20120144 Ver 2_More Info Received_20150312

WILDLANDS
ENGINEERING
March 12, 2015
Ms. Katie Merritt
Division of Water Resources
401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 -1650
Re: Bank Sponsor Name Change Request
Dear Ms. Merritt,
I am writing to request that the existing WEI Neuse 01 UMBI (DWR #12 -0144) and the Buck
Swamp BPDP be updated to reflect Wildlands Holdings II, LLC as the Bank Sponsor instead of WEI -Buck
Swamp, LLC. This request is being made to correspond with the Corporation's name change that was
approved by the Secretary of State's office on March 9, 2015 (see attached). I have also attached a copy
of the revised UMBI.
Wildlands Holdings II, LLC continues to be wholly owned by Wildlands Engineering and its
purpose is mitigation banking. We respectfully request that you make this change. If you have any
questions or concerns, please do not hesitate to contact me.
Sincerely,
Shawn D. Wilkerson, President
Wildlands Engmeenng, Inc • phone 704 - 332 -7754 • fax 704 - 332 -3306 • 1430 S Mint Street, # 104 • Charlotte, NC 28203

North Carolina Secretary of State
Account Loom
http / /www secretary state nc us /corporations /corp aspx ?Pitemid = 10097229
North Carolina
Elaine F Marshall DEPARTMENT OF THE
Secretary SECRETARY OF STATE
PO Box 29622 Raleigh, NC 27626 -0622 (919 )807 -2000
Date- 3/11/2015
Click here to
View Document Filings I File an Annual Report I
J Print a Pre - populated Annual Report Fillable PDF Form I Amend A Previous Annual Report I
Corporation Names
Name Name Type
NC WILDLANDS HOLDINGS II, LLC LEGAL
NC WEI -BUCK SWAMP, LLC PREV LEGAL
imited Liability Company Information
SOSID:
1283094
Status:
Current - Active
Effective Date:
10/16/2012
Citizenship:
DOMESTIC
State of Inc.:
NC
Duration:
PERPETUAL
Annual Report Status:
CURRENT
eglstered Agent
Agent Name: WILKERSON, SHAWN D
Office Address: 1430 S MINT ST SUITE 104
CHARLOTTE NC 28203
Mailing Address: 1430 S MINT ST SUITE 104
CHARLOTTE NC 28203
lPrincipal Office
Office Address: 1430 S MINT ST SUITE 104
CHARLOTTE NC 28203
Mailing Address: 1430 S MINT ST SUITE 104
CHARLOTTE NC 28203
cers /Company Officials
Title: MANAGER
Name: SHAWN D WILKERSON
Business Address: 1430 S MINT ST SUITE 104
CHARLOTTE NC 28203
This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system Version
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1 of 1 3/11/2015 1 19 PM

AGREEMENT TO ESTABLISH AN UMBRELLA MITIGATION BANKING
INSTRUMENT IN THE NEUSE RIVER BASIN FOR RIPARIAN BUFFER AND
NUTRIENT OFFSET MITIGATION CREDITS PURSUANT TO THE NEUSE
NUTRIENT STRATEGY
1 =91AW OV1:3p0
This Umbrella Mitigation Banking Instrument ( "Instrument ") regarding the establishment, use,
operation, and maintenance of mitigation bank parcels ( "Bank Parcels ") under an Umbrella
Bank ( "Bank ") to provide Neuse Riparian Buffer mitigation credit ( "Riparian Buffer Credits ")
and Neuse Nutrient Strategy mitigation credit ( "Nutrient Offset Credits ") is made and entered
into by and among Wildlands Holdings II, LLC, acting as the Bank Sponsor ( "Sponsor "), and
the North Carolina Department of Environment and Natural Resources — Division of Water
Resources ( "DWR "). This Instrument is in accordance with 15A NCAC 02B .0242 and 15A
NCAC 02B.0240.
The purpose of the Bank is.
A. To improve water quality through the restoration of riparian buffer habitat, and/or the
installation of new stormwater best management practices ( "BMP "), and /or the renovation
of existing stormwater BMPs.
B. To provide mitigation and sell any resulting Riparian Buffer Credits and/or Nutrient Offset
Credits to third parties for development (both existing and proposed) requiring such
mitigation.
IL GEOGRAPHIC SERVICE AREA
A. The Geographic Service Area ( "GSA ") is the designated area wherein a Bank can
reasonably be expected to sell Riparian Buffer Credits and/or Nutrient Offset Credits for
impacts due to development activities.
B The GSA for this Instrument is limited to Bank Parcels located, within the Neuse River
Basin in the State of North Carolina, United States Geological Survey ( "USGS ") 8 -digit
Hydrologic Unit Code ( "HUC ") 03020201 in the Neuse River Basin with the exception of
the Falls Lake drainage area.
C. Sale or transfer of credit shall be limited to the 8 -digit HUC in which the Bank Parcel is
located.
III. AUTHORITIES
A. The Bank will be used to provide Riparian Buffer Credit and Nutrient Offset Credit in
accordance with the requirements in the DWR Authority document referenced herein as
"Attachment A" and attached to this Instrument.

