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HomeMy WebLinkAbout20120144 Ver 1_AsBuilt Report with Appendices _20150505�(Do-DW4 TRANSMITTAL 312 W Millbrook Rd Suite 225 Raleigh, NC 27609 919- 851 -9986 www.wildlandseng.com ro FROM Katie Merritt Jason Lorch COMPANY NCDWR 2012 -0144 ADDRFSS 512 N Salisbury St Raleigh, NC 27604 PROJECT NUMBER Archdale Building — 9`' floor RE DATE Buck Swamp As -Built Report 5 -05 -2015 VIA ❑ OVE_RNIGHT ❑ REGULAR tidAIL TNF F(1T.T.()WTNr TTFMS ARF RFTNr'rRANSMTTTF.T) ❑ PICK -UP ❑ HAND DELIVERY COPIES DATE I DESCRIPTION 1 5 -05 -15 Buck Swam As -Built & Baseline Monitoring Report 1 5 -05 -15 CD with digital file of report NOTES Final Submittal SIGNED COPIES TO AS -BUILT & BASELINE MONITORING REPORT Buck Swamp Parcel Wildlands Holdings II, LLC's Neuse 01 Riparian Buffer & Nutrient Mitigation Bank AS -BUILT & BASELINE MONITORING REPORT Buck Swamp Parcel Wildlands Holdings II, LLC's Neuse 01 Riparian Buffer & Nutrient Mitigation Bank TABLE OF CONTENTS 1.0 Introduction ................................................................................................. ............................... 3 2.0 Parcel Location & Background ...................................................................... ..............................3 2.1 Location and Setting ................................................................................. ..............................3 2.2 Parcel Background .................................................................................... ..............................3 2.3 Parcel Objectives ...................................................................................... ..............................4 3.0 Restoration Activities ................................................................................... ..............................4 4.0 Mitigation Potential and Deviations from BPDP .......................................... ..............................4 5.0 Monitoring Protocol & Success Criteria ....................................................... ..............................5 6.0 Financial Assurance & Long Term Management .......................................... ..............................6 6.1 Financial Assurance .................................................................................. ..............................6 6.2 Parcel Maintenance .................................................................................. ..............................6 7.0 References .................................................................................................... ..............................6 APPENDICES Appendix A: General Figures and Tables Figure 1 Parcel Location Figure 2 Service Area Figure 3(a) BPDP Components and Mitigation Assets Figure 3(b) As -Built Components and Mitigation Assets Figure 4 As -Built Survey Table 1 Project Components and Mitigation Credits Table 2 Project Activity and Reporting History Table 3 Project Contact Table Table 4 Project Information and Attributes Table 5 Adjacent Forested Areas Existing Tree and Shrub Species Table 6 Planted Tree Species Appendix B: Baseline Vegetation Plot Data Table 7 Planted and Total Stem Counts Vegetation Plot Photographs Appendix C: NCDWR Stream Determination On -Site Surface Water Determination Letter and Map DWR Memo to EEP dated August 9, 2013 from Tom Reeder Letter from Wildlands to DWR dated July 3, 2014 Letter from Karen Higgins (DWR) to Wildlands July 3, 2014 Appendix D: Conservation Easement Appendix E: Financial Assurances WBuck Swamp Parcel Page 1 As -Built & Monitoring Report —April 2015 Appendix F: Overview Photos WBuck Swamp Parcel Page 2 As -Built & Monitoring Report —April 2015 AS -BUILT & BASELINE MONITORING REPORT Buck Swamp Parcel Wildlands Holdings II, LLC's Neuse 01 Riparian Buffer & Nutrient Mitigation Bank The Buck Swamp Parcel (Site) is a part of the Wildlands Holdings II, LLC's (Wildlands) Neuse 