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HomeMy WebLinkAbout20081473 Ver 4_As Built Report_20130614M?- 1413 v 1i THE JOHN R WADAMS COMPANY, INC. LETTER OF TRANSMITTAL To: Ms. Katie Merritt Date: June 13, 2013 NCDENR -DWQ 512 N. Salisbury Street Raleigh, NC 27603 ** FEDERAL EXPRESS ** Re: Arrington Bank Parcel Job No.: EBX -13020 I 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: 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 johmmcadamsx= An `F�o� �C11NfitC J jUN 1 4 2013 ARRINGTON BRIDGE BANK PARCEL NEUSE RIPARIAN BUFFER & NUTRIENT OFFSET MITIGATION SITE PHASE II AS -BUILT REPORT DWQ Project # 2008- 1473v.4 EBX -13020 1 June, 2013 --- 19@ @W[N 7juT-- 4 2011.3 Table of Contents 1.0 Introduction ............................................................................................... ............................... 2 1.1 Project Location and Description .......................................................... ..............................2 1.2 Project Goals and Objectives ................................................................. ..............................2 2.0 Project Area — Pre - Construction Condition Summary .............................. ..............................3 3.0 As Built Site Conditions ............................................................................. ..............................3 3.1 Restoration Plan ..................................................................................... ..............................3 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 Apipendix A: Site Ma ,Ls Figure 1: Site Location Map Figure 2: Conservation Easement Area Figure 2A. Neuse Buffer & Nutrient Offset Restoration Areas — Phase II Figure 3: As -Built Exhibit Ampendix B: Existing Conditions Photographs Aggendix C: 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 Appendix D: Vegetation Monitoring Plot Photos Appendix E: Vegetation Monitoring Plot Data Sheets Appendix F: Photo Station Appendix G: Permanent Conservation Easement 1 Environmental Banc & Exchange, LLC kjA&YtSiwcfrbch1mR. EcoEngineedng A[eA�CmgraX lnc. 1.0 Introduction 1.1 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 Bridge Bank Parcel (hereafter referred to as the Bank Site). The Bank Site will be developed in two (2) phases: Phase I and Phase II. According to the Wayne County Development Alliance Bank Parcel Development Package (EcoEngineering, April 2012), Phase II consists of Parcel Numbers 2598632250 and 2598543857. Since approval of the Bank Parcel Development Package (BPDP), Parcel Number 2598632250 has been subdivided into two parcels (Parcel Numbers 2598538731 and 2598622980). Parcel Number 2598538731 is located immediately adjacent to the east of John Street while Parcel Number 2598622980 is located immediately adjacent to the east of Parcel Number 2598538731. Phase II construction of the Bank Site easement consists of + 13.973 acres on Parcel Number 2598538731 (Figure 2). Figure 2A (Appendix A) is provided to illustrate the constructed approved BPDP. previously 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 II of the Bank Site is 13.973 acres (608,676 sf). Within the 13.973 acre CE, 4.460 acres (194,267 sf) is dedicated to Neuse Riparian Buffer Credits and 7.788 acres (339,245 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 G. 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 I, 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 1.2 Project Goals and Objectives The goals of this nutrient offset mitigation project are to: 00 2 iA Environmental Banc & Exchange, LLC ®EcoEngineering e��rne��e�e�►c�s�. 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 bF 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 (Ulmus Americana), paw -paw (Asimina triloba), swamp bay (Persea palustris), giant cane, and highbush blueberry (Vaccinium corymbosum). Photographs showing existing conditions prior to construction are located in Appendix B. 3.0 As Built Site Conditions 3.1 Restoration Plan Construction of Phase II of the Bank Site occurred in March 2013. Construction activities included planting the conservation area followed by staking of photo stations and vegetation fflo 3 Environmental Banc & Exchange, LLC [JEcoEngineedng M 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 C) provides a listing of planted species and a summary of total stems planted within Phase II 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 Allian ce Bank Parcel Development Package (EcoEngineering, April 2012). The .liA_wDy%ded_in _Wayne County eveLonment Alliance B na k Parcej I�Ey moment 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 Wayne County Development Alliance Bank Parcel Development Package (EcoEngineering, April 2012) will .. 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 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 C) provides a success summary for each vegetation monitoring plot. 4 Environmental Banc & Exchan e, LLC [AEcoEngineedng g e��rdm�etcaa�c�;�. 