B. Projects eligible for utilization of the credits are those requiring authorization under the
requirements of Attachment A
C. All activities shall be consistent with approved North Carolina ( "State ") statutes and rules
for the Neuse River Basin Nutrient Sensitive Waters Management Strategy and for the
Neuse Nutrient Strategy.
IV. ESTABLISHMENT OF BANK PARCEL(S)
A. Each parcel proposed for inclusion within the Bank under this Instrument shall require a
Bank Parcel Development Package (`BPDP ") be submitted to, and approved by, the DWR
prior to use of the parcel for mitigation purposes or sale or transfer of any associated credits.
B Bank Parcel(s) may be added to the Bank at any time upon approval of a BPDP by the
DWR.
V. BANK PARCEL DEVELOPMENT PACKAGE
A. Each BPDP shall include detailed information consistent with the sections below
concerning. 1) site location (8 -digit HUC is required), 2) existing conditions; 3) proposed
buffer restoration, nutrient offset and/or stormwater BMP activities, 4) monitoring and
maintenance plans, 5) financial assurances, and 6) associated buffer mitigation/nutrient
credit calculations, which shall include credit generation, service area, and accounting as
appropriate for each regulatory authority.
B In addition to items 1 -6 listed in "A" of this section, for each Bank Parcel, the Sponsor
agrees to transfer or assign the conservation easement and its interests in perpetuity to a
qualified holder under N.C. General Statute ( "G.S. ") 121 -34 et seq. and 170(h) of the
Internal Revenue Code The holder shall be a land trust or stewardship program that will
hold and enforce the conservation easement and the interests. The Sponsor shall choose a
land trust or stewardship program that is accredited by the Land Trust Accreditation
Commission and/or has been approved by DWR prior to the end of the fourth year
monitoring period. A land trust must be certified under 501(c) (3) of the Internal Revenue
Code and must have the qualifications outlined in G.S 105- 130.24 and G.S. 105- 151.12.
Permitting
C. The Sponsor will obtain all applicable federal, state, and local documentation, permits, or
authorizations needed to construct and maintain the Bank Parcel. This Instrument does not
qualify as, or substitute for, such documentation, permit or authorization
Construction
D. The placement of BMPs constructed or renovated to produce Nutrient Offset Credit must
be approved by DWR prior to construction or renovation
2

E. The Sponsor agrees to perform all necessary work, in accordance with the provisions of
this Instrument, to establish, maintain, and monitor Neuse River Riparian Buffers or other
riparian areas or to install and/or renovate stormwater BMPs until Item B (1) and (2) of
Section IX have been satisfied.
F. As -Built Reports: The Sponsor will submit an as -built plan and report for each Bank Parcel
within 30 calendar days after completing the establishment of the buffer area, nutrient
offset area and/or construction or renovation of the stormwater BMP(s). The as -built report
will describe any deviation from the approved BPDP and will document the following:
Buffer restoration: planting details, invasive species control, monitoring device
locations, vegetation plot locations, photo point locations, surface and groundwater
elevations, as appropriate.
2. Stormwater BMPs: outlet structure information, surface area/volume computations,
hydrograph routing information, planting details, monitoring device locations,
photo point locations as appropriate
3. Boundary Survey of the conservation easement area including an enumeration of
the final mitigation area for buffer and/or nutrient offset mitigation credits in both
square feet and acres.
Operation and Maintenance
G. The Sponsor will provide the DWR with the necessary operation and maintenance
agreements for the newly constructed or renovated stormwater BMPs. These agreements
shall be consistent with the standards adopted by the DWR and must be approved by the
DWR prior to the release of any credits.
H. The Sponsor agrees to perform all necessary work to operate and maintain the Bank
Parcel(s) consistent with the operation and maintenance criteria established in each
approved BPDP until Item B (1) and (2) of Section IX have been satisfied.
I. Requests for deviation from the approved BPDP must be submitted to the DWR in writing.
Written approval from the DWR must be received prior to implementing any deviation
from the approved BPDP
Monitoring
J. The Sponsor shall monitor each Bank Parcel as described in the BPDP until such time as
DWR determines that the success criteria described below have been met The monitoring
period shall be a minimum of five years.
K. Vegetative Success Criteria: Reporting criteria of the riparian buffer restoration shall be
based on the Carolina Vegetation Survey ( "CVS ") - EEP Protocol for Recording