01 Riparian Buffer and Nutrient Umbrella Mitigation Bank (Bank). The Umbrella Mitigation Banking Instrument (UMBI) for the Bank was signed on July 3, 2012 and updated on June 10, 2014. The Bank Sponsor changed their name with the North Carolina Secretary of State March 9, 2015 from WEI -Buck Swamp, LLC to Wildlands Holdings II, LLC. This change was approved by the North Carolina Division of Water Resources (NCDWR) on April 2, 2015. The UMBI was also updated on April 2, 2015 to show the Bank Sponsor name change. The project parcel was planned, designed, and constructed encompassing land along Buck Swamp and it's tributaries in Wayne County, NC (Figure 1). The purpose of the Bank is to provide riparian buffer and nutrient offset mitigation credits to compensate for buffer impacts according to 15A NCAC 02B .0295 and development requiring nutrient offset payments according to 15A NCAC 02B .0240 within the Hydrologic Unit Code 03020201 (with the exception of the Falls Lake drainage area). The service area is depicted in Figure 2. The mitigation credits generated from this site are listed in Table 1. 1.0 Introduction The Site involved the restoration of riparian buffers and nutrient offset riparian areas in order to help reduce non -point source discharge of contaminants into streams and agricultural ditch channels within the Neuse River Basin. The project area is approximately 47.08 acres and is protected with a permanent conservation easement. The Site is located in a rural watershed within the Neuse River Basin (HUC 03020201) and within sub - basin 03 -04 -06 (Figure 2). Stormwater runoff from the site drains into six ditches and one unnamed tributary which all drain into Buck Swamp which drains into Mill Creek which then drains into the Little River, a major tributary to the Neuse River. All receiving streams are classified as Nutrient Sensitive Waters and are each listed as Water Supply IV — Highly Developed by NCDWR. 2.0 Parcel Location & Background 2.1 Location and Setting The Site is located in western Wayne County, approximately five miles northeast of the Town of Princeton (35° 29' 38.093" N, 78° 4' 26.857" W). To get to the Site travel east on US Hwy 70 from Raleigh for approximately 45 miles, turn left onto Capps Bridge Rd and continue north approximately 3.5 miles to the intersection with Pikeville- Princeton Rd. Turn right and continue 0.7 miles east. The Site can be accessed directly from Pikeville- Princeton Rd or Old Kenly Rd (Figure 1). 2. 2 Parcel Background Prior to construction, the Site consisted primarily of open agricultural fields, used mainly for row crop production. Row crops included wheat, corn, soy bean, and tobacco. Streams, ditches, and other stormwater conveyances on the Site had little to no riparian buffer and were mowed in most locations on an annual basis. The project included restoring the Neuse buffer and riparian areas along Buck Swamp, one unnamed tributary to Buck Swamp, as well as approximately six ditches /stormwater WBuck Swamp Parcel Page 3 As -Built & Monitoring Report —April 2015 conveyances (Appendix Q. The six ditch es /stormwater conveyances were identified in the asset map NCDWR provided on July 17, 2012. Tables 2, 3, and 4 in Appendix 1 provide detailed information regarding the Project Activity and Reporting History, Project Contacts, and Project Baseline Information and Attributes. While the Site consisted of agricultural fields, there are some forested areas adjacent to the project (Figure 3). The forested area along the western portion of the project consists of Loblolly Pine (Pinus taeda). The forested areas along the eastern boundary of the project were assessed for existing vegetation conditions on August 2, 2012. This area is dominated by sweetgum (Liquidambar styraciflua), but contains loblolly pine, black willow (Salix nigra), red maple (Acer rubrum), and sycamore (Platanus occidentalis). This forested area is generally characterized as a Coastal Plain Small Stream Swamp, according to the North Carolina Natural Heritage Program (NHP) classification system (Schafale and Weakley, 1990). Table 5 includes a list of the species found in this ecosystem type and have the potential for occurrence in the eastern forested area adjacent to the project. 