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 C). Table 3 (Appendix C) 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 D. Vegetation Monitoring Plot Data Sheets are provided in Appendix E. 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 F. 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 Vegetation. 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 planted 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 13.973 acres conservation easement (Figure 2), will be dedicated to Neuse Riparian Buffer restoration and Nutrient Offset restoration. A Neuse Riparian Buffer restoration area of 4.460 acres (194,267 sf) will be used to generate 4.460 acres (194,267 sf) of Neuse Riparian Buffer credits. The remaining 7.788 acres (339,245 sf) of riparian restoration area within the Site (i.e. areas outs; Ie of the Neuse Buffer) will provide Nutrient Offset Credits for nitrogen (currently based on 2,273.02 lbs of nitrogen/ac of 5 Environmental Banc & Exchange, LLC F4Adntsimcf7brJohmR. EcoEngineedng . riparian restoration). The Site will provide 17,702.28 pounds of Nitrogen 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 II 0 trees /acre 4.46 acres (194,267 sf) 0.00 TOTAL ACREAGE 4.46 acres (194,267 s 0.00 RATIO 1:1 3:1 TOTAL CREDITS 4.46 acres (194,297 s 0.00 NUTRIENT OFFSET RESTORATION CREDITS Conservation Area Nutrient Offset Restoration acres Nitrogen Credit 2,273.02 Ibs /ac Phase II 7.788 17,702.28 TOTAL CREDITS 7.788 17J02.28 6 Environmental Banc & Exchange, LLC AEcoEngineAdivisimaf1bcJcdmP- edng McAdrms Cmvpsoy lac. 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: http:// www. nceep .net/news/reports/buffers.12df. 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 [jEcoEngineedng Environmental Banc & Exchange, LLC Adivision of7heklmP- MNdrmsCrm�aOy,lvc. APPENDIX A Site Maps om 8 Environm Banc & Exchange, LLC [aental EcoEngineedng Adi`isim of The John R.!deAd�s C�gsa� Iqe. FIGURE 1 - USGS QUAD - SW /SE GOLDSBORO EC�En ineerin 0 1,000 2,000 4,000 g g 1 inch = 2,044 feet Feet A div=ision of The John R. McAdams Company, 1w. � npnp�rM'iwxnr�« tent IYA AI leelple IIIpIM A #1!!R Mltllnp qm wr ""nnt n""". M�Rp• � +�+ �a Ault Naaep AAMR tpep• F e A MIA pop "re R A 09"pn or my AR Ompo wn "M R �TIR et� r r� r r r� rt .now � till I �Irir ♦ 7 I* %* ! f ♦ FIGURE 2 t;; �Vlk '�c811i�s:+Z�trc� w�rr'ne ass Ar�+e+w,a�+.rte�as+c sA+A► weep ow_- "PRELIMINARY PL41`" NOT FOR SALES, CONVEYANCES, OR RECOROAT7QN. lR4v +YOB MRt/4 F Io[I'aa��! avrcrrot A w/!!A/'Ml�AAR AI�nAr �' - s11 J0r F'(TAO.w..,i vow m IN- e7R15Met^ yiAAkl1%' flee SM.E AdR lK• � 1pRP la' ileMRR 1.IrJC tli�i 1 mR.W.M. .F wr.. pill rweAw .r•ar. Awe it w ql6 q0. wplkR'iR.. !� ♦ � ete ape�e t' r r� r r r� rt .now � till I �Irir ♦ 7 I* %* ! f ♦ FIGURE 2 t;; �Vlk '�c811i�s:+Z�trc� w�rr'ne ass Ar�+e+w,a�+.rte�as+c sA+A► weep ow_- "PRELIMINARY PL41`" NOT FOR SALES, CONVEYANCES, OR RECOROAT7QN. lR4v +YOB MRt/4 F Io[I'aa��! avrcrrot A w/!!A/'Ml�AAR AI�nAr �' - s11 J0r F'(TAO.w..,i vow m IN- e7R15Met^ yiAAkl1%' flee SM.E AdR lK• � 1pRP la' ileMRR 1.IrJC tli�i 1 mR.W.M. .F wr.. pill rweAw .r•ar. Awe it w ql6 q0. wplkR'iR.. !� ♦ � ete ape�e FIGURE 2A - PROPOSED NEUSE BUFFER & NUTRIENT OFFSET RESTORATION AREAS EcoEngineering PHASE II 0 250 500 1,000 Feet A division of The John R. McAdams Company, Inc. 410M WAN%M 'M=% "Im l�a KW Tib N ma t IN t kirk WPKV yra FIGURE 3 cl ftwft—mw-"� "PREUMINARY PLAr NO Jr FOR SALCS, CONVEYANCES, OR RECOROA TfCW. loom mqp A& famm mw?- —4-- V -ft 6lM" AM INWW .wW . —W . "W ry comommo seam* I m =—= Off" "W '= 6?X-14EUSE 4 LLC. low-sw xft^Wl at.. 72mr, MARC OxAn". W Or 4w '3WF q"w r. WARM "Sr. NEW ONOWWAV- tAW • a ' MCA_ APPENDIX B Existing Conditions Photographs IM 12 6.1 Environmental Banc & Exchange, LLC [JEmEngineedng Admm=d1k Jabn 5L ! dints Ca�my, ivc PRO 'cT No. EBX -13020 1 F"E14"°E: E8X13020X.DWGI SCAM' AS SHOWN J DATE: 04 -04 -2013 EXISTING CONDITION It EXISTING CONDITIONS OF THE DITCH WITHIN PHASE LOCATED WITHIN THE NORTHERN SECTION FACING SOUTHEAST. VIEW OF DITCH TO THE LEFT NEAR THE RAILROAD EASEMENT. EXISTING CONDITION 2, EXISTIN6 CONDITIONS OF THE FIELD WITHIN THE NORTHERN SECTION FACING SOUTH. VIEW WITH .JOHN STREET LOCATED IMF�IEDIATLEY TO THE RIGHT OF PHASE II. AftoEngineening' A division of The John R McAdams Company. Inc, ENGV0=S • PLANNERS • SURVEYORS • &V>R[JNHE U RESEARCH TRIANGLE PASO • CHARLOTTE Em wal6an Puim", Duhsm NC MIS EXISTINS CONDITION 3t EXISTING CONDITIONS OF THE FIELD AND DITCH LOCATED WITHIN PHASE II AS DITCH INTERSECTS WITH JOHN STREET LOCATED WITHIN THE SOUTHERN SECTION FACING EAST. DITCH 15 WITHIN THE CENTER OF THE PHOTO. PROJECT ND. EBX -13020 ARMNGITON BRIDGE E EBX13020X.DWG BANK PARCEL yA divia� of The Jahn R McAd�mc Campmy, inc, b 5 PHASE II VIG�.PL &MRS NWNTAJ. AS SHOWN run DATE: 04 -04 -2013 BEM rnT�COl �Li �1 O �► e ,k ° �. 