HomeMy WebLinkAbout20201937 Ver 2_DRAFT As-Built Report_20220919ID#* 20201937
Select Reviewer:
Katie Merritt
Initial Review Completed Date 09/19/2022
Mitigation Project Submittal - 9/19/2022
Version* 2
Is this a Prospectus, Technical Proposal or a New Site?*
Type of Mitigation Project:*
Stream Wetlands Buffer Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name:*
Barrett Jenkins
Project Information
ID#:* 20201937
Existing ID#
Project Type: DMS Mitigation Bank
Project Name: Dead Tree Phase A Mitigation Site
County: Edgecombe
Document Information
O Yes O No
Email Address:*
bienkins@restorationsystems.com
Version:* 2
Existing Version
Mitigation Document Type:*
Mitigation As -Built Plans
File Upload: 2020-1937v2 Dead Tree Phase A - As -Built
34.77MB
Report_.pdf
Please upload only one PDF of the complete file that needs to be submitted...
Signature
Print Name: * Barrett Jenkins
Signature: * _�r -A
As -built & Baseline Monitoring Report
DEAD TREE PHASE A NUTRIENT OFFSET BANK PARCEL
DWR Project # 2020-1937 V2
Tar -Pamlico River Basin
In Agreement with:
The Dead Tree Mitigation Banking Instrument for
Nutrient Offset Mitigation Credits Pursuant to the
Tar -Pamlico Nutrient Management Strategy
September 2022
Prepared By:
RFSTORATION
SYSTEMS I
Restoration Systems, LLC
1101 Haynes St. Suite 211
Raleigh, NC 27604
Phone: 919-755-9490
Fax: 919-755-9492
Dead Tree Phase A Nutrient Offset and Bank Parcel
DWR Project # 2020-1937 V2
As -built & Baseline Monitoring Report
Table of Contents
1.0 Introduction 1
2.0 Parcel Location 1
2.1 Parcel Background 2
2.2 Parcel Objectives 2
3.0 Restoration Activities 3
3.1 Riparian Area Restoration Activities 3
3.2 Parcel Protection 5
4.0 Mitigation Potential 5
5.0 Monitoring Protocol & Success Criteria 5
5.1 Monitoring Protocol 5
6.0 Financial Assurance 6
7.0 References 6
Appendix A: General Figures and Tables
Figure 1 - Parcel Location / Service Area
Figures 2 - Current Conditions Plan View
As -built Survey — Sheets 1-4
Table 1 - Project Credit Table
Table 2 - Project Activity and Reporting History
Table 3 - Project Contact
Table 4 - Project Baseline Information and Attributes
Appendix B: Baseline Vegetation Data, CVS Output Tables
Table 5 - Baseline Vegetation
Vegetation Plot Photos 1 - 49
Appendix C: NC DWR Stream Determination and Buffer Viability
Appendix D: Conservation Easement
Dead Tree Phase A Nutrient Offset and Buffer Mitigation Bank Parcel pg. i
As -built & Baseline Monitoring Report —September 2022
1.0 Introduction
Restoration Systems (Sponsor) is pleased to provide the North Carolina Division of Water Resources (NC
DWR) this As -built & Baseline Monitoring Report for the Dead Tree Phase A Bank Parcel (Parcel). As
agreed upon in the Dead Tree Nutrient Offset Umbrella Banking Instrument (UBI) and Dead Tree Phase A
Bank Parcel Development Package (BPDP), made and entered into on October 19, 2021 by Restoration
Systems, LLC, acting as Bank Sponsor (Sponsor), and the North Carolina Department of Environmental
Quality (NCDEQ), Division of Water Resources (DWR). This document details the riparian area restoration
activities, monitoring efforts, and the final mitigation potential of the Parcel.
Measuring 65.15 acres, the Parcel is designed to provide mitigation credits for unavoidable impacts due
to development within the Tar -Pamlico River Basin. NCDWR representatives conducted an onsite
determination for parcel applicability and suitability of Site Features on December 30, 2020 and January
5, 2021. A Site Viability letter for Buffer & Nutrient Offset was provided by the Division on April 6, 2021
and May 11, 2021.
Restoration Systems (RS) was granted a Conservation Easement by Carey Newsome Barns and Nancy
Harris Craven etal. The Conservation Easements were recorded at the Edgecombe County Register of
Deeds on; Book No. 1754, Page 1009 — 1023 and Book No. 1754, Page 992 — 1008 respectively.
(Appendix D).
RS began preparation for restoration of the riparian buffer and planted the Parcel in February of 2022.
Riparian buffer restoration activities included ripping/bedding of the parcel with a narrow set plow, bare -
root planting, and broadcast application of a permanent seed mix. During April 27 — May 5, 2022, Axiom
Environmental installed forty-nine (49) Carolina Vegetation Survey (CVS) monitoring plots and collected
as -built data (Appendix B).
2.0 Parcel Location
The Parcel is located between Whitakers and Leggett, approximately 5.5 miles east of the town of
Whitakers in Edgecombe County, NC. The Parcel is within the Tar -Pamlico River Basin 14- digit USGS
Cataloging Unit 03020101130100 of the Middle Atlantic Coastal Plain (North Carolina Division of Water
Quality [NCDWQ] Sub -basin Number 03- 03-02) (Figure 1, Appendix A).
Parcel Location: (36.093067°,-77.621206°)
Directions to Parcel from Raleigh:
Get on 1-440 E from Capital Blvd (2.4 mi)
Take exit 14 and continue on US-64 E (43.9 mi)
Take exit 464 and merge onto 1-95 N toward Richmond (6.4 mi)
Take exit 145 for NC-4/NC-48 toward US-301 and turn left onto NC-4 N/NC-48 N
(1.0 mi)
Turn right onto Watson Seed Farm Rd (3.4 mi)
Turn right onto NC-33 E (3.0 mi)
Turn left onto S White St/White Oak Swamp Rd (0.1 mi)
Turn right onto W Pippen St and continue onto NC-33 E (5.4 mi)
Turn left onto Red Hill Church Rd and destination is on the left (0.3 mi)
Latitude, Longitude: 36.093067°,-77.621206°
Dead Tree Phase A Nutrient Offset and Buffer Mitigation Bank Parcel Page 1
As -built & Baseline Monitoring Report —September 2022
2.1 Parcel Background
The Parcel encompasses 65.15 acres of land over one tract of forested and open historical agricultural
fields. Prior to Parcel development, land use is described as agricultural row crop production including
cotton, corn, and peanuts. The landowners regularly applied fertilizers and herbicides to the fields. Site
Features are devoid of woody vegetation outside of forested areas due to historic and agricultural
practices.
The Parcel is comprised of one tract with hydrological features that drain to White Oak Swamp
approximately 1.2 miles downstream. White Oak Swamp is classified as C and NSW by DWR. Class C waters
are designated for recreational use, agriculture, fishing and fish consumption, and the maintenance of
biological integrity for wildlife. The NSW designation applies to surface waters that are experiencing
excessive growths of microscopic or macroscopic vegetation.
There were no existing structures in the project area. An existing utility line runs along the northern edge
of Red Hill Church Road. The utility lines are excluded from the Parcel's footprint. An additional five-foot
offset will be applied between the utility right-of-way and the start of the conservation easement
boundary.
2.2 Parcel Objectives
The primary goals associated with the restoration of riparian areas within the Bank Parcel focused on
providing ecological and water quality enhancements to the Tar -Pamlico River Basin by restoring the
riparian area to create a functional riparian corridor. Goals were accomplished as outlined in the following
table.
Goal
Objective
Decrease nutrient levels
Nutrient input will be decreased by filtering runoff from the
agricultural fields through restored native buffer zones. The off -
site nutrient input will also be absorbed on -site by filtering
flood flows through restored floodplain areas, where flood
flows can disperse through native vegetation.
Decrease sediment input
Sediment from off -site sources will be captured by deposition
on restored floodplain areas where native vegetation will slow
overland flow velocities.
Decrease water temperature and
increase dissolved oxygen
concentrations
Planted riparian trees will shade the streams as they mature
reducing thermal pollution.
Create appropriate terrestrial
habitat
Riparian areas adjacent to ditches and streams will be restored
by planting native vegetation.
Permanently protect the project
Parcel from harmful uses
A conservation easement will be recorded on the Parcel.
Dead Tree Phase A Nutrient Offset and Buffer Mitigation Bank Parcel
As -built & Baseline Monitoring Report —September 2022
Page 2
3.0 Restoration Activities
Riparian area restoration involved planting appropriate native tree species along the 200-foot-wide
riparian corridor of streams and hydrologically connected ditches at a density of 680 stems per acre on
8ft x 8ft spacing. Vegetation management and herbicide applications may be needed over the first few
years of tree establishment in the riparian restoration areas to prevent encroachment of undesirable
species that may out -compete the planted native vegetation. Tree species planted across the riparian
areas of the Parcel included those listed in Table 6. Stems were mixed prior to planting to ensure diversity
of bare roots across the planted area. A seed mix including the species listed in Table 7 were applied to
provide temporary and permanent ground cover for soil stabilization and reduction of sediment loss
during rain events in areas without existing herbaceous cover. Planting took place on March 13, 2022.
Table A — Restoration Plan Activities
Restoration
Plan Activity
Phase Specific Actions
Within the Site' s proposed conservation easements:
- Treatment of Bermuda and fescue grass species within active pasture areas (see
Herbaceous Treatment note above).
- Site -wide discing of agricultural and pasture areas ahead of planting — discing
occurred parallel to the Site Features, promoting floodwater attenuation by
Riparian
increasing frictional resistance of floodwaters crossing Parcel floodplains.
Restoration
- Establishment of a native herbaceous community via site -specific seed mix (see
Planting List — Table D)
- Establishment of a native hardwood forest via the planting of bare -root saplings
from the top of bank out a maximum of 2QB' along Parcel Features —Planting List
—Table C
Table B — Summary Protection Activities
Parcel
protection
(65.44 acres)
1.) Carey Newsome Barns and Nancy Harris Craven etal. The conservation easements
were recorded at the Edgecombe County Register of Deeds on; Book No. 1754,
Page 1009 — 1023 and Book No. 1754, Page 992 — 1008 respectively. (Appendix D).
2.) RS marked the easement at every corner with an iron, CE cap, and corner t-post.
3.1 Riparian Area Restoration Activities
Restoration of the riparian area allows for recolonization and expansion of characteristic species across
the landscape. The riparian areas were restored according to the Consolidated Buffer Mitigation Rule
15A NCAC 02B .0295. The planting plan for the riparian restoration area included planting 43,850 native
bare -root hardwood saplings across 60.02 acres at a Parcel density of +/- 600 stems per acre and live
stakes for stream bank stabilization where necessary. The planted species composition is intentionally
diverse and while based on these communities, also accounted for local observations and nursery
availability.
All species were selected based on their ability for sediment stabilization, rapid growth rate, the ability to
withstand hydraulic forces associated with flood events, suitability to specific soil types, and Parcel
conditions. Tree species were mixed thoroughly before planting to provide a diverse and random plant
across the Site. Planting density is set to ensure sufficient diversity and density of planted stems outlined
Dead Tree Phase A Nutrient Offset and Buffer Mitigation Bank Parcel Page 3
As -built & Baseline Monitoring Report —September 2022
in Rule 15A NCAC 02B.0295 of 260 trees per acre at the end of five years. No one tree species will be
greater than 50% of the established stems.
The bare root planting list is provided in Table C followed by the permanent seed mix in Table D. As -built
baseline vegetation data is provided in Appendix B. Baseline data was collected in April and May 2022 by
Axiom Environmental and derived an average planted stem density of 557 stems per acre.
Table C - Planting List
Common Name
Scientific Name
Tree/Shrub*
Number of
Stems
Species % of
Total
River birch
Betula nigra
Tree
3,800
8.9%
Common hackberry
Celtis occidentalis
Tree
2,175
5.0%
Eastern Redbud
Cercis canadensis
Shrub
2,175
5.0%
Persimmon
Diospyros virginiana
Tree
3,800
8.6%
Green ash
Fraxinus pennsylvanica
Tree
2,175
5.0%
Yellow poplar
Liriodendron tulipifera
Tree
3,800
8.6%
Southern crabapple
Malus angustifolia
Tree
500
1.2%
Mulberry
Morus rubra
Tree
3,800
8.6%
Black gum
Nyssa sylvatica
Tree
2,175
5.0%
Sycamore
Platanus occidentalis
Tree
2,250
5.2%
Oak (White)
Quercus alba
Tree
3,800
8.6%
Oak (Swamp chestnut)
Quercus michauxii
Tree
3,800
8.6%
Oak (Water)
Quercus nigra
Tree
3,800
8.6%
Oak (Red)
Quercus rubra
Tree
1,100
2.5%
American elm
Ulmus americana
Tree
3,800
8.6%
Southern arrowwood
Viburnum dentatum
Shrub
900
2.1%
Total
12 Species
43,850
100%
Table D - Permanent Seed
Common Name
Amount 'n
pounds) (in
Common Name
mount
Common Yarrow
1.80
Perennial Gaillardia (Blanketflower)
3.00
Winter Bentgrass,
3.00
Narrowleaf Sunflower
2.40
Blue False Indigo
0.60
Oxeye Sunflower
3.00
Plains Coreopsis
3.00
Wild Bergamot
0.60
Lanceleaf Coreopsis
3.00
Deertongue, Tioga
3.0
Cosmos
3.00
Clasping Coneflower
0.60
Rocket Larkspur
1.80
Blackeyed Susan
3.00
Showy Ticktrefoil
3.00
Purpletop
15.00
Purple Coneflower
3.00
Blue Vervain
1.20
Virginia Wildrye,'Madison'
6.00
Total (pounds) 60.00
Dead Tree Phase A Nutrient Offset and Buffer Mitigation Bank Parcel
As -built & Baseline Monitoring Report -September 2022
Page 4
3.2 Parcel Protection
Restoration Systems (RS) was granted Conservation Easements by Carey Newsome Barns and Nancy Harris
Craven etal. The conservation easements were recorded at the Edgecombe County Register of Deeds at;
Book No. 1754, Page 1009 — 1023 and Book No. 1754, Page 992 — 1008 respectively on April 5, 2022.
(Appendix D). RS marked the easement at every corner with an iron, CE cap, and corner t-post.
4.0 Mitigation Potential
Of the Parcel's 65.15 acres protected under the conservation easement, 60.02 acres are anticipated to
provide Nitrogen and Phosphorus Nutrient Offset Credits equivalent to 135,922.832 pounds of nitrogen
offset credit and 8,754.481 pounds of phosphorous offset credit. Riparian area restoration, measured
from the top of bank on Parcel streams and ditches, will include at least 50' from the tops of banks and
will extend outward a maximum of 200' from tops of banks and will generate Nutrient Offset Credits that
are not transferable to Riparian Buffer Credit per the approved UBI. Nitrogen and Phosphorous offset
credits will be generated from the project and shown on separate ledgers.
5.0 Monitoring Protocol & Success Criteria
5.1 Monitoring Protocol
Restoration monitoring procedures for vegetation at each Phase will monitor plant survival and species
diversity. Quantitative sampling will include forty-nine (49) permanent 10 x 10-meter vegetation plots as
outlined in the CVS Level 1-2 Protocol for Recording Vegetation, Version 4.2 (Lee et al. 2008) and will occur
no earlier than Fall of each year (Figures 2A-B, Appendix A). Vegetation plot placement will adequately
represent riparian buffer credit and nutrient offset credit areas. A reference photo will be taken from the
origin point of each plot. All planted stems in the plots will be marked with flagging tape and recorded.
Data collected will include species, height, planting type (planted stem and/or volunteer). Total and
planted stem density by plot and species will be reported during monitoring years 0-5 (Table 5, Appendix
B). Individual and average stem height data will be reported during monitoring years 3-5. Monitoring of
the restoration efforts will be performed for five years or until success criteria are fulfilled. Restoration
Systems shall submit to NCDWR annual monitoring reports no later than December 31st of each year.
Each report will document the success of the vegetation and any maintenance, supplemental planting, or
encroachment within the easement areas. Success criteria within the buffer will be based on the survival
of planted species at a density of 260 stems per acre after five years of monitoring.
The first annual monitoring activities will commence at the end of the first growing season, at least six
months after planting has been completed.
