualified to be the Grantee of a conservation easement pursuant
to N.C. Gen. Stat. § 121-35;
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic
value of the property in its restored and conserved state pursuant to the Neuse Buffer and
Nutrient Offset Buffer Mitigation Plans dated February 2009 and adopted in the Mitigation
Banking Instrument signed by the North Carolina Department of Environment and Natural
Resources: Division of Water Quality dated June 15, 2009 (Restoration Plan). The purpose of
this Conservation Easement is to maintain wetland and/or riparian resources and other natural
values of the Property, and prevent the use or development of the Property for any purpose or in
any manner that would conflict with the maintenance of the Property in its restored condition.
NOW. THEREFORE, for and in consideration of the covenants and representations
contained herein and for other good and valuable consideration, the receipt and legal sufficiency
of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and
conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation
Easement of the nature and character and to the extent hereinafter set forth, over the Property
described on Exhibit A, together with the right to preserve and protect the conservation values
thereof, as follows:
ARTICLE I
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This conservation Easement is an
easement in 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 11
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purpose of this Conservation
Easement is prohibited. The property shall be preserved in its natural condition and restricted
from any development that would impair or interfere with the conservation values of the
Property.
Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of
the natural features of the Property or any introduction on non-native plants and/or
animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home,
asphalt or concrete pavement, billboard or other advertising display, antenna, utility
pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent
structure or facility on or above the Property. The only construction authorized is that
approved under the Restoration Plan or hereafter allowed by the United States Army
Corps of Engineers (USACOE) and the IRT with regard to the enhancement and
restoration of certain wetlands on the Property to be authorized under a Mitigation
Bank Instrument to be issued by the USACOE under Section 404 (b)(1) and 401 of
the Clean Water Act.
C. Industrial. Commercial and Residential Use. Industrial, residential and/or commercial
activities, including any right of passage for such purposes are prohibited.
D. Agricultural. Grazing, and Horticultural Use. Agricultural, grazing, animal husbandry,
and horticultural use of the Property are prohibited.
E. Ve eg tation. There shall be no removal, burning, destruction, harming, cutting or
mowing of trees, shrubs, or other vegetation on the Property.
F. Rods and Trails. There shall be no construction of roads, trails or walkways on the
property; nor enlargement or modification to existing roads, trails or walkways. i
G. S ggggg. No signs shall be permitted on or over the Property, except the posting of no
trespassing signs, signs identifying the conservation values of the Property, signs
giving directions or proscribing rules and regulations for the use of the Property
and/or signs identifying the Grantor as owner of the property!
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or

hazardous waste, or any placement of underground or aboveground storage tanks or
other materials on the Property is prohibited.
I. Excavation. Dredging or Mineral Use. There shall be no grading, filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals
or other materials, and no change in the topography of the land in any manner on the
Property, except to restore natural topography or drainage patterns unless consistent
with Article II B above.
J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling filling, leveling, pumping, impounding or relate 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 unless
consistent with Article II B above.
K. Development Rig ts. No development rights that have been encumbered or
extinguished by the Conservation Easement shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or may
become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems, is
prohibited.
ARTICLE III
GRANTOR'S RESERVED RIGHTS
The Grantor expressly reserves for himself, it's successors and or assigns, the
right to continue the use of the property for all purposes not inconsistent with this
Conservation Easement, including, but not limited to the right to enhance and restore the
streams and wetlands located within the Property, the right to quiet enjoyment of the
Property, the rights of ingress and egress, the right to hunt, fish, and hike on the Property,
the right to sell, transfer, gift or otherwise convey the Property, in whole or in part,
provided such sale, transfer, or gift conveyance is subject to the terms of, and shall
specifically reference, this Conservation Easement.
ARTICLE IV
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and the
Corps, shall have the right to enter the Property at all reasonable times for the purpose of
inspecting said property to determine if the Grantor, or it's, successors, or assigns, is
complying with the terms, conditions, restrictions, and purposes of this Conservation
Easement. The Grantee in conjunction with oversight and approval of the State of North
Carolina shall be responsible for enforcing the terms of this easement. The Grantee shall
also have the right to enter and go upon the Property for purposes of making scientific or
educational observations and studies, and taking samples.