2 � c szas Environmental APPENDIX C Vegetation Assessment Data Banc & Exchange, LLC 13 [4EcoEngineedng A&!uw of ibc k4o R McAd�Cao�y, lrc. Table 1. Plant Species Summary Arrington Bridge Bank Parcel Neuse Riparian Buffer & Nutrient Offset Mitigation Site Phase II Wayne County, NC AS BUILT: May 23, 2013 EcoEngineering Project #: EBX -13020 Total CE Area =13.97 acres; Total Neuse Rinarian and Nutrient Offset Restoration Area =12.27 acres Scientific Name Common Name Species Type* Total Bare Root Species Planted Betula ni a river birch T 1,200 Fraxin;s'pennsylvanica green ash T 1000 Platanus occidentalis sycamore T 1,500 uercus michauxii swamp chestnut oak T 1,500 uercus nigra water oak T 1,500 Taxodium distichium bald cypress T 1,500 TOTAL NUMBER OF STEMS 8200 6 Notes* T = denotes medium to large tree Table 2. Vegetation Plot Mitigation Success Summary Table Arrington Bridge Bank Parcel Neuse Riparian Buffer & Nutrient Offset Mitigation Site Phase II Wayne County, NC AS BUILT: May 23, 2013 EcoEngineering Project #: EBX -13020 Vegetation Plot ID Vegetation Threshold Met ?* Tract Mean 1 Yes 100% 2 Yes 3 Yes 4 Yes * 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 Arrington Bridge Bank Parcel Neuse Riparian Buffer & Nutrient Offset Mitigation Site Phase II Wayne County, NC AS BUILT: May 23, 2013 EcoEngineering Project #: EBX -13020 AS BUILT ANNU MEANS Scientific Name Common Name I Species Type VP -1 I VP -2 I VP -3 I VP -4 1ATBUILT SUMMARY (March, 2013 Planted Stems Betula nigra river birch Tree 2 2 2 6 Frarinus enns lvanica green ash Tree 2 2 Platanus occidentalis sycamore Tree 6 4 4 2 16 ercus michauxii swam chestnut oak Tree 1 2 2 2 7 uercus ni a water oak Tree 2 2 1 3 8 Taxodium distichium bald cypress Tree 1 6 9 4 0 Stem Count Total 12 18 16 13 9 Size of Vegetation Plot Acres 0.02 0.02 0.02 0.02 .10 Number of Different Species 3 7 5 5 0 Stems Per Acre 486 728 647 526 97 Total CE Area = 13.97 acres; Total Neuse Riparian and Nutrient Offset Restoration Areab = 12.27 acres APPENDIX D Vegetation Monitoring Plot Photos Em 14 [4EcoEngineedng Environmental Banc & Exchange, LLC A&-Zg=ofThcJcdmPL! eAdamsCmgimytnc VE6ETATION PLOT It VIEW FAGIN6 15 "SE. V56ETATION PLAT 2- VIEW FAG146 23.5W. PROJECT N0. EBK-13020 AMUNGTON BRIDGE BANK PARCEL EcoEngineedng FILENAx ": EBX13020X.DWG d SCALE: v A S SHOWN PEE II ����,.� ENGRa M • PuNIGM • suewsr(M • Mav®a�Nrat In DATE: 04 -04 -2013 VEGETATION PLOT PHOTOS WAVNF f!nlrTMV A AM-1-1 rreunr rwrs ow7n4m. 4domawmamm. U; w.: aces � VWMATION PLOT 37 VIEW FAGIN6 WNE. WSETATION PLOT 4: VIEW FAC346 '15"5K IL a d 9 rn PROJECT NO. EBX -13020 FiLENAUE: EBX13020X.D SCATS: AS SHOWN DATE: 04-04-2013 AEcoEngineering A division of TLe John R. McAdams Compmy, Inc. ENGINEERS • PLANNERS • SURVEYORS • &VIRDPOIBNTAL RESLAWS TRUNCIE PAM . (HARLOM M midi,. Pvtwy. hhuhas W 27713 APPENDIX E Vegetation Monitoring Data Sheets 15 LA Environmental Banc & Exchange, LLC AEcoEngineeflng khIL' g � ee�aarn��a.eauw�.c�:�. Site: Arrington Bridge Bank Parcel Page- 1 W. ..,ring Year AS BUILT Date. 3/26/2013 Area Phase 2 Veg Plot No.: 1 X -axis: Plot Location: 5 °SW see sketch below CURRENT MO NI G YEAR DA A X I Y ddh Heiaht centimeter DBH cm Vlaor Notes Map ID Scientific Name Common Name Source meter meter millimeter 1 Quercus ni ra water oak B 0.4 1 1 0.73 51 3 2 Betula ni ra river it B 9.6 2.1 0.909 53 3 3 Platanus occidentalis sycamore B 6.6 29 0.445 57 3 4 Quercus michauxii swamp c estnut oak B 37 3.8 0.412 52 3 5 Platanus occidentalis sycamore B 0.3 4.3 0.419 50 3 6 Platanus occi entalis sycamore B 24 6.4 0.44 59 3 7 Platanus occidentalis sycamore B 3.2 0.4 0.553 45 3 8 Betula ni ra river birch B 5.3 5.8 0.424 54 3 9 Taxodium distichium bald cypress B 5.2 7.6 0.726 46 3 10 Platanus occidentalis sycamore B 7.5 78 0.87 58 3 11 Quercus ni ra water oak I B 1 1.61 9.21 0.5841 511 1 3 12 Platanus occidentalis sycamore IB 1 4.81 9.11 0.4341 Nk 1 3 xY = bare root x / Site. Arrington Bridge Bank Parcel Page. 2 M„,atoring Year, AS BUILT Date 3/26/2013 Area: Phase 2 Veg Plot No.* 1 X -axis. 5 0SW 1 i I I 0.5 0,05 13SEO c v o 1 is a iu X -AXIS Site: Arrington Bridge Bank Parcel Page: 1 Monitoring Year- AS BUILT Date. 3/26/2013 Area: Phase 2 Veg Plot No.- 2 X -axis: 16 0SE Plot Location: see sketch below CE g / Y xY ditch 176' I cm Maod Notes Site: Arrington Bridge Bank Parcel Page: 2 Monitoring Year- AS BUILT Date- 3/26/2013 Area: Phase 2 Veg Plot No.- 2 X -axis: 16 0SE 0. 0, 23SWO n 5 6 7 8 9 10 X-AXIS Site- Arrington Bridge Bank Parcel Page: 1 Mo...,,,ring Year: AS BUILT Date: 3/26/2013 Area- Phase 2 Veg Plot No.: 3 X -axis: 3 0NE Plot Location: see sketch below 1 I xY rditch ' em Site: Arrington Bridge Bank Parcel Page: 2 Muiatoring Year- AS BUILT Date: 3/26/2013 Area: Phase 2 Veg Plot No: 3 X -axis 3 0NE 0. W, f O :5 u.a i t 3 4 5 6 7 8 9'%� 10 X -AXIS Lim mm ME Emmmmmmm MMMMMOM- f O :5 u.a i t 3 4 5 6 7 8 9'%� 10 X -AXIS Site- Arrington Bridge Bank Parcel Page: 1 Mu. _.,ring Year: AS BUILT Date: 3/26/2013 Area. Phase 2 Veg Plot No.: 4 X -axis: Plot Location: 32 °SW see sketch below CURRENT O O I G x I Y ddh Height centimeter cm Vi aLor Notes Map cienti c Name Common Name Source meter meter millimeter I Platanus occider!111 s ca ore 0.2 0 8 0.762 49 3 2 Quercus ni ra water oa B 7 3.2 0.762 52 3 3 Taxodium distichium bald ress B 1.1 6 0.953 52 3 4 Quercus michauxii swam c estnut oak B 1.3 8.7 0.911 511 3 5 Quercus ni ra water oak 39 9.6 0.538 48 3 6 Platanus ocadentalis sycamore B 7.5 81 0.514 43 3 7 Betula ni ra river birch B 7.2 6.1 0.663 47 3 8 Taxodium distichium bald cypress B 4.2 6.3 0.66 46 3 9 Betula ni ra river birch B 32 3.6 0 368 49 3 10 Taxodium distichium bald-cypress B 7.1 2.8 0.435 43 3 11 Quercus michauxii swamp chestnut oak B 10 1.3 0.91 551 3 12 Taxodium distichium bald —cypress B 6.81 0.6 0.8981 501 3 13 Quercus rn ra Iwater oak B —3-1r- 0.2 03321 36 31 1 i ! i ! r B = bare root d tch i CE / 1 I I Site: Arrington Bridge Bank Parcel Page: 2 Iv.