Vegetation Level 1 -2 Plot Sampling Only Version 4.0 or any updated versions of this
protocol in place at the date of acceptance of the BPDP. "Character Trees" are defined as
planted or volunteer species identified from a survey of local vegetation on less degraded
sections of the specified stream and from reference literature that details native species. A
list of Character Tree species for each Bank Parcel will be detailed in the BPDP. Vegetative
Success Criteria should be based upon guidelines set forth in the Guidelines for Riparian
Buffer Restoration prepared by the North Carolina Ecosystem Enhancement Program (or
subsequent updated versions of this Guidance in place at the date of acceptance of a
BPDP). Success will be defined as the survival of an average density of 320 planted trees
per acre after five years. If vegetative success criteria are not met, supplemental plantings
may be required. Supplemental plantings will be utilized until the required densities have
been achieved and maintained for five years.
L. Monitoring Reports for Riparian Buffer Credit or Nutrient Offset Credit (excluding
Stormwater BMPs): The Sponsor shall submit to the DWR an annual monitoring report
no later than December 31 of each year for a minimum of five years after the first full
growing season. This report will describe the conditions of each Bank Parcel, including
an evaluation of the success criteria contained within the approved BPDP Reports shall
contain the following-
1. A U.S. Geological Survey map showing location of the Bank Parcel(s);
2. A detailed narrative summarizing the condition of the Bank Parcel(s) and all regular
maintenance activities; and
3. Appropriate topographic survey showing location of sampling plots, permanent
photo points, location of transects, etc., and
4. Monitoring data, including specific vegetative counts and photographs; and
5. A copy of the most recent Bank credit/debit ledgers
M. Monitoring Reports for Nutrient Offset Credit — Stormwater BMPs: The Sponsor shall
submit to the DWR an annual monitoring report no later than December 31 of each year
for a minimum of five years after the initial installation/renovation of the stormwater BMP.
This annual monitoring report shall describe the conditions of each Bank Parcel,
4

including an evaluation of the success criteria contained within the approved BPDP Reports
shall contain the following
1 A U.S. Geological Survey map showing location of the Bank Parcel(s), and
2 A detailed narrative summarizing the condition of the Bank Parcel(s) and all regular
maintenance activities; and
3. A copy of the most recent Bank credit/debit ledgers; and
4. Photographs of current conditions of the BMPs as well as photos showing any
maintenance that has been performed on the BMPs including the corresponding
dates.
N Stormwater BMP Success Criteria. The success of a stormwater BMP will be based upon
the type of BMP and its associated design criteria contained within the approved BPDP.
For purposes of this agreement, the design criteria shown in the North Carolina Division
of Water Quality Stormwater Best Management Practices Manual dated October 2007, or
any updated versions of this manual, and compliance with the approved operation and
maintenance agreements contained within the approved BPDP shall be the basis for
judging the success of a specific device.
Contingency Plans /Remedial Actions
O. In the event the Bank Parcel fails to achieve the success criteria described in this Instrument
and the approved BPDP, the Bank Sponsor shall develop necessary contingency plans in
coordination with the DWR and implement appropriate remedial actions for the Bank
Parcel and the Bank. Depending on the degree of remedial actions required, the DWR may
modify the monitoring period.
Financial Assurances
P. Following approval of the BPDP, the Sponsor shall provide a Performance Bond from a
surety company that is rated no less than an "A -" as rated by A.M. Best. The Performance
Bond amount shall be 100% of the estimated cost for implementation of the buffer
restoration and/or stormwater BMP project as described in the approved BPDP, but not
less than $150,000.00
Q Alternatively, in lieu of posting the Performance Bond, the Sponsor may elect to construct
the project prior to the first credit release.
R. After completion of the restoration/construction, a separate Performance /Maintenance
Bond will be secured for 100% of the estimated cost to implement the monitoring and
maintenance plan but not less than $100,000 00. The Performance/Maintenance Bond shall
be in effect for a minimum of five years, and until DWR has released all mitigation credits