5.2 Parcel Maintenance
If the Parcel or a specific component of the Parcel fails to achieve the success criteria outlined in Section
5.1, adaptive measures will be developed and/ or appropriate remedial actions will be implemented. Site
maintenance will be performed to correct any identified problems on the Parcel that have a high likelihood
of affecting the project success. Such items include, but are not limited to, fire, flooding, drought, or
insects that cause excess tree mortality. Any actions implemented will be designed to achieve the success
criteria and will include a work schedule and updated monitoring criteria. Any parcel maintenance
performed will be included in the monitoring report for that year. A rigorous herbicide schedule may need
to be implemented in the first few years of tree establishment in the restoration areas to prevent the
establishment of invasive species that may out -compete the planted native vegetation. The only
herbicides used on the Parcel will be aquatic approved herbicides that will be applied in accordance with
North Carolina Department of Agriculture rules and regulations.
Dead Tree Phase A Nutrient Offset and Buffer Mitigation Bank Parcel Page 5
As -built & Baseline Monitoring Report —September 2022
The easement boundary will be checked annually as part of monitoring activities. Easement boundary
conditions and any maintenance performed will be reported in the annual monitoring reports to DWR. If
mowing is deemed necessary by the Sponsor during the monitoring period, the Sponsor must receive
approval from DWR prior to conducting any mowing within Tar -Pamlico Buffer Zones 1 and 2 to ensure
that no buffer violations have occurred.
5.3 Long Term Management Plan
The conservation easement will preserve all areas and prohibit all use of the property inconsistent with
its use as a nutrient offset and riparian buffer mitigation property, including any activity that would
materially alter the biological integrity of the Site/ Parcel. RS will transfer or assign the conservation
easement and its interests in perpetuity to a qualified holder under NC General Statute ("GS") 121- 34 et
seq. and 170(h) of the Internal Revenue Code prior to the submittal of the As -Built Report. The holder
shall be a land trust or stewardship program that is accredited by the Land Trust Accreditation Commission
and/ or has been approved by DWR. A land trust must be certified under 501(c)(3) of the Internal Revenue
Code.
6.0 Financial Assurance
RS secured all financial assurances according to the approved UBI. No bond shall be less than $150,000 to
cover costs of construction and no less than $100,000 initially, to cover monitoring expenses. Performance
bonds for monitoring shall be renewed at least annually to cover the next years monitoring period, with
confirmation of renewal provided to DWR with each annual monitoring report when applicable. DWR
reserves the right to alter the credit release schedule if monitoring reports are submitted without proof
of bond renewals when applicable.
7.0 References
Consolidated Buffer Mitigation Rule - 15A NCAC 02B .0295 (Published November 17, 2014)
Lee, M.T., R.K. Peet, S.D. Roberts, and T.R. Wentworth. 2008. CVS-EEP Protocol for Recording Vegetation.
Version 4.2. North Carolina Department of Environment and Natural Resources, Ecosystem
Enhancement Program. Raleigh, North Carolina.
Schafale, M. P. and Weakley, 2012. A Classification of the Natural Communities of North Carolina, Fourth
Approximation.
US Department of Agriculture (USDA), 2021. Web Soil Survey (online). Available:
https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm [Accessed July 19, 2021].
US Fish and Wildlife Service, 2021. Endangered Species, Threatened Species, and Candidate Species, Wake
County, North Carolina (online). Available:
https://www.fws.gov/raleigh/species/cntylist/wake.html (Accessed July 19, 2021).
Dead Tree Phase A Nutrient Offset and Buffer Mitigation Bank Parcel Page 6
As -built & Baseline Monitoring Report —September 2022
Appendix A: General Figures and Tables
Figure 1 - Parcel Location / Service Area
Figure 2 - Current Conditions Plan View
As -built Survey — Sheets 1-4
Table 1 - Project Credit Table
Table 2 - Project Activity and Reporting History
Table 3 - Project Contact
Table 4 - Project Baseline Information and Attributes
Dead Tree Phase A Nutrient Offset and Buffer Mitigation Bank Parcel Appendix A: General Figures and Tables
As -built & Baseline Monitoring Report —September 2022
Dead Tree Phase A Nutrient
Offset Mitigation Bank Parcel
USGS 14-Digit Hydrologic Unit
03020101-130100
36.093067°,-77.621206°
Legend
NC County Boundaries
Tar Pamlico River Basin
O NC River Subbasins: USGS 8-Digit HUCs
Bank Parcel Service Area - Nutrient Offset: Tar -Pamlico River, Sub -Basin USGS Hydrologic Unit 03020101
Service Layer Credits: Sources: Esri, HERE,
DeLorme, Intermap, increment P Corp., GEBCO,
USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster
NL, Ordnance Survey, Esri Japan, METI, Esri China
(Hong Kong), swisstopo, Mapmylndia,
Prepared for:
NC DEQ
Division of
Water Resources
401 & Isolated
Wetlands/Waters
Program & 401
Stormwater
Project:
DEAD TREE
PHASE A (TP 01)
NUTRIENT OFFSET
BANK PARCEL
ASBUILT
Edgecombe County
Title:
PARCEL LOCATION
AND SERVICE
AREA
Drawn by:
RJH
Date:
August 2022
Scale:
1:1,000,000
Project No.:
2020-1937 V2
N
FIGURE
1
Legend
ODead Tree - Subject Fee -Simple Parcels
ODead Tree Phase A (TP 01) - Conservation Easement: 65.15 Acres
Dead Tree Phase B (TP 02) - Conservation Easement: 150.94 Acres
O Dead Tree Phase A (TP 01) - Installed CVS Plots (49 Total)
Dead Tree - Surveyed Top of Bank
Dead Tree - Phase A (TP 01) - NOC Areas
' No Credit (DWR Memo #2008-019, Diffuse Flow)
) No Credit - Less Than 50-Feet
Restoration (TOB - 200-ft) - NOC
Preservation (TOB - 200-ft) - No Credit
TOB Offsets - Surveyed Top of Bank Offsets
- - - TOB to 50 Feet
- - TOB to 100 Feet
- - TOB to 200 Feet
Feature 1A-E
Ephemeral
Feature 1A-1
Intermittent/Perennial
",*/ �42
43 Q' - - - - -
'
Feature 1A-D
Ditch
Feature 1B
Ditch
Feature 1
Intermittent/Perennial
Feature 1 D Ditch
Utility Line: 30-Foot Right -Of -Way (ROW)
Easement is 5-Feet Byond ROW
No Diffuse Flow Credit Deduction Required;
Origin Point of Ditch is Included in the CE.
No Connection Under Red Hill Church Rd.
Area Above Ditch was Planted.
Credit Removed for Less Than 50-feet.
No Diffuse Flow Credit Deduction Required;
Origin Point of Ditch is Included in the
Conservation Easement. Area Above Ditch to be Planted.
Diffuse Flow Credit
Deduction Required;
Area Planted &
No Credit Given
Feature 1 Ca
Ephemeral
❑ 45%
Feature 1 - Start
Intermittent/Perennial
Feature 1F
Ditch
NOTE ABOUT WIDTHS & CREDITING:
Nutrient Offset Credit (NOC)
Nutrient Offset Credit is contiguous from TOB, is a minimum of
50 ft. from the TOB and a maximum of 200 ft. from the TOB.
No Diffuse Flow Credit Deduction Required;
Edge of Easement is Start of Ditch Flow into Parcel,
Remainder of Ditch Subject to Phase B Easement
and Replanting.
Feature 1 E Ditch
Diffuse Flow Credit
Deduction Required;
Area Planted &
No Credit Given
,rft„,Ad
Feet
400 200 0
400 800 1,200
�S
RESTORATION
SYSTEMS I LLC
Prepared for:
NC DEQ
Division of
Water Resources
401 & Isolated
Wetlands/Waters
Program & 401
Stormwater
Project:
DEAD TREE
PHASE A (TP 01)
NUTRIENT OFFSET
BANK PARCEL
ASBUILT
Edgecombe County
Title:
CCPV MYO (2022)
AND
CREDIT MAP
Imagery: 2021 NC OneMap
Drawn by:
Date:
Scale:
RJH
AUGUST 2022
1:4,500
Project No.:
2020-1937 V2
FIGURE
2
VICINITY MAP
0000
0 0.25 0.5
Mi.
Red Hill Church Rd.
Table 1. Dead Tree Bank Parcel - Phase A - Tar -Pam 01, 2020-1937v2, Project Credits
Tar -Pamlico 03020101
19.16394
297.54099
Project Area
N Credit Conversion Ratio (ft'/pound)
P Credit Conversion Ratio (ft'/pound)
Credit Type
Nutrient Offset
Location
Rural
Subject? (enter
NO If
ephemeral or
ditch rj
No
Feature Type
Ditch
Mitigation Activity Min
-Max Buffer
Width (ft)
Restoration
0-100
Feature Name
1A-D, 1Ca, 1D, 1E, 1F
Total Area (ft')
711,270
Total (Creditable)
Area of Buffer
Mitigation (ft')
Initial Credit
Ratio (R:1)
%Full Credit
100%
Final Credit
Ratio (5:1)
Convertible to
Riparian
Buffer?
No
Riparian Buffer
Credits
Convertible to
Nutrient Offset?
Yes
Delivered
Nutrient Offset:
N (1bs)
37,115.013
Delivered
Nutrient
Offset P (Ibs)
2,390.494
Nutrient Offset
Rural
No
Ditch
Restoration
101-200
1A-D, 1Ca, 1D, 1E, 1E
646,953
33%
No
Yes
33,753.654
2,173.996
Nutrient Offset
Rural
No
Ephemeral
Restoration
0-100
1A-E, 18
94,631
100%
No
Yes
4,937.972
318.044
Nutrient Offset
Rural
No
Ephemeral
Restoration
101-200
1A-E, 19
109,656
33%
No
Yes
5,721.997
368.541
Nutrient Offset
Rural
Yes
I/P
Restoration
0-100
1, 1A-1
550,960
100%
No
Yes
29,744.611
1,851.375
Nutrient Offset
Rural
Yes
Restoration
101-200
1, 1A-1
491,547
33%
No
Yes
25,649.579
1,652.031
Nutrient Offset
Rural
No
Ditch
Restoration
Diffused Flow Deduction
Features 1Ca, 1F
8,700
No
No
Nutrient Offset
Rural
No
Ditch
Restoration
Less Than 50-Feet
Feature 10
945
No
No
Enter Preservation Credits Below
Totals (ft2):
Total Buffer 0[2):
Total Nutrient Offset (ft2):
Total Ephemeral Area (ft) for Credit
Total Eligible Ephemeral Area (ft)
Total Eligible for Preservation (ft')
Credit Type
Location
Subject?
Feature Type
Mitigation Activity
Min -Max Buffer
Width (ft)
Feature Name
TOTAL AREA OF BUFFER MITIGATION (TABM)
Mitigation Totals
Square Feet
Credits
Restoration:
0
0.000
Enhancement:
0
0000
Preservation:
0
0000
Total Riparian Buffer:
0,006
TOTAL NUTRIENT OFFSET MITIGATION
Mitigation Totals
Square Feet
Credits
Nutrient Offset.
Nitrogen:
Phosphorus:
2,614,462
135,922. 932
9,754.491
Preservation Area Subtotals (ft)
1. The Randleman Lake buffer rules allow some ditches to be classified as subject according to 15A NCAC 026.0250 (5)(a).
last updated 08/03/2020
2,614,462
0
0
0
2,614,462
N/A
0
0
0
0.0%
0
0.0%
Total (Creditable)
Total Area (sf)
Area for Buffer
Mitigation (e')
0
0
0.000
Ephemeral Reaches as %TABM
Preservation as % TABM
Initial Credit
Ratio (R:1)
%Full Credit
Final credit
Ratio (0:1)
Riparian
Buffer Credits
135,922.832
8,754.481
SHEET INDEX
SURVEYORS CERTIFICATION(S)
Surveyors disclaimer: No attempt was made to locate any cemeteries, wetlands,
hazardous material sites, underground or above ground utilities or any other
features above, or below ground other than those shown.
I certify that the survey is of another category (credit determination plan),
such as the recombination of existing parcels, a court -ordered survey, or
other exception to the definition of subdivision.
I certify that this plat does not meet G.S. 47-30 as amended.
I, John A. Rudolph, certify that this project was completed under my direct and responsible
charge from an actual survey made under my supervision; that this survey was performed
to meet the requirements for an LIS/GIS survey to the accuracy of Class C and no vertical
accuracy; method of measurement GNSS; date(s) of survey July of 2022; datum used for
survey NAD83 (2011); and all coordinates are based on NAD83 (2011).
L-4194
Professional Land Surveyor License Number
774 S. Beston Road
Ln
to
co
(V
U
Z 03
Fr))
C (V
ro co
tn
L (V
fC Ln
J (V
uJ
(Wz
aD
d 0
�zz
z 0 0
LW U
i I
zzz
w
In
0
ugz
o
0
1-
CREDIT DETERMINATION PLAN
DRAWN BY:
JTR
DATE:
07/21/22
SURVEYED BY: JAR
DWG. NO. RSS526AB22
SHEET:
1 OF 4
0
N
M
co
0
Q
AS -BUILT LEGEND:
DISTANCES FROM TOB (50ft, 100ft, 200ft)
ROAD RIGHT OF WAY
UTILITY POWER LINES
f 1 CONSERVATION EASEMENT
Q INSTALLED CVS PLOTS (49 TOTAL)
SURVEYED TOP OF BANK
RESTORATION (TOB - 200-ft) - NOC
PRESERVATION (TOB - 200-ft) - NO CREDIT
NO CREDIT - LESS THAN 50-FEET
NO CREDIT (DWR MEMO #2008-019, DIFFUSE FLOW)
Feature 1A-1
Intermittent/Perennial
No Diffuse Flow Credit Deduction Required;
Origin Point of Ditch is Included in the
Conservation Easement Area Above Ditch to be Planted.
Feature 1A-E
Ephemeral
0 boo ,LOO
Feature 1A-E
Ephemeral
0
200FT FROM TOB
100FT FROM TOB
50FT FROM TOB
125
250
Feet
500
SHEET 2 OF 4
AS -BUILT LEGEND:
DISTANCES FROM TOB (50ft, 100ft, 200ft)
ROAD RIGHT OF WAY
UTILITY POWER LINES
CONSERVATION EASEMENT
Q INSTALLED CVS PLOTS (49 TOTAL)
SURVEYED TOP OF BANK
RESTORATION (TOB - 200-ft) - NOC
PRESERVATION (TOB - 200-ft) - NO CREDIT
NO CREDIT - LESS THAN 50-FEET
NO CREDIT (DWR MEMO #2008-019, DIFFUSE FLOW)
,y0
INSET "A"
Feet
0 50 100 200
Feature 1A-1
Intermittent/Perennial
i
Feature 1B
Ditch
Feature 1
Intermittent/Perennial
Utility line: 30-Foot Right -Of -Way (ROW)
Easement is 5-Feet Beyond ROW
pM Mpg
sox"'FRpM�pg��� FROM-VO 2001' gR
RED HILL CHURCH
ROAD
0
250
Diffuse Flow Credit
Deduction Required;
Area Planted &
No Credit Given
Feature 1Ca
Ephemeral
Feature 1D Ditch
1-1
0
CO
0
SEE INSET "A"
50FT FROM TOB
100FT FROM TOB
200FT FROM TOB
100FT FROM TOB
50FT FROM TOB
50FT FROM TOB
100FT FROM TOB
200FT FROM TOB
No Diffuse Flow Credit Deduction Required;
Origin Point of Ditch is Included in the CE.
No Connection Under Red Hill Church Rd.
Area Above Ditch was Planted.
Credit Removed for Less Than 50-feet.
500
Feet
1,000
SHEET 3 OF 4
INSET "B"
Feet
0 50 100 200
Utility Line: 30-Foot Right -Of -Way (ROW)
Easement is 5-Feet Beyond ROW
0
N
M
co
0
Q
SEE INSET "B"
��N CAR0.. RED HILL CHURCH o .•FEssio .•'1, ,
• Q SEAL
L-4194 4-
';54, •l•0. SUR\i� *„... 4,:
/'��"1S',LEY R\)v
'//fi111m\\\`
0
250
Feature 1Ca
Ephemeral
Feature 1B
Ditch
Feature 1D Ditch
No Diffuse Flow Credit Deduction Required;
Origin Point of Ditch is Included in the CE.
No Connection Under Red Hill Church Rd.
Area Above Ditch was Planted.
Credit Removed for Less Than 50-feet.
500
Feet
1,000
Diffuse Flow Credit
Deduction Required;
Area Planted &
No Credit Given
No Diffuse Flow Credit Deduction Required;
Edge of Easement is Start of Ditch Flow into
Parcel, Remainder of Ditch Subject to Phase B
Easement and Replanting.