- ..Loring Year: AS BUILT Date: 3/26/2013 Area: Phase 2 Veg Plot No.: 4 X -axis: 32 0SW 0. 0, X -AXIS C SW° f5l,�* - mmmmmmm mmmmmmmmmmm mmmmmmmmmmmmm mtroli mm mm ��--- _-- - -.��s -gym - -� mm - - - -- - - - - -- X -AXIS C SW° f5l,�* LIB\ APPENDIX F Environmental Banc & Exchange, LLC Photo Stations 16 [jEcoEngineedng A mom® of lbe John R ntcnmms cam}; loe. n 9 b v PROJECT NO. EBX -13020 ' FILENAME: EBX13020X.DWGI SCALE: AS SHOWN DATE: 04 -04 -2013 F440TO STATION Is VIEW FAGIN& 48'SW. R OTO STATION 2c VIEW FAUN& WNE. AEcoEngineering A diviwim of The John R. McAdam` CompamY> Jne. RESEARCH 77IANGLE PARP . CHARLOTTE 2i05 Xmiiom Parkway. Mdum NC 2"13 eoaras 5616. a ,phooeea6� . lie No.: C-M PHOTO STATION 5+ VIEW PAGING '17.5E. PROJECT NO. EBX -13020 FILENAME: EBX13020X.D SCALE: AS SHOWN DATE: 04 -04 -2013 AEcoEngineedng A division of 1Le Jahn R WAdmc CompmY. br- ENGD=n a PIaNli M a WJRY6YCM a NTAL RMS IYCH TRUK 1E PAYE. CRAFJBM APPENDIX G Permanent Conservation Easement 17 [4E=Engineedng Environmental Banc & Exchange, LLC Adh45i ®ofTbcJcdn&.1 .leAd�caupmylnc mgo i of 12) oK3003 PA1E7 14 INVED 1016441 iao was tma W t�ca 3003 X714 -725 PREPARED BY AND RETURN TO: Ashley L. Warner PO Drawer 1475 Kinston. NC 28503 -1475 STATE OF NORTH CAROLINA COUNTY OF WAYNE PERMANENT CONSERVATION EASEMENT THIS CONSERVATION BASEMENT ("Conservation Easemenf l made this L day of March, 2013, by and between EBX -NEUSE I, LLC, a Maryland Limited Liability Company who has a place of business at 518 Plaza Blvd., Kinston, NC 28501( "Granwo and NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, a Non -Profit North Carolina Corporation with its principal office located at 300 North Greens Strcet, Greensboro, NC 27429 ("Graww"). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall inch'& singular, plural, masculine, feminine or neuter as required by context. RECITALS AND DECLARATIONS WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Wayne County, Nash Carolina and being more particularly described in Exhibit A attached hereto and incouporated herein (hereinafter referred to as the "Property" ); WHEREAS, Grantee is a n0upr08t ctuporation whose purpose is the conservation ofpraperty, and is q"Wed to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat.; 121 -35; WHEREAS, the purpose of this Conservation Easement is to maintain riparian nesanres and other natural values an a portion ofthe Property, consisting ofapproximately 13.973 acre% exclusive of Book: 3003 Page: 714 8": 1 (VA" 2 of 12) 823003 FART I5 right -of- way. and bolas more particularly described in Exhibit B attaebcd and incorporated herein by rofteace (hereinafter referred to as the "Conservation Easement Property). and preveut the use or development of the Conservation Easement Property for any purpose or In any meaner 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 inchuaion of the Conservation Easement Property in the "WAYNE COUNTY DEVELOPMENT ALLIANCE BANK PARCEL` Wayne County. North Carolina, BANK PARCEL DEVELOPMENT PACKAOE" now known as "Arrington Bridge Bank Parcel" dated April 27, 2012 ( "Arrington Site') which was approved by the North Carolins Department of Environment and Natural Resources — Division of Water Quality ( "DWQ'7, and this Conservation Easement may therefore be enforced by the State of North Carolina. WHEREAS, the preservation of the Conservation Easement Property is required by due Neese Riparian Buffer Umbrella Mitigation Bank, made and entered into by and between EBX -Norse 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 representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and convoys unto Grantee. its heirs, successors and assigns, forever and in perpetuity a conservation easement over the Conservation Easement Property, of the nature and character and to the extent hereinafter set forth, overt portion of due PMM together with the right topresetve andprotwt the conservation values thereof; as follows: ARTICLE L DURA 1TON OF EASEMENT This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE IL PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of 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 uses are expressly prohibited, restricted or reserved as indicated hereunder A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural features of the Conservation Easement Property or any introduction of non- native plants and animal species is prohibited. Book. 3003 Page: M Seq: 2 (facto 8 of 12) IM3003 FAK716 