2.3 Parcel Objectives The main objective of the Site was to reduce nitrogen and phosphorous to Neuse River receiving waters through converting the land use from active row crop agriculture to a riparian forest. The riparian corridors will absorb nutrients, thereby preventing them from flowing into Buck Swamp and farther downstream into the Neuse River. 3.0 Restoration Activities Developing the Site for mitigation required altering current land use practices. Both the Neuse buffer and the nutrient offset restoration areas were replanted with appropriate native tree species along the project corridors. The majority of the Site had been maintained as a row crop agricultural field. These areas were relatively clear and required no site preparation. The restoration area was planted by hand and did not require any ripping of the soil. Planting was completed in late December 2014. The revegetation plan for the Site included planting of bare root trees and controlling invasive species growth. Bare root trees selected for the Site were native bottomland hardwood species typical for Coastal Plain Small Stream Swamp communities as defined by Schafale and Weakley (1990). Adjacent forested areas were also used as a reference for the Site. Trees were planted at a density of 608 trees per acre, tree species planted on the Buck Swamp Parcel are detailed in Table 6. Wildlands restored the Neuse buffers and riparian areas by planting trees from 0 -200' from top of bank along all of the streams and ditches. There are a few areas where the easement didn't go out 200' because of land owner access and farming practices. These areas are depicted on Figure 4 in Appendix A. Wildlands will manage vegetation growth by mowing in between planted trees as needed during the monitoring period. Additionally, selective applications of a pre- emergent herbicide will be used to control weedy competition, if necessary. Past project experience has indicated that use of these techniques significantly limits competition by undesirable vegetation and results in a significant increase of tree growth. 4.0 Mitigation Potential and Deviations from the Bank Parcel Development Package (BPDP) Approximately 47.08 acres of land were protected with a conservation easement. Since approval of the BPDP, Wildlands has requested and received approval to generate Neuse riparian buffer credit beyond the 50 feet maximum requirement originally provided for in the BPDP. This change was made per the WBuck Swamp Parcel Page 4 As -Built & Monitoring Report —April 2015 DWR Memo to EEP from Tom Reeder on August 9, 2013 that permits full riparian buffer credit up to 100 feet (Appendix Q. Wildlands wrote a letter to Karen Higgins of NCDENR, on July 3, 2014, requesting the conversion of 3.35 acres of existing nutrient offset credits to riparian buffer credits, per the Tom Reedy memo referenced above. Karen Higgins replied to this letter on July 3, 2014 approving Wildlands request to convert 3.35 acres of existing nutrient offset credits to riparian buffer credits. All correspondence on this issue can be found in Appendix C. In total, 3.35 acres (145,926 ft2) of riparian restoration within 51 -100' from top of bank along Buck Swamp and the UT to Buck Swamp was converted from nutrient offset credit to riparian buffer credit. Therefore, out of the 47.08 acres, 6.86 acres (298,821.6 ft2) were restored for Neuse riparian buffer credit. Wildlands may use the 6.86 acres for either Neuse riparian buffer credits or nutrient offset credits, but not both. There are three areas within the 47.08 acre conservation easement area where mitigation credit