ARTICLE V
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee is allowed to prevent any
activity on or use of the Property that is inconsistent with the purposes of this
Easement and to require the restoration of such areas or features of the Property that
may be damaged by such activity or use. Upon any breach of the terms of this
Conservation Easement by Grantor that comes to the attention of the Grantee, the
Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 30
days after receipt of such notice to correct the conditions constituting such breach. If
the breach remains uncured after 30 days, the Grantee may enforce this Conservation
Easement by appropriate legal proceedings including damages, injunctive and other
relief. Notwithstanding the foregoing, the Grantee reserves the immediate right,
without notice, to obtain a temporary restraining order, injunctive or other appropriate
relief if the breach of the term of this Conservation Easement is or would irreversibly
or otherwise materially impair the benefits to be derived from this Conservation
Easement. The Grantor and Grantee acknowledge that under such circumstances
damage to the Grantee would be irreparable and remedies at law will be inadequate.
The rights and remedies of the Grantee provided hereunder shall be in addition to,
and not in lieu of, all other rights and remedies available to Grantee in connection
with this Conservation Easement. The costs of a breach, correction or restoration,
including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by
Grantor, provided Grantor is determined to be responsible for the breach. The Corps
shall have the same right to enforce the terms and conditions of this easement as the
Grantee.
B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or any other covenant, condition, or provision
hereof or affect the right to Grantee to enforce the same in the event of a subsequent
breach or default.
C. Nothing contained in this Conservation Easement shall be construed to entitle
Grantee to bring any action against Grantor for any injury or change in the Property
resulting from causes beyond the Grantor's control, including, without limitation, fire,
flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or
from any prudent action taken in good faith by Grantor under emergency conditions
to prevent, abate, or mitigate significant injury to life, damage to property or harm to
the Property resulting from such causes.
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 Conservative Easement, and that Grantor will warrant and
defend title to the Property against the claims of all persons.
B. .baNuent Transfers. The Grantor agrees to incorporate the terms of this
Conservation Easement in any deed or other legal instrument that transfers any
interest in all or a portion of the Property. The Grantor agrees to provide written
notice of such transfer at least thirty (30) days prior to the date of the transfer. The
Grantor and Grantee agree that the term of this Conservation Easement shall survive
any merger of the fee and easement interests in the Property or any portion thereof
and shall not be amended, modified or terminated without the prior written consent
and approval of the Corps.
C. Assign=. The parties recognize and agree that the benefits of this Conservation
Easement are in gross and assignable provided, however that the Grantee hereby
covenants and agrees, that in the event it transfers or assigns this Conservation
Easement, the organization receiving the interest will be a qualified holder under N.C.
Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the
Grantee further covenants and agrees that the terms of the transfer or assignment will
be such that the transferee or assignee will be required to continue in perpetuity the
conservation purposes described in this document.
D. Entire Agreement and Severability. This instrument sets forth the entire agreement of
the parties with respect to the Conservation Easement and supersedes all prior
discussions, negotiations, understanding 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
5
provided herein Nothing herein shall relieve the Grantor of the obligation to comply
with federal, state or local laws, regulations and permits that maybe apply to the
exercise of the Reserved Rights.
F. Extinguishment. In the event that changed conditions render impossible the continued
use of the Property for the conservation purposes, this Conservation Easement may
only be extinguished, in whole or in part, by judicial proceedings.
G. Eminent Domain. Whenever all or part of the Property is taken in the exercise of
eminent domain so as to substantially abrogate the Restrictions imposed by this
Conservation Easement, Grantor and Grantee shall join in appropriate actions at the
time of such taking to recover the full value of the taking, and all incidental and direct
damages due to the taking.