AS -BUILT LEGEND:
DISTANCES FROM TOB (50ft, 100ft, 200ft)
ROAD RIGHT OF WAY
• UTILITY POWER LINES
I-1 CONSERVATION EASEMENT
0 INSTALLED CVS PLOTS (49 TOTAL)
SURVEYED TOP OF BANK
RESTORATION (TOB - 200-ft) - NOC
PRESERVATION (TOB - 200-ft) - NO CREDIT
NO CREDIT - LESS THAN 50-FEET
NO CREDIT (DWR MEMO #2008-019, DIFFUSE FLOW)
INSET "C"
Feet
0 50 100 200
Feature 1E
Ditch
Feature 1 - Start
Intermittent/Perennial
Feature 1F
Ditch
SEE INSET "C"
Diffuse Flow Credit
Deduction Required;
Area Planted &
No Credit Given
SHEET 4 OF 4
Table 2. Project Activity and Reporting History
Activity / Milestone
BPDP Proposed Date
Actual Date
BPDP Approved
NA
November 16, 2021
Parcel Protection
NA
Recorded April 5, 2022
Planting
February, 2022
Early March, 2022
As -built Data Collection
March, 2022
April 27 — May 5
Construction Completion Walkthrough
NA
June 21, 2022
As -built Report Submittal
NA
August, 2022
Year 1-5 Monitoring
December 2022 - 2026
On schedule
Table 3: Project Contact
Firm
POC & Address
Full Delivery Provider
Restoration Systems, LLC
1101 Haynes Street, Suite 211
Raleigh, North Carolina 27604
George Howard and John Preyer
919.755.9490
Designer/Permitting:
Restoration Systems, LLC
Raymond Holz: 919.755.9490
1101 Haynes Street, Suite 211
Raleigh, North Carolina 27604
Planting Contractor:
Restoration Systems, LLC
Josh Merritt: 919.755.9490
1101 Haynes Street, Suite 211
Raleigh, North Carolina 27604
Seeding Contractor:
Restoration Systems, LLC
Matthew Harrell: 919.755.9490
1101 Haynes Street, Suite 211
Raleigh, North Carolina 27604
Nursery Stock Suppliers:
ArborGen
1.888.888.7158
Baseline Data Collection
Axiom Environmental, Inc.
Grant Lewis; 919.215.1693
218 Snow Ave. Raleigh, NC
27603
Vegetation Monitoring:
Axiom Environmental, Inc.
Grant Lewis; 919.215.1693
218 Snow Ave. Raleigh, NC
27603
Table 4: Project Baseline Information & Attributes
Project Information
Project Name
Dead Tree Phase A
County
Edgecombe
Project Area (acres)
65.15
Project Coordinates (latitude and longitude)
36.0930679N,-77.6212069W (NAD83/WGS84)
Project Watershed Summary Information
Physiographic Province
Inner Coastal Plain
River Basin
Tar -Pamlico
USGS Hydrologic Unit 8-digit 03020101
USGS Hydrologic Unit14-digit 03020101130100
DWR Sub -basin
03-03-02
Project Drainage Area, Total Outfall (acres)
256
Project Drainage Area Percentage of Impervious
Area
<5%
Dead Tree Phase A Nutrient Offset and Buffer Mitigation Bank Parcel
As -built & Baseline Monitoring Report —September 2022
Appendix A: General Figures and Tables
Appendix B: Baseline Vegetation Data, CVS Output Tables
Table 5 - Baseline Vegetation
Vegetation Plot Photos 1-49
Dead Tree Phase A Nutrient Offset and Buffer Mitigation Bank Parcel Appendix B: Baseline Vegetation Data, CVS Output Table
As -built & Baseline Monitoring Report —September 2022
Table 5. Total Stems by Plot and Species
Project Code 22010_01. Project Name: Dead Tree 01
Current Plot Data (MVO 2022)
Scientific Name
Common Name
Species Type
22010_01-01-0001
22010_01-01-0002
22010_01-01-0003
22010_01-01-0004
22010_01-01-0005
22010_01-01-0006
22010_01-01-0007
22010_01-01-0008
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
Betula nigra
river birch
Tree
1
1
1
3
3
3
1
1
1
Celtis occidentalis
common hackberry
Tree
7
7
7
Cercis canadensis
eastern redbud
Tree
1
1
1
1
1
1
1
1
1
1
1
1
3
3
3
Diospyros virginiana
common persimmon
Tree
3
3
3
2
2
2
1
1
1
1
1
1
Fraxinus pennsylvanica
green ash
Tree
2
2
2
5
5
5
Liriodendron tulipifera
tuliptree
Tree
3
3
3
Morus rubra
red mulberry
Tree
2
2
2
5
5
5
6
6
6
3
3
3
Nyssa sylvatica
blackgum
Tree
Platanus occidentalis
American sycamore
Tree
2
2
2
Quercus
oak
Tree
2
2
2
1
1
1
Quercus alba
white oak
Tree
Quercus michauxii
swamp chestnut oak
Tree
1
1
1
7
7
7
3
3
3
3
3
3
3
3
3
3
3
3
4
4
4
1
1
1
Quercus nigra
water oak
Tree
3
3
3
2
2
2
Quercus rubra
northern red oak
Tree
Ulmus americana
American elm
Tree
1
1
1
4
4
4
Viburnum dentatum
southern arrowwood
Shrub
1
1
1
Stem count
size (ares)
size (ACRES)
Species count
Stems per ACRE
12
12
12
12
12
12
11
11
11
9
9
9
13
13
13
9
9
9
14
14
14
13
13
13
1
1
1
1
1
1
1
1
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
6
6
6
4
4
4
6
6
6
3
3
3
4
4
4
4
4
4
5
5
5
4
4
4
485.6
485.6
485.6
485.6
485.6
485.6
445.2
445.2
445.2
364.2
364.2
364.2
526.1
526.1
526.1
364.2
364.2
364.2
566.6
566.6
566.6
526.1
526.1
526.1
Color for Density
Exceeds requirements by 10%
Exceeds requirements, but by less than 10%
Fails to meet requirements, by less than 10%
Fails to meet requirements by more than 10%
PnoLS = Planted excluding livestakes
P-all = Planting including livestakes
T = All planted and natural recruits including livestakes
T includes natural recruits
Table 5. Total Stems by Plot and Species
Project Code 22010_01. Project Name: Dead Tree 01
Current Plot Data (MVO 2022)
Scientific Name
Common Name
Species Type
22010_01-01-0009
22010_01-01-0010
22010_01-01-0011
22010_01-01-0012
22010_01-01-0013
22010_01-01-0014
22010_01-01-0015
22010_01-01-0016
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
Betula nigra
river birch
Tree
4
4
4
4
4
4
2
2
2
Celtis occidentalis
common hackberry
Tree
1
1
1
1
1
1
Cercis canadensis
eastern redbud
Tree
1
1
1
3
3
3
1
1
1
5
5
5
2
2
2
Diospyros virginiana
common persimmon
Tree
3
3
3
1
1
1
2
2
2
1
1
1
Fraxinus pennsylvanica
green ash
Tree
2
2
2
1
1
1
2
2
2
1
1
1
Liriodendron tulipifera
tuliptree
Tree
4
4
4
2
2
2
2
2
2
1
1
1
1
1
1
Morus rubra
red mulberry
Tree
1
1
1
1
1
1
1
1
1
Nyssa sylvatica
blackgum
Tree
Platanus occidentalis
American sycamore
Tree
Quercus
oak
Tree
3
3
3
3
3
3
6
6
6
2
2
2
2
2
2
5
5
5
Quercus alba
white oak
Tree
1
1
1
Quercus michauxii
swamp chestnut oak
Tree
2
2
2
1
1
1
2
2
2
7
7
7
5
5
5
5
5
5
1
1
1
Quercus nigra
water oak
Tree
1
1
1
1
1
1
Quercus rubra
northern red oak
Tree
Ulmus americana
American elm
Tree
1
1
1
1
1
1
3
3
3
Viburnum dentatum
southern arrowwood
Shrub
1
1
1
Stem count
size (ares)
size (ACRES)
Species count
Stems per ACRE
12
12
12
11
11
11
12
12
12
14
14
14
14
14
14
16
16
16
13
13
13
11
11
11
1
1
1
1
1
1
1
1
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
4
4
4
8
8
8
4
4
4
8
8
8
4
4
4
7
7
7
4
4
4
7
7
7
485.6
485.6
485.6
445.2
445.2
445.2
485.6
485.6
485.6
566.6
566.6
566.6
566.6
566.6
566.6
647.5
647.5
647.5
526.1
526.1
526.1
445.2
445.2
445.2
Color for Density
Exceeds requirements by 10%
Exceeds requirements, but by less than 10%
Fails to meet requirements, by less than 10%
Fails to meet requirements by more than 10%
PnoLS = Planted excluding livestakes
P-all = Planting including livestakes
T = All planted and natural recruits including livestakes
T includes natural recruits
Table 5. Total Stems by Plot and Species
Project Code 22010_01. Project Name: Dead Tree 01
Current Plot Data (MVO 2022)
Scientific Name
Common Name
Species Type
22010_01-01-0017
22010_01-01-0018
22010_01-01-0019
22010_01-01-0020
22010_01-01-0021
22010_01-01-0022
22010_01-01-0023
22010_01-01-0024
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
Betula nigra
river birch
Tree
1
1
1
2
2
2
4
4
4
3
3
3
Celtis occidentalis
common hackberry
Tree
1
1
1
1
1
1
4
4
4
Cercis canadensis
eastern redbud
Tree
2
2
2
Diospyros virginiana
common persimmon
Tree
2
2
2
1
1
1
Fraxinus pennsylvanica
green ash
Tree
1
1
1
2
2
2
Liriodendron tulipifera
tuliptree
Tree
1
1
1
3
3
3
1
1
1
5
5
5
3
3
3
Morus rubra
red mulberry
Tree
1
1
1
1
1
1
1
1
1
2
2
2
Nyssa sylvatica
blackgum
Tree
Platanus occidentalis
American sycamore
Tree
1
1
1
3
3
3
2
2
2
Quercus
oak
Tree
1
1
1
2
2
2
1
1
1
Quercus alba
white oak
Tree
Quercus michauxii
swamp chestnut oak
Tree
4
4
4
3
3
3
3
3
3
5
5
5
4
4
4
Quercus nigra
water oak
Tree
2
2
2
4
4
4
4
4
4
1
1
1
Quercus rubra
northern red oak
Tree
1
1
1
Ulmus americana
American elm
Tree
4
4
4
1
1
1
1
1
1
Viburnum dentatum
southern arrowwood
Shrub
3
3
3
Stem count
size (ares)
size (ACRES)
Species count
Stems per ACRE
13
13
13
11
11
11
10
10
10
12
12
12
12
12
12
14
14
14
7
7
7
13
13
13
1
1
1
1
1
1
1
1
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
6
6
6
5
5
5
4
4
4
5
5
5
5
5
5
6
6
6
5
5
5
5
5
5
526.1
526.1
526.1
445.2
445.2
445.2
404.7
404.7
404.7
485.6
485.6
485.6
485.6
485.6
485.6
566.6
566.6
566.6
283.3
283.3
283.3
526.1
526.1
526.1
Color for Density
Exceeds requirements by 10%
Exceeds requirements, but by less than 10%
Fails to meet requirements, by less than 10%
Fails to meet requirements by more than 10%
PnoLS = Planted excluding livestakes
P-all = Planting including livestakes
T = All planted and natural recruits including livestakes
T includes natural recruits
Table 5. Total Stems by Plot and Species
Project Code 22010_01. Project Name: Dead Tree 01
Current Plot Data (MVO 2022)
Scientific Name
Common Name
Species Type
22010_01-01-0025
22010_01-01-0026
22010_01-01-0027
22010_01-01-0028
22010_01-01-0029
22010_01-01-0030
22010_01-01-0031
22010_01-01-0032
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
Betula nigra
river birch
Tree
1
1
1
1
1
1
1
1
1
4
4
4
1
1
1
Celtis occidentalis
common hackberry
Tree
2
2
2
1
1
1
1
1
1
3
3
3
1
1
1
1
1
1
Cercis canadensis
eastern redbud
Tree
6
6
6
1
1
1
6
6
6
2
2
2
Diospyros virginiana
common persimmon
Tree
1
1
1
Fraxinus pennsylvanica
green ash
Tree
1
1
1
4
4
4
1
1
1
Liriodendron tulipifera
tuliptree
Tree
2
2
2
2
2
2
Morus rubra
red mulberry
Tree
2
2
2
2
2
2
Nyssa sylvatica
blackgum
Tree
1
1
1
12
12
12
Platanus occidentalis
American sycamore
Tree
4
4
4
Quercus
oak
Tree
2
2
2
Quercus alba
white oak
Tree
1
1
1
Quercus michauxii
swamp chestnut oak
Tree
7
7
7
4
4
4
2
2
2
2
2
2
2
2
2
Quercus nigra
water oak
Tree
3
3
3
5
5
5
3
3
3
7
7
7
1
1
1
Quercus rubra
northern red oak
Tree
1
1
1
Ulmus americana
American elm
Tree
1
1
1
4
4
4
4
4
4
1
1
1
1
1
1
3
3
3
Viburnum dentatum
southern arrowwood
Shrub
1
1
1
1
1
1
3
3
3
Stem count
size (ares)
size (ACRES)
Species count
Stems per ACRE
14
14
14
14
14
14
14
14
14
17
17
17
15
15
15
19
19
19
15
15
15
15
15
15
1
1
1
1
1
1
1
1
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
6
6
6
4
4
4
7
7
7
6
6
6
6
6
6
5
5
5
6
6
6
8
8
8
700
700
700
566.6
566.6
566.6
566.6
566.6
566.6
688
688
688
607
607
607
768.9
768.9
768.9
607
607
607
607
607
607
Color for Density
Exceeds requirements by 10%
Exceeds requirements, but by less than 10%
Fails to meet requirements, by less than 10%
Fails to meet requirements by more than 10%
PnoLS = Planted excluding livestakes
P-all = Planting including livestakes
T = All planted and natural recruits including livestakes
T includes natur
al recruits
Table 5. Total Stems by Plot and Species
Project Code 22010_01. Project Name: Dead Tree 01
Current Plot Data (MVO 2022)
Scientific Name
Common Name
Species Type
22010_01-01-0033
22010_01-01-0034
22010_01-01-0035
22010_01-01-0036
22010_01-01-0037
22010_01-01-0038
22010_01-01-0039
22010_01-01-0040
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
Betula nigra
river birch
Tree
3
3
3
2
2
2
3
3
3
2
2
2
2
2
2
2
2
2
Celtis occidentalis
common hackberry
Tree
5
5
5
1
1
1
1
1
1
10
10
10
4
4
4
Cercis canadensis
eastern redbud
Tree
2
2
2
2
2
2
2
2
2
Diospyros virginiana
common persimmon
Tree
1
1
1
Fraxinus pennsylvanica
green ash
Tree
13
13
13
1
1
1
1
1
1
Liriodendron tulipifera
tuliptree
Tree
1
1
1
1
1
1
1
1
1
Morus rubra
red mulberry
Tree
1
1
1
Nyssa sylvatica
blackgum
Tree
2
2
2
2
2
2
1
1
1
1
1
1
Platanus occidentalis
American sycamore
Tree
2
2
2
1
1
1
2
2
2
2
2
2
Quercus
oak
Tree
3
3
3
1
1
1
Quercus alba
white oak
Tree
6
6
6
1
1
1
7
7
7
Quercus michauxii
swamp chestnut oak
Tree
2
2
2
6
6
6
3
3
3
10
10
10
Quercus nigra
water oak
Tree
2
2
2
5
5
5
2
2
2
7
7
7
Quercus rubra
northern red oak
Tree
1
1
1
Ulmus americana
American elm
Tree
3
3
3
7
7
7
1
1
1
Viburnum dentatum
southern arrowwood
Shrub
6
6
6
1
1
1
Stem count
size (ares)
size (ACRES)
Species count
Stems per ACRE
18
18
18
13
13
13
16
16
16
19
19
19
15
15
15
21
21
21
19
19
19
27
27
27
1
1
1
1
1
1
1
1
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
5
5
5
5
5
5
7
7
7
5
5
5
6
6
6
5
5
5
9
9
9
7
7
7
728.4
728.4
728.4
526.1
526.1
526.1
647.5
647.5
647.5
768.9
768.9
768.9
607
607
607
849.8
849.8
849.8
768.9
768.9
768.9
1093
1093
1093
Color for Density
Exceeds requirements by 10%
Exceeds requirements, but by less than 10%
Fails to meet requirements, by less than 10%
Fails to meet requirements by more than 10%
PnoLS = Planted excluding livestakes
P-all = Planting including livestakes
T = All planted and natural recruits including livestakes
T includes natural recruits
Table 5. Total Stems by Plot and Species
Project Code 22010_01. Project Name: Dead Tree 01
Current Plot Data (MVO 2022)
Scientific Name
Common Name
Species Type
22010_01-01-0041
22010_01-01-0042
22010_01-01-0043
22010_01-01-0044
22010_01-01-0045
22010_01-01-0046
