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HomeMy WebLinkAbout20081473 Ver 4 _As Built Report _20130423aoo8- lq-13 v q TIE JOHN R McADAMS COMPANY, INC. LETTER OF TRANSMITTAL To: Ms. Katie Merritt Date: April 22, 2013 NCDENR -DWQ 512 N. Salisbury Street Raleigh, NC 27603 *" FEDERAL EXPRESS *" Re: Arrington Bank Parcel Job No.: EBX -1320 1 am sending you the following item(s): COPIES DATE NO. DESCRIPTION 2 As -Built Report These are transmitted as checked below: ❑ As requested ❑ For your use ® For approval ❑ ❑ For review and comment ❑ Remarks: On behalf of the Environmental Banc & Exchange, LLC (EBX), EcoEngineering is submitting 2 hard copies of the as -built report for the Arrington Bank Parcel Copy to: Signed: George Buchholz, PWS EM Environmental Wetland Scientist FOR INTERNAL USE ONLY ® Copy Letter of Transmittal Only to File ❑ Copy Entire Document to File ENGINEERS - PLANNERS - SURVEYORS - ENVIRONMENTAL RESEARCH TRIANGLE PARK - CHARLOTTE 800 - 733 -5646 ■ www johwmcadam&com �G6C�0�7 @L; 'FAPR 2 3 2013 ARRINGTON BANK PARCEL NEUSE RIPARIAN BUFFER & NUTRIENT OFFSET MITIGATION SITE WAYNE COUNTY, NORTH CAROLINA PHASE I AS -BUILT REPORT EBX -13020 April, 2013 Table of Contents 1.0 Introduction ............................................................................................................ ............................... 2 1.1 Project Location and Description ...................................................................... ............................... 2 1.2 Project Goals and Objectives ............................................................................. ............................... 3 2.0 Project Area — Pre- Construction Condition Summary ........................................... ............................... 3 3.0 As Built Site Conditions .......................................................................................... ..............................4 3.1 Restoration Plan .................................................................................................. ..............................4 3.2 Vegetation Monitoring Plots .............................................................................. ..............................4 3.3 Photo Stations ..................................................................................................... ..............................5 4.0 Monitoring, Maintenance Plan, and Reporting ...................................................... ............................... 5 5.0 Neuse Riparian Buffer and Nutrient Offset Mitigation .......................................... ............................... 5 Aooendix A: Site Mays Figure 1: Site Location Map Figure 2: Conservation Easement Area Figure 3: As -Built Exhibit Apaendix B: Vegetation Assessment Data Table 1: Plant Species Summary Table 2: Vegetation Plot Mitigation Success Summary Table Table 3: Stem Count Total and Planted by Plot Species Aonendix C: Vegetation Monitoring Plot Photos Aanendix D: Vegetation Monitoring Plot Data Sheets Appendix E: Photo Station Aoaendix F: Permanent Conservation Easement ® I Environmental AEcoEngineering Banc & Exchan e t LLC A ali§eklnlu 1.0 Introduction L I Project Location and Description Located off of Arrington Bridge Road, at its intersection with John Street in Goldsboro, North Carolina (Figure 1) is the Neuse buffer and nutrient offset restoration area previously referred to as the Wayne County Development Alliance Bank Parcel and currently known as the Arrington Bank Parcel (hereafter referred to as the Bank Site). The Bank Parcel will be developed in two (2) phases: Phase I and Phase II. For various reasons, the phasing of construction has been changed from that which was specified in the Bank Parcel Development Package (BPDP). Construction of the Bank Parcel easement for Phase I now consists of ± 13.97 acres on Parcel Number 2598632250 (Figure 2). Parcel Number 2598632250 is located at the northeast corner of the intersection of Arrington Bridge Road and John Street. Future construction of Phase II will consist of Parcel Numbers 2598449002 (+ 52.75 acres), 2598543857 (+ 7.03 acres) and portions of Parcel Number 2598632250 not constructed in Phase I. Parcel Number 2598449002 is located at the northwest comer of the intersection of Arrington Bridge Road and John Street. Parcel Number 2598543857 is located north of Parcel Number 2598449002, along the west side of John Street, and is separated from Parcel Number 2598449002 by a railroad easement and a utility line easement. The purpose of this Bank Site is to improve water quality within the Neuse River watershed by providing off-site mitigation for development (both existing and proposed) requiring stream buffer mitigation and nutrient offset credits. As shown on the recorded easement plat (Figure 2), the Conservation Easement (CE) for Phase I of the Bank Site is 13.97 acres (608,676 sf). Within the 13.97 acre CE, 4.47 acres (194,691 sf) is dedicated to Neuse Riparian Buffer Credits and 7.8 acres (339,708 sf) is dedicated to Nutrient Offset (nitrogen and phosphorus) Credits. A copy of the recorded permanent conservation easement language indicating the areas included in the Bank Site is included within Appendix F. The Bank Site Service Area is contained within 8 -digit USGS HUC 03020201. Stormwater runoff from the Bank Site drains into an unnamed tributary of the Neuse River (Stream Index #27- (56)). According to the N.C. Division of Water Quality Basinwide Information Management System (BIMS), the Neuse River is classified as Class C and NSW (Nutrient Sensitive Waters) in this location. The "C" classification is for "waters protected for uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation, survival and maintenance of biological integrity, and agriculture" while the NSW designation is for "Nutrient Sensitive Waters ". This Bank Site shall be established under the terms and conditions of the EBX Neuse Riparian Buffer Umbrella Mitigation Bank (Bank) made and entered into by EBX Neuse 1, LLC (EBX), acting as the Bank Sponsor, and the North Carolina Department of Environment and Natural Resources - Division of Water Quality (DWQ), and was entered into by the parties on November 10, 2008 2 AEcoEngineering Environmental Banc & Exchange, LLC a A him d,fthts -L' . 