H. Proceeds. This Conservation Easement constitutes a real property interest
immediately vested in Grantee. In the event that all or a portion of this Property is
sold, exchanged, or involuntarily converted following an extinguishment or the
exercise of eminent domain, Grantee shall be entitled to the fair market value of this
Conservation Easement. The parties stipulate that the fair market value of this
Conservation Easement shall be determined by multiplying the fair market value of
the Property unencumbered by this Conservation Easement (minus any increase in
value after the date of this grant attributable to improvements) by the ratio of the
value of this easement at the time of this grant to the value of the Property (without
deduction for the value of this Conservation Easement) at the time of this grant. The
values at the time of this grant shall be the values used, or which would have been
used, to calculate a deduction for federal income tax purposes, pursuant to Section
170(h) of the Internal Revenue Code (whether eligible to ineligible for such a
deduction). Grantee shall use its share of the proceeds in a manner consistent with the
purposes of this Conservation Easement.
I. Notification. Any notice, request for approval, or other communication required
under this Conservation Easement shall be sent by registered or certified mail,
postage prepaid, to the following addresses (or such address as may be hereafter
specified by notice pursuant to this paragraph):
To Grantor
GreenVest/Flat Swamp LLC
Mr. Doug Lashley, Managing Member
726 Second Street, Suite 3B
Annapolis, Maryland 21403
T tee:
GreenTrust Alliance, Inc.
Attn: Doug Frederick, Executive Director
1001 Capability Drive, Suite 312
Centennial Campus
Raleigh, North Carolina 27606
To the State of North Carolina:
Department of Environment and Natural Resources
Division of Water Quality
Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699
J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this
Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a
reasonable period of time after the occurrence of one of these events Grantee fails to
make an assignment pursuant to this Conservation Easement, then the Grantee's
interest shall become vested in another qualified grantee in accordance with an
appropriate proceeding in a court of competent jurisdiction.
K. Amendment. This Conservation Easement may be amended, but only in writing
signed by all parties hereto, and provided such amendment does not affect the
qualification of this Conservation Easement or the status of the Grantee under any
applicable laws, and is consistent with the conservation purposes of this grant.
L. Present Condition of the Property, The wetlands, scenic, resource, environmental, and
other natural characteristics of the Property, and its current use and state of
improvement, are described in the Mitigation Plan, dated February 2009, prepared by
Grantor and acknowledged by the Grantor and Grantee to be complete and accurate
as of the date hereof. Both Grantor and Grantee have copies of this report. It will be
used by the parties to assure that any future changes in the use of the Property will be
consistent with the terms of this Conservation Easement. However, this report is not
intended to preclude the use of their evidence to establish the present condition of the
Property if there is a controversy over its use.
STATE OF MARYLAND
COUNTY OF ANNE ARUNDEL ?-S ccp.
1, T
M,W
r'05/$ Notary Public of ty, Maryland certify that Douglas Lashley
personally appeared before me this day and acknowledged that the foregoing instrument was signed in his name and
he is uthorized to act.
W1 my hand a seal, thi 21 day of October 2009
Notary Public
My commission expires: Z
STATE OF NnAW
COUNTY OF Wtll (b
0 AIM a Notary Public of the aforesaid County and State, certify that
-DMAaW$ j jyAL" y- personally appeared before me this day and acknowledged that he/she is the Executive
Di or of GreenTnrst Alliance, Inc., a corporation of the State of Maryland , and that, by authority duly given and
as the act of the corporation, the foregoing instrument was signed in its name by Douglas Fredrick, its Executive
Director.