22010_01-01-0047
22010_01-01-0048
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
Betula nigra
river birch
Tree
4
4
4
1
1
1
2
2
2
Celtis occidentalis
common hackberry
Tree
4
4
4
2
2
2
1
1
1
5
5
5
1
1
1
1
1
1
Cercis canadensis
eastern redbud
Tree
1
1
1
5
5
5
Diospyros virginiana
common persimmon
Tree
3
3
3
2
2
2
Fraxinus pennsylvanica
green ash
Tree
1
1
1
Liriodendron tulipifera
tuliptree
Tree
3
3
3
2
2
2
1
1
1
Morus rubra
red mulberry
Tree
1
1
1
4
4
4
1
1
1
1
1
1
Nyssa sylvatica
blackgum
Tree
3
3
3
1
1
1
Platanus occidentalis
American sycamore
Tree
1
1
1
1
1
1
7
7
7
2
2
2
Quercus
oak
Tree
1
1
1
1
1
1
2
2
2
Quercus alba
white oak
Tree
3
3
3
1
1
1
2
2
2
Quercus michauxii
swamp chestnut oak
Tree
17
17
17
Quercus nigra
water oak
Tree
1
1
1
2
2
2
1
1
1
Quercus rubra
northern red oak
Tree
1
1
1
1
1
1
Ulmus americana
American elm
Tree
5
5
5
2
2
2
2
2
2
Viburnum dentatum
southern arrowwood
Shrub
Stem count
size (ares)
size (ACRES)
Species count
Stems per ACRE
22
22
22
10
10
10
8
8
8
11
11
11
11
11
11
16
16
16
12
12
12
13
13
13
1
1
1
1
1
1
1
1
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
3
3
3
3
3
3
5
5
5
5
5
5
7
7
7
8
8
8
5
5
5
6
6
6
890.3
890.3
890.3
404.7
404.7
404.7
323.7
323.7
323.7
445.2
445.2
445.2
445.2
445.2
445.2
647.5
647.5
647.5
485.6
485.6
485.6
526.1
526.1
526.1
Color for Density
Exceeds requirements by 10%
Exceeds requirements, but by less than 10%
Fails to meet requirements, by less than 10%
Fails to meet requirements by more than 10%
PnoLS = Planted excluding livestakes
P-all = Planting including livestakes
T = All planted and natural recruits including livestakes
T includes natural recruits
Table 5. Total Stems by Plot and Species
Project Code 22010_01. Project Name: Dead Tree 01
Current Plot Data (MYO 2022)
Annual Means
Scientific Name
Common Name
Species Type
22010_01-01-0049
MYO (2022)
PnoLS
P-all
T
PnoLS
P-all
T
Betula nigra
river birch
Tree
54
54
54
Celtis occidentalis
common hackberry
Tree
1
1
1
60
60
60
Cercis canadensis
eastern redbud
Tree
2
2
2
50
50
50
Diospyros virginiana
common persimmon
Tree
24
24
24
Fraxinus pennsylvanica
green ash
Tree
38
38
38
Liriodendron tulipifera
tuliptree
Tree
39
39
39
Morus rubra
red mulberry
Tree
36
36
36
Nyssa sylvatica
blackgum
Tree
3
3
3
26
26
26
Platanus occidentalis
American sycamore
Tree
1
1
1
31
31
31
Quercus
oak
Tree
2
2
2
40
40
40
Quercus alba
white oak
Tree
1
1
1
23
23
23
Quercus michauxii
swamp chestnut oak
Tree
1
1
1
123
123
123
Quercus nigra
water oak
Tree
2
2
2
59
59
59
Quercus rubra
northern red oak
Tree
5
5
5
Ulmus americana
American elm
Tree
50
50
50
Viburnum dentatum
southern arrowwood
Shrub
17
17
17
Stem count
size (ares)
size (ACRES)
Species count
Stems per ACRE
13
13
13
675
675
675
1
49
0.02
1.21
8
8
8
16
16
16
526.091
526.091
526.091
557.5
557.5
557.5
Color for Density
Exceeds requirements by 10%
Exceeds requirements, but by less than 10%
Fails to meet requirements, by less than 10%
Fails to meet requirements by more than 10%
PnoLS = Planted excluding livestakes
P-all = Planting including livestakes
T = All planted and natural recruits including livestakes
T includes natural recruits
Dead Tree Phase A Site
MYO (2022) Vegetation Monitoring Photographs (taken April 27 — May 5, 2022)
Dead Tree Phase A Site
MYO Monitoring Report — May 2022
Appendix A: Visual Assessment Data
Dead Tree Phase A Site
MYO (2022) Vegetation Monitoring Photographs (taken April 27 — May 5, 2022)
Plot 15
Dead Tree Phase A Site
MYO Monitoring Report — May 2022
Appendix A: Visual Assessment Data
Dead Tree Phase A Site
MYO (2022) Vegetation Monitoring Photographs (taken April 27 — May 5, 2022)
Plot 22
Plot 24
Dead Tree Phase A Site
MYO Monitoring Report — April 2022
Appendix A: Visual Assessment Data
Dead Tree Phase A Site
MYO (2022) Vegetation Monitoring Photographs (taken April 27 — May 5, 2022)
Dead Tree Phase A Site
MYO Monitoring Report — May 2022
Appendix A: Visual Assessment Data
Dead Tree Phase A Site
MYO (2022) Vegetation Monitoring Photographs (taken April 27 — May 5, 2022)
Plot 39
Dead Tree Phase A Site
MYO Monitoring Report — May 2022
Appendix A: Visual Assessment Data
Dead Tree Phase A Site
MYO (2022) Vegetation Monitoring Photographs (taken April 27 — May 5, 2022)
Plot 43
Dead Tree Phase A Site
MYO Monitoring Report — May 2022
Appendix A: Visual Assessment Data
Dead Tree Phase A Site
MYO (2022) Vegetation Monitoring Photographs (taken April 27 — May 5, 2022)
Dead Tree Phase A Site Appendix A: Visual Assessment Data
MYO Monitoring Report — May 2022
Appendix C: NC DWR Stream Determination & Buffer Viability
Dead Tree Phase A Nutrient Offset and Buffer Mitigation Bank Parcel Appendix C: NC DWR Stream Determination
As -built & Baseline Monitoring Report — September 2022
DocuSign Envelope ID: A9447FB1-86AD-48D1-8CA5-7E8DA025DFEC
ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
Barrett Jenkins
Restoration Systems, LLC
1101 Haynes Street, Suite 211
Raleigh, NC 27604
bjenkins@restorationsystems.com
NORTH CAROLINA
Environmental Quality
April 6, 2021
Project 20201937
Edgecombe County
Subject: On -Site Determination for Applicability to the Tar -Pamlico Buffer Rules
15A NCAC 02B .0734
Project Name: Dead Tree Nutrient Offset Site
Address: Red Hill Church Road, Whitakers, Edgecombe County, NC
Location: Lat., Long: 36.0890933967, -77.6164950718
Inspection Dates: 12/30/20 and 1/5/21
Dear Mr. Jenkins:
On December 30, 2020 and January 5, 2021, Shelton Sullivan of the Division of Water
Resources (DWR) conducted an on -site review of features located on the subject property at
the request of Barrett Jenkins with Restoration Systems, LLC to determine the applicability
of features on the site to the Tar -Pamlico Riparian Area Protection Rules, Title 15A North
Carolina Administrative Code 02B .0734.
The enclosed map(s) depict the feature(s) evaluated and this information is also summarized
in the table below. Streams were evaluated for being ephemeral, at least intermittent, and
subjectivity to the Tar -Pamlico Riparian Area Protection Rules. Streams that are considered
"Subject" have been located on the most recently published NRCS Soil Survey of Edgecombe
County and/or the most recent copy of the USGS Topographic (at 1:24,000 scale) map(s),
have been located on the ground at the site, and possess characteristics that qualify them to
be at least intermittent streams. Features that are considered "Not Subject" have been
determined to not be at least intermittent, not present on the property, or not depicted on
the required maps.
This determination only addresses the applicability to the buffer rules within the
proposed easement and does not approve any activity within buffers or within waters
of the state. There may be other streams or features located on the property that
appear or do not appear on the maps referenced above. Any of the features on the site
DE Q
ebnsaewrriduwirememiradiir
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center 1 Raleigh, North Carolina 27699-1617
9/9.707.9000
DocuSign Envelope ID: A9447FB1-86AD-48D1-8CA5-7E8DA025DFEC
Project 20201937_Dead Tree
Edgecombe
Page 2 of 3
may be considered jurisdictional according to the US Army Corps of Engineers and
subject to the Clean Water Act.
The following table addresses the features observed and rated during the DWR site visit
Feature
ID
Feature Type: stream
(ephemeral, intermittent,
perennial), ditch, swale,
wetland, other
Subject to
Buffer
Rules
Start @
Stop @
Depicted on
Soil Survey
Depicted on
USGS Topo
lAD
Ditch
No
Not evaluated
1AE
Yes
No
1AE
Stream-E
No
1AE
lAI
Yes
No
lAI
Stream -at least I
Yes
lAI
Confluence with
Feature 1
Yes
No
1B
Stream-E
No
1B
Confluence with
Feature 1
Yes
No
1C
Ditch
No
Not evaluated
Confluence with
Feature 1
Yes
Yes
1D
Ditch
No
Not evaluated
Confluence with
Feature 1
Yes
No
lE
Ditch
No
Not evaluated
Confluence with
Feature 1
Yes
No
1F
Ditch
No
Not evaluated
1 Start
Yes
Yes
Feature
1
Stream — at least I
Yes
1 Start
Continues beyond
Easement boundary
Yes
Yes
2E
Stream - E
No
2Eat
Eroad farm
2I Below boundary easement
Yes
No
Feature
2
Stream — at least I
Yes
2 Start
At headcut
downstream
beyond
easement
boundary
Continues
downstream beyond
easement boundary
Yes
No
Feature
3
Stream — at least I
Yes
3 Start
At headcut
and blocks in
stream
Continues beyond
Easement boundary
Yes
No
4D
Ditch
No
Not evaluated
4 Start
No
Yes
Feature
4
Stream — at least I
Yes
4 Start
Continues beyond
Easement boundary
Yes
Yes
5D
Ditch
No
Not evaluated
Not evaluated
No
Yes
Feature
5
Stream — at least I
Yes
5 Start at
headcut
Continues beyond
Easement boundary
Yes
Yes
6D
Ditch
No
Not evaluated
Not evaluated
Yes
No
Feature
6
Stream at least I
Yes
6 Start at
creek bend
Continues beyond
Easement boundary
Yes
No
7B
Ditch
No
Not evaluated
7 Start
Yes
Yes
7C
Ditch
No
Not evaluated
Confluence with 7B
No
Yes
Feature
7
Stream — at least I
Yes
7 Start
(downstream
side of
crossing)
Continues beyond
easement boundary
Yes
Yes
8A
Ditch
No
Not evaluated
Confluence with 8B
at 8 Start
Yes
Yes
8B
Ditch
No
Not evaluated
Confluence with 8A
at 8 Start
Yes
No
Feature
8
Stream — at least I
Yes
8 Start
Confluence with
Feature 7
Yes
Yes
9B
Ditch
No
Not evaluated
9 Start
Yes
Yes
Feature
9
Stream —at least I
Yes
9 Start
Confluence with
Feature 7
Yes
Yes
DE
CAROVNa
Depeeliffida rnalutMO r Quaid,
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center 1 Raleigh, North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: A9447FB1-86AD-48D1-8CA5-7E8DA025DFEC
Project 20201937_Dead Tree
Edgecombe
Page 3 of 3
Feature
ID
Feature Type: stream
(ephemeral, intermittent,
perennial), ditch, Swale,
wetland, other
Subject to
Buffer
Rules
Start @
Stop @
Depicted on
Soil Survey
Depicted on
USGS Topo
10A
Ditch
No
Not evaluated
10 Start
No
Yes
Feature
10
Stream — at least I
Yes
10 Start
Continues to pond
beyond easement
boundary
No
Yes
Feature
11
Stream — at least I
Yes
11 Start
Continues beyond
Easement boundary
No
Yes
12
Ditch
No
Not evaluated
Continues to
Easement boundary
Yes
Yes
* E: Ephemeral, I: Intermittent, P: Perennial
This on -site determination shall expire five (5) years from the date of this letter.
Landowners or affected parties that dispute this determination made by the DWR
may request an appeal determination by the Director of Water Resources. An appeal
request must be made within sixty (60) calendar days of the date of this letter to the
Director in writing, as per 15A NCAC 02B .0734 (4).
If sending via U.S. Postal Service:
Paul Wojoski - DWR 401 & Buffer
Permitting Branch Supervisor
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
Paul Wojoski - DWR 401 & Buffer
Permitting Branch Supervisor
512 N Salisbury St
Raleigh, NC 27604
This determination is final and binding as detailed above, unless an appeal is requested
within sixty (60) calendar days.
If you have any additional questions or require additional information, please contact
Shelton Sullivan at shelton.sullivan@ncdenr.gov or 919-707-3636. This determination is
subject to review as provided in Articles 3 & 4 of G.S. 150B.
Sincerely,
LPDocuSignedby:
Pee 1,0e�o
949D91BA53EF4E0...
Paul Wojoski
Supervisor, DWR 401 & Buffer Permitting
Attachments: Site Map with labels, Photos, NRCS Soil Survey, USGS Topographical Map
cc: Barrett Jenkins via email bjenkins@restorationsystems.com
Katie Merritt via email katie.merritt@ncdenr.gov
401 & Buffer Permitting Branch files
Mail copies to:
Carey Newsome Barnes, 41 Longstreet Road, Weldon, NC 27890
Eureka Etheridge Farms LLC, 218 old Farm Rd., Roanoke Rapids, NC 27870
Nancy Craven, 124 Berry Hill Rd., Raleigh, NC 27615
D E
....i a:cr1OLt%
nmme�.M aEltaluitlIdtlil Quaid
Filename: 20201937 DeadTree StreamCalls 4-2-21.docx
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center 1 Raleigh, North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: A9447FB1-86AD-48D1-8CA5-7E8DA025DFEC
Dead Tree Stream Calls, Shelton Sullivan DWR, 12/30/20 and 1/5/21, Google Aerials
0Z.T.11[.9G. I0 .L!!:ilE:• 11 A:�0 :iN:0 i11 00
0Z.T.11[.9G. I0 .L!!:ilE:• 11 A:�0 :iN:0 i11 00
DocuSign Envelope ID: A9447FB1-86AD-48D1-8CA5-7E8DA025DFEC
0Z.T.11[.9G. I0 .L!!:ilE:• 11 A:�0 :iN:0 i11 00
DocuSign Envelope ID: A9447FB1-86AD-48D1-8CA5-7E8DA025DFEC
DocuSign Envelope ID: A9447FB1-86AD-48D1-8CA5-7E8DA025DFEC
Dead Tree Stream Call Pictures
Shelton Sullivan DWR
1 Start (flag labeled 1F)
1B Ephemeral
1AI Intermittent
2E Ephemeral
DocuSign Envelope ID: A9447FB1-86AD-48D1-8CA5-7E8DA025DFEC
3 Start
5 Start
4 Start
6 Start
DocuSign Envelope ID: A9447FB1-86AD-48D1-8CA5-7E8DA025DFEC
7 Start
9 Start
8 Start
10 Start
DocuSign Envelope ID: A9447FB1-86AD-48D1-8CA5-7E8DA025DFEC
11 Start
12 Ditch
0
CO
N
0
N
O
0
CO
O
cn
0
CO
r
N.