13. Cm0w&& Thar shall be no constructing or placing of any building, mobile home, aspbalt or t o octe pavement, bipboard or other advatising display, antenna. utility pole, tower. conduit, tins, pier. lending. dock or any other temporary or permanent structure or facility on or above the Conservation Easement Property. C. huluxtrial. Commercial and Residential Use. Industrial, residential and commercial activities. including any right of passage for such purposes is probibitsd D. ASEIMIUnL Grezina and Hgabhural UnAgricultural, grazing, animal husbandry, and horticultural use of the Conservation Easement Property are probibited. E. yA;qjpdg&-Thee shall be no removal, burning, destruction, harming, cutting or mowing of try, shrubs. or other vegetation on the Conservation Easement Property. F. Roads and Trails. There shall be no construction of made, trails or walkways on the Conservation Easement property; nor enlargement or modification to existing roads, trails or walkways. 0. jjgpM No signs shall be permitted on or over the Conservation Easement Property, except Me posting of no trespassing signs, signs identifying the conservation values of the Conservation Easement Property, signs giving directions or proscribing mks and regulations for the use of the Conservation Easement Property and signs identifying the Grantor as owner of the Conservation Easement Property. H. ping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or above growl storage tanks or other materials on the Conservation Easement property is prohibited 1. Excavation. Dr g ft or Mineral Use. Thee shall be no grading, filling, excavation, dredging, miming or drilling; no removal of topsoil, sand, gravel, rock. peat, minerals or other materials, and no change in the topography of the land in any manner on the Conservation Easement Property, except to restore natural topography or drainage pattern. J. Wooer Quality and Dminaee Pattern. There shall be no diking, draining, dredging, ebanneft filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the Conservation Easement Propety by any means, removal of wetlands, polluting or disebarging into wateus, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited K RightL)lo development rights that have been encumbered or extinguished by this Conservation Easement shall be transfernd pursuant to a transferable development rights scheme or cluster development arrangement or otherwise: L. Vdrietes. The operation of mechanized vehicles, including, but not limited to. dut bikes. all - terrain vehiclm cars and trucks is prohibited abov4 on or over the Book: 3003 Page: 72A aeq: 3 (Page 4 of 12) 013003 P4717 Conservation Basement Property, other than for temporary or occasional access for purposes of maintaining the restoration within the Conswv6don Easement Property. M. Other PmhibilippA,Aay other use o4 or ttetivity on, the Conservation Ltasemcrtt Property which is or may become inconsistent with the purposes of this grant, the preservation of the Conservation Easement Property substands1W in its natural condition, or the protection of its anima mental systems, is prohibited. ARTICLE III GRANTOR'S RESERVED RIGHTS The Grantor expressly reserves for themselves, their personal representatives, heirs, successors or assigns, the right to continue the use of the property for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation Easement Property, the rights of ingress and egress, the right to hunt, fish, 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 sale, transfer or gift conveyance is subject to the teams o4 and shall specifically rckrenev, this Conservation Easement. Notwithstanding the foregoing restrictions. Grantor reserves for EBX -Noose I. LLC, ae Bank Sponsor, its successors and assigns, 0) the right to construct, monitor and maintain a mitigation bank on the Conservation Easement Property and (ii) the right to any and all mitigation credits derived rmm thgl n++aenrntinn Roppene psi ARTICIZ IV ORANTEE'S RIGHTS A. Inrrsess. Earess. and ROME: 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 activities to restore, manage, maintain, enhance and monitor the wetland and riparian resources 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 rights. B. Right to InoyL Observe and Study. The Grantee or its authorized representatives, successors, assigns and DWQ shall have 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 rtatives, beirs, successors, or assigns, is complying with the teams, oondidons, restrictions, and purposes of this Conservation Easement. The Grantee shall also have the right to enter and go upon the COnseavOon Easement Property for purposes of making scientific or educanonat observations and studies, and taking samples. The easement rights granted herein do not include public access rights. Book: 3003 Page: 714 Seq: 4 03003 M718 ARTICLE V L'NFORCEMENT AND REMEDIES A To accomplish fie purposes of this Easement, Grantee is allowed to prevent any activity on or use of the Conservation Easement Property diet is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features