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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