is not claimed. These three areas are currently forested so restoration credit could not be claimed. Two of these areas were included in the easement to allow connectivity from ditches to jurisdictional streams. The third area was included to connect Buck Swamp with its' riparian buffer. The first twenty feet of that area from the right top of bank is forested, beyond this the buffer is used as an agricultural field. Figure 3(b) shows these three non - credited areas along Buck Swamp. Since approval of the BPDP, Wildlands also made modifications to the conservation easement boundaries, thus removing approximately 2.42 acres from the Bank as outlined in the BPDP. The difference in easement area can be seen in Figures 3a and 3b. With this easement modification, nutrient credits being transferred to buffer credit, and not for credit areas within the easement, 38.84 acres (88,283.032 Ibs- Nitrogen) instead of 46 acres (104,558 Ibs Nitrogen) were restored for nitrogen nutrient offset credit. Also, at the time the BPDP was originally submitted, Wildlands intended to plant the site in two phases. Due to delays in obtaining the conservation easement on the property, Wildlands elected to combine the phases and plant the entire site at once. Neuse riparian buffer widths now extend 0 -100 feet instead of 0 -50 feet from the top of the stream banks. The nutrient offset riparian area widths extend 0 -200 feet from the top of the ditch banks and from 101 -200 feet along the stream banks. The Buck Swamp Parcel generated a total of 38.84 acres (88,283.32 pounds) of nitrogen nutrient offset credit and 6.86 acres (298,821.6 square feet) of Neuse riparian buffer credit. Maps detailing the modifications to the Bank compared to the BPDP are provided in Figures 3 (a) and 3(b). 5.0 Monitoring Protocol & Success Criteria Thirty eight 10 meter by 10 meter vegetation monitoring plots were installed within the buffer restoration area to measure the survival of the planted trees (Figure 3). The number of plots required was determined in accordance with the Carolina Vegetative Sampling Protocol (CVS) Levels 1 & 2. Vegetation assessments were conducted in January 2015 following the CVS Levels 1 & 2 Protocol for Recording Vegetation, Version 4.0 (Lee et al. 2006). The as -built baseline data shows a planted tree density of 608 stems per acre (Table 7). This is well above the 320 stems per acre required at the end of year five monitoring. Each year a reference photo will be taken from the southwestern corner of each plot, and all planted stems will be marked with flagging tape and recorded. Annual monitoring activities will begin in the fall of 2015 and will commence in September or October for the remainder of the monitoring period or until vegetation success criteria is met. Species composition, density, and survival rates will be evaluated on an annual basis by plot for the entire site. Wildlands shall submit to NCDWR an annual monitoring report, no later than December 31" of each year for five consecutive years and will follow the terms and conditions of the Wildlands UMBI signed on W Buck Swamp Parcel Page 5 As -Built & Monitoring Report —April 2015 April 2, 2015. Success criteria within the Neuse buffer and nutrient offset restoration areas will be based on the survival of a minimum density of 320 planted stems per acre after five years of monitoring. 6.0 Financial Assurance & Long Term Management 6.1 Financial Assurance 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 apply at the inception of the monitoring period for a term of one year, to be extended annually for a minimum of five years. Upon NCDWR approval, this may be lowered each year based on the adjusted cost to complete the monitoring. A copy of the monitoring bond will be provided in Appendix E in the final version of the As -Built and Baseline Monitoring Report. 