of do Conservation Essoment Property that may be damaged by such activity or use. Upon any breach of Are terms of this Conservation Easement by Grantor that camel to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to cofrect the conditions constituting such breach. If the breach remains uncured aver 30 days, the Grantee may enfoim this Conservation Easement by appropriate legal proceedings moludiag damages, injunctive and other relict Notwithstapding the foregoing, the Grantee reserves the immediate right, without notim to obtain a temporary restraining order, igjunctivc or other appropriate relief if the breach of the tens of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, aid not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The coats of a breach, correction or restoration, including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor. provided Grantor is determined to be responsible for the breach DWQ shall have all the same rights and privileges as the said Grantee to enforce said terms and agreements COMA nht witlrin thic �'An¢etV9[i011 Easement B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge at invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. C. Nothing contained in this Conservation Easement shall be concaved to entitle Grantee to bring any action against Grantor for any injury or change in the Conservation Easement Property resulting from causes beyond the Grantor's control, including, without limitation, Gm, flood, storm, war, acts of God or thud parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate. or mitigate sigtrrficsnt injury to life, damage to property or harm to the Conservation Easement Property resulting from such causes. ARTICLE VI MISCELLANEOUS A We Grantor warrants, covenants and represents that they own the Conservation Eases Property in fee simple, and that Grantor owns either all interests in the Conservation Easement Property which may be impaired by the granting of" Conservation Eastman or that there are no outstanding mortgages, tax liens, en aamtbranees, or otter intmests in the Conservation F.saement property which have not been expressly subordinated to this Conservation Eater with the exception of the Declaration granted previously by Grantor for rho benc& of the DWQ found in deed registered in Book 3992, Page 588, Wayne Book: 3003 Page: 714 Seq: 5 (Pop 6 of 12) 100000 3 PaSE7 19 County Registry. Grantor fiirdier warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Essemont. and that Grantor will warrant and defend title to the Conservation Easement Property against the claims of all persons. B. Sidmuent Teanaf r.. The Grantor agrees to incorporate the terms of this Conservation Easement in airy deed or odor legal instrument that transfers any interest in all or a portion of the Conservation Easement Property. The Grantor agrees to provide written notice of such transfer at least thirty (30) days prior to the date of the transfer. The Grantor and Grantee agree that the terns of this Conservation Easement shall survive any merger of the fee and easement interests in the Conservation Easement Property or any portion thereof and shall not be amended, modified or terminated without the prior written consent and approval of the DWQ. Grantor shall not subdivide any Conservation Easement Property without prior, written approval from the DWQ. C. Q@gitnment,. The patties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provid4 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. Star. § 121 -34 et seq. and ¢ 170(h) of the Internal Revenue Code. and the Grantee further covenants and agrees that the tams of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. V. Haim, Airivefflow and So s' anive agreement Of1he parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. Many provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. E. Qblitfill= of Owrimbin. GranWr is responsible for any real estate taxes, assessments, floes, of charges levied upon the Conservation Easement Property. Grantor shall keep the Conservation Easement Property lice of any liens or other encumbrances for obligations incurred by Grantor. Grantee sball not be responsible for any cats 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. Ewan shment In the event that changed conditions render impossible the continued 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. 0. Eminent Domain: Whenever all or part of the Conservation Easement property is talm in the exercise ofeminent domain so as to substantially abrogate the restrictions imposed by this Conservation Rasdmm, Grantor and Grantee sball join in appropriate actions at the time of such �m recover the full value of the taking, and all incidental and direct damages due to nook: 3003 Page: 714 Seq: 6 (Page 7 of 12) 10013003 FAK720 H. EmmdLThlo Conservation Easement constitutes a real property interest immediately vested in Qrantea. In the event that all or a portion of this Conservation Easement Property is sold, exd mpA, or involuntarily converted following an extinguishment or the exercise of eminsat domain. Grantee shall be entitled to the fair market value of this Conservation Easement, The parties stipulate that the fair market vain of this Conservation Easement shag be dowmined by multiplying the fair market value of the Property that is unencumbered by this Conservation Easement (minus any increase in value offer the date of this gran: attributable to improvements) by the ratio of the value of this easement at the tints of tbis grant to the value of the Property (without deduction for the value of this Conservation Easement) at the time of this gram. 