1.2 Project Goals and Objectives The goals of this nutrient offset mitigation project are to: To improve the overall water quality and aquatic habitat in and around the unnamed tributary of the Neuse River by reducing nutrient and sediment loads into the streams caused by agricultural influences. To improve the richness and diversity of the plant species within the conservation easement. To provide perpetual protection for the unnamed tributary to the Neuse River and associated riparian and upland buffers These goals will be met through the following objectives: - By establishing a native plant community to match the endemic plant species at the Bank Site. - By reducing the quantities of exotic invasive species at the Bank Parcel through chemical methods. - By establishing a conservation easement to provide long -term protection for the Bank Site. - By donation of the conservation easement and all of its interests, in perpetuity, to an accredited or approved land trust or stewardship program. 2.0 Proiect Area — Pre - Construction Condition Summary Prior to construction, the Bank Site was within agricultural activities and contained corn fields which were harvested. Land adjacent to the Bank Site is comprised of active agricultural fields which have historically cultivated corn and soybean. There are areas along the unnamed tributaries and along Arrington Bridge Road that contain relic forest/shrub communities. These fringe forest/shrub areas have been impacted by historical agricultural activities. Species such as sweetgum (Liquidambar styraciflua), red maple (Acer rubrum), tulip poplar (Liriodendron tulipifera), giant cane (Arundinaria gigantea), willow oak (Quercus phellos), water oak (Quercus nigra) were observed. Small significant population of non - native, invasive species including privet (Ligustrum sinense) and multiflora rose (Rosa multiflora) were also observed, which are indicative of a disturbed forest community. Since these fringe forest/shrub areas have been disturbed, a reference forested community was examined to gain insight as to the type of forested community which would have been on the Bank Site if agricultural activities had not occurred. One such reference forested community located approximately 0.7 miles west of the Bank Parcel was examined. The reference forested community is generally characterized as a Basic Mesic Forest (Coastal Plain Subtype), according to the North Carolina Natural Heritage Program (NHP) classification system (Schafale and Weakley, 1990). The canopy and understory is dominated by southern red oak (Quercus pagodifolia), willow oak, water oak, white oak (Quercus alba), sweetgum, red maple, tulip poplar (Liriodendron tulipifera), red cedar (Juniperus virginiana), beech (Fagus grandifolia), American holly (Ilex opaca), dogwood (Corpus florida), American elm (b7mus Americana), paw -paw (Asimina triloba), swamp bay (Persea palustris), giant cane, and highbush blueberry (Vaccinium corymbosum). 3 AEcoEngineeflng Environmental Banc & Exchange, LLC AcKr L%AftsCv"",he. 3.0 As Built Site Conditions 3.1 Restoration Plan Construction of Phase I of the Bank Site occurred in March 2013. Construction activities included planting the conservation area followed by staking of photo stations and vegetation plots occurred. In addition, base line vegetation sampling occurred. All photographs and data are attached in the appendices. Grassed fields within the conservation easement were ripped and scarified prior to vegetation planting activities. The established microtopography on level surfaces will promote diffuse flow and surface water storage. In addition, subsurface hardpans were eliminated to promote vegetation growth/survival and to increase groundwater recharge rates. Grasses were treated with herbicide to reduce competition with planted species. Where necessary, invasive species were treated with herbicide to ensure they do not become dominant within the Bank Site, or hinder the establishment, growth and survival of planted vegetation. The Bank Site was planted with bare root seedlings consisting of species previously observed on the Bank Site and selected species known to inhabit Basic Mesic Forests (Coastal Plain Subtype) community type as described in Classification of the Natural Communities of North Carolina (Schafale and Weakley, 1990). Table 1 (Appendix B) provides a listing of planted species and a summary of total stems planted within Phase I of the Bank Site. A total of 8,200 individual species, or 668 stems per acre, were planted within the Bank Site, which is within the desired range of 436 to 681 stems per acre according to the Wayne County Development Alliance Bank Parcel Development Package (EcoEngineering, April 2012). The list provided in Wame County Development Alliance Bank Parcel Development Package was used as a guide in species selection. Due to stock unavailability from local nurseries, changes were made on -site. The planted species were a mixture of hardwood tree species consistent with those found within a Basic Mesic Forest in the Coastal Plain. Plant composition consisted of six (6) tree species. No shrub species were selected as part of plant composition. The following are substitutions: bald cyprus (Taxodium distichium, Tree). The Bank Sponsor will conduct Monitoring Year 1 field exercises during the fall of 2013, as further described in Section 3.2 and 3.3. At the conclusion of Monitoring Year 1, a determination will be made regarding the need for supplemental plantings, and at which time, input from DWQ will be sought prior to developing a supplemental planting plan. If supplemental plantings are required, it will take place between the months of February and April, 2014, and at which time, a minimum of three (3) additional tree species listed in the Guidelines for Riparian Buffer Restoration (NCEEP, 2004) will be planted. Temporary and permanent native herbaceous seed was applied simultaneously to the nutrient offset restoration areas within the Bank Site area. Temporary seed will provide cover until the permanent seed applied becomes established. Temporary cover consisted of millet (Echinochloa crusgalli), annual rye grain (Secale cereale), and crimson clover (Trifolium incarnatum). Permanent ground cover consisted of switchgrass (Panicum virgatum), deertongue (Panicum clandestinman), black -eyed susan (Rudbeckia hirta), and riverbank wildrye (Elymus riparius). 