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
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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).
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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
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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
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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
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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
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AEcoEngineering
APPENDIX A
Site Maps
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APPENDIX B
Vegetation Assessment Data
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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
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PHOTO STATION 13 VIEW FAGIN6 46*SK
PHOTO STATION Z, VIEN FAG016 50'W
PHOTO STATION 31 V IEH FAGINS TME.
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parr -"- EBX- 13020
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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