6.2 Parcel Maintenance Adaptive measures will be developed or appropriate remedial actions will be implemented in the event that the Site or a specific component of the Site fails to achieve the success criteria. Site maintenance will be performed to correct any identified problems that have a high likelihood of affecting project success. Such items include but are not limited to excess tree mortality caused by fire, flooding, drought or insects. Any actions implemented will be designed to achieve the success criteria and will include a work schedule and updated monitoring criteria. 7.0 References Guidelines for Riparian Buffer Restoration. NC Department of Environment and Natural Resources, Ecosystem Enhancement Program. October 2004. Lee, Michael T., Peet, Robert K., Steven D., Wentworth, Thomas R. 2006. CVS -EEP Protocol for Recording Vegetation Version 4.0. Retrieved from http: / /www.nceep. net / business /monitoring /veg /datasheets.htm. Peet, R.K., T.R. Wentworth and P.S. White. 1998. A flexible, multipurpose method for recording vegetation composition and structure. Castanea 63:262 -274. http : / /cvs.bio.unc.edu /methods.htm Schafale, M.P. and Weakley, A.S. 1990. A Classification of the Natural Communities of North Carolina, Third Approximation. Wildlands Holdings II, LLC (2015). Buck Swamp Parcel Umbrella Mitigation Banking Instrument. NCDWR, Raleigh NC. http: // portal. ncdenr .org /web /wq /nutrientbufferbanks WBuck Swamp Parcel Page 6 As -Built & Monitoring Report —April 2015 APPENDIX A. General Figures and Tables -0 '1 r; �6 gP6 Oz V -All � z �y ¢a Po o° r r: iti LIIII S"lighip ,,y h( Selma Buck Swamp Parcel SuIllllll I I Fine GS _ �0 . GS 70 W��n � '�.irr ' I I f i 1 T r ..7 o - T - WWILDLANDS o 2.5 5Miles ENGINEERING I I I im a A z Fremont Pikeville t. .r lift /, Goldsboro Seymour JohnsonAir Force Base h:1ar -F:1ac I Brogden DUdlei Figure 1 Parcel Location Buck Swamp Parcel As -Built Report r HUC 03020201 Wayne County, NC my ! Rir.. I I - { _ Butner,, Creedmoor ( IF iiiII into n I to m I ✓ Youngsville C. U I" I'I a m, r A � 7 J I \ I r �J i '. i _.rlr; CIriIJ.l�b I RJ�igal AC r Lake 1 •.nir l i —26< Lu ama Black Creek / Willow i.l ant i _Fremont `N/ i !''IIfJ5701I nne r IArI a %i - Smit�iald 'el r L �'� Pikeville � / I / Raven Pock state P rk lr arc� e Buies Buck Swamp P/ -� Cree Coals- Lillington �t c HARK E Ervin Dunn �9 _ Grove Godwi w�lry setad _�� �Ul it / I Con tt¢wto n• i Pope Spring 0 liil °. Air F,,r' ANY Lake v Wade ate - { ,ayeae° y it alypso 2 Gold _"' 2 10 _ Fayetteville r A� Sted n salemburg uul llnrl ```r"'F Autryville luitn Ti- ul�i,,,,. '•:'.:n -c; Hoe Legend Buck Swamp Service Area lo _uisburg �i County Boundaries IZ 11' �s -�_9s Bunn Spring . 1{ — 1=:.���- Hope L6 /In r r Elm City F WWILDLANDS E N G I N E E R I N G 0 5 10 Miles I I I Figure z Service Area Buck Swamp Parcel As -Built Report HUC 03020201 Wayne County, NC Figure 3(a) BPDP Components and Mitigation Assets Map W1 L D LAN D S 0 200 400 Feet Buck Swamp Parcel ENGINEERING I i I HUC 03020201 Wayne County, NC X2798 ac b7 7 Conservation Easement (47.08 ac) Streams Ditches Riparian Buffer (6.86 ac/ 298,822 sq ft) Nutrient Offset Buffer (38.84 ac/ 88,283 Ibs) 0 Not For Credit (1.38 ac) Areas Removed From BPDP (3.49 ac) Veg Plots 10 0 i �I Figure 3(b) As -Built Components and Mitigation Assets Map kk� WILDLANDS 0 250 500 Feet Buck Swamp Parcel ENGINEERING I I I HUC 03020201 Wayne County, NC _[j PLAT y � I .�tdVnp� X090 ?9�C: PLAT CABINET K SLIDE 74-F MAGNETIC MERIDIAN \ Sys \ \\ �B °pgPrS y'c `\ S, s SEE INSET s20• /> S c 9254 E - _ SS 5959 15 - E 94.91' \ J L41 "olv 4,n '16° ,.E 4j -59'_ 3B S 64'442. 124.69, LAP N 82'05'53" E 5.15' -°z N 82'04'20" E 29.21' I L92 N 85'53'51" E 35.51' I s S 64'11'27" E 36.20' 28oS 42'55'31" E 45.38' j R� 828 Y2o �s5 h, j y 'O 9. F H /.6 0.041 NOT FOR e 2 o, o g 9 aq� 9f N T� m MAC P PA 4EMFN SET T ANO A f L\ / N� A p. NOTE FLOOD HAZARD A PORTION OF THE PROPERTY IS LOCATED WITHIN A 100 YEAR FLOOD HAZARD AREA. FOR FLOOD HAZARD DATA REFER TO FIRM FLOOD INSURANCE RATE MAP NORTH CAROLINA MAP NUMBER 3720366200J EFFECTIVE DATE DECEMBER 2, 2005. APPROXIMATE 100 YEAR FLOOD HAZARD AREA 2.981 ACRES± RIPARIAN BUFFER CREDIT _. 