3.2 Vegetation Monitoring Plots EcoEngineering permanently installed four (4) vegetation plots for future monitoring purposes. The locations of the plots are depicted on the As -Built Exhibit (Figure 3). The plots were installed randomly throughout the Bank Site and each are 100 square meters in Im 4 Environmental Banc & Exchange, LLC AEcoEngirmdng 3OW" & g Ae4faiesa�Tarda�Qi tMsQ+lvsCesa�;�c. size (10 meter by 10 meter square plots). Baseline vegetation monitoring was conducted in general accordance to CVS -EEP Protocol for Recording Vegetation (CVS -EEP, v4.2). Table 2 (Appendix B) provides a success summary for each vegetation monitoring plot. Based on the baseline vegetation monitoring, all four (4) vegetation monitoring plots were within the desired range of 436 to 681 stems per acre (Table 2, Appendix B). Table 3 (Appendix B) provides a more detailed summary of stem counts and the type of planted species within each vegetation monitoring plot. The number of stems planted per acre for each monitoring plot ranges from 486 stems to 728 stems. Vegetation monitoring plots were photographed and are located in Appendix C. Vegetation Monitoring Plot Data Sheets are provided in Appendix D. Each Vegetation Monitoring Plot Data Sheet provides the measurements, location, and vigor of each planted species within a respective vegetation monitoring plot. 3.3 Photo Stations Photo documentation is essential to monitoring the success the Bank Site. Photos provide a visual assessment of the vegetation conditions. EcoEngineering permanently installed three (3) photo stations for future monitoring purposes. The location of the photo stations and their direction are depicted on Figure 3 (Appendix A). Photographs for the photo stations are located in Appendix E. 4.0 Monitoring, Maintenance Plan, and Reporting The Bank Site will be monitored for 5 consecutive years or until the required success criteria has been met as determined by DWQ. Monitoring Year 1 field exercises will begin during fall of 2013. Supplemental planting and additional site modifications will be implemented, if necessary, after a determination has been made regarding the success of the project following each monitoring year. Monitoring activities will follow the terms and conditions of the EBX Neuse Riparian Buffer Umbrella Mitigation Bank (Bank) made and entered into by EBX Neuse I, LLC (EBX), acting as the Bank Sponsor, and the North Carolina Department of Environment and Natural Resources - Division of Water Quality (DWQ). The four (4) vegetative monitoring plots will be monitored in general accordance with the CVS -EEP Protocol for Recording Ve eg tation. A monitoring report will be submitted annually to DWQ no later than December 31 of each monitoring year describing the conditions of the Bank Site and relating those conditions to the success criteria. The target density for the riparian buffer is a minimum of 320 trees per acre at the end of the five (5) year monitoring period. Vegetation monitoring will occur between August and October. A determination will be made regarding the success of the project following the collection and evaluation of ecological and physical monitoring data, photographs, and site observations. 5.0 Neuse Riparian Buffer and Nutrient Offset Mitigation The Bank Site will provide Neuse Riparian Buffer Mitigation Credits for development impacts within the Neuse River Basin. Additionally, it will provide Nutrient Offset Mitigation Credits for development impacts within the Neuse River Basin USGS HUC 03020201 (Figure 3). The 13.97 acres conservation easement (Figure 2), will be dedicated to Neuse Riparian Buffer restoration and Nutrient Offset restoration. A Neuse Riparian Buffer restoration area of 4.47 acres (194,691 sf) will be used to generate 4.47 acres (194,691 5 A&*Engineedng Environmental Banc &Exchange, LLC A�`is�sdTfthenH C 6s. sf) of Neuse Riparian Buffer credits. The remaining 7.8 acres (339,708 sf) of riparian restoration area within the Site (i.e. areas outside of the Neuse Buffer) will provide Nutrient Offset Credits for nitrogen and phosphorus (currently based on 2,273.02 lbs of nitrogen/ac and 146.4 lbs of phosphorous /ac of riparian restoration). The Site will provide 17,729.556 pounds of Nitrogen Nutrient Offset Credit and 1,141.92 pounds of Phosphorous Nutrient Offset Credit. Table 1 below, provides a summary of mitigation credit for the Site. Table 1: Mitigation Credit Summary NEUSE RIPARIAN BUFFER RESTORATION/ENHANCEMENT CREDITS Conservation Area Stem Counts trees /acre Neuse River Buffer acres / s Restoration Enhancement Phase I 0 trees /acre 4.47 acres (194,691 sf) 0.00 TOTAL ACREAGE 4.47 acres (194,691 s 0.00 RATIO 1:1 3:1 TOTAL CREDITS 4.47 acres (194,691 s 0.00 NUTRIENT OFFSET RESTORATION CREDITS Conservation Area Nutrient Offset Restoration acres ) Nitrogen Credit (2,273.02 lbs/ac Phosphorus Credit 146.41bs /ac Phase 1 7.8 17,729.556 1,141.92 TOTAL CREDITS 7.8 17 729.556 19141.92 6 �' M Environmental Banc & Exchange, LLC AEWEngineering A &�, 6.0 References EcoEngineering — A division of The John R. McAdams Company, Inc. April 2012. Wayne County Development Alliance Bank Parcel — Bank Parcel Development Package. Lee Michael T., Peet Robert K., Roberts Steven D., and Wentworth Thomas R., 2008. CVS -EEP Protocol for Recording Vegetation Level. Version 4.2 North Carolina Ecosystem Enhancement Program (NCEEP) 2004. Guidelines for Riparian Buffer Restoration. Available at internet site: b=: / /www.neeep .net/news /reports/buffers.pdf. Accessed August 2009. Schafale MP and AS Weakley. 1990. Classification of the Natural Communities of North Carolina: Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, Department of Environment and Natural Resources. Raleigh, North Carolina. ® 7 id-Environmental Banc & Exchange, LLC AEcoEngineering APPENDIX A Site Maps 8 -- Environmental Banc & Exchange, LLC [JEwEngineering A4§wiwwe7brK49XVr4dmCamm FIGURE 3 - USGS QUAD - SW /SE GOLDSBORO EcoEngineerin 0 0 1,000 2,000 4,000 g 1 inch = 000 Feet A division of The John R. McAdams Company, Inc. 2; feet 40s \ 4 wxE LDINn, mrnry fur PARnAFWOa �m `` RE>DWREA.0 FOR RLD.7RDNV. FRED AIEEIS ALL SMTOTAPY RENEW 07M / / 1ND sRE / ON'�i( 'TTY PNED FOR R[0sDAW,, , MT CARNEY wrx Imo / / -_ RER OF DEEDS Now uaE caaPrl /I UKE VACNAWY f / - -\ I r) I / qo4 s*&C', "PRELIM /NARY PLAT" It NOT FOR SALES, CONVEYANCES, OR RECORDATION. �l/ f � N6 IEOOIR AEW ENON SIMfr / - EY6o,v ANN S Ew ErSOPC w0 NAE EPN +• EriSING PN NAL Ram STAILIEAD THIS fRwmy 6 L001IEO N ZONE " / / 1 I (N - x,31% COOER —. AQIONWO PROPERTY IRE AND 6. LOCATED YNED A SPEONL 11AW HLrARO AREA AS oElEIYIIED MP Mo NAP / (�• / // / DATED �.'