to the Bank Sponsor Upon DWR approval, this may be lowered each year based on the
adjusted cost to complete the monitoring
VI. CALCULATION OF MITIGATION CREDITS AND CREDIT RELEASE
SCHEDULE
A Riparian Buffer Credit may be achieved through mitigation of the DWR riparian buffer, as
defined in 15A NCAC 02B 0233 and per 15A NCAC 02B .0242.
B Nutrient Offset Credit may be achieved through restoration of the riparian area adjacent to
surface water features Surface water features do not have to be intermittent or perennial,
nor do they have to be depicted on a USGS, NRCS, or EMC approved map. The width of
the restoration area begins at the most landward limit of the top of bank or the rooted
herbaceous vegetation and extends landward a maximum distance of 200 feet on all sides
of the surface water.
C. The mitigation accomplished in the DWR riparian buffer, as defined in 15A NCAC 02B
.0233 and per 15A NCAC 02B .0242 , may be used for either Riparian Buffer Credit or
Nutrient Offset Credit, but not both.
D Riparian Buffer Credit is defined as one (1) buffer credit per one square foot or 43,560
buffer credits per one acre
E Nutrient Abatement of Restored Riparian Buffer- The Sponsor and DWR agree-
The pounds of nitrogen offset per acre of restored riparian buffer shall be two
thousand two hundred and seventy three pounds per acre (2,273 lbs /acre) or the
amount of nitrogen offset per acre pursuant to rule or statute at the time the BPDP
is approved.
F. The Sponsor and DWR agree that the amount of Nutrient Offset Credit per acre shall be
fixed as part of the approval of each BPDP, with the fixed amount not changing during the
development or credit release schedule for each Bank Parcel.
G. Nutrient Offset Credit of Installed/Renovated Stormwater Best Management Practices The
Sponsor and DWR agree that the pounds of nitrogen and/or phosphorus available for credit
release from newly renovated or constructed stormwater BMPs shall be based upon the
design calculations /nutrient export calculations submitted to and approved by the DWR as
part of the BPDP.
This space left blank intentionally, do not add text to this space
on

H. Credit Release: Upon submittal of all appropriate documentation by the Sponsor, and
subsequent approval by DWR, It is agreed that the mitigation credits associated with the
Bank Parcel will become available for sale to a third party in accordance with the following
schedules.
Table I - Credit Release Schedule for Riparian Buffer and Nutrient Offset Credits (excluding
Stormwater BMPs
Task
Project Milestone
% Credit
Available for
Sale
1
BPDP Approved by DWR, Conservation Easement Recorded* and Financial
I Assurance Posted
20
2
Mitigation Site Earthwork, Planting and Installation of Monitoring Devices
Completed
20
3
Monitonng Financial Assurance Posted and Approval of As -Built Report
10
4
Monitoring Report #1 Approved by the DWR **
10
5
Monitoring Report #2 Approved by the DWR **
10
6
Monitoring Report #3 Approved by the DWR **
10
7
Item B (1) of Section IX in this Instrument has been completed and approved by
DWR
5
No remaining credits well be released until Task 7 has been satisfied
8
Monitoring Report #4 Approved by the DWR **
5
9
Monitoring Report #5 Approved by the DWR ** and final site visit by DWR has
been conducted
10
Total
100%
* For specification, please see Item E of Section VIII in this Instrument
** DWR Approval provided upon a determination that the site is meeting success critena contained within the
approved BPDP
Table 2 - Credit Release Schedule for Nutrient Offset Credits — Stormwater BMPs
Task
Project Milestone
% Credit
Available for
Sale
1
BPDP Approved by DWR, Bank Closure Agreement, Conservation Easement
Recorded and Financial Assurance Posted, and Operation and Maintenance
I Agreement Approved by DWR
20*
2
Installation / Renovation of Stormwater BMP in accordance with approved design
plans completed
20
3
Approval of As -Built Package
10
4
Monitoring Report #1 Approved by the DWR*
10
5
Monitoring Report #2 Approved by the DWR*
10
6
Monitoring Report #3 Approved by the DWR*
10
7
Item B (1) of Section IX in this Instrument has been completed and approved by
DWR
5
No remaining credits will be released until Task 7 has been satisfied
8
Monitoring Report #4 Approved by the DWR*
5
9
Monitoring Report #5 Approved by the DWR* and final site visit by DWR has
been conducted
10
Total
100%
* For specification, please see Item E of Section VIII in this Instrument
** DWR Approval provided upon a determination that the site is meeting success criteria contained within
the approved BPDP
7