0.805 ACRE±_... S 13'0;,. 0g. E J NOT FOR CREDIT S59. 9.15. E � +\47.59. sy S59. g Cp �° Ol CH M /p,1 i6° E 29.56.°ti� &BUCK SWa�ho . • �/ <35 S 64-44 124.69, E 1 1 INSET Qo E LOCATION ' AGRICULTURAL LARRY GRPROPERTYR ET. UX DEED BOOK 1623 PAGE 829 S 4 Exoic c MID -RUN BUCK SWAMP THE LINE II _S 01'31'19" E_ 466.62' EXISTNG POND x-1.268 ACRES± \� RIPARIAN BUFFER CREDIT Z •yjo\ v FRSECT04, 0/"C" S pNE O o\ 30SEPH PR�Pf O N P OEP G 2 \O Im E5.1 pSE BOp1L 398 I@ DEED m SEE J O 7% p\ ?� mil TRACT A PAUL DELMUS BRIDGERS, ET. UX. PROPERTY DEED BOOK 1517 PAGE 283 TRACT NO. 1 DELMUS BRIDGERS FAMILY LIMITED PARTNERSHIP PLAT CABINET K SLIDE 74 -F TRACT NO. 2 DELMUS BRIDGERS FAMILY LIMITED PARTNERSHIP PLAT CABINET K SLIDE 74 -F TRACT NO. 3 DELMUS BRIDGERS FAMILY LIMITED PARTNERSHIP PLAT CABINET K SLIDE 74 -F TRACT NO. 4 DELMUS BRIDGERS FAMILY LIMITED PARTNERSHIP PLAT CABINET K SLIDE 74 -F 2 LPRRVpP P558 ?POE D BOO q09 DEEK A y 530 ACRE± lol NOT FOR CREDIT 5 03'G4 q �:••• -- 185.6 N 8522'00" 113.11' I APPROXIMATE LOCATION VOLUNTARY AGRICULTURAL I BUFFER II I JX I ERDMP E 2'IT pRD2 90 pPG BOOK GEED II I I I j N• C• PR R R�POI KENO" NOTES: RIPARIAN BUFFERS EXIST ALONG RUN OF BUCK SWAMP AND DITCHES ALONG THE BOUNDARY OF THIS PARCEL AND ARE MEASURED FROM THE EDGE OF THE BANK. A PORTION OF THE PROPERTY IS LOCATED IN A VOLUNTARY AGRICULTURAL PROPERTY BUFFER. THE PROPERTY IS LOCATED IN A WATER SUPPLY WATERSHED AREA. CUR CURVE 2 ? V S82' I }v' C N m�aam^ 15266 °E Ny N S8 U I �" as o°NQ� 53454 E ED q °mf o w ¢ S 86'.59 j3.E L9 v Q A O °O.o�� IV / \\ see q9. 106446`£ /N!r 00" r '00'o 2 Im w p0l N ACRES± °I I. NT DD 7, 1- BITCH 107.°0. '� &I a�NTERc� 35.072 ACRES± N 82'05'53" E 5.15' -°z N 82'04'20" E 29.21' I L92 N 85'53'51" E 35.51' I s S 64'11'27" E 36.20' 28oS 42'55'31" E 45.38' j R� 828 Y2o �s5 h, j y 'O 9. F H /.6 0.041 NOT FOR e 2 o, o g 9 aq� 9f N T� m MAC P PA 4EMFN SET T ANO A f L\ / N� A p. NOTE FLOOD HAZARD A PORTION OF THE PROPERTY IS LOCATED WITHIN A 100 YEAR FLOOD HAZARD AREA. FOR FLOOD HAZARD DATA REFER TO FIRM FLOOD INSURANCE RATE MAP NORTH CAROLINA MAP NUMBER 3720366200J EFFECTIVE DATE DECEMBER 2, 2005. APPROXIMATE 100 YEAR FLOOD HAZARD AREA 2.981 ACRES± RIPARIAN BUFFER CREDIT _. 0.805 ACRE±_... S 13'0;,. 0g. E J NOT FOR CREDIT S59. 9.15. E � +\47.59. sy S59. g Cp �° Ol CH M /p,1 i6° E 29.56.°ti� &BUCK SWa�ho . • �/ <35 S 64-44 124.69, E 1 1 INSET Qo E LOCATION ' AGRICULTURAL LARRY GRPROPERTYR ET. UX DEED BOOK 1623 PAGE 829 S 4 Exoic c MID -RUN BUCK SWAMP THE LINE II _S 01'31'19" E_ 466.62' EXISTNG POND x-1.268 ACRES± \� RIPARIAN BUFFER CREDIT Z •yjo\ v FRSECT04, 0/"C" S pNE O o\ 30SEPH PR�Pf O N P OEP G 2 \O Im E5.1 pSE BOp1L 398 I@ DEED m SEE J O 7% p\ ?� mil TRACT A PAUL DELMUS BRIDGERS, ET. UX. PROPERTY DEED BOOK 1517 PAGE 283 TRACT NO. 1 DELMUS BRIDGERS FAMILY LIMITED PARTNERSHIP PLAT CABINET K SLIDE 74 -F TRACT NO. 2 DELMUS BRIDGERS FAMILY LIMITED PARTNERSHIP PLAT CABINET K SLIDE 74 -F TRACT NO. 3 DELMUS BRIDGERS FAMILY LIMITED PARTNERSHIP PLAT CABINET K SLIDE 74 -F TRACT NO. 4 DELMUS BRIDGERS FAMILY LIMITED PARTNERSHIP PLAT CABINET K SLIDE 74 -F 2 LPRRVpP P558 ?POE D BOO q09 DEEK A y 530 ACRE± lol NOT FOR CREDIT 5 03'G4 q �:••• -- 185.6 N 8522'00" 113.11' I APPROXIMATE LOCATION VOLUNTARY AGRICULTURAL I BUFFER II I JX I ERDMP E 2'IT pRD2 90 pPG BOOK GEED II I I I j N• C• PR R R�POI KENO" NOTES: RIPARIAN BUFFERS EXIST ALONG RUN OF BUCK SWAMP AND DITCHES ALONG THE BOUNDARY OF THIS PARCEL AND ARE MEASURED FROM THE EDGE OF THE BANK. A PORTION OF THE PROPERTY IS LOCATED IN A VOLUNTARY AGRICULTURAL PROPERTY BUFFER. THE PROPERTY IS LOCATED IN A WATER SUPPLY WATERSHED AREA. CUR CURVE BEARING 3.577 ACRES± TOTAL EASEMENT AREA Cl N 35'46'06" E S 80'46'06" W y °�E SOPER pPGF' 804 C2 S 54'13'54" E \ �• E. V1p Qp'A 9 SRpf 4.