Qi
Qi
o
4—
O h
Q) D 0_
0 CO
4-4U2
za)(,
�,�—
a)Eo
1— oN
U
o w z
c)
m
co
co co
O
CD
11
0
CO
N
0
N
0)
0
CO
O
Docu
• SECURED
Certificate Of Completion
Envelope Id: A9447FB 186AD48D 18CA57E8DA025DFEC
Subject: Please DocuSign: 20201937_DeadTree_StreamCalls_4-6-21.pdf
Source Envelope:
Document Pages: 16 Signatures: 1
Certificate Pages: 1 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Status: Completed
Envelope Originator:
Shelton Sullivan
217 W. Jones Street
Raleigh, NC 27699
shelton.sullivan@ncdenr.gov
IP Address: 149.168.204.10
Record Tracking
Status: Original
4/6/2021 8:51:00 AM
Security Appliance Status: Connected
Storage Appliance Status: Connected
Holder: Shelton Sullivan
shelton.sullivan@ncdenr.gov
Pool: StateLocal
Pool: North Carolina Department of Environmental
Quality
Location: DocuSign
Location: DocuSign
Signer Events
Signature
Timestamp
Paul Wojoski r—Do-. Signed by,
Paul.Wojoski@ncdenr.gov "" Wei
°"'
North Carolina Department of Environmental Quality '--944°91
aA53E`uE0..
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signature Adoption: Pre -selected Style
Using IP Address: 107.197.154.200
Sent: 4/6/2021 8:52:38 AM
Viewed: 4/7/2021 6:48:21 AM
Signed: 4/7/2021 7:17:42 AM
Freeform Signing
In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Certified Delivered
Signing Complete
Completed
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
4/6/2021 8:52:38 AM
4/7/2021 6:48:21 AM
4/7/2021 7:17:42 AM
4/7/2021 7:17:42 AM
Payment Events
Status
Timestamps
ROY COOPER
Governor
DONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
May 11, 2021
Barrett Jenkins
Restoration Systems, LLC
(via electronic mail: bjenkins@restorationsystems.com )
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Dead Tree Phase A Site
Near 36.092169, -77.616978 off Red Hill Church Rd
Tar -Pamlico 03020101
Edgecombe County
Dear Mr. Jenkins,
On October 9, 2020, Katie Merritt, with the Division of Water Resources (DWR), received a request
from you on behalf of Restoration Systems, LLC (RS) for a site visit near the above -referenced site
in the Tar -Pamlico River Basin within the 8-digit Hydrologic Unit Code 03020101. The site visit was
to determine the potential for riparian buffer mitigation and nutrient offset within a proposed
Easement Boundary, which is more accurately shown in the attached map labeled "Dead Tree Phase
A Overview" (Figure 1) prepared by RS. On December 30, 2020, Ms. Merritt performed a site
assessment of the subject site. Staff with RS were also present.
Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the
riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB)
and landward 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295
(effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0703.
Feature
Classification
1Subject
Riparian Land uses
Buffer
'Nutrient
4'SMitigation Type Determination w/in
onsite
to
Buffer
adjacent to Feature
Credit
Offset
riparian areas
(0-200')
Viable
Viable
Rule
1
Stream
Yes
Mostly non -forested
agricultural fields. Partially
forested areas and areas
with dense and diverse
early successional trees are
present along the right bank
downstream below
confluence of feature 1B.
See Map.
2Yes
Yes (non-
forested
fields only)
Non -forested fields - Restoration Site per
15A NCAC 02B .0295 (n)
Dense & Diverse Wooded Areas —
Preservation Site per 15A NCAC 02B
.0295 (o)(5)
Partially forested areas — Enhancement
Site per 15A NCAC 02B .0295 (n)
DE Q)
1fee ri EftiL
ebnsae�r�iduw�memtliradiir
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center 1 Raleigh, North Carolina 27699-1617
9/9.707.9000
Dead Tree Phase A Site
Restoration Systems, LLC
May 11, 2021
Feature
Classification
'Subject
Riparian Land uses
Buffer
'Nutrient
4'SMitigation Type Determination w/in
onsite
to
Buffer
adjacent to Feature
Credit
Offset
riparian areas
(0-200')
Viable
Viable
Rule
1A-1
Stream
Yes
Mostly non -forested
agricultural fields with
mature forest located along
right bank downstream.
2Yes
Yes (non-
forested
fields only)
Non -forested fields - Restoration Site per
15A NCAC 02B .0295 (n)
Forested Areas — Preservation Site per
15A NCAC 02B .0295 (o)(5)
1A-E
Ephemeral
No
Non -forested agricultural
fields
6Yes
Yes
Restoration Site per 15A NCAC 02B
.0295 (o)(7)
Must submit supporting documentation of
additional requirements under .0295
(o)(7) to be viable for buffer mitigation.
lA-D
Ditch
>3' depth
No
Non -forested agricultural
fields
No
Yes
Restoration Site per 15A NCAC 02B
.0295 (n)
1B
Starts @
36.093842,
-77.622377
Ephemeral
No
Non -forested agricultural
fields
*dense & diverse early
successional trees along the
confluence of feature 1 will
be assessed for feature 1.
6Yes
Yes
Restoration Site per 15A NCAC 02B
.0295 (o)(7)
Must submit supporting documentation of
additional requirements under .0295
(o)(7) to be viable for buffer mitigation.
1Ca
Starts @
36.094310,
-77.620028
Ditch
>3' depth
No
Non -forested agricultural
fields
No
Yes
Restoration Site per 15A NCAC 02B
.0295 (n)
1Cb
Upstream of
1Ca location
Ditch
>3' depth
No
Non -forested agricultural
fields
No
No
Drainage direction of overland flow does
not meet criteria as determined in the field
1D
Ditch
>3' depth
No
Non -forested agricultural
fields
No
Yes
Restoration Site per 15A NCAC 02B
.0295 (n)
lE
Ditch
>3' depth
Yes
Non -forested agricultural
fields
No
Yes
y,�_ _�/iolal
J�"
Restoration Site per 15A NCAC 02B
.0295 (n)
1F
Ditch
>3' depth
No
Non -forested agricultural
fields
No
Yes
Restoration Site per 15A NCAC 02B
.0295 (n)
'Subjectivity calls for the features were determined by DWR in correspondence dated April 6, 2021 using the 1:24,000 scale quadrangle
topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS .
2The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer
mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this rule.
3NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer
Establishment
4 Determinations made for this Site are determined based on the proposal provided in maps and figures submitted with the request.
5 All features proposed for buffer mitigation or nutrient offset, must have a planted conservation easement established that includes the
tops of channel banks when being measured perpendicular and landward from the banks, even if no credit is viable within that riparian
area.
6The area of the mitigation site on ephemeral channels shall comprise no more than 25 percent (25%) of the total area of buffer
mitigation per 15A NCAC 02B .0295 (o)(7).
Page 2 of 3
Dead Tree Phase A Site
Restoration Systems, LLC
May 11, 2021
Determinations provided in the table above were made using a proposed easement boundary showing
proposed mitigation areas shown in Figure 1. A map representing the proposal for the site is attached
to this letter and is initialed by Ms. Merritt on May 11, 2021. Substantial changes to the proposed
easement boundary could affect the Site's potential to generate buffer and nutrient offset credits.
This letter does not constitute an approval of this Site to generate buffer and nutrient offset credits.
Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to
DWR for written approval prior to conducting any mitigation activities in riparian areas and/or
surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0703, a proposal regarding a
proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR for
approval prior to any mitigation activities in riparian areas and/or surface waters.
All vegetative plantings, performance criteria and other mitigation requirements for riparian
restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to
be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being
viable for nutrient offset credit above, one could propose a different measure, along with supporting
calculations and sufficient detail to support estimates of load reduction, for review by the DWR to
determine viability for nutrient offset in accordance with 15A NCAC 02B .0703.
This viability assessment will expire on May 11, 2023 or upon approval of a mitigation plan by
the DWR, whichever comes first. This letter should be provided in any nutrient offset, buffer,
stream or wetland mitigation plan for this Site.
Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this
correspondence.
Sincerely,
Paul Wojoski, Supervisor
401 and Buffer Permitting Branch
PW/kym
Attachments: —Dead Tree Phase A Overview" (Figure 1)"
cc: File Copy (Katie Merritt)
Page 3 of 3
c
v
m
I1
u
a
E
5)
(A
0
•
•
•
t
4.
4.
4.
1
•
t
P.
Appendix D: Conservation Easement
Dead Tree Phase A Nutrient Offset and Buffer Mitigation Bank Parcel Appendix D: Conservation Easement
As -built & Baseline Monitoring Report — September 2022
Page 1 of 15
Type: CONSOLIDATED REAL PROPERTY
Recorded: 4/5/2022 2:50:59 PM
Fee Amt: $519.00 Page 1 of 15
Revenue Tax: $493.00
EDGECOMBE COUNTY, NORTH CAROLINA
Vila R. Anderson Register of Deeds
BK 1754 PG 1009 - 1023
This certifies that there are no delinquent ad valorem real estate taxes, which The
Edgecombe County Tax Collector is charged with collecting, that are a lien on:
Pin No. 480577720200
Excise Tax $ 493.00
PREPARED BY: Manning, Fulton & Skinner, PA (Joseph B. Bass III) — WITHOUT TITLE
EXAMINATION BY MANNING FULTON
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Restoration Systems, LLC
Attn: Mr. Barrett Jenkins
1101 Haynes St. Suite 211
Raleigh, NC 27604
PERMANENT CONSERVATION EASEMENT
THIS PERMANENT CONSERVATION EASEMENT ("Conservation Easement") is
made this 30 flay of March, 2022, by and between Carey Newsome Barnes, widower, a natural
person residing in Halifax County, North Carolina (hereinafter referred to as "Grantor") and
Restoration Systems, LLC, a North Carolina limited liability company (hereinafter referred to as
"Grantee"). The designation Grantor and Grantee as used herein shall include said parties, their
heirs, successors, and assigns and shall include singular, plural, masculine, feminine, or neuter as
required by context.
RECITALS
WHEREAS, Grantor owns in fee simple approximately thirty-five and twenty -hundredths
(35.20) acres of real property situated, lying, and being in Edgecombe County, North Carolina,
more particularly described on Exhibit A attached hereto and incorporated herein (the "Property"),
which such Property is located over and upon that certain larger tract of land owned in fee simple
by Grantor and described on Exhibit B ("Grantor's Land");
WHEREAS, Grantee is a North Carolina limited liability company whose purpose is the
conservation of property and who is qualified to be the grantee of a conservation easement under
N.C. Gen. Stat.§ 121-35;
submitted electronically by "Manning Fulton & Skinner, P.A."
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Edgecombe County Register of Deeds.
Page 2 of 15
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic
value of the Property in its natural state, which includes the following natural communities:
unnamed tributaries, open field ditches, and the adjacent riparian resources and similar resources.
The purpose of this Conservation Easement is to restore and maintain riparian resources, aquatic
and ecological resources, and other natural values of the Property and to prevent the use or
development of the Property for any purpose or in any manner that would conflict with the
maintenance of the Property in its natural condition; and
WHEREAS, the preservation of the Property is required by Grantee's Dead Tree Umbrella
Nutrient Offset Banking Instrument in the Tar -Pamlico River Basin (the "NOBI") (NCDWR
#2020-1937v3 that was approved by the North Carolina Division of Water Resources ("NCDWR")
on November 10, 2021. The NOBI is between Grantee, acting as the "Bank Sponsor", and
NCDWR. The use of the Property in accordance with this Conservation Easement is to restore the
Property to a natural vegetated condition as provided in and specified in the Dead Tree A and B
Bank Parcel Development Packages (the "BPDP") which was approved by NCDWR on November
16 and November 10, 2021. The approval of the NOBI and the BPDP allow Grantee to establish
the Dead Tree A and B Bank Parcels on the Property (the "Mitigation Bank"). The Mitigation
Bank is intended to provide nutrient offsets for impacts permitted by NCDWR due to development
(both existing and proposed) within restricted areas of the Tar -Pamlico River Basin. Grantor and
Grantee agree that third -party rights of enforcement shall be held by NCDWR, to include any
successor agencies, and that such rights are in addition to, and do not limit, the rights of Grantee
to comply with its NOBI and its BPDP with the NCDWR.
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 are hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and
conveys unto Grantee, its heirs, successors, and assigns, in perpetuity, a Conservation Easement
of the nature and character and to the extent hereinafter set forth, over the Property described on
Exhibit A, together with the right to preserve and protect the conservation values thereof and with
a right of access, as follows:
ARTICLE I.
DURATION OF EASEMENT; AREA OF EASEMENT
This Conservation Easement, including all appurtenant rights set forth herein, shall be
perpetual. This Conservation Easement, including all appurtenant rights set forth herein, is an
easement in gross, runs with the land, and is enforceable by Grantee against Grantor, Grantor's
personal representatives, heirs, successors and assigns, lessees, agents, and licensees.
ARTICLE II.
3626612v3.JBB.26275.T29798 2
Page 3 of 15
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purpose of this Conservation
Easement is prohibited. The Property shall be preserved in its natural condition and restricted from
any development that would impair or interfere with the conservation values of the Property.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited, restricted, or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration, or impairment of
the natural features of the Property or any introduction of non-native plants or animal species is
prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home,
asphalt or concrete pavement, billboard, or other advertising display, antenna, utility pole, tower,
conduit, line, pier, landing, dock, or any other temporary or permanent structure or facility on or
above the Property.
C. Industrial, Commercial, and Residential Use. Industrial, residential, and commercial
activities, including any right of passage for such purposes, are prohibited.
D. Agricultural, Grazing, and Horticultural Use. Agricultural, grazing, animal husbandry,
and horticultural use on, over, upon, or within the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting, or snowing
of trees, shrubs, or other vegetation from, on, or in the Property, except as provided in the BPDP.
Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or volunteer
trees and shrubs approved in the BPDP is allowable once a year for no more than five (5)
consecutive years from the date on page 1 of this Property, except where mowing will negatively
affect vegetation or disturb soils. Mowing activities shall only be performed by Grantee and shall
not violate any part of Item L of Article II or extend beyond five (5) years from the date on page
1 of this Conservation Easement.
F. Roads and Trails. There shall be no construction of roads, trails, or walkways on, over,
or upon the Property nor enlargement or modification to existing roads, trails, or walkways.
G. Signage. No signs shall be permitted on or over the Property, except the posting of no
trespassing signs, signs identifying the conservation values of the Property, signs giving directions
or proscribing rules and regulations for the use of the Property, or signs identifying Grantor as
owner of the Property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned
36266 ! 2v3.,1BB.26275.T29798 3
Page 4 of 15
vehicles, appliances, machinery, hazardous substances, or toxic or hazardous waste, or any
placement of underground or aboveground storage tanks or other materials on the Property is
prohibited.
I. Excavation, Dredging, or Mineral Use. There shall be no grading, filling, excavation,
dredging, mining, or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals, or other
materials; and no change in the topography of the land in any manner on the Property, except to
restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding, or related activities, or altering or tampering
with water control structures or devices, or disruption or alteration of the restored, enhanced, or
created drainage patterns. In addition, diverting or causing or permitting the diversion of surface
or underground water into, within, or out of the Property by any means, removal of wetlands,
polluting, or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is
prohibited.
K. Development Rights. No development rights that have been encumbered or extinguished
by this Conservation Easement shall be transferred under a transferable development rights scheme
or cluster development arrangement or otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all -terrain vehicles, cars, and trucks is prohibited on, over, upon, or within
the Property, other than for temporary or occasional access by Grantee, its employees, contractors,
agents, successors, assigns, and NCDWR for purposes of constructing, maintaining, or monitoring
the restoration of riparian areas within the Property.
M. Other Prohibitions. Any other use of, or activity on, over, and upon, the Property which
is or may become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems is prohibited.
ARTICLE III.
GRANTOR'S RESERVED RIGHTS
Grantor expressly reserves for itself, its personal representatives, heirs, successors, and 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 Property, the rights of
ingress and egress, the right to hunt, fish, and hike on the Property, the right to sell, transfer, gift,
or otherwise convey the Property, in whole or in part, provided such sale, transfer, or gift
conveyance is subject to the terms of, and specifically references, this Conservation Easement.
3626612v3.JB13.26275.T29798 4
Page 5 of 15
Notwithstanding the foregoing restrictions set forth in Article II above and otherwise in this
instrument, Grantee reserves for itself acting as the Bank Sponsor, its successors and assigns, the
right to construct a Mitigation Bank and to perform activities related to the restoration of riparian
areas within the Property in accordance with the approved NOBI and corresponding BPDP.
ARTICLE IV.