( }HII 2 2005 '. COYYRYIY PMNEE 2 P2N1ER / /� TNrDo / ��• �� tart pew PC 4 SL i-H m -NEOSF 4 LLG MS / ] pB pose. PC IN ] / Pc N. sL en by O / / / / !p /µ �'gySFHVAIpN FA}EMEN/ ARU = W9,6)6 SF (I- 3.9 RNARIAN PUFFER AREA (GREEN AREAS )= 191,691 SF (1.1J acroa) / � / � / NI/IINFNI OFFSET AREA (ORV+Cf AREAS) 339, 1OB SF (].80 an.$) A / 1 1. CHNSTORER N. MIMIC /1NIFEMOW LAND SIAOtY AD NC END A MAEMS KRE L0,ATED 10NI1 2000" OF / I ND 1119. CENEY DNT D sLR6EY O OF ANOREN GfEIXWY. 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AIL 4YE01 2894 ,p ` GOLDSBORO TOWNSHIP JANUARY 29, 2013 TEL: 242 - 624 -4500 f41L ?84-4!1-4717 \ \ FIGURE WAYNE COUNTY, NC SCALE: 1• - 120' 2 120' so. 0 120' 240' FIRM LIC. % P -0221 EMU 1urR17or*.otri.".LDat DRAWN BY: CKP PROJECT NO.: 20120074 GLLWDfD) \\ \ SURVEYED BY ALL DATE: 1/29/2013 13.9r3 Aft GRAPHIC SCALE SCALE: 1' a 120' DRAWING NAME: EASTERN I�5 \ L MMfNE COI.Nn. LENRY DNr iAIE AMP D ^AT m \ _ , 110 4'RTIFICAIVN 6 AF = A"M ALL SIAM mfoLwlElsm f ffco NV. / AEMEW ornCER OAR' ipl S7R !l q qry I, \ fllm FTR ND6 IM 20'a m AE OF LFELW arw MNrK LVUMr II� PHOTO i-ID / `\ vA��y nILNI�n/ �� // ` (N0r r0 sow I / I / / t i !I l ) s E115ING JD' Nlar rASCUD+r /)�/ MW If "PRELIMINARY PLAT" M 277 �� / �i NOT FOR SALES, CONVEYANCES, OR RECORDATION. If / C�1 - LCNTERUaE Ns _ A[11M APLW STAIE / / E116)NO / EE AW NY. EW - E/N0 ApIG OX rNi NUL i10AM ST IEAEN) rN5 PRONFIN 6 [OGLED N RIME "�E." / / �/ (�( . K LME _ (LC) _ OOVTR0. 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SIC OF GEIMIERlAF � SIA)E Di NORM GIALYPU YR1AC GOI.NIY A / J' CIEMY "IT IM S1E51f/' SL*vn s XC i0EE0 pES�DEW RFCOY6ED N AW a DEED ROM EIOTED)r TMr TEE E / RDU -AIWES Nor S].MLC1[D ARE CLEAN.r N10GIE0 AS am- 'm NFORNT,VN REITRM EO AN:1804 DNr TEE MW B / 0' pR05DN AS G AMD 6 1, fgwl� DWr DRS NAl \\ / MS PN OMM N AOOOYgI CE A1110E G,S O - -M AS AM640RA��MAAD SEAL MS A SAi nnE ffiIgggaffw- m A0AY0.. / \ £BX —N£US£ I, LLC. " sDAAa¢ of mLE+ �` 90! N. OUEFAI ST.. SUITE A W YC1 \ � rc ®,» GOLDSBORO TOWNSHIP JANUARY 29. 2013 7R 252-522 -260D E1K: 75i-�i%4AW 4 �� AC-" MAA l � \` \\ \ FIGURE 3 WAYNE COUNTY, NC SCALE: 1' � 120' 120 �' 0 120 210 _ FIRM LTC. / P -0221 EMYL: iOM,p9mAWilAq(L,nNA (or GOWYIIER) \�9 DRAWN BY: CKP PROJECT NO.: 20120074 128)3 ACS -4 SURVEYED BY: ALL DATE: 1/29/2013 GRAPHIC SCALE SCALE: 1" _ 120' DRAWING NAME: EASTERN APPENDIX B Vegetation Assessment Data 12 Environmental Banc & Exchange, LLC 8 AEcoEngineering 9 efrbr he, x. Table 1. Plant Species Summary Draft Arrington Bridge - Phase I Nutrient & Buffer Mitigation Site Wayne County, NC AS BUILT: March 27, 2013 EcoEngineering Project #: EBX -13020 Total CE Area = 13.97 acres; Total Neuse Riparian and Nutrient Offset Restoration Area = 12.27 acres Scientific Name Common Name Species Type* Total Bare Root Species Planted Betula nigra river birch T 1,200 Fraxinus penns lvanica green ash T 1000 Platanus occidentalis sycamore T 1,500 uercus michauxii swamp chestnut oak T 1,500 Quercus nigra water oak T 1,500 Taxodium distichium bald cypress T 1,500 TOTAL NUMBER OF STEMS 8200 NUMBER OF STEMS PER ACRE 668 Notes* T = denotes medium to large tree Table 2. Vegetation Plot Mitigation Success Summary Table Draft Arrington Bridge - Phase I Nutrient & Buffer Mitigation Site Wayne County, NC AS BUILT: March 27, 2013 EcoEngineering Project #: EBX -13020 Vegetation Plot ID Vegetation Threshold Met ?* Tract Mean 1 Yes 100% 2 Yes 3 Yes 4 Yes x Within Range of 436 to 681 according to the "Wayne county Development Alliance Bank Park - Bank Parcel Development Package "; April 27, 2012. Table 3. Stem Count Total and Planted Species by Vegation Plot Draft Arrington Bridge - Phase I Nutrient & Buffer Mitigation Site Wayne County, NC AS BUILT: March 27, 2013 EcoEngineering Project #: EBX -13020 Total CE Area = 13.97 acres; Total Neuse Riparian and Nutrient Offset Restoration Areab = 12.27 acres AS BUILT ANNUAL MEANS Scientific Name Common Name Species Typel VP -1 VP -2 VP -3 VP -4 JAS BUILT SUMMARY (March, 2013) Planted Stems Betula nigra river birch Tree 2 2 2 6 Fraxinus pennsylvanica green ash Tree 2 2 Platanus occidentalis sycamore Tree 6 4 4 2 16 Quercus michauxii swamp chestnut oak Tree 1 2 2 2 7 Quercus nigra water oak Tree 2 2 1 3 8 Taxodium distichium bald cypress Tree 1 6 9 4 20 Stem Count Total 12 18 16 13 59 Size of Vegetation Plot (Acres) 0.02 0.02 0.02 0.02 0.10 Number of Different Species 3 7 5 5 20 Stems Per Acre 486 728 647 526 597 Total CE Area = 13.97 acres; Total Neuse Riparian and Nutrient Offset Restoration Areab = 12.27 acres k) - � IPI' A APPENDIX D Vegetation Monitoring Data Sheets ® 14 Environmental Banc & Exchange, LLC ®Ec oEngirwdng otihr Jahn It ftA&mCvvM7, lee. Site: Arrington Bridge Bank Parcel Page: 1 Monitoring Year: AS BUILT Date: 3/26/2013 Area: Phase 1 Veg Plot No. X -axis Plot Location. 5 0SW see sketch below CURRENT MONITORING YEAR DATA X meter Y meter ddh millimeter Height centimeter DBH cm VI Lof Notes Map ID Scientific Name Source 1 Quercus More B 0.4 1.1 0.73 51 3 2 Betula ni ra B 9.6 2.1 0.909 53 3 3 Platanus occidentalis B 6.6 2.9 0.445 57 3 4 Quercus michauxii B 3.7 3.8 0.412 52 3 5 Platanus occidentalis B 0.3 4.3 0.419 50 3 6 Platanus occidentalis B 2.4 6.4 0.44 59 3 7 Platanus occidentalis B 3.2 04 0.553 45 3 8 Betula ni ra B 5.3 5.8 0.424 54 3 9 Taxodium distichium B 5.2 7.6 0.726 46 3 10 Platanus occidentalis B 75 7.6 087 58 3 11 lQuercus ni ra B 1 1.61 9.21 511 1 3 12 Platanus occidentalis 113 1 4.81 9.11 0.434 50 3 = Dare root Site: Arrington Bridge Bank Parcel Page: 2 Monitoring Year: AS BUILT Date: 3/26/2013 Area. Phase 1 Veg Plot No.: 1 X -axis: 5 0SW ),0 13SEO X -AXIS Site: Arrington Bridge Bank Parcel Page. 1 Monitoring Year: AS BUILT Date: 3126/2013 Area: Phase 1 Veg Plot No. X -axis Plot Location CE 16 0SE see sketch below CURRENT MONITORING YEAR DATA X Y ddh Height DBH cm Vigor Notes Map ID Scientific Name Source meter meter millimeter centimeter 1 Quercus michauxii B 1.2 1.5 0.43 30 3 2 Taxodium distichium B 0.3 4.2 0.58 52 3 3 Betula ni ra B 13 6.2 0.433 44 3 4 Fraxinus pennsylvanica B 1.2 8.2 0.588 