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, pursuam 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 manna consistent with the purposes of this Conservation Easement. I. Nod Any notim request for approval, or other communication required under this Conservation Easement shall be seat by registered or certified mail, postage prepaid; to the following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph) To Grantor: EBX Norse L LLC 412 Pte7a Rlvd Kinston, NC 29501 To Grantee: North Carolina Wildlife Habitat Foundation 300 North Greens Sheet, Greensboro, NC 27429 DW2 Wetlands, Buffers, Stormwater Compliance and Permitting Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 I Failure of Grantee. I£ 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 tint occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee's interest shall become vested in another qualified granim in accordance with an appropriate proceeding in a court of competent jurisdiction IL Amendment This Conservation Easement may be amended, but only in a writing signed by all patties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of die Grantee under any applicable laws, and is consistent with the won purposes of this Conservation Easement. Book: 3003 Page: 714 Seq: 7 (Page S of 12) loOK300 3 FAOE7 2 Present Condit m of the Pronaity. The wetlands, scenic, resource. onvironmental, and other MUMS[ characteristics of the Conservation Easement Property, and its current use and state of improvement, are as described in the Arrhtgton Site and the Arrington Site is acluvwledged 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 tho parties to assure that any f4ture changes in the use of the Conservation Easement Property will be consistent with the leans of this COnservation Easement However, this report is not intended to preclude the use of other evidence to establish the present condition of the Conservation Easement Pmpaly if there is a controversy over its use. TO HAVE AND TO HOLD the aforesaid rights and easements perpetually unto Grantee for the aforesaid purposes. IN TESTIMONY WHEREOF, the Grantor has herounto set its hand and seat or if corporate, has caused the instrument to be signed in its corporate name by its duly authorized manager, the day and year first written above. BY: Ely, STATE OF NORTH CAROLINA LUc CO � 9 Bn� a Notary Public for said County and State, do hereby E �PewrMy, anag er, Personally appeared before the this day and aclaowledged that he is an authorized signor on behalfof EBX -Neese I, LLC. a MaryWW Limited Liability Company, and that by authority duly given and as an act of the Company, he signed the tnrgoing instrument in its name and its behalf as its act and deed. Witness my hand and official seal, re day of 2013. d o tic /-3 -oal sv" Book: 3003 Page: 714 8eq: 8 (Page 0 09 12) 00093003 PAK722 IN TESTIMONY WHEREOF, the grantee has caused this instmn cat to bo signed by its —.J Y^-L 0-5 u i Y'and Its seal duly afitxed. all by audwky given, die day and year first above written. NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, INC. By: [a.14ow,�E" NORTH CAROLINA COUNTY OF l 7.All., 1. a Notary Pubjic in and for the County and State aforesaid, do hereby cehify that t3ranlee„ personally apps hofam ma N.h• A— anA —L• I.A...,A •l..,• Ls1.16- S. .r.. —T n .. w — _A Carolina Wildlife Habitat Foundation, Inc., a North Carolina non-profit corporation, being authorized to do so, executed the foregoing on behalf of the corporation. IN W17WEM WHEREOF, 1 have hereunto set my band and Notary Seal this the /61 day of ' 2013. V jd�"',"- PERYYMAII 0 0. North cam/moo Psvldsoe County My o mta l0 PIrOa My commission expires: ,gl -W o/ f/ Hoot: 3003 Page: 714 seq: 9 as" 10 of 12) X1(3003 0723 EXHIBIT A TO CONSF.dr;VATTON EASEMENT from EBX -MUSE I, LLC to NORTH CAROLMA WiLDLWE HABITAT FOUNDATION, INC., dated the le day ofMarch, 2013, Being the property shown on the map en6ded "SURVEY FOR THE C17 Y OF GOLDSBORO, GOLDSBORO TOWNSHIP. WAYNE COUNTY. N.C. ", and bcing a total of 16.940 Acm;t (17.975 Acres i excluding csaeman), said map being dated I 22,1013, prcpared by Christopher K Paderick Professional Land Surveyor. and recorded in Plat Cabinet N. Slide SS-D. of the Wayne County Registryy. Said map is incorporated herein by referme. Also being the same property conveyed to EBX- Neum L L LC by deed registered in Book 2999, Page 164, Wayne County Registry. Book: 3003 Page: 714 Seq: 10 1" 21 of 121 03003 E724 MIBIT B TO CONSERVATION EASEMENT f m BOX-NI°.USE 1, LIC to NORTH CAROLINA WHAT IPE HABITAT FOUNDATION, INC., dated the 10 day of March, 2013. "Conservation Easement Property" BEING all of tbat Conservation Easement Ares, being 13.973 amm, man or less, exclusive of right - of -way, as shown on Essoment Plat entitled "CONSERVATION EASEMENT SURVEY FOR EBX- NEUSE 1. LLC- by Matrix East, PU.C. dated Jatwary 290, 2013 and being registered in Plat Cabinet N, Slide 88 -1. Wayne County Registry. North Carolina. Hook: 3003 Page: 114 seq: 12 we" 12 of 121 NIX3003 0726 IE XWOW c FWNEcrSFI>.LI.0 C!ldt11Plam OFtit>oMDRU 11tH tJ1JDFRSJONED It8R8BY CF.itTQIY w foUow+I: A. We c=W ute all of the lsmbn of EDX.NP.IJSB t, LI.C, a Maryland limited liab!