GRANTEE'S RIGHTS; ACCESS EASEMENT
Grantee and its authorized representatives, employees, agents, successors, assigns, and NCDWR,
shall have the right to enter the Property (including access over Grantor's Land) at all reasonable
times for the purpose of inspecting said Property to determine if Grantor or its personal
representatives, heirs, successors, or assigns are complying with the terms, conditions, restrictions,
and purposes of this Conservation Easement. Grantee shall also have the right to enter and go upon
the Property for purposes of making scientific or educational observations and studies and taking
samples. The easement rights granted herein do not include public access rights.
Accordingly Grantor hereby grants and conveys unto Grantee, its authorized
representatives, employees, agents, successors, assigns, and NCDWR a perpetual, non-exclusive
easement for ingress and egress over and upon Grantor's Land at all reasonable times and at the
location more particularly described on Exhibit A ("Access Easement") attached hereto and
incorporated herein by this reference, to access the Property for the purposes set forth herein. This
grant of easement shall not vest any rights in the public and shall not be construed as a public
dedication of the Access Easement. Grantor covenants, represents, and warrants that it is the sole
owner of and is seized of Grantor's Land in fee simple and has the right to grant and convey this
Access Easement.
ARTICLE V.
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Conservation Easement, Grantee and the NCDWR
are allowed to prevent any activity, on or use of, the Property that is inconsistent with the purposes
of this Conservation Easement and to require the restoration of such areas or features of the
Property that may be damaged by such activity or use. Upon any breach of the teams of this
Conservation Easement by Grantor that comes to the attention of Grantee, Grantee shall notify
Grantor in writing of such breach. Grantor shall have thirty (30) days after receipt of such notice
to correct the conditions constituting such breach. If the breach remains uncured after thirty (30)
days, Grantee may enforce this Conservation Easement by appropriate legal proceedings including
claims for damages and injunctive and other legal and equitable relief. Notwithstanding the
3626612v3..TC3B.26275.T29798 5
Page 6 of 15
foregoing, Grantee reserves the immediate right, without notice, to obtain a temporary restraining
order or injunctive or other appropriate relief if the breach of this Conservation Easement is or
would irreversibly or otherwise materially impair the benefits to be derived from this Conservation
Easement. Grantor and Grantee acknowledge that under such circumstances damage to Grantee
would be irreparable and remedies at law will be inadequate. The rights and remedies of Grantee
provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available
to Grantee in connection with this Conservation Easement. The costs of a breach, correction, or
restoration, including Grantee's expenses, court costs, and reasonable attorneys' fees, shall be paid
by Grantor, provided Grantor is determined to be responsible for the breach. NCDWR shall have
the same right to enforce the terms and conditions of this Conservation Easement as Grantee.
B. No failure on the part of Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or any other covenant, condition, or provision hereof or
affect the right to Grantee to enforce the same in the event of a subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to
bring any action against Grantor for any injury or change in the Property resulting from causes
beyond Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third
parties, except Grantor's lessees, agents, contractors, or invitees; or from any prudent action taken
in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant
injury to life, damage to property, or harm to the Property resulting from such causes.
ARTICLE VI.
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants, and represents that it owns the Property in fee
simple, that Grantor owns all interests in the Property which may be impaired by the granting of
this Conservation Easement, and that there are no outstanding mortgages, tax liens, encumbrances,
or other interests in the Property which have not been expressly subordinated to this Conservation
Easement. Grantor also warrants that Grantee shall have the use and enjoyment of all the benefits
derived from and arising out of this Conservation Easement and that Grantor will warrant and
defend title to the Property against the claims of all persons whatsoever.
B. Subsequent Transfers. Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or other legal instrument that transfers any interest in all or a portion of the
Property. Grantor agrees to provide written notice of such transfer to Grantee at least thirty (30)
days before the date of the transfer. Grantor and Grantee agree that the terns of this Conservation
Easement shall survive any merger of the fee and easement interests in the Property or any portion
thereof and shall not be amended, modified, or terminated without the prior written consent and
approval of NCDWR.
3626612v3.7B3.26275-T29798 6
Page 7 of 15
C. Assignment. The parties recognize and agree that the benefits of this Conservation
Easement are in gross and assignable; provided, however, that 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 Grantee also covenants and agrees that the terns of the transfer
or assignment will be such that the transferee or assignee will be required to continue in perpetuity
the conservation purposes described in this document.
D. Entire Agreement and Severability. The combined NOBI with corresponding BPDP and
this instrument set forth the entire agreement of the parties with respect to the Conservation
Easement and supersedes prior discussions, negotiations, understandings, or agreements relating
to the Conservation Easement. If any provision is found to be void or unenforceable by a court of
competent jurisdiction, the remainder shall continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments,
fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other
encumbrances for obligations incurred by Grantor except those incurred after the date hereof and
which are expressly subject and subordinate to the Conservation Easement. Grantee shall not be
responsible for any costs or liability of any kind related to the ownership, operation, insurance,
upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall
relieve Grantor of the obligation to comply with federal, state, or local laws, regulations, and
permits that may apply to the exercise of Grantor's reserved rights set forth in Article III.
F. Extinguishment. In the event that changed conditions render impossible the continued
use of the Property for the conservation purposes, this Conservation Easement may only be
extinguished, in whole or in part, by judicial proceeding.
G. Eminent Domain. Whenever all or part of the Property is taken in the exercise of eminent
domain so as to substantially abrogate the restrictions imposed by this Conservation Easement,
Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full
value of the taking, and all incidental and direct damages due to the taking.
H. Eminent Domain Proceeds. This Conservation Easement constitutes a real property
interest immediately vested in Grantee. In the event that all or a portion of this Property is sold,
exchanged, or involuntarily converted following an extinguishment or the exercise of eminent
domain, Grantee shall be entitled to the fair market value of this Conservation Easement. The
parties stipulate that the fair market value of this Conservation Easement shall be determined by
multiplying the fair market value of the Property unencumbered by this Conservation Easement
(minus any increase in value after the date of this grant attributable to improvements) by the ratio
of the value of this Conservation Easement at the time of this grant to the value of the Property
3626612v3.71313.26275.T29798
Page 8 of 15
(without deduction for the value of this Conservation Easement) at the time of this grant. The
values at the time of this grant shall be the values used, or which would have been used, to calculate
a deduction for federal income tax purposes, under 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.
I. Notification. Any notice, request for approval, or other communication required under
this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the
following addresses (or such address as may be hereafter specified by notice in accordance with
this Paragraph):
To Grantor:
Carey Newsome Barnes
41 Longstreet Road
Weldon, NC 27890
To Grantee:
Restoration Systems, LLC
1101 Haynes Street
Suite 211
Raleigh, NC 27604
Attn: Mr. Barrett Jenkins
To NCDEO -DWR:
NCDEQ — Division of Water Resources
401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation
Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time
after the occurrence of one of these events Grantee fails to make an assignment in accordance with
this Conservation Easement, then Grantee's interest shall become vested in another qualified
grantee in accordance with an appropriate proceeding in a court of competent jurisdiction.
K. Amendment. This Conservation Easement may be amended but only in a writing signed
by all parties hereto and provided such amendment does not affect the qualificationof this
Conservation Easement or the status of Grantee under any applicable laws and provided such
amendment is consistent with the conservation purposes of this grant.
3626612v3..MB.26275.T29798 8
Page 9 of 15
L. Present Condition of the Property. The wetlands, scenic, resource, environmental, and
other natural characteristics of the Property, and its current use and state of improvement, are
described in the BPDP, prepared by Grantee acting as the Bank Sponsor for the BPDP. The BPDP
is acknowledged by Grantor to be complete and accurate as of the date hereof. Grantor has copies
of the BPDP. The BPDP will be used by the parties to assure that any fixture changes in the use of
the Property will be consistent with the terms of this Conservation Easement. However, the BPDP
is not intended to preclude the use of other evidence to establish the present condition of the
Property if there is a controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the
aforesaid purposes.
[Remainder of page left intentionally blank; signatures follow.]
3626612v3.JBB.26275.T2979S 9
Page 10 of 15
IN TESTIMONY WHEREOF, Grantor has hereunto set its hand and seal, the day and
year fast above written.
GRANTOR:
1ii.‘-f
Carey Newsoi.e Barnes
[SEAL]
STATE OF NORTH CAROLINA
COUNTY OF Hal1t,
I,ii,jancAl(1}or-j3 , a Notary Public of the aforesaid County and State,
certify that Carey Newsome Barnes personally came before nie this day and acknowledged that he
or she signed the foregoing instrument.
WITNESS my hand and official seal, this the 3b day of , 20
My Commission Expires: , ►1St`13,
-
AGREED AND ACCEPTED BY GRANTEE:
Restoration Systems, LLC, a North Carolina limited liability company
By: [SEAL]
Name:
Title:
STATE OF NORTH CAROLINA
COUNTY OF
ay
I certify that the following person personally appeared before me this day, acknowledging
to me that signed the foregoing document as the duty authorized signatory for Restoration
Systems, LLC:
WITNESS my hand and official seal, this day of , 20
NOTARY PUBLIC
My Commission Expires:
3626612v3.m13,262751-29798 10
Page 11 of 15
IN TESTIMONY WHEREOF, Grantor has hereunto set its hand and seal, the day and
year first above written.
GRANTOR:
[SEAL]
Carey Newsome Barnes
STATE OF NORTH CAROLINA
COUNTY OF
I, , a Notary Public of the aforesaid County and State,
certify that Carey Newsome Barnes personally came before me this day and acknowledged that he
or she signed the foregoing instrument.
WITNESS my hand and official seal, this the day of , 20
NOTARY PUBLIC
My Commission Expires:
AGREED AND ACCEPTED BY GRANTEE:
Restoration Systems, LLC, a North Carolina limited liability company
By:
Name:
Title/
f _ 1
-� r� s•
STATE OF NORTH CAROLINA
COUNTY OF hay- I' e-k-k-
I certify that the following person personally appeared before me this day, acknowledging
to me that signed the foregoing dojcument_a the duly authorized signatory for Restoration
Systems, LLC: S3hln W er 11're sid-eflt
WITNESS my hand and official seal, this 'day of '(`�la+�Gh ,
ottiiiiteifft
��� GEN Pq�. ",
'��SSIOn .s l�NOTARY PUBLIC
• 4 O-cAR),
N � +
pp
II rr��
▪ y'• 36256T2 3 �3i3'�C�2QS'�9798
',,,rT Ca •�
t 4 U _ Expires:
Z:
10
_1O_,9a,;(o
My Commission
Page 12 of 15
EXHIBIT A
PROPERTY DESCRIPTION
(CONSERVATION EASEMENT AREA AND ACCESS EASEMENT DESCRIPTION)
Conservation Easement Area 1
BEING ALL OF Conservation Easement Area 1 of the Dead Tree Site over a portion of the land
of Carey Newsome Barnes (PIN No 4805777202) lying and being situated in No 6 Township,
Edgecombe County, North Carolina and particularly described as follows (all distances are
ground distances unless otherwise noted):
Beginning at an iron stake (Point of Beginning) labeled as Point No. 51 and being located South
62°00'13" West 2527.10 feet from an iron pipe (Point No. 500) with N.C. Grid Coordinates
N=857,4019790, E=2,410,093.231 (NAD '83, 2011).
Thence from the Point of Beginning (Point No. 51), South 38°35'50" West 1739.30' to an iron
stake;
thence North 78°01'01" West 177.83' to an iron stake;
thence North 05°07'55" East 68.74' to an iron stake;
thence North 28°38'29" East 64.29' to an iron stake;
thence North 37°34'29" East 486.84' to an iron stake;
thence North 88°10'54" West 246.22' to an iron stake;
thence North 83 ° 19'32" West 82.15' to an iron stake;
thence North 73 °56' 15" West 145.89' to an iron stake;
thence North 60°21'20" West 122.85' to an Iron stake;
thence South 88°13'53" West 182.81' to an iron stake;
thence North 80°47'11" West 262.94' to an iron stake;
thence South 83°11'47" West 201.17' to an iron stake;
thence North 04°42'12" East 107.50' to an iron stake;
thence North 04°42' 12" East 137.17' to an iron stake;
thence North 32° 17' 18" East 25.08' to a non-monumented corner;
thence North 26°38'26" East 52.74' to a non-monumented corner;
thence North 29°05'25" East 51.49' to a non-ronumented corner;
thence North 29°21'20" East 131.91' to a non-monumented corner;
thence North 29°05'36" East 9.89' to a non-monumented corner;
thence North 29°05'36" East 99.1 1' to a non-monumented corner;
thence North 28°05'57" East 87.76' to a non-monumented corner;
thence North 33° 11'44" East 86.29' to a non-monumented corner;
thence North 53°43'57" East 25.96' to a non-nionurnented corner;
thence North 42°58'37" East 100.17' to a non-rnonumented corner;
thence North 27°49'47" East 101.48' to a non-monumented comer;
thence North 42°2.3'45" East 59.93' to a non-ronumented corner;
thence North 46°20'30" East 66.20' to a non-monumented corner;
thence North 45° 12' 17" East 47.56' to a non-monumented corner;
3626612v3.J1313.26275.T29798
Page 13 of 15
thence North 59°00'35" East 109.74' to a non-monumented corner;
thence North 75°23'22" East 97.94' to a non-monumented comer;
thence North 64°41'29" East 199.26' to a non-monumented corner;
thence North 48°52'48" East 74.96' to a non-monumented corner;
thence North 17°56'36" East 236.89' to a non-monumented corner;
thence North 17°27'55" East 385.63' to a non-monumented corner;
thence North 17°37'31" East 220.94' to a non-monumented corner;
thence North 17°23'20" East 71.21' to a non-monumented comer;
thence North 17°23'20" East 202.06' to a non-monumented corner;
thence North 18°35'13" East 132.47' to a non-monumented corner;
thence North 17°54'46" East 49.46' to a non-monumented corner;
thence South 63°27'58" East 65.50' to an iron stake;
thence South 45°00'00" East 65,19' to an iron stake;
thence South 27°10'32" East 65.57' to an iron stake;
thence South 08°44'36" East 69.38' to an iron stake;
thence South 11 °42'23" West 49.20' to an iron stake;
thence South 17°32'46" West 243.31' to an iron stake;
thence South 17°38'32" West 887.90' to an iron stake;
thence South 32°28'47" West 55.57' to an iron stake;
thence South 50°40'26" West 142.80' to an iron stake;
thence South 64°39'47" West 235.31' to an iron stake;
thence South 74°46'13" West 93.34' to an iron stake;
thence South 59°09'44" West 50.80' to an iron stake;
thence South 44°03'30" West 112.04' to an iron stake;
thence South 29°17'40" West 85.60' to an iron stake;
thence South 39°38'07" West 93.56' to an iron stake;
thence South 43°53'08" West 78.89' to an iron stake;
thence South 29°53'02" West 169.82' to an iron stake;
thence South 79°27'46" East 138.84' to an iron stake;
thence North 86°04'41" East 92.01' to an iron stake;
thence South 87°47'51" East 112.93' to an iron stake;
thence South 82°08'02" East 33.30' to an iron stake;
thence South 71°33'54" East 30.88' to an iron stake;
thence South 65°43'36" East 199.02' to an iron stake;
thence South 76°20'25" East 56.06' to an iron stake;
thence North 87°04'36" East 102.13' to an iron stake;
thence North 02°21'41" East 63.20' to an iron stake;
thence North 08°39'09" East 40.39' to an iron stake;
thence North 21°01'07" East 47.19' to an iron stake;
thence North 34°10'56" East 49.06' to an iron stake;
thence North 49°05'58" East 45.08' to an iron stake;
thence North 59°56'39" East 44.63' to an iron stake;
thence North 72°28'28" East 43.24' to an iron stake;
thence North 85°25'28" East 41.75' to an iron stake;
thence South 86°00'28" East 41.60' to an iron stake;
thence South 72°41'58" East 41.60' to an iron stake;
thence South 62°20'21" East 35.53' to an iron stake;
3626612v3.JBB.26275.T29798
Page 14 of 15
thence South 51 °45'33" East 41.72' to an iron stake;
thence South 39°22'31 " East 40.71' to an iron stake;
thence South 28°24'29" East 39.23' to an iron stake;
thence South 20°31'03" East 37.77' to an iron stake;
thence South 08°10'05" East 46.20' to an iron stake;
thence South 07°03'21" West 59.36' to an iron stake;
thence South 82°01'34" East 45.05' to an iron stake;
thence North 38°29'34" East 474.46' to an iron stake;
thence North 47°48'43" East 44.26' to an iron stake;
thence North 59°23'34" East 60.84' to an iron stake;
thence North 78°48'25" East 73.66' to an iron stake;
thence South 81°32'43" East 70.59' to an iron stake;
thence South 61°12'59" East 77.19' to an iron stake;
which is the point of beginning,
having an area of 35.20 acres, more or less.