Witness my hand and notarial seal, this 12- day of bdtky , 2009
vV v lla /17
Notary Public
My commission expires: a Z1 13
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MAJOR DITCHES (RPW's) TABLE
BEARING DISTANCE ROAD 2 ° N8$°57'24°E 2091.66'
A N 30°30 38 E 59.08
N 82°33'6" E 63.24' Ms ° " 150' NEUSE BUFFER 401/404 WETlANS1STREA
N 88 4 49 E 191.19 /PERENNIAL, NB-SUBJECT) PLOT I
N 89°26'13" E 241.18'
N 89°31'29° E 244.86'
N 88°57'45° E 254.26' , . -~a~
N 88°28'17" E 248.88'
N 88°27'26" E 246.32' _ _
° WETLAND TABLE • ' ~ a N 88 39 33 E 249.69 PLOT 2 PLOT 3
N 89°3'33° E 325.69' BEARING DISTANCE • • , • . , . • . , . , . , . •
S 7°51'48" W 94.65' AA N 24°53'44' E 27.22'
°3 ' " E 199.10' N 21°21'37° E 1210.73' , 'a SO 06
° " ~ S b2°47'44" E 93.66' ! NUTRIENT OFF-SET BUFFER RESTORATION S 0 30 24 W 223.91
S 0°32'50" W 295.84' S 0°41'57" W 69.14'
S °13'8° W 299.12' S 84°39'28" E 68.02'
S 0°II'8" E 306.76' N 55°51'22" E 113.66'
° I° 1 0/ tl 1 • • v' W S 0 4 2 E 297.76 S 70 5 43 E 85.$5 ~ LL
~ s l°18'30° E 21.02' COMPONENT A m S 0 44 29 W 300.75 ~ W
B S I°43'4" W 322.73' S 76°22'18" E 27.40' ~ M~ ~ ° S b9°47'34° E 129.84' N W
S 89 54 44 W 231.55 -t•-,- -r--*- ® o
S 89°2'S" W 211.71' S b8°47'14° E 204.59' W ~ ~
S 89°51'51" W 214.06' S 70°50'8" E 96.73' ~ N
° ~ ° ~ S 61°26'33" E 66.66' O ~ PLOT 5 00 S 89 35 O W 221.62 PLOT 4 PLOT b
° ~ ~ N 27°17'4" E 6.90' ~ ~ S 89 39 45 W 213.15 o N
S 89°45'37° W 228.73' N 0°49'22° E 423.50' p' • . • • , . , . • . , . • . • . , . ,
° 1 " 1 ° 1 N 1 • • O' F S 89 59 20 W 216.66 N 0 9 4b E 84.41 Z 3
m a` S 89 44'38 W 282.48 N 44 40 28 W 56.01 W
° ~ ° ~ N 45°57'9" W 473.33' N ~ C S 89 5817 W 248.61 ° " F z
B S I°2'$° W 260.21' N 46 1412 W 139.39 W ~ o
S 0°27'42" W 223.95' BB N 0°23'0° E 38.89' ~ a O • J...a-r .a~-~ ~ Z O
~w S I°16'21° W 224.83 z W ~ a
S 0°43'20' W 224.52' ; F
o . " . w S 0 3918 W 223.59 ~ W
p 1 p 1 O~ S 0 44 59 W 220.49 F
° 1 p 1 , • 0 W S 0 50 43 W 226.84 . • . • -=-~-r• • - a F
z S 0°20' I" W 222.67'
S 0°2' 14° E 225.95' ~
o . ° . ~ S 0 25 6 E 222.12 SYMBOL LEGEND
S I°22'52" E 280.93' ' _
® 4011404 WETLANS/STREAMS 0 . " 1 D N 89 45 49 W 65.46 a ~ 50' NEUSE BUFFER 0 (RPW'S, INTERMITTENTlPERENNIAL, NB-SUBJECT)
VEGETATION PLOTS I` LA •
~COMPONEN B 50' NEUSE BUFFER N 89°45'49" W 220.57' ~ ~ ~ PLOT 7 T
N 89°33'56" W 449.46' ° -WETLAND ENHANCEMENT
N 89 5 48 W 446.49
N 89°25'29° W 453.40' o " -WETLAND RESTORATION .