30 3 5 Taxodium distichium B 3.7 8 0.734 52 3 6 Quercus ni ra B 9.1 10 0.431 46 3 7 Taxodium distichium B 6.1 7.9 0.61 55 3 8 Platanus occidentalis B 3.8 62 0.548 50 3 9 Quercus michauxu B 2.1 4.2 0.544 46 3 10 Taxodium distichium B 4.3 4.2 1.034 53 3 11 Platanus occidentalis B 3.6 1.6 0 571 49 3 12 Fraxinus pennsylvanica B 5.7 1.7 0.484 25 3 13 Platanus occidentalis B 8.2 1.6 0.71 54 3 14 Taxodium distichium B 8.2 4.1 0.492 38 3 15 Betula ni ra B 6.3 4.1 0.348 43 3 16 Quercus ni ra B 5.9 5.7 0.841 49 1 3 17 Taxodium distichium B 8.91 561 0.681 51 1 3 18 Platanus occidentalis 113 1 8.21 5.71 0.3421 44 1 3 is ► pare root � ditch ' I y 176' xY x Site: Arrington Bridge Bank Parcel Page: 2 Monitoring Year: AS BUILT Date: 3/26/2013 Area: Phase 1 Vag Plot No.: 2 X -axis: 16 0SE 1 , t 0.5 0,0 23SWO L J Y O O / ei V lU X -AXIS °ate mom Imommmomm ==Emmons LIGNEWMEN lam�m m �NremommmQ== m LO -- ===I IUD mff,101MOmmmommom Emmmmommmommomm L J Y O O / ei V lU X -AXIS Site: Arrington Bridge Bank Parcel Page* 1 Monitoring Year: AS BUILT Date: 3/26/2013 Area: Phase 1 Veg Plot No.: X -axis: Plot Location: CE 3 0NE see sketch below CURRENT MONITORING YEAR DATA X meter Y meter ddh millimeter Height centimeter DBH cm vigor Notes Map ID Scientific Name Source 1 Quercus michauxii B 0 1.3 0.538 47 3 2 Taxodium distichium B 4.7 2 0.818 47 3 3 Taxodium distichium B 2 3.5 0 513 43 3 4 Platanus occidentalis B 5.7 4.4 0.531 52 3 5 Taxodium distichium B 3.8 6 0.629 47 3 6 Platanus occidentalis B 1.5 6.7 0.576 48 3 7 Taxodium distichium B 17 9.6 0 766 46 3 8 Platanus occidentalis B 3 8.9 0 591 50 3 9 Taxodium distichium B 5.4 97 0.618 45 3 10 Taxodium distichium B 5.8 8.3 0.746 49 3 11 Platanus occidentalis B 7.6 6.5 0.627 53 3 12 Taxodium distichium B 7.9 9.5 0 625 47 3 13 Taxodium distichium B 9.2 8.4 0 575 50 3 14 Quercus ni ra B 4.2 9.3 057 49 3 15 Quercus michauxii B 7.8 1.9 0.588 49 3 16 Taxodium distichium B 1 9.2 01 0.589 50 3 es = oare root 1 xY ditch , x , 45' Site: Arrington Bridge Bank Parcel Page: 2 Monitoring Year AS BUILT Date 3/26/2013 Area: Phase 1 Veg Plot No.: 3 X-axis: 30NE 0.5 0,0 55NEO ON 039 NO ON I 0 EMENEW mm =MEN rOA MENOMONEE arm 9 10 X-AXIS Site. Arrington Bridge Bank Parcel Page: 1 Monitoring Year AS BUILT Date- 3/26/2013 Area: Phase 1 Veg Plot No.: 4 X -axis: Plot Location: ; 32 °SW see sketch below CURRENT MONITORING YEAR DATA X Y ddh Height DBH cm Vigo Notes Map ID Scientific Name Source meter meter millimeter centimeter 1 Platanus occidentelis B 0.2 0.8 0.762 49 3 2 Quercus ni ra B 0.7 3.2 0.762 52 3 3 Taxodium distichium B 1.1 6 0.953 52 3 4 Quercus michauxii B 1.3 8.7 0.911 51 3 5 Quercus nigra B 39 96 0.538 48 3 6 Platanus occidentalis B 7.5 8.1 0.514 43 3 7 Betula ni ra B 7.2 6.1 0.663 47 3 8 Taxodium distichium B 4.2 6.3 0.66 46 3 9 Betula ni ra B 3.2 3.6 0.368 49 3 10 Taxodium distichium B 7.1 2.8 0.435 43 3 11 Quercus michauxii B 101 1.31 0.91 551 3 12 Taxodium distichium B 6.81 061 0.898 50 3 13 Quercus ni ra B 1 3.11 0.21 0.332 361 1 3 8 = bare root i CE / 1 f Site: Arrington Bridge Bank Parcel Page: 2 Monitoring Year: AS BUILT Date: 3/26/2013 Area: Phase 1 Veg Plot No.: 4 X -axis. 32 °SW ),0 75SWO X -AXIS Environmental APPENDIX E Banc & Exchange, LLC Photo Stations 15 AEWEngineering ASP d1bh4maVca&m rvmM,hw. PHOTO STATION 13 VIEW FAGIN6 46*SK PHOTO STATION Z, VIEN FAG016 50'W PHOTO STATION 31 V IEH FAGINS TME. r, a parr -"- EBX- 13020 AS SHOYM 04-04 -2013 AEcoEngineedng AM dTf�lo�ld Me/4d® fir, �. �C@IBRd' _ •lIR7nC���11►AIOlr1�1FAL �wcat�u�ats�r. caawrn w� ies. s toss x any APPENDIX F Permanent Conservation Easement 16 AEcoEngineening Environmental Banc & Exchange, LLC AdirtskerlT�rh�AM►ACcng�ryl9e. (Page i of 12) 0130.03 PAS714 aEi Fn Fq M�tptyl�aryd.00 P� 1 tM !2 IW078 J 1DCAIM�6 o1sT6A OF OEED9 3003 414 -725 PREPARED BY AND RETURN TO: Ashley L. Warner PO Drawer 1473 Kbztoq NC 28303 -1475 STATE OF NORTH CAROLINA COUNTY OF WAYNE I k AU 010 PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ( "Conservation Easement") made this Lday of March, 2013, by and between EBX -NEUSE I, LLC, a Maryland Limited Liability Company who bas a place of business at 518 Plaza Blvd, Kinston, NC 28501 ( "Grantor') and NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, a Non- Profit North Carolina Corporation with its principal office located at 300 North Greens Street, Greensboro, NC 27429 ("Grantee"). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, phval, masculine, fema ne or neuter as required by content. RECITALS AND DECLARATIONS WHEREAS, Grantor owns m fee simple certain real property situated, lying and being in Wayne Canty, North Carolina and being mare particularly desergW in Exhibit A attached hereto and incorporated herein (hereinafter referred to as the "Property'); WHEREAS, Grantee is a nonprofit corporation whose purpose is the a maervatiom of pvopoaty, and is qualified to be the Grantee of a conservation easement pwsuam to N.C. Gen. Stat. j 121 -35; WHEREAS, the purpose of ibis Conservation Easement is to maintain riparian resources and other nmuW values on a portion of the Property, comisting of approximately 13.973 acres, exclusive of Book: 3093 Page: 714 a q: (Page 2 of 12) 03003 W715 right -of- way, and being more partly daubed in Exhibit B attacbe d and mcorpoaated herein by reference (hereimttier referred to as the "Ca nervation Easement Property''), and prevent the use or development of the Conservation Easement Property for any purpose or in any manner that would be in conflict with the creation and maintenance of the Conservation Easement Property in accordance with this Conservation Easement The creation, restoration and preservation of the Conservation Easement Property is a condition of the approval of the inclusion of the Conservation Easement Property m the "WAYNE COUNTY DEVELOPMENT ALLIANCE BANK PARCEL, Wayne County, North Carolina, BANK PARCEL DEVELOPMENT PACKAGE" now known as "Arrington Bridge Bank Parcel" dated April 27,2012 ("Arrington Site -) which was approved by the North Carolina Department of Environment and Natural Resomes — Division of Winer Quality ("DWQ"), and this Conservation Easement may therefore be enforced by the State of North Carolina WHEREAS, the preservation of the Conservation Easement Property a mquvW by the Neese Riparian Buffer Umbrella Mitigative Bank, made and entered into by and between EBX -Neese 