DWR may modify the credit release schedule based on the information submitted or the
order in which required information is received. DWR will notify the Sponsor of any
modification to the credit release schedule.
VII. PROCEDURE FOR DEBITING AND CREDITING
A. Available mitigation credits (credits that have been released by DWR but not sold by the
Sponsor) that are generated within the DWR riparian buffer, as defined by 15A NCAC 02B
.0233 and per 15A NCAC 02B .0242, can be converted and transferred from Riparian
Buffer Credits to Nutrient Offset Credits and from Nutrient Offset Credits to Riparian
Buffer Credits. Available Nutrient Offset Credits that are generated outside of the DWR
riparian buffer cannot be converted or transferred to Riparian Buffer Credits.
B. The Bank Sponsor shall maintain three credit ledgers, if applicable, for each Bank Parcel
under this Instrument: one accounting for buffer mitigation credits in square feet, one
accounting for nitrogen offset credits in pounds, and one accounting for phosphorus offset
credits in pounds.
C Each credit ledger shall be submitted on a separate 8 'Yin X l Iin spreadsheet with legible
font style and font size. At a minimum and unless otherwise requested by DWR, credit
ledgers shall contain the following information:
1. Bank Details listed in a header: (1) name of the approved banking instrument as it
appears on the instrument document, (2) sponsor name, (3) bank parcel name as it
appears on the BPDP, (4) DWR project number for the BPDP, (5) date the ledger
was last updated, 6) total credits released to date.
Credit Details Table with the following for each credit sale: (1) date of credit sale,
(2) purchaser name, (3) project name and corresponding HUC, (4) name of local
government requiring Nutrient Offset Credits or Riparian Buffer Credits for this
project, (4) credits released by DWR to the Bank listed in pounds for Nutrient
Offset Credits and in square feet for Riparian Buffer Credits, (5) credits
debited/sold from bank listed in pounds for Nutrient Offset Credits and in square
feet for Riparian Buffer Credits, (6) available credits listed in pounds and acres for
Nutrient Offset Credits and in square feet and acres for Riparian Buffer Credits.
D. All credit and debit transactions for each Bank Parcel under this Instrument shall be
accurately depicted in the credit ledgers. DWR shall be notified of each credit sale or credit
transfer within thirty (30) calendar days by electronically submitting an updated credit
ledger to DWR At a minimum, DWR shall receive a hard copy of updated credit ledgers
twice a year Notification of all credit sales shall be provided to DWR until all credits that
have been released have been sold.
E All credit sales will include a Mitigation Credit Receipt ( "Receipt ") that will include, at a
minimum, the following information:

1. Bank Details: (1) sponsor Name, (2) name of the approved banking instrument as
it appears on the instrument document, (3) bank parcel name as it appears on the
BPDP, (4) DWR project number for the BPDP.
2 Credit Details: (1) date of receipt, (2) identify if full or partial payment, (3 — when
applicable) amount of nitrogen credits purchased in pounds and confirmation from
the local government of the amount required, (4 — when applicable) amount of
phosphorous credits purchased in pounds and confirmation from the local
government of the amount required, and (5 — when applicable) amount of Riparian
Buffer Credits purchased in square feet and the confirmation from DWR or the
local government of the amount required.
3. Project Details. (1) project name as it appears on DWR or local government
permits and/or certifications, (2) 8 -digit HUC (or the sub - watershed if for the
Jordan Lake Nutrient Strategy), (3) river basin, (4) nutrient strategy applicable to
the project, (5 — when applicable) local government requiring Nutrient Offset
Credits or Riparian Buffer Credits for this project.
F. If the DWR determines that the Bank is operating at a deficit (e.g. the Sponsor is closing
on sales and/or transferring credit that is not available), the sale /transfer of credits will
immediately cease, and the DWR, in consultation with the Sponsor, will determine what
remedial actions are necessary.
VIII. PROPERTY DISPOSITION AND LONG -TERM MANAGEMENT
A. Prior to the release of any credits, the Sponsor shall acquire a permanent conservation
easement(s) for the Bank Parcel(s) at the County Register of Deed's office that is sufficient
to ensure protection, operation and maintenance of restored riparian buffers, other riparian
areas, and /or stormwater BMPs for the duration specified in the approved BPDP.
B. The form of the conservation easement shall be consistent with the standards employed by
the State of North Carolina in the protection of restored riparian buffers and riparian areas
as well as any stormwater BMPs and shall be approved by the DWR prior to the release of
any credits.
C. The Sponsor shall not grant additional easements, right of ways, or any other property
interest in or to the project areas without prior approval from the DWR.
D. The Sponsor shall transfer or assign the Bank Parcel's conservation easement and all of its
interests to a land trust or stewardship fund as described in Item B of Section V in this
Instrument The land trust or stewardship will hold and enforce the conservation easement
in perpetuity.
E. In the event that the Sponsor is also the owner of the underlying fee interest in the property,
the conveyance of the conservation easement to a land trust or stewardship fund must be
arranged at the outset of the approved BPDP.
9

IX. BANK PARCEL CLOSURE
A. Bank Parcel Closure shall be identified as the event when the Sponsor is relieved of all of
its responsibilities to the Bank Parcel and there are no mitigation credits left to sell.
B Bank Parcel Closure shall commence only after all of the following events have occurred:
1 Transfer or assign the conservation easement and all of its interests, in perpetuity,
to a land trust or stewardship program as described in Item B of Section V of this
instrument
2. All five years of monitoring completed and all monitoring reports submitted and
approved by DWR
3. All credits have been released and debited and updated ledgers showing a zero
credit balance have been submitted and approved by DWR.
X. GENERAL PROVISIONS
A Upon the presentation of proper credentials, and during normal business hours, the Sponsor
and the landowner shall grant penmssion to the Director, an authorized representative of
the Director, or DENR staff, to enter the property containing the Bank Parcel(s).
B. Amendments This Banking Instrument may be amended or modified only with written
approval of all signatory parties
C. Any transfer of the Sponsor's rights or obligations outlined in this Instrument or any other
agreement referenced in this Instrument to a third party must be approved by DWR prior
to the transfer.
D. Force Majeure• After the sale of all available credits, the Sponsor will not be responsible
for Bank failure that is attributed to natural catastrophes including but not lumted to flood,
drought, disease, regional pest infestation, etc. that are beyond the control of the Sponsor.
E However, if an event occurs before DWR has released all of the credits, the Sponsor shall
take remedial action to restore the property to its condition prior to the event, in a manner
sufficient to provide adequate mitigation to cover credits that were sold prior to the
occurrence of the event. Such remedial action shall be taken by the Sponsor only to the
extent necessary and appropriate, as determined by DWR and the Sponsor.
DWR must concur in writing that a force majeure event has occurred for this provision to
apply
F. Oversight: Actions taken by DWR may include, but are not limited to, the following:
1. Site visits.
10