N 88 48 32 W 219.73
S 88°45'39" W 134.70' ~
S 73°55'49" W 77.42' AREA LEGEND ° ° ~ W PLOT 8 PLOT 9 PLOT 10 LL
s 21°5'49° W 57.20' -NUTRIENT OFF-SET m -1--•~- -1-1- -1-,•- - (a(d~s
p 1 p 1 S S 7 47 23 W 111.4a BUFFER RESTORATION: 285.91 AC ~ VV~,
S 0°11'53° W 412.75' _ A J z ~ WETLAND RESTOR TION 50 51 AC ROAD I o
S 0°55'28' W 328.72' ~ ~ ~ -WETLAND ENHANCEMENT: 25.30 AC
S 8°22'14° E 85.27' • - .
° ° -NEUSE BUFFER (NB) 20.34 AC ' S 29 25 22 E 30.98
. ° - PR N 1.87 AC ' °2 E 28.91 ROAD FOOT I T Sob 3f7 p p
S 2°25'29' E 151.12' -OPEN WATER/STREAMS 2.77 AC PLOT II PLOT 12 PLOT I b
S b7°4'48" E 195.25'
S 69°44'27° E 277.14' NOTES o =
S 69°5'55° E 248.94' ~ -RPW: RELATIVELY PERMANENT WATERWAY ~
S 68°t0'6° E 243.30' -AVG. WIDTH = 15' N
S 7°59'3" E 275.26' N • •~4i-~ _ 6 -LINEAR FEE = 19 621.08' ~
T PLO 15 S 68°I2 53 E 311.49 p T ~
W ® a = S b8°51'18" E 122.10' ~ PLOT 14 ~p
S 69°5'45` E 147.36' ~ N o . ° ~ N u
S 61 I7 27 E 61.40 ~ ~ o
E S 71°5'13" E 43.72' p NUTRIENT OFF-SET BUFFER RESTORATION N ~ 0
S 57°32 42" W 116.32 ° NEN B F z ~ Z COMPO T
N 87°9'33" W 60.45' • • • • • a ~a ~z
N 0°37'36° W 67.75' PLOT 17 N z o . . . O ~W D D Qw
N b2 27 21 W 98.49 PLOT IS PLO 19 o . " . T w
N 68 55 4b W 320.59 ~ W
° 1 " 1 APT ~ s,~e Tp ~ N b8 48 26 W 299.77 o~
_~.b7.24'4fl°~_ ..2.99._63'-_ _ _ _ _ _ ~ ~ i/~__ _ _ oW
N b8°19'39` W 299.85' ~ z o
N b9°7'13" W 299.31' ~ ni
N 67 34 33 W 147.75 ~ . ~
N b3°30'5° W 120.18' v ~
F N 49°40'40" W 41.11' rn
E S b9°11'16° E 42.55' • • •
o . . , ~ G S 76 5013E 46.40 ~
S 3°58'37" E 23.42' ~ PLOT 21 ~
PLOT 20 ROAD 3 ~ ~ O S 64°37'35" E 23.16' 4011404 WETLAN I PLOT 22 F
° ° o S STREAMS LAT SWAMP CREEK(RPW, NB-SUBJECT) S 69 34 3b E 495.46 N13 31 09 E (RPW'S, INTERMITTENT/PERENNIAL, NB-SUBJECT) NB-SUBJECT)
N 0°41'36" E 507.26' 182. b0' _
50' USE BUFFER I FLAT SWAMP C LANSlST EAMS REEK RP H N 46°7'30" W 230.26' 0 i(RPW)
(RP 'S, INTERMIT ENT/PERENNI L, NB-SUBJEC) ~ W) ° ° PLOT 25 G N 2 IS 42 E 23.23' PLOT 31 0 tl
° , " ~ ~ N89 Ib 21 W
N 0 41 14 E 742.44 ~ • _ 59.16
N I°0'42" E 354.03' m ° " N
N 0 2b 31 E 303.07 • m D r`
D N 0°31'36° E 409.54' ~ a ~ PLOT 28 O ~~a O
,~~z ~ minim
~ Q W 3
_ I-,I~a
~I ~~~~3~ ~ ~ ~ ~ W ~ OMPONENT C ~ o
M N ° a 0 NUTRIENT OFF-SET
PLOT 24 FFER REOSTORATION I g z N
THIS CERIIFlES 1}iAT THIS COPY OF 1tiIS PLAT ACCURATELY DEPICTS THE Z I o~ PLOT 27~ ~ 3~
BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER °o•. ~ 03
ACT AS DETERMINED BY 7HE UNDERSI(~JED ON THIS DATE. UNLESS THERE ~ ~ ) j -
IS ACHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, THIS I ~ o
DETERMINATION OF SEC110N 404 JURISDICTION MAY BE RELIED ON FORA 1 1 PLOT 30
PERIOD NOT TO EXCEED FIVE YEARS FROM THIS DATE. THIS DETERMINATION ~ nor Za ROAD 1
WAS MADE UTILIZING THE 1987 CORPS OF ENGINERRS WETLANDS ~ ~ '
DELINEATION MANUAL n F ,R ~ 4 ~ PLOT 26~ Igo PLOT 34 / w's\ ~ of W O 1 ~ ~q o s
REGULATORY SPECIALIST a ~ ~R w'~<wE . Bs~ ~ ( w°',r~s~, 2~`~~0
n o . ~ ~ PLOT 3~6 - ors r_ l \ \ PLOT 29 ~c~~gS hFT< /~f~i~ n .3'
~ T • 6~s
` ~ ~ / PLOT 32 i - ~i ~~FJ
DATE 6 ,;,y .
n~ , ~ ,
O / ~e etoT 33 COMPONENT D" { ~ = ,
' f ' ~NETLAND RESTORATION / . ' ~ ~ I, KENDALI E. GASKINS CERTIFY THAT THIS SURVEY IS OF AN EXISTING /
PARCEL OR PARCELS OF LAND AND DOES NOT CREATE A NEW S"IREET OR P~o,Taa
CHANGE AN EXISTING S /J
/PLOT-~35 r ~ 9 ~ / O /COMPONENT E L
. ~ ~„s. - - to
KENDALL E. GASKINS L-3824 ~ e~or a~ ~ ~ 0,~9 ~9
~~a~o~i~l~~@9696p~~~6S2S2%w ~ / ~ _ ~~Z1p~ 2
I, KENDALL E. GASKINS, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY CAIQQ~ /g3 Sy2
o~o~a ma ~ SUPERVISION FROM A SURVEY MADE UNDER MY SUPERVISION (DEED ` Q~ 00 ems 4.8/• ~ J
m ~ ~ 0 ~S~/ ~7,~°a'~
DESCRIPTION RECORDED IN BOOK , PAGE RFFFRFN(:FS ~}{AT THE ~ ~ ~ O
BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM ~ 0~~~~ me °vi.ar
INFORMATION FOUND IN BOOK, PAGE THAT THE RAT10 OF ~ SEAL
PRECISION AS CALCULATED IS 1:10,000+; ~ ~ Y
L-324 m
NflTNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL ~ ~ a ~ ~~0a o 1200
THIS 21~~~(y}~ /~',-~.~~JQJ~&.37~ER, A.D., 2009. i ~ ° ~Q ~I~ o Z ~ 600 300 0 600 12 Leo{~~.3''LV~S:l L;a 4 i m `,'UI`''ma
~~i ° 3 1009 ~ P~ ~~p 7~ ~ °
~ENR_WgTER Qpp~7y KENDALL E G SKINS L-3824 SCALE: 1 = BOO' WEi V.tfJ$ pyp STGR6NlAlEry BRgNGy
o Cam. 'reenvest-Flat S7,vamp, ~~C' Date: 10!9/09 Gaskins Land Surveying, ~ ~ Drawn By: BSC PROFESSIONAL LAND SURVEYING P.A.
p ~ No. 3 Township, Craven County, North Carolina Po BoX 354
~ CD Checked By: KEG
cD ~ As-built Surve for Flat Swam Neuse River Ri arian Buffer var~~eboro, Nc 2858s
~ y p p Scale: 1'=600' Phone [phone]
and Nutrient Offset Mitigation Bank FaX: z5z-244-5899
/ J `F
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