1, LLC, acting as the Bank Sponsor, and the North Carolina Department of Environment and Natural Resources- Division of Water Quality ("DWQ"). The Arrington Site is intended to be used to compensate for unavoidable riparian buffer and nutrient impacts. NOW, THEREFORE, for and in consideration of the covenants and represcutations contained herein and for other good and valuable consideration, the receipt and legal suff cieaey of which is hereby acknowledged, Grantor hereby unc mdmonslly and irrevocably gents and conveys unto Grantee, its beirs, successors and assigns, forever and in perpetuity a conservation easemcet over the Conservation Easement Property, of the nature and character and to the extent hereinafter set forth, over a portion of the Property, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE L DURATION OF EASEMENT This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross, runs with the land and is eeforccable by Grantee against Grantor, Grantor's personal representatives, hens, successors and assigaa, lessees, agents and licensees. ARTICLE A PROHIBITED AND RESTRICTED ACITVI TE.S Any activity on, or use o1; the Conservation Easement Property inconsistent with the purpose of this Conservation Easement is prohibited. The Conservation Easement Property 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 Property. Without limiting the generality of the foregoing, the following activities and eases are expressly prohibited, restricted or reserved as indicated icretmder: A. Disturbance of Natural F Lures. Any change disturbance, alteration or impairment of the natural features of the Conservation Easement Property or any introduction of non- native plants and animal species is prohibited. Book: 3003 Pape: 714 9": 2 (Page 3 of 12) 13003 M716 B. Comtructiom There shall be no constructing or placing of my WNW& mobile home, aspb& or concrete pavement, billboard or other advertising dwky, mmm u0jiy pole, tower, conduit, fine, pier, landing, dock or any other temporary or permanent atrucbm or facility on or above the Conservation Eases Property. C InduftiaLCminmial and ReWMW Use industrial, residential and commercial activities. inchrding any right of passage for such purposes is prohibited. D. AMigaML gmto and HortisbW Use. grazing, animal husbandry, and horticultural use of the Conservation Easement Property we prohibited. E. Vegetation. There shall be no removal, burning, desiroction, harming, cutting or mowing of trees, shrubs, or other vegetation on the Conservation Easement Property. F. Round Trails. There shall be no construction of roads, trails or walkways on the Conservation Easement Property; nor sdaspownt or modification to existing roads, trails or walkways. d. Sisaaae. No signs shall be permitted on or over the Conservation Easement Property, except the posting of no trespassing signs, signs ideurfyiang the conservation vahm of the Conservation Easement Property, sism giving duections or proscribing mks and regulations for the use of the Conservation Easement Property and signs identifying the Onvator as owner of the Conservation Easement Property. H. ins or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardona s oces, or toxic or luardous waste, or any placement of underground or above groumd storage tanks or other materials on the Conservation Easement Property it prohibited L 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 to xWWby of the land in any manner on the Conservation Easement Property, except to restore natural topograpby or drainage patterns. J. Water (Jw ty and Draiaaae Pattem There shall be no diking draining, dredging, channeling, filling, leveling, pumping, nmpounding or mated activities, or ahariug or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, cr created drainage pattems. In addition, diverting or causing or permitting the diversion of surface or undergmnnd water into, within or out of the Conservation Easement Property by any means, removal of wetlands, pollating of dmbarM into waters, springs, seeps, or wetlands, or use of pesticide or biocides is probibited. IL luopment RiglILNo development rights that have bean emu mbaed or extinguished by this Conservation Easement shall be transferred pnnsnaat to a vmrferable development rights scheme or cluster development arrangement or otherwise. L. Vehicles. The operation of mechanized vshicles, tabu mg, but not limited to, motorcycles, dirt bikm all - terrain vehicles, cars and Mxb is prohibited above, on or over the Hook: 3003 Page: 714 eeq: 3 (page 4 of 12) 03003 M717 Conservation Easement Property, other thaw for temporary or occasional amm for purposes of maintaining the restoration within the Comr+ervatim Easeinant Property. M. Other Pwbibitions, Aw other use v4 or activity one, the Conservation Easement Property which is or may become inconsistent with the purposes of this grant, the preservation of the Conservation Easement Property lly in its natural coadid9A or the protection of its environmental systems, is prohibited. ARTICLE M GRANTOR'S RESERVED RIGHTS The Grantor expressly reserves for tbernselves, fi= personal sepresanuatives, beirs, successors or assigns, the right to continue the use of the property for all purposes not b"Wisteat with this Conservation Easement, inehding, but mot limietcd to, dw right to quiet em*jment of the Conservation Easement Property, the rig ns of ingress and egress, the right to bunt, fob, and hike on the Conservation Easement Property, the right to sell, transfer, gift or otherwise convey the Conservation Easement Property, in whole or in part, provided such oak, transfer or gift conveyance is subject to the terms of and sball specifically referemee, this Conservation Easement. Notwithstanding the foregoing restrictions, Grantor reserves for EBX -Nmw 1, LLC, as Bank Sponsor, its successors and assigns, (1) the right to construct, monitor and maintain a mitigation bank on the Conservation Easement Property and (ii) the right to any and all muit*stion credits derived liom the Conservation Easement Property. ARTICLE W GRANTEE'S RIGHTS A • The Grantee, its employees and agents, successors, assigns and DWQ shall have a perpetual right of general ingress, egress and regress over the Property at reasonable times to undertake any actvnm to restore, manage, maintain, enhance and monitor the wetland and riparian resourca of the Conservation