\OE \`sis: s/y 0.3 APPROXIMATE LOCATION '131.6 , 100 YEAR FLOOD HAZARD 30' INGRESS. EGRESS AND REGRESS AND UTILITY EASEMENT DEED BOOK 3138 PAGE 702--- �"�,.`•'? FIFTH TRACT PLAT CABINET 0 SLIDE 20 -F �LECZktkC,1P�L' �E E NG °, \� TABLE FIGURE 4 ARD CHORD RADIUS AS -BUILT SURVEY 31.42' 28.28' 20.00' 3'.42' 28.28' 2 °. ° °' WEI's NEUSE 01 RIPARIAN BUFFER AND NUTRIENT UMBRELLA MITIGATION BANK BUCK SWAMP PARCEL BUCK SWAMP TOWNSHIP ........ WAYNE COUNTY, N.C. .................... APRIL 28, 2015 ................. . . - BE�ER NCE : . � '; '_ 'DEED BOOK 3095 PAGE 54 (CONS ERVATON EASEMENT) . . ,. . . L .;: . ................. PLAT CABINET 0 SLIDE 7 -1 DEED BOOK 3012 PAGE 186 - FOURTH TRACT PLAT CABINET N SLIDE 89 -H .` .......... ...... l­­ ................... \. V TOTAL AREA IN TRACT ' 79.294 ACRES± INCLUDING ROAD RIGHT -OF -WAY ` �' - 0.511 ACRE± ROAD RIGHT -OF -WAY 1.012 ACRES± DEED BOOK 3138 PAGE 702 FOURTH TRACT 1.012 ACRES± DEED BOOK 3138 PAGE 702 FIFTH TRACT 76.759 ACRES± EXCLUDING ROAD RIGHT -OF -WAY II _ 1 111 AREA 30 INGRESS EGRESS AND REGRESS AND UTILITY EASEMENT 11,532 SQUARE FEET OR 0.285 ACRE± Obi A EXISTING CEMETERY AREA IN JEAN -DEL DRIVE m°n i 10,172 SQUARE FEET OR 0.234 ACRE± �r 111 AREA EASEMENT 1 3.536 ACRES± NUTRIENT CREDIT 2 �'^ 1 ' 0.041 ACRE± NOT FOR CREDIT > JEAN -DEL DRIVE R w $ n ° J I 130.55' 3.577 ACRES± TOTAL EASEMENT AREA E S. o S 80'46'06" W y °�E SOPER pPGF' 804 `� .\BGC�. . . 11' . . . . . . . . . \ `I \ �• E. V1p Qp'A 9 SRpf 4.\OE \`sis: s/y AREA EASEMENT \ s 0 B \RSS ES S \ y. ,+.�, vy . °`asp r� DEE t GPe \'4 2iT. 1 ?BF ¢Ou A. . •li A O °O.o�� 1 98.02' 3.590 ACRES± 1 \\ . . i.�: . . \ P+ JgF'P 4yi '00'o s \\.. i� \C' ACRES± RIPARIAN BUFFER CREDIT .... . '� r s 35.072 ACRES± s2o OJ j/ o rn °• ' \ L34 N 854330" E L2 S 06.17'57" E 0.3 APPROXIMATE LOCATION '131.6 , 100 YEAR FLOOD HAZARD 30' INGRESS. EGRESS AND REGRESS AND UTILITY EASEMENT DEED BOOK 3138 PAGE 702--- �"�,.`•'? FIFTH TRACT PLAT CABINET 0 SLIDE 20 -F �LECZktkC,1P�L' �E E NG °, \� TABLE FIGURE 4 ARD CHORD RADIUS AS -BUILT SURVEY 31.42' 28.28' 20.00' 3'.42' 28.28' 2 °. ° °' WEI's NEUSE 01 RIPARIAN BUFFER AND NUTRIENT UMBRELLA MITIGATION BANK BUCK SWAMP PARCEL BUCK SWAMP TOWNSHIP ........ WAYNE COUNTY, N.C. .................... APRIL 28, 2015 ................. . . - BE�ER NCE : . � '; '_ 'DEED BOOK 3095 PAGE 54 (CONS ERVATON EASEMENT) . . ,. . . L .;: . ................. PLAT CABINET 0 SLIDE 7 -1 DEED BOOK 3012 PAGE 186 - FOURTH TRACT PLAT CABINET N SLIDE 89 -H .` .......... ...... l­­ ................... \. V TOTAL AREA IN TRACT ' 79.294 ACRES± INCLUDING ROAD RIGHT -OF -WAY ` �' - 0.511 ACRE± ROAD RIGHT -OF -WAY 1.012 ACRES± DEED BOOK 3138 PAGE 702 FOURTH TRACT 1.012 ACRES± DEED BOOK 3138 PAGE 702 FIFTH TRACT 76.759 ACRES± EXCLUDING ROAD RIGHT -OF -WAY II _ 1 111 AREA 30 INGRESS EGRESS AND REGRESS AND UTILITY EASEMENT 11,532 SQUARE FEET OR 0.285 ACRE± Obi A EXISTING CEMETERY AREA IN JEAN -DEL DRIVE m°n i 10,172 SQUARE FEET OR 0.234 ACRE± �r 111 AREA EASEMENT 1 3.536 ACRES± NUTRIENT CREDIT 2 �'^ 1 ' 0.041 ACRE± NOT FOR CREDIT > JEAN -DEL DRIVE R w $ n ° J I 130.55' 3.577 ACRES± TOTAL EASEMENT AREA 787.86' L26 �� S 81 '19'58" W S 80'46'06" W NUTRIENT CREDIT S 86'13'14" W 101.28' -- - -' -- _ o �- -' 1 1 90.00' j dti�' °p° °° AREA EASEMENT 2 S 8046'06" w_ f 5 c/ 1 1 1 98.02' 3.590 ACRES± 1 29.481 ACRES± NUTRIENT CREDIT ire - 33.3s� II 97.45' 5.591 ACRES± RIPARIAN BUFFER CREDIT j E 1 1 N 6 100.00' E 35.072 ACRES± TOTAL EASEMENT AREA j/ o rn L1 S 07'27'35" E 100.63' L34 N 854330" E L2 S 06.17'57" E ONES �. - i i PK.N.F.M.P. 48.80' L35 AREA EASEMENT 3 65 w L R.F% -- tE A 1 1 1 N 80'36'57" E 100.00' 4.308 ACRES± 0.530 ACRE± NOT NUTRIENT CREDIT FOR CREDIT r o a ,jN�S•A13 Qti i 200 ?2 0 1 � \ v' R MP D ENP RPNEp Oak- Al R 5- 1 i /o' 9° S BODY, C5 \ 52°n DEE BE G o A °,8• o'v j4T2j46. °/T 9 pP CPpS p1 YE S M2'PI"N I p T KENO o °jT T CAI UX. J�'2'24'CH W GERPLD RpNPR P96S SU ET19% 7/v OEEO 800 �� 5 �'? PLPT SRP