2. BPDP review and approval of items listed in Items A and B of Section V of this
instrument.
3 Monitoring Report review and approval of items listed in Items L and M of Section
V of this instrument
4. As -Built Report review and approval of items listed in Item F of Section V of this
instrument.
5 Credit Ledger review and approval of items listed in Item C and D of Section VII
of this instrument.
6. Mitigation Credit Receipt review of items listed in Item E of Section VII of this
instrument and cross analysis to credit ledgers.
7 Information requests, file reviews and audits
Reports, ledgers, files and other information shall be made available to DWR upon request,
unless otherwise specified in this or any other document.
G. Validity of the Banking Instrument• This Instrument will become valid on the date of the
last party's signature.
H. Specific Language of Banking Instrument Shall Be Controlling: To the extent that specific
language in this document changes, modifies, or deletes terms and conditions contained in
those documents that are incorporated into the Instrument by reference, and that are not
legally binding, the specific language within the Instrument shall be controlling
I Any disputes over decisions regarding this Instrument, shall be referred to the Director of
DWR for a decision. The Director's decision is subject to review as provided in Articles
3 and 4 of G S. 150B.
This Agreement shall be binding upon the parties and is entered into knowingly,
intelligently, and voluntarily
K. Notices: All notices and other communications which may be or are required to be given
or made by any party to the other shall be in writing and shall be deemed to have been
properly given and received on the date delivered in person or deposited in the United
States mail, registered or certified, return receipt requested, to the addresses set out below,
or at such other addresses as specified by written notice delivered in accordance herewith.
If to Wildlands Holdings II, LLC 1430 S. Mint Street Suite 104
Charlotte, NC 28203
Attn: Shawn Wilkerson
Copy to- 5605 Chapel Hill Road, Suite 122
Raleigh, NC 27607
Attn- John Hutton
If to DWR. NC Division of Water Resources — Wetlands Branch
Attn: Nutrient Offset Program Coordinator
1617 Mail Service Center
Raleigh, NC 27699 -1617
11

L. Applicable Law. T_ his Agreement shall be, construed under the laws of the °State of Noi th
Caiolina.
WILDLANDS HOLDINGS II, LLC
By: -,j o �,,� a-yl (Print)
(Signature)
Date:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NAT_ URAL, RESOURCES
DIVISION OF WATER,RESOURCES
By: (Print)
Title:
Date-
12
(Signature)

ATTACHMENT "A"
All Basins
General Statutes:
G.S. §143-214.1 Water, water quality standards and classifications, duties of Commission
G.S. § 143 -214.7 Stormwater runoff rules and programs
G.S. § §143- 214.20 -24 Riparian Buffer Protection Program
G.S. §143- 215.3(a)(1) General powers of Commission and Department, auxiliary powers
G.S. §143- 215.6A Enforcement Procedures: Civil Penalties
G.S. §143- 215.6B Enforcement Procedures. Criminal Penalties
G.S. §143 -215 6C Enforcement Procedures- Injunctive Relief
G.S. § 143 - 215.813 Basiwide Water Quality Management Plans
G.S. §143B-282 Environmental Management Commission — creation; powers and duties
I
Session Laws
i
S.L. 2011 -343 (Amendmentito G.S §143- 214.11)
S.L 2009- 337 (AmendmentZ G S §143- 214.11)
Administrative Rules.
15A NCAC 02B .0202 Definitions
15A NCAC 02B .0223 Nutrient Sensitive Waters
15A NCAC 02B 0237 Best Management Practice Cost - Effectiveness Rate
15A NCAC 02B 0240 Nutrient Offset Payments
15A NCAC 02B 0269 Riparian Buffer Mitigation Fees to the NC Ecosystem Enhancement
Program
15A NCAC 02B 0274 Nutrient Offset Payment Rates for the NC Ecosystem Enhancement
Program
Neuse River Basin Buffer and Neuse Nutrient Strategy
Session Laws
S.L. 1998 -221 (Part I)
S.L 1995 -572
Administrative Rules:
15A NCAC 02B .0232 Basin Nutrient Reduction Goal
15A NCAC 02B .0233 Protection and Maintenance of Existing Riparian Buffers
15A NCAC 02B .0234 NPDES Wastewater Discharge Requirements
15A NCAC 02B 0235 Basmwide Stormwater Requirements
15A NCAC 02B 0236 Agricultural Nitrogen Loading Reduction
15A NCAC 02B .0238 Agricultural Nitrogen Reduction Strategy
15A NCAC 02B 0239 Nutrient Management
15A NCAC 02B .0241 Delegation of Authority for the Protection and Maintenance of Existing
Riparian Buffers
15A NCAC 02B 0242 Mitigation Program for Protection and Maintenance of Riparian Buffers
13