Easement Property in accordance with restoration activities or a long-term management plan Unless otherwise specified in this Conservation Easement, the rights granted herein do not include or establish for the public any access r*W& B. Rigit to lmroegs Observe and Such.. The Grimm or its authorized representatives, successors, assigns and DWQ shall bove the right to enter the Conservation Easement Property at all reasonable times for the purpose of inspecting the Conservation Easement Property to determine if the Grantor, or his personal representatives, belts, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantoe"also have the right to eater and go upon the Conservation Easement Property for purposes of nnai m scientific or educational observations and studies, and taking samples. The easement n&s granted herein do not include public access right. Hook: 3093 Page: 714 Neq: 4 (page s of 12) 03003 M718 ARTICLE V ENFOACEMIrN!' AND REMEDIES A. To accomplish the pwpases of this Easattes, Grantee is allowed to prevent any activity on or use of the C.ommation Easement Property that is incaroistes with the purposes of tbis Conservation Easenim and to require the restoration of such arras or £eataras of the Conservation Easement Property that may be damaged by such activity or use. Upon any breacb of the terms of this Conservation Easement by Grantor that comes to the attention of the Gmuft, the Oraotee shall notify the Grantor in writing of such breach The Grantor shall have 30 days after receipt of such notice to correct the conditions constitutigg such breach. If the breach remains uncured afar 34 days, the Grantee may enforce this Conservation Easement by approprime legal proendnigs mrhrdn* damages, injunctive and other relict Notwitbstaoding the foregoing, the Grantee reserves the immediate tight, without note, to obtain a temporary restraining order, b*wctive or other appropriate relief if the breach of the teem 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 suet circumstances damage to the Grantee would be breparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder sball be in addition to, and not in lieu of all other rights and remedies available to Grantee in connection with this Conservation Eawnwa The costs of a breach, correction or restoration, including the Grantee's expenses, court costa, and attorneys' fees, shall be paid by Grantor. provided Grantor is dvmmh ed to be responsible for the breach DWQ shall have all the same rights and privileges as the said Grasse to cnfarce said terms and agreements contained within this Conservation Easement B. No failure on the part of the Grantee to enforce any covenant or provision hereof ahall discharge or irrvalidme such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the sane in the eves of a subsequent breach or defauh. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Gnaw for any injury or change in the Conservation Easement Property resulting from caum 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 piodent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant ittjury to life, damage to property or harm to the Conservation Easement Property resulfmg from such causes. ARTICLE VI MISCELLANEOUS A Grantor warm, covenants and represents that they own the Conservation Easement Prvpaty in fee simple, and that Grantor owns either all interests in the Conservation Easemsat Property which may be impaired by the granting of this Conservation Easement or that tbae are no outstanding mortgagee, tau liens,, e w mbrances, or other interests in the Conservation Easement Property which have not been expressly subordinated to this Conservation Easement with the exception of the Declaration granted previously by Grantor for the b=efit of the DWQ found in deed registered in Book 3892, Page 588, Wayne Dwk: 3003 page: 714 Beg: (page 6 of 12) 83003 PAGE? 19 County Registry. Grantor fuudter warrants that Grantee shall have the use of and enjoy all the beaefts derived firm and ern* out offt Conservation Easement, and that Grantor wig warrant and defend title to the C.onsarvW= Easement Property against the claims of all persons. B. Snbseauent Transfer. The Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that trmtfas any intarost in all or a portion of the Conservation Easement Property. The Grantor agrees to provide written notua of such transfer at least thirty (30) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Conservation Easement Property or any portion theraaf and shall rot be amended, modified or terminated without the prior written consent and approval of the VWQ. Grantor shall not subdivide any Conservation Easement Property without prior, wrom approval from the DWQ. C. AssigaMent. 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 fuutber covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue m perpetuity the conservation purposes described m this document D. Entire Aaneement and 3everabil M This inseumet no fortb 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. Orb ptions of Ownerehin. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Conservation Easement Property. Grantor shall keep the Conservation Easement 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 Conservation Easement property, except as expressly provided herein Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Eaten t In the event that changed conditions render impossible the contimmd use of the Conservation Easement Property for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding G. FaineW DOMako; Whenever all of part of the Conservation Easement 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 Bm*: 3003 page: 724 a": 6 (Page 7 of 14) INK3003 FASE720 H. f=WLMds Conaatvadon Easement consdu tes a real property interest imtnvduftly vested in Gramna. In the event that all or a portion of this Conservation Easement Property is Bold, cwhanged, or involuauly converted following an extinguishment or the exercin of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Fmteme L The patties stipulate flat the fait market value of this Consuvetion Easement 9*8 be determined by multiplying the fair madwt vahu of the Property that is unencinnbered by this Conservation Easemem (minus arty increase in value after the date of this grant am*ut*lc to improvements) by the ratio of the value of this easemew at the time of this grant to the value of the Property (without deduction for the value of this Conservation Emamem) at the time of this grant. The values at the time of this grant shall be the values used, or which would have been used, to calculate a deduction for federal income, tax purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement L Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registe W or certified mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice pa mmm to this pwwwh) To Grantor: EB]C Neuse 1, LLC 518 Plaza Blvd. Kinston, NC 28501 To Grantee, North Carolina Wildlife Habitat Foundation 300 North Greens Street, Greensboro, NC 27429 )JWQ Wetlands, Buft'ers, Stormwater Compliance and Permitting Unit 1650 Mail Savice Center Raleigh, NC 27699 -1650 I Fab m- of Grantee, X. 