THE FOREGOING CONSERVATION EASEMENT AREA as shown on plat of survey titled
"Conservation Easement for Restoration Systems, LLC, over a Portion of the Lands of Barnes
per D.B. 1677, Pg. 546 (PIN: 4805-77-7202), and Also, Craven, Kimball & Harris per D.B.
1199 Pg. 287 (PIN: 4805-86-7153), and Also, Eureka Etheridge Farms, LLC per D.B. 1592, Pg.
804, Tracts 1, 2 & 3 (PIN(S): 4815-07-9630 & 4815-37-7393), No. 6 Township, Edgecombe
County, North Carolina" dated February 5, 2022, by K2 Design Group, and recorded in Plat
Cabinet 13, Pages 219 through 223, Edgecombe County Register of Deeds.
AND SUCH CONSERVATION EASEMENT AREA TOGETHER WITH that certain new non-
exclusive access easement labeled as "Access Easement I", for ingress, egress, and regress and
as shown and more particularly described on the foregoing described plat of survey recorded in
Plat Cabinet 13, Pages 2I9 through 223, Edgecombe County Register of Deeds.
3626612v3.31313.26275.T29798
Page 15 of 15
EXHIBIT B
GRANTOR'S LAND DESCRIPTION OVER WHICH THE PROPERTY (CONSERVATION
EASEMENT) IS LOCATED
Lying and being situate in Edgecombe County, NC, and being more particularly described as follows:
All that certain tract or parcel of land lying and being situate in Number Six Township, Edgecombe
County, North Carolina, fronting at the northeastern intersection of the center lines of N.C. State
Highway No. 44 and N.C. State Road 1423 if extended and more particularly shown and designated as
Tract No. TWO (2), containing 284.13 acres, including land within the creek bed and right of way on
N.C. State Road 1423, on that certain map entitled, "Plat Showing Division of the `Eureka Farm'
belonging to Heirs of Claude Etheridge, No. 6 Township, Edgecombe County, N.C.", prepared by
Cyril C. Waters, Registered Surveyor, under date of December 8,1979, and recorded in Plat Cabinet
1, slide 30-B, Edgecombe County Public Registry, and being identical real property conveyed unto
Rebecca Ann Etheridge Barnes, Trustee, or successor Trustee, under the Rebecca Ann Etheridge
Barnes Revocable Trust dated the 23rd day of September, 2005, by deed of Rebecca Ann Etheridge
Barnes and spouse, Carey N. Barnes, dated November 4, 2005, and recorded in Book 1449, page 554,
Edgecombe County Public Registry; reference to said map and deed being hereby made for greater
certainty of description.
3626612v3.3133.26275.729798
Page 1 of 17
Type: CONSOLIDATED REAL PROPERTY
Recorded: 4/5/2022 2:47:20 PM
Fee Amt: $716.00 Page 1 of 17
Revenue Tax: $682.00
EDGECOMBE COUNTY, NORTH CAROLINA
Vila R. Anderson Register of Deeds
This certifies that there are no delinquent actitrerlvAg tatp6s,(q The 1008
Edgecombe County Tax Collector is charge wit col ec ing, that are alien on:
Pin No. 480586715300
Excise Tax $ 682.00
PREPARED BY: Manning, Fulton & Skinner, PA (Joseph B. Bass III) — WITHOUT TITLE
EXAMINATION
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Restoration Systems, LLC
Attn: Mr. Barrett Jenkins
1101 Haynes St. Suite 211
Raleigh, NC 27604
PERMANENT CONSERVATION EASEMENT
THIS PERMANENT CONSERVATION EASEMENT ("Conservation Easement") is
made this 30th day of March , 2022, by and between Nancy Harris Craven and husband
Thomas F. Craven, natural persons who are residents of the State of North Carolina, Macie
Harris Kimball and husband Richard Kimball, natural persons who are residents of the State of
South Carolina, and Melvin Read Harris and wife Sandy Harris, natural persons who are
residents of the Commonwealth of Virginia (hereinafter collectively referred to as "Grantor") and
Restoration Systems, LLC, a North Carolina limited liability company (hereinafter referred to as
"Grantee"). The designation Grantor and Grantee as used herein shall include said parties, their
heirs, successors, and assigns and shall include singular, plural, masculine, feminine, or neuter as
required by context.
RECITALS
WHEREAS, Grantor owns in fee simple approximately forty-eight and seventy-one
hundredths (48.71) acres of real property situated, lying, and being in Edgecombe County, North
Carolina, more particularly described on Exhibit A attached hereto and incorporated herein (the
"Property"), which such Property is located over and upon that certain larger tract of land owned
in fee simple by Grantor and described on Exhibit B ("Grantor's Land");
Submitted electronically by "Manning Fulton & Skinner, P.A."
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Edgecombe County Register of Deeds.
Page 2 of 17
WHEREAS, Grantee is a North Carolina limited liability company whose purpose is the
conservation of property and who is qualified to be the grantee of a conservation easement under
N.C, Gen. Stat.§ 121-35;
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic
value of the Property in its natural state, which includes the following natural communities:
unnamed tributaries, open field ditches, and the adjacent riparian resources and similar resources.
The purpose of this Conservation Easement is to restore and maintain riparian resources, aquatic
and ecological resources, and other natural values of the Property and to prevent the use or
development of the Property for any purpose or in any manner that would conflict with the
maintenance of the Property in its natural condition; and
WHEREAS, the preservation of the Property is required by Grantee's Dead Tree Umbrella
Nutrient Offset Banking Instrument in the Tar -Pamlico River Basin (the "NOBI") (NCDWR #
2020-1937v3 that was approved by the North Carolina Division of Water Resources ("NCDWR")
on November 10, 2021. The NOBI is between Grantee, acting as the "Bank Sponsor", and
NCDWR. The use of the Property in accordance with this Conservation Easement is to restore the
Property to a natural vegetated condition as provided in and specified in the Dead Tree A and B
Bank Parcel Development Packages (the "BPDP") which was approved by NCDWR on November
16 and November 10, 2021. The approval of the NOBI and the BPDP allow Grantee to establish
the Dead Tree A and B Bank Parcels on the Property (the "Mitigation Bank"). The Mitigation
Bank is intended to provide nutrient offsets for impacts permitted by NCDWR due to development
(both existing and proposed) within restricted areas of the Tar -Pamlico River Basin. Grantor and
Grantee agree that third -party rights of enforcement shall be held by NCDWR, to include any
successor agencies, and that such rights are in addition to, and do not limit, the rights of Grantee
to comply with its NOBI and its BPDP with the NCDWR.
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 are hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and
conveys unto Grantee, its heirs, successors, and assigns, in perpetuity, a Conservation Easement
of the nature and character and to the extent hereinafter set forth, over the Property described on
Exhibit A, together with the right to preserve and protect the conservation values thereof and with
a right of access, as follows:
ARTICLE I.
DURATION OF EASEMENT; AREA OF EASEMENT
This Conservation Easement, including all appurtenant rights set forth herein, shall be
perpetual. This Conservation Easement, including all appurtenant rights set forth herein, is an
3628119v2.3BB.26275.T29798 2
Page 3 of 17
easement in gross, runs with the land, and is enforceable by Grantee against Grantor, Grantor's
personal representatives, heirs, successors and assigns, lessees, agents, and licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purpose of this Conservation
Easement is prohibited. The Property shall be preserved in its natural condition and restricted from
any development that would impair or interfere with the conservation values of the Property.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited, restricted, or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration, or impairment of
the natural features of the Property or any introduction of non-native plants or animal species is
prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home,
asphalt or concrete pavement, billboard, or other advertising display, antenna, utility pole, tower,
conduit, line, pier, landing, dock, or any other temporary or permanent structure or facility on or
above the Property.
C. Industrial, Commercial, and Residential Use. Industrial, residential, and commercial
activities, including any right of passage for such purposes, are prohibited.
D. Agricultural, Grazing, and Horticultural Use. Agricultural, grazing, animal husbandry,
and horticultural use within the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting, or mowing
of trees, shrubs, or other vegetation in the Property, except as provided in the BPDP. Mowing of
invasive and herbaceous vegetation for purposes of enhancing planted or volunteer trees and
shrubs approved in the BPDP is allowable once a year for no more than five (5) consecutive years
from the date on page 1 of this Property, except where mowing will negatively affect vegetation
or disturb soils. Mowing activities shall only be performed by Grantee and shall not violate any
part of Item L of Article II or extend beyond five (5) years from the date on page 1 of this
Conservation Easement.
F. Roads and Trails. There shall be no construction of roads, trails, or walkways on the
Property nor enlargement or modification to existing roads, trails, or walkways.
G. Signage. No signs shall be permitted on or over the Property, except the posting of no
trespassing signs, signs identifying the conservation values of the Property, signs giving directions
3628119v2.113B.26275.T29798 3
Page 4 of 17
or proscribing rules and regulations for the use of the Property, or signs identifying Grantor as
owner of the Property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, machinery, hazardous substances, or toxic or hazardous waste, or any
placement of underground or aboveground storage tanks or other materials on the Property is
prohibited.
I. Excavation, Dredging, or Mineral Use. There shall be no grading, filling, excavation,
dredging, mining, or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals, or other
materials; and no change in the topography of the land in any manner on the Property, except to
restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding, or related activities, or altering or tampering
with water control structures or devices, or disruption or alteration of the restored, enhanced, or
created drainage patterns. In addition, diverting or causing or permitting the diversion of surface
or underground water into, within, or out of the Property by any means, removal of wetlands,
polluting, or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is
prohibited.
K. Development Rights. No development rights that have been encumbered or extinguished
by this Conservation Easement shall be transferred under a transferable development rights scheme
or cluster development arrangement or otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all -terrain vehicles, cars, and trucks is prohibited within the Property, other
than for temporary or occasional access by Grantee, its employees, contractors, agents, successors,
assigns, and NCDWR for purposes of constructing, maintaining, or monitoring the restoration of
riparian areas within the Property.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become
inconsistent with the purposes of this grant, the preservation of the Property substantially in its
natural condition, or the protection of its environmental systems is prohibited.
ARTICLE III.
GRANTOR'S RESERVED RIGHTS
Grantor expressly reserves for itself, its personal representatives, heirs, successors, and 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 Property, the rights of
3628119v2.713B.26275.T29798 4
Page 5 of 17
ingress and egress, the right to hunt, fish, and hike on the Property, the right to sell, transfer, gift,
or otherwise convey the Property, in whole or in part, provided such sale, transfer, or gift
conveyance is subject to the terms of, and specifically references, this Conservation Easement.
Notwithstanding the foregoing restrictions set forth in Article II above and otherwise in this
instrument, Grantee reserves for itself acting as the Bank Sponsor, its successors and assigns, the
right to construct a Mitigation Bank and to perform activities related to the restoration of riparian
areas within the Property in accordance with the approved NOBI and corresponding BPDP.
ARTICLE IV.
GRANTEE'S RIGHTS; ACCESS EASEMENT
Grantee and its authorized representatives, employees, agents, successors, assigns, and NCDWR,
shall have the right to enter the Property (including access over Grantor's Land) at all reasonable
times for the purpose of inspecting said Property to determine if Grantor or its personal
representatives, heirs, successors, or assigns are complying with the terms, conditions, restrictions,
and purposes of this Conservation Easement. Grantee shall also have the right to enter and go upon
the Property for purposes of making scientific or educational observations and studies and taking
samples. The easement rights granted herein do not include public access rights.
Accordingly Grantor hereby grants and conveys unto Grantee, its authorized representatives,
employees, agents, successors, assigns, and NCDWR a perpetual, non-exclusive easement for
ingress and egress over and upon Grantor's Land at all reasonable times and at the location more
particularly described on Exhibit A ("Access Easement") attached hereto and incorporated herein
by this reference, to access the Property for the purposes set forth herein. This grant of easement
shall not vest any rights in the public and shall not be construed as a public dedication of the Access
Easement. Grantor covenants, represents, and warrants that it is the sole owner of and is seized of
Grantor's Land in fee simple and has the right to grant and convey this Access Easement.
ARTICLE V.
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Conservation Easement, Grantee and the NCDWR
are allowed to prevent any activity, on or use of, the Property that is inconsistent with the purposes
of this Conservation Easement and to require the restoration of such areas or features of the
Property that may be damaged by such activity or use. Upon any breach of the terms of this
Conservation Easement by Grantor that comes to the attention of Grantee, Grantee shall notify
Grantor in writing of such breach. Grantor shall have thirty (30) days after receipt of such notice
to correct the conditions constituting such breach. If the breach remains uncured after thirty (30)
days, Grantee may enforce this Conservation Easement by appropriate legal proceedings including
3628119v2JBB.26275.T29798 5
Page 6 of 17
claims for damages and injunctive and other legal and equitable relief. Notwithstanding the
foregoing, Grantee reserves the immediate right, without notice, to obtain a temporary restraining
order or injunctive or other appropriate relief if the breach of this Conservation Easement is or
would irreversibly or otherwise materially impair the benefits to be derived from this Conservation
Easement. Grantor and Grantee acknowledge that under such circumstances damage to Grantee
would be irreparable and remedies at law will be inadequate. The rights and remedies of Grantee
provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available
to Grantee in connection with this Conservation Easement. The costs of a breach, correction, or
restoration, including Grantees expenses, court costs, and reasonable attorneys' fees, shall be paid
by Grantor, provided Grantor is determined to be responsible for the breach. NCDWR shall have
the same right to enforce the terms and conditions of this Conservation Easement as Grantee.
B. No failure on the part of Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or any other covenant, condition, or provision hereof or
affect the right to Grantee to enforce the same in the event of a subsequent breach or default,
C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to
bring any action against Grantor for any injury or change in the Property resulting from causes
beyond Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third
parties, except Grantor's lessees, agents, contractors, or invitees; or from any prudent action taken
in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant
injury to life, damage to property, or harm to the Property resulting from such causes.
ARTICLE VI.
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants, and represents that it owns the Property in fee
simple, that Grantor owns all interests in the Property which may be impaired by the granting of
this Conservation Easement, and that there are no outstanding mortgages, tax liens, encumbrances,
or other interests in the Property which have not been expressly subordinated to this Conservation
Easement. Grantor also warrants that Grantee shall have the use and enjoyment of all the benefits
derived from and arising out of this Conservation Easement and that Grantor will warrant and
defend title to the Property against the claims of all persons whatsoever.
B. Subsequent Transfers. Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or other legal instrument that transfers any interest in all or a portion of the
Property. Grantor agrees to provide written notice of such transfer to Grantee at least thirty (30)
days before the date of the transfer. Grantor and Grantee agree that the terms of this Conservation
Easement shall survive any merger of the fee and easement interests in the Property or any portion
thereof and shall not be amended, modified, or terminated without the prior written consent and
3628119v2.I3B.26275,T29798 6
Page 7 of 17
approval of NCDWR.
C. Assignment. The parties recognize and agree that the benefits of this Conservation
Easement are in gross and assignable; provided, however, that 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. Grantee also covenants and agrees that the terns of the transfer
or assignment will be such that the transferee or assignee will be required to continue in perpetuity
the conservation purposes described in this document.
D. Entire Agreement and Severability. The combined NOBI with corresponding BPDP and
this instrument set forth the entire agreement of the parties with respect to the Conservation
Easement and supersedes prior discussions, negotiations, understandings, or agreements relating
to the Conservation Easement. If any provision is found to be void or unenforceable by a court of
competent jurisdiction, the remainder shall continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments,
fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other
encumbrances for obligations incurred by Grantor except those incurred after the date hereof and
which are expressly subject and subordinate to the Conservation Easement. Grantee shall not be
responsible for any costs or liability of any kind related to the ownership, operation, insurance,
upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall
relieve Grantor of the obligation to comply with federal, state, or local laws, regulations, and
permits that may apply to the exercise of Grantor's reserved rights set forth in Article III.
P. Extinguishment. In the event that changed conditions render impossible the continued
use of the Property for the conservation purposes, this Conservation Easement may only be
extinguished, in whole or in part, by judicial proceeding.