* (We"Camay'): B. rm Company is hereby mwwivd to self and oomw real Property loemed In Duplio, endow. U wtr, Wourt, OAW,% Penton, wake clrahms, Dhuham, Manville, Plankiln, Naev, Wilton, Pitt, Craven, Jong„ Paadiooy Charterer. Samoan, Peder. Now Haoovwr. Riclu mnd and Johnston CRIM" North Carotin : a The CatrWW Memby audwd d to arm and deliver for recordation among the lead records of D*Un, OWIM, Look. Wayne, Orangq, Patron. W" Ore M D WOO GmIIAIIe Franklin, )adi, WHOM Pte. CtsnM lotus, PSWIM CaRerat, SO=% Pander. New Hanover, Ri=nd and Johnston Couhda. Nora Casolma dtahnations of cou veil m oovet+w% eonM=, AM rastrkt m of shailsr nuuments with rapm to a ataio real property located In Rich Comma; Sad D sn., t Vann III and Rut Rr'.dabih. of eidw of d, ereatte and deliver (i) a deed Iowa iog the property Specified in Paragraph B above in the nears and on b&W of the Company and (ti) to execute and deliver decleretons or other tnshunatt specified in Paragraph C above in the name and on behalf of the Company and ( iii) to execute and deliver Suds other downer „ mss, and certificates and to take ouch other actions in cormaotion d ewith as they. or diem of thm dm appropriate. IN W117MS WHEREOF, the tmdasigned have executed this Certificate as of the 71 day ofMateb 2013. ENVRtONMWAL BANC& EXCHANOB, LLC PBRAY WBILAM. M UC By: 11onmL,ltbAW AU901sedPaaom Hook: 3003 Page: 714 M q: 12 o l' REVIEW OF77CER OF,'. 1 WAYNE COUNTY, CERTIFY THAT THE MAP 17R PLAT "p WHICH THIS CERTIFICATION IS AFT7XED MEETS ALL STATZZURY REQUIREMENTS FOR RECORDING. �. \- S 13'48 34 • EPKI e REVIEW !}FF7CER 24 �61.87(n, \ L -4 SITE t'•, I {CC) \L =3\ � `\., 9915 ( ` \ / EI EIS w \�\ 9 � F� �(tr ,/C nLED FOR REGISTRATION So\ ``�. 2013. _ M B�.S� s PLAT CABINET PAGE �jr, r� 1999 i 1 r fi \ %�` c► % ; f /,` -7 \. \5\ 1 ��f rr•�" S �`. REGISTER OF DEEDS e I f w ` �/ // j ` \ �'li WAYNE COUNTY tvf+ A F? T0J EIS Ej LAKE r �5 r r / ✓ } / VICINITY MAP EBX -NEUSE I, LLC. 1 �` (NOT TO SCALE) DB 2999, PG 164 PC N, SL 88D -, ` \ \ \ ,' \// LINE TABLE LINE BEARING LENGTH L -1 S 6449'36" E 33.23' L -2 N 25 "10'24' E 20.00' L-3 N 64`4936" W 36.98' L -4 N 153830" E 46.50' cl) (/f (f fir, / f / / co Q EXISTING 30' WIDE EASEMENT 15' EACH SIDE OF CENTERLINE DB 2777, PG 482 / fl o / / FLOOD STATEMENT j THIS PROPERTY IS LOC47ED IN ZONE ' AE " AND IS LOC4TED WITHIN A SPECIAL FLOOD HAZARD AREA, AS DETERMINED BY NF7P RATE MAP DATED DECEMBER 2, 2005 COMMUNITY PANEL NUMBER 370254- 2588 -J jfJ/ j ** Q\ j� j j CONSERVA77ON EASEMENT LINE-- -•« _` / (DB 3D03, PG 714) QJ V / / j,� (PC N, SL 88-J) G3 J� / EBX -NEUSE I, LLC. NOTES: DB 2999, PG 164 EIS I. NO NC GRID MONUMENTS WERE LOCA7ED WITHIN 2000' OF PC N, SL 88D / THIS PROPERTY Z ALL DISTANCES ARE HORIZONTAL GROUND MEASUREMENTS IN FEET & DECIMALS THEREOF, UNLESS OTHERWISE NOTED. / i / �"j ,✓ 3. THIS PROPERTY IS A PORTION OF PIN NO. 2598632250. EIS � EIS r rr /\ E)0S77NG 30' WIDE EASEMENT / = NUTRIENT OFFSET RES'TOR4770M AREA / / 15' EACH SIDE OF CENTERLINE / ro ,5�i' EIS DB 2777, PG 482 � =NEUSE BUFFER RESTORATION AREA ?.^• =.{S \ � /T 763,7 ?.� `.� •' ; ~•�' \\ \ / \ \- \ ~ ��\ '�► \ \ 197.32 w . EIS �- EIS (CC) 385.3. � J SOURCE OF 77ME G 'r ` THE CITY OF GOLDS80R0 C� DB 2038, PG 569 DB '2999, PG 164 Z/ Q EMN PC L, SL 89 -H ' PC N, SL 88D +?/� op ACREAGE DATA (BY COMPUTER) CONSERVATION EASEMENT ' = 13.973 AC.*- NUTRIENT OFFSET RESTORA77ON AREA 7.788 AC.* (339,245 SFf) NEUSE BUFFER RESTORATION AREA 4.460 ACi. (194,267 SFt) fifi LEGEND R/W = RIGHT OF WAY C/L = CENTERLINE NIS - NEW IRON STAKE EIS = EXISTING IRON STAKE EMN = EXISTING MAG NAIL EPK = EXISTING PK NAIL (R) = TIE LINE (CC) = CONTROL CORNER — - - -- = ADJOINING PROPERTY. LINE FILE -COPY 1, CHRISTOPHER K. PADERICK, PROFESSIONAL LAND SURVEYOR NO. 4189, CERTIFY THAT THIS SURVEY is OF ANOTHER CATEGORY. TO WIT,• AN EASEMENT SURVEY. L- 4189 ' STATE OF NORTH CAROLINA. WAYNE. COUNTY CHRISTOPHER K. PADERICK CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM N 'ACTUAL SURVEY- MADE UNDER MY SUPERVISION; (DEE -D DESCRIP77ON RECORDED IN MAP & DEED BOOKS NOTED), THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMA77ON REFERENCED HEREON; THAT THE RA770 OF, PRECISION AS WAS PREPARE IN ACCORDANCE W17H1as. 7 -3Q AS IS PLAT AMENDED. W MESS MY ORIGINAL SIGNAT IJR& REGISTRATION NUMBER AND SEAL THIS. 30TH DAY OF JANUARY A.O., 2013