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 male an asargmnead ptiusuam 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 Conse:N*= Easement may be amended, but only in a writing signed by all parties hereto, ad provided such amendmem does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the consavahon purposes of this Conservation Easement. Book: 3003 Page: 714 rear;: 7 (gaga 6 of 12) 03003 PAGE721 Present Condition of the Pronertv. The wetlands, scenic, resource, emnrenmeffial, and other natural characteristics of the Conservation Easeme t Property, and its cumtnt use and state of improvement, are as do ibed in the Arrington Site and the Amangton Site is wlmowledged 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 4hhn chages in the use of the Conservation Easement Property will be consistent witb the two of do Conservation Easement However, this report is not intended to prechuie the use of other evidence to establish the present condition of the Conservation PA3cmet Property if there is a controversy over its um TO HAVE AND TO HOLD the aforesaid rights and easements perpetually unto Oredee for the aforesaid purposes. IN TEF MONY WHEREOF, the Granter has hereunto set its band and seal or if corporate, has caused the instrument to be signed in its corporate name by its duly authorized manager, the day and year fast written above. EBX NEUSE 1, LLC BY: (SEAL) Ely J. p7f, Signor STATE OF NORTH CAROLINA Co r a Notary Public for said County and State, do hereby E J. Perry, III, Manager, personally appeared before me this day and acknowledged that he is an authorized signor on behalf of EBX -Neale I, LLC, a Maryland Limited Liability Company, and that by mabority duly given and as an act of the compmny, he signed the forgoing iastrtrment in its name and its behalf as its act and deed Witrtm my hand and official seal, a j"y of 2013. lie e -.i -oa S Molt: 3003 page: 714 Bq: 8 (page 9 of 12) BOX3003 FAE722 IN 7MSIONY WHEREOF, the Gimmes has caused this instrin = to be signed by its & - Q15 N {'G'r'and its seal duly affnted, all by aWba ty given, ft day and year first above writtaa. NORTH CAROLINA WIImum mBIrAT FOUNDATION, INC. t� BY: J oy -'►'" "" �SEM.) i ePah NORTH CAROLINA COUNTY OF i, a Notary pnb ' in and for the County and State aformaid, do hmby cethfy that Grentoe, Personally appeared before me ibis day and acknowledged that belsbe is the of North Carolina wildlife Habitat Foundation, Inc., a North Carolina non -profit corporation, being authorized to do so, mauted the forgoing on behalf of the eorpotadm IN Wqmm WHEREOF, I have hereunto on my hand and Notary Seal t16 the day of 2013. 1 ��,�,���,,,,f��µ PEBYyMAN "Nb�6fy'R o. North Ca Ina Davidson County mu=les My commission expires: � '03� � �/� Book(: 3003 page: 714 se q: 9 (Page 10 of 12) X13003 M723 E)iMff A TO CONSERVATION EASEMENT from EBX -NEUSE I, LLC to NORTH CAROLINA WIIALIFE HalrAT FoumATION,1w, dated the I day of March, 2013. Bang the property shown on the map entitlod "SURVEY FOR THE MY OF GOLDSBORO, GOLDSBORO TOWNSHIP, WAYNE COUNTY. NX. ". and bang a total of 1$.940 Acts ± (17.973 Acres ± cwlndb* easement), said map bang dated 1ammy 22, 2013, prepared by Christopher K Pederick, Professional Lana Surveyor, and recorded in fiat cabinet N. Slide WD, of the Wayne County Registry. Said map is incorporated herein by reference. Also being the same propearrty conveyed to EBX. Neuse I, U C by dad registered m Book 2999, Page 144, Wayne County Registry. Book: 3003 Page: 714 seq: 10 (page 11 of 12) 03003 E724 TO CONSERVATION EASEMENT fi m EWE- ?TEM 1, LLC to NORTH CAROLINA WWLIFE HABITAT FOUMATION, INC., dated the 18* day of March, 2013. "Comavation Em m W Prapuc r BEING all of that Conservation Easement Alta, being 13.973 acres, .m. or less, eachwive of right - of- way, as shown on Easemeo Plat entitled "CONSERVATION EASEMENT SURVEY FOR EBX- NEUSE I. LLC" by Matrix East, PLLC, dated Jammy 290, 2013 and being registered in Plat Cabinet N, Slide 88-J, Wayne Coumy Registry, Nonh Caron= Hook: 3003 Page: 714 eag: 11 (Page 12 of 12) 03003 X725 gxwwr c CBR?IiPICAU OFAUMBM Tide UNDMAM HU16 9Y CERTIFY as lbws: A. We emoitate A of We Mambas of IM1,M B t, MC, a Maryland lfaahw ► (ft"CommuY9s a any Ift Comp is bmby maho*W to sell and awM real pre aW bmed in DwU% Oadow. Lanolr, Wayaa, Omx^ itn, Wake, Ommmr. Dam Cumvft insotiin. Noah, Wilson, Pfn, C O=6 lcmre, Finaiico, Cameral, S m % P=dw, New Hanover, Rieha aW and lohrtrtm Comsdm North Carolim. C The Company ifhareby madwiud to am* and dAva for reoo &dm amotrg the land records of DtrPk Omiow, Leach; Wayne, Orange, Peaso% Watt; Om m; Dwh m, FMOW . N=h, Was^ P. CM04 lass, Pea►1 w Carteret. Soong, Peach, New Hanover, Ridwamd and» Canes, North Carolina deol mdm of aonaavation cov==44 c+ aftom, and fc*JWM of aimdar iaaraanenta wftb reePoat to camdo seat prgpeaty lowed is mxh Coamt&a. sad D. My 1. Peay M and BW R or albs of dxm, are bracby aWbotieed to esearte and deliver (i) a dew conveying the p waty wecllied in Paragraph 8 above in dw name and on bdW of the Company and (ii) to ample and ddiva declmWkm or odtwr huftwmo specified in Paragraph C above in the nwm and on behalf of Oe Company sad (lil) to ado and deliver Awh odd doaanmaa, , and eardemes and to Moe sash otira actions in oomraxiosa the m th as fey, or c kber of them, deem apprwprfata. IN WTrt M WHEREOF. do undcAped have ammumd this Ca dficate as of the 76 day ofMsxh 2413. ENVMOAII1 W AL BANG& EX HANa%UX PERRY WEMA'+i D5,1.1.0 Dr5. �--�- 't3aa UL Rb ta4 A99wd cedFmW P I . �-Wo- 4 1 0 W, � 9�A Bm*: 3003 page: 714 M q: 12