G. Eminent Domain. Whenever all or part of the Property is taken in the exercise of eminent
domain so as to substantially abrogate the restrictions imposed by this Conservation Easement,
Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full
value of the taking, and all incidental and direct damages due to the taking.
H. Eminent Domain Proceeds. This Conservation Easement constitutes a real property
interest immediately vested in Grantee. In the event that all or a portion of this Property is sold,
exchanged, or involuntarily converted following an extinguishment or the exercise of eminent
domain, Grantee shall be entitled to the fair market value of this Conservation Easement. The
parties stipulate that the fair market value of this Conservation Easement shall be determined by
multiplying the fair market value of the Property unencumbered by this Conservation Easement
(minus any increase in value after the date of this grant attributable to improvements) by the ratio
3628119v2.JBB.26275.1'29798 7
Page 8 of 17
of the value of this Conservation Easement at the time of this grant to the value of the Property
(without deduction for the value of this Conservation Easement) at the time of this grant. The
values at the time of this grant shall be the values used, or which would have been used, to calculate
a deduction for federal income tax purposes, under 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.
I. Notification. Any notice, request for approval, or other communication required under
this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the
following addresses (or such address as may be hereafter specified by notice in accordance with
this Paragraph):
To Grantor:
C/O Mrs. Nancy Harris Craven
124 Berry Hill Drive
Raleigh, NC 276I5
To Grantee:
Restoration Systems, LLC
1101 Haynes Street
Suite 211
Raleigh, NC 27604
Attn: Mr. Barrett Jenkins
To NCDEQ -DWR:
NCDEQ — Division of Water Resources
401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation
Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time
after the occurrence of one of these events Grantee fails to make an assignment in accordance with
this Conservation Easement, then Grantee's interest shall become vested in another qualified
grantee in accordance with an appropriate proceeding in a court of competent jurisdiction.
K. Amendment. This Conservation Easement may be amended but only in a writing signed
by all parties hereto and provided such amendment does not affect the qualification of this
Conservation Easement or the status of Grantee under any applicable laws and provided such
amendment is consistent with the conservation purposes of this grant.
36281 f 9v2.3BB.26275.T29798
Page 9 of 17
L. Present Condition of the Property. The wetlands, scenic, resource, environmental, and
other natural characteristics of the Property, and its current use and state of improvement, are
described in the BPDP, prepared by Grantee acting as the Bank Sponsor for the BPDP. The BPDP
is acknowledged by Grantor to be complete and accurate as of the date hereof. Grantor has copies
of the BPDP. The BPDP will be used by the parties to assure that any future changes in the use of
the Property will be consistent with the terms of this Conservation Easement. However, the BPDP
is not intended to preclude the use of other evidence to establish the present condition of the
Property if there is a controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the
aforesaid purposes.
[Remainder of page left intentionally blank; signatures follow.
3628119v2.JBB.26275.T29798 9
Page 10 of 17
IN TESTIMONY WHEREOF, Grantor has hereunto set its hand and seal, the day and
year first above written.
GRANTOR:
Nancy Harris t4' aven
Thomas F. Craven
STATE OF C ,co\I
COUNTY OF (
I,1114
certify that Nancy Han -is Craven and
day and acknowledged that he or she
[SEAL]
, a Notary Public of the aforesaid County and State,
Husband Thomas F. Craven personally came before me this
signed the foregoing instrument.
WITNESS my hand and official seal, this the
17 My Comm. r .
03-04-2023 ;=c)
day of Mardi , 202.2.
NOTARY PUBLIC
My Commission Expires: /f/2
3628119v2,JBB.26275.T29798 10
Page 11 of 17
IN TESTIMONY WHEREOF, Grantor has hereunto set its hand and seal, the day and year first
above written.
GRANTOR:
[SEAL]
acie Harris Kimball,/
[SEAL]
Richard Kimball
1,5 ee. t4.. etli [ a , a Notary Public of the aforesaid County and State,
certify that Macie Harris Kimball and Husband Richard Kimball personally came before me this
day and acknowledged that he or she signed the foregoing instrument.
WITNESS my hand and official seal, this the 01 day o
1— to_. . :._
OTARY PUBLI
My Commission Expires: 10 rc I b,D:a •
3628119v2.JBB,26275129798 11
Page 12 of 17
IN TESTIMONY WHEREOF, Grantor has hereunto set its hand and seal, the day and year first
above written.
GRANTOR:
Cl�/d /417?-"\----[SEAL]
Melvin Read Harris
6me � -, sS� [SEAL]
Sandy Harris
STATE/COMMONWEALTH OF
COUNTY OF rc.n ► 1 ;,
, a Notary Public of the aforesaid County and State,
certify that Melvin Read'Harris and Wife Sandy Harris personally came before me this day and
acknowledged that he or she signed the foregoing instrument.
WITNESS my hand and official seal, this the 3 0 day of ,a,rch , 20 Z1-
1 JASON LEE COOPER
NOTARY PUBLIC
Commonwealth of Virginia
Reg #7917640
My Commission Expires 10/ 31/ZC==5~
OTAIYAPULE
My Commission Expires: icr / a i / 2G'g
3628119v2.7BB.26275.T29798 12
Page 13 of 17
THIS CONSERVATION EASEMENT AGREED AND ACCEPTED BY GRANTEE:
Restoration Systems, LLC, a North Carolina limited Liability company
By: r ,a- [SEAL]
Name:
Title:= �E.� " t� r-1 14
STATE OF NORTH CAROLINA
COUNTY OF iInP
I certify that the following person personally appeared before me this day, acknowledging
to me that signed the foregoing document as the duly authorized signatory for Restoration
Systems, LLC:
WITNESS my hand and official seal, this 2
day ofMaY3h ,202Z
NOTARY PUBLIC
My Commission Expires: 2- 1 22220
3628 119v2.J13B.26275.T29798 13
Page 14 of 17
EXHIBIT A
PROPERTY DESCRIPTION
(CONSERVATION EASEMENT AREAS AND ACCESS EASEMENT DESCRIPTION)
Conservation Easement Area 2
BEING ALL OF Conservation Easement Area 2 of the Dead Tree Site over a portion of the land
of Craven, Kimball, and Harris (PIN No 4805867153) lying and being situated in No 6
Township, Edgecombe County, North Carolina and particularly described as follows (all
distances are ground distances unless otherwise noted):
Beginning at an iron stake (Point of Beginning) labeled as Point No. 51 and being located South
62°00'13" West 2527.10 feet from an iron pipe (Point No. 500) with N.C. Grid Coordinates
N=857,401.9790, E=2,410,093.231 (NAD '83, 2011).
Thence from the Point of Beginning (Point No. 51),
South 42°35'23" East 64.17' to an iron stake;
thence South 23°21'20" East 66.57' to an iron stake;
thence South 07°18'36" East 66.55' to an iron stake;
thence South 10°50'45" West 94.57' to an iron stake;
thence South 38°25'32" West 182.27' to an iron stake;
thence South 46'48'04" East 48.82' to an iron stake;
thence North 62° 12'32" East 462.65' to an iron stake;
thence North 63°08'49" East 385.47' to an iron stake;
thence South 22°50'11" East 47.55' to an iron stake;
thence South 29°44'42" East 223.95' to an iron stake;
thence South 16°37'06" East 58.88' to an iron stake;
thence South 08°12'41" West 69.29' to an iron stake;
thence South 16°10'49" West 52.87' to an iron stake;
thence South 62°53'22" West 336.88' to an iron stake;
thence South 06°36'48" West 30.15' to an iron stake;
thence South 72°04'19" East 232.65' to an iron stake;
thence South 74°20'46" East 82.04' to an iron stake;
thence South 70°34'33" East 349.77' to an iron stake;
thence South 84°45'21" East 190.88' to an iron stake;
thence South 24°01' 12" West 280.28' to an iron stake;
thence South 27° 18'35" West 164.84' to an iron stake;
thence North 83°18'52" West 91.44' to an iron stake;
thence North 71'53'35" West 425.73' to an iron stake;
thence North 75°00'38" West 149.74' to an iron stake;
thence North 70° 17'3 8" West 191.79' to an iron stake;
thence North 66°08'14" West 177.02' to an iron stake;
thence North 72°24'04" West 246.90' to an iron stake;
thence North 88°27'44" West 291.24' to an iron stake;
thence North 75°30'47" West 93.69' to an iron stake;
thence South 38°21'42" West 703.22' to an iron stake;
thence North 78°05'35" West 239.01' to an iron stake;
3628119v2.313B.26275,T29798
Page 15 of 17
thence North 38°35'50" East 1739.30' to an iron stake;
which is the point of beginning,
having an area of 29.95 acres, more or Iess.
Conservation Easement Area 3
BEING ALL OF Conservation Easement Area 3 of the Dead Tree Site over a portion of the land
of Craven, Kimball, and Harris (PIN No 4805867153) lying and being situated in No 6
Township, Edgecombe County, North Carolina and particularly described as follows (all
distances are ground distances unless otherwise noted):
Beginning at an iron stake (Point of Beginning) labeled as Point No. 116 and being located South
17°42'22" West 1058.75 feet from an iron pipe (Point No. 500) with N.C. Grid Coordinates
N=857,401.9790, E=2,410,093.231 (NAD '83, 2011).
Thence from the Point of Beginning (Point No. 116),
South 16°02'37" West 146.31' to an iron stake;
thence South 18°21'06" West 122.69' to an iron stake;
thence South 32°38'22" West 73.14' to an iron stake;
thence South 42°49' 15" West 95.89' to an iron stake;
thence North 54°54'29" West 190.73' to an iron stake;
thence South 62°43'26" West 484.91' to an iron stake;
thence South 62°53'22" West 315.53' to an iron stake;
thence North 16°10'49" East 52.87' to an iron stake;
thence North 08°12'41" East 69.29' to an iron stake;
thence North 16°37'06" West 58.88' to an iron stake;
thence North 29°44'42" West 223.95' to an iron stake;
thence North 22°50'11" West 47.55' to an iron stake;
thence North 62°58'25" East 627.38' to an iron stake;
thence North 32°25'24" West 239.61' to an iron stake;
thence North 54°09'42" West 88.30' to an iron stake;
thence North 35° 11'01" West 80.66' to an iron stake;
thence North 08°02'57" West 86.79' to an iron stake;
thence North 12°44'31" East 88.55' to an iron stake;
thence North 28°50'03" East 186.29' to an iron stake;
thence North 34°53'30" East 89.66' to an iron stake;
thence North 42°51'47" East 54.27' to an iron stake;
thence North 64°04' 18" East 69.88' to an iron stake;
thence North 80°44'00" East 66.84' to an iron stake;
thence South 79° 17' 13" East 65.38' to an iron stake;
thence South 63°35'06" East 59.32' to an iron stake;
thence South 45°25'17" East 66.78' to an iron stake;
thence South 28°54'33" East 53.15' to an iron stake;
thence South 13°57'16" East 59.03' to an iron stake;
thence South 03°44'46" West 58.46' to an iron stake;
thence South 14°02'14" West 41.20' to an iron stake;
thence South 29°31'34" West 90.18' to an iron stake;
3628119v2JB11.26275.T29798
Page 16 of 17
thence South 33°17'00" East 122.1 P to an iron stake;
thence South 31°41'13" East 332.00' to an iron stake;
thence South 54°30'48" East 194.99' to an iron stake;
which is the point of beginning,
having an area of 18.76 acres, more or less.
BOTH OF THE FOREGOING CONSERVATION EASEMENT AREAS as shown on plat of
survey titled "Conservation Easement for Restoration Systems, LLC, over a Portion of the Lands
of Barnes per D.B. 1677, Pg. 546 (PIN: 4805-77-7202), and Also, Craven, Kimball & Harris per
D.B. 1199 Pg. 287 (PIN: 4805-86-7153), and Also, Eureka Etheridge Farms, LLC per D.B. 1592,
Pg. 804, Tracts 1, 2 & 3 (PIN(S): 4815-07-9630 & 4815-37-7393), No. 6 Township, Edgecombe
County, North Carolina" dated February 5, 2022, by K2 Design Group, and recorded in Plat
Cabinet 13, Pages 219 through 223, Edgecombe County Register of Deeds.
AND SUCH CONSERVATION EASEMENT AREAS TOGETHER WITH those certain new
non-exclusive access easements labeled as "Access Easement 2", "Access Easement 3", and
"Access Easement 4", all for ingress, egress, and regress and all as shown and more particularly
described on the foregoing described plat of survey recorded in Plat Cabinet 13, Pages 219 through
223, Edgecombe County Register of Deeds.
36281 l 9v2.1BB.26275.T29798
Page 17 of 17
EXHIBIT B
GRANTOR'S LAND DESCRIPTION OVER WHICH THE PROPERTY
(CONSERVATION EASEMENT) IS LOCATED
Lying and being situate in Edgecombe County, NC, and being more particularly described as follows:
That certain tract or parcel of land in No. 6 Township, Edgecombe County, North Carolina,
situate on the North and South side of N.C. State Road 1423, near its intersection with N.C. Highway
44, bounded on the North by Tract No. 2 of the Etheridge Division, on the East by Tracts Nos. 4 and 6
of said Division, on the South by the land of Berry Pittman, Jr., and on the West by the land of Berry
Pittman, Jr. and Tract No. 2 of said Division and being more particularly described as follows:
BEGINNING at a point in the centerline of N.C. State Road 1423, which point is South 84 deg.
35 min. East 1110.1 feet, as measured along the center line of N.C. State Road 1423, if extended from
its point of intersection with the center line of N.C. Highway 44, said beginning point also being a
southeastern corner of Tract No. 2, thence along and with the line of Tract No. 2, also a wire fence and
hedgerow North 42 deg. 55 min. East 3112.9 feet to a fence post, thence North 36 deg. 04 min. East
862.4 feet to an iron pipe in the center of a farm road, thence continuing with said fence and hedgerow
North 37 deg. 01 min. East 631.7 feet to a fence post, thence North 35 deg. 28 min. East 234.5 feet to a
15 inch poplar, thence South 68 deg. 03 min. East 822.3 feet to an iron pipe in the center of a farm
road also in the line of Tract No. 4, thence along with the center of said farm road and the line of Tract
No. 4, South 4 deg. 22 min. West 100.0 feet, South 21 deg. 30 min. West 445.0 feet, South 19 deg. 26
min. West 539.8 feet to a point in the center of another farm road, thence continuing with said farm
road South 21 deg. 18 min. West 703.9 feet, South 20 deg. 10 min. West 597.6 feet, South 32 deg. 02
min. West 100.0 feet, South 49 deg. 34 min. West 224.3 feet, South 28 deg. 21 min. West 1040.9 feet,
South 34 deg. 26 min. West 250.0 feet, and South 23 deg. 48 min, West 613.2 feet to a point in the
center of N.C. State Road 1423, said point also being a southwestern corner of Tract No. 4 and in the
line of Tract No. 6, thence with the center of N.C. State Road 1423 and the line of Tract No. 6, North
58 deg. 36 min. West 231.5 feet, North 68 deg. 38 min. West 306.9 feet to a point in the center of said
road, a corner of Tract No. 6, thence continuing with the line of Tract No. 6, along with a wire fence
South 10 deg. 46 min. West 2212.5 feet to a fence post in the line of Berry Pittman, Jr., also another
wire fence, thence along and with the line of Berry Pittman, Jr. and said other wire fence, North 84
deg. 45 ruin. West 1525.9 feet to a fence corner, the property line being along the wire fence, thence
continuing with the line of Berry Pittman, Jr., and with a wire fence and hedgerow along a farm road
North 9 deg. 16 min. East 1051.6 feet, North 9 deg. 36 main. East 700.0 feet, and North 10 deg. 33 min.
East 874.3 feet to a point in the center of N.C. State Road 1423, said wire fence and hedgerow being
the property line, thence North 84 deg. 35 min. West 18.0 feet to the point in the center of N.C. State
Road 1423 at the beginning and being Tract No. 3 of the Etheridge Division, containing 241.84 acres
including land within the right of way of N.C. State Road 1423 and being shown on map entitled "Plat
Division of the `Eureka Farm' belonging to Heirs of Claude Etheridge, No. 6 Township, Edgecombe
County, N.C., Scale 1" = 660', December 8, 1979", made by Cyril C. Waters, Registered Surveyor,
Roanoke Rapids, N.C., to which map reference is hereby made.
TOGETHER WITH the right of ingress and egress over the farm roads or paths abutting said
Tract No. 3 as shown on said map of the "Eureka Faun" belonging to heirs of Claude Etheridge.
3628 a 19v2.JBB.26275.T29798