S� -CTO,y i CyES �1 k a N `erg oo 0 1 1 PK.N.F.M.P. 4.838 ACRES± TOTAL EASEMENT AREA 130.55' L28 N 80'59'33" E AREA EASEMENT 0291 4 L63 S 81 '19'58" W 1.517 ACRES± NUTRIENT CREDIT S 86'13'14" W 101.28' PK.N.F.M.P. 1.268 ACRES± RIPARIAN BUFFER CREDIT 153.67' j dti�' °p° °° 11 N 81'30'52" E 0.805 ACRE± NOT FOR CREDIT L65 ti�''Sp °• O,bO h��� ti° 1 98.02' 3.590 ACRES± 1 TOTAL EASEMENT AREA N 37'05'43" W 67.99' PK.N.F.M.P. LINE TABLE 97.45' 42 e° N 82'31'50" E LINE BEARING DISTANCE N 18'41'06" W III 72.00 L33 N 30'00'44" E . PK.N.F.M.P. L1 S 07'27'35" E 100.63' L34 N 854330" E L2 S 06.17'57" E 102.79' I N 32'44'29" E PK.N.F.M.P. 48.80' L35 N 30'00'44" E 9.84' 1 I N 89'56'08" E L3 S 17'25'44" E 95.71' L36 jPK.N.F.M.P. 51.66' L4 S 20'18'52" E 235.78' N 17'42'02" E S 85'27'48" E L5 S 18'22'11" E 108.33' 8.07' 1 I PK.N.F.M.P. 52.43' ' L6 S 15'42'20" E 74.87' PK.N.F.M.P. S 80'55'43" E 1 49.95' L7 S 1415'29" E 56.48' N 17'31'32" E 5.94' L8 S 14 03'42" E 34.86' S 76'52'45" E 62.71' 1 '' �' _� - L9 $ 75-56-18" W 54.07' _ 2 QO ^00 Q O p W O U O y U O¢ 11 CREDIT LEGEND RIPARIAN BUFFER CREDIT - 0 -100 FEET ® NOT FOR CREDIT NUTRIENT OFFSET CREDIT - 0 -200 FEET, EXCEPT ®FOR RIPARIAN BUFFER CREDIT AREAS AND WHERE THE CONSERVATION EASEMENT IS LESS THAN 200 FEET WIDE WHERE NOTED. 1, BOBBY REX KORNEGAY, CERTIFY THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION BY TERRY S. BEASLEY FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION AND THAT THE BOUNDARIES ARE AS INDICATED IN THE LEGEND. THAT THE LAND IS OF THE FOLLOWING RECORDED INFORMATION: DEED BOOK 3095 PAGE 54, PLAT CABINET 0 SLIDE 7 -I, DEED BOOK 3012 PAGE 186 FOURTH TRACT AND PLAT CABINET N SLIDE 89 -H. THAT THE RATIO OF PRECISION IS AS INDICATED IN THE LEGEND. THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH G.S. 47 -30 AS AMENDED, WITNESS MY LEGEND HAND AND SEAL THIS 28TH DAY OF APRIL, 2015. I.R.S. IRON ROD SET 2`0e w ;, z'i ysryCSS I.R.F. IRON ROD FOUND \9 \�� y y "j1 ry r PK.N.F.M.I. PK NAIL FOUND MID - INTERSECTION . + + +11 H CA PK.N.F.M.P. PK NAIL FOUND MID-PAVE...-.. .... °R °'r' ` �. DES$/ O . R.R.S.FM.P. RAILROAD SPIKE FOUND MID-PAVEMENT RE KORNEGAY •O ' °s sr Sr'0' s �s EXISTING EDGE OF WOODS PROFESSIONAL LAND SURVE 0 NO. L -94¢ N >047• AC9 sOS ,09 9'eJ0' 1I, +rsH °'� RATIO OF PRECISION MINIMUM 1/10,000 300 EAST WALNUT STREET - SEAL ` ' - JOpo2'erCe °°4-3o Rsyy °s °� NO HORIZONTAL CONTROL WITHIN 2,000 FEET TELEPHONE N0. 919-735-58 0L 627530 - : ` _ ysTT,. ,rOTy ry \\ AREA COMPUTED BY D.M.D. METHOD ; ()- •' _z- • - �Q+ � LICENSE NUMBER F -1054 'o f -• O S UR v 20 200 0 100 200 400 800 38 F 03 q'C I i, � /` 9rV KO�\ 05 r 2 II ,`2j/111111111 \�� II SCALE: 1" = 200' BIGHT °F`WAY LINE TABLE LINE L59 L62 S 52'40'01" W 130.55' L28 I S 86 '13'14" W 61.80' L63 S 81 '19'58" W 298.08' L29 S 86'13'14" W 101.28' L64 S 82'25'28" W 153.67' L30 N 00'59'47" W 39.03' L65 S 83'23'34" W 184.16' L31 N 37'05'43" W 67.99' L66 S 51'45'00" E 97.45' L32 N 60'42'28" W 24.50' L67 N 18'41'06" W 107.15' L33 N 30'00'44" E 34.62' L68 N 50'15'32" E 128.78' L34 N 30'00'44" E 99.99' L69 I N 32'44'29" E 191.81' L35 N 30'00'44" E 9.84' L70 N 30'45'11" E 200.85' L36 S 61'56'08" E 36.09' L71 N 17'42'02" E 152.30' L37 S 55'26'10" E 8.07' L72 N 17'31'32" E 15.71' L38 S 44'52'55" W 4.91' L73 N 17'31'32" E 5.94' L39 S 37'34'48" E 71.44' L74 N 09'33'31" E 169.89' L40 S 12'23'20" E 94.96' L75 N 86. 42'00" E 95.97' L41 S 12'49'50" W 46.92' L76 S 88'23'50" E 104.61' L42 S 00'44'59" W 143.30' L77 S 89'31'42" E 99.58' L43 S 01'04'19" W 122.98' L78 S 82'21'09" E 4.62' L44 S 01'04'19" W 10.25' L79 S 07'38'51" W 92.08' L45 S 40'56'41" E 19.89' L80 S 6431'41" E 24.90' L46 S 02'08'42" E 279.22' L81 N 82'57'24" W 21.53' L47 N 83'23'34" E 205.91' L82 N 89'31'42" W 94.82' L48 N 82'25'28" E 151.87' L83 N 88'23'50" W 101.32' L49 N 81"19'58" E 271.58' L84 S 86'42'00" W 11.81' L50 N 52'40'01" E 86.99' L85 S 09'38'27" W 97.21' L51 N 32'15'19" E 169.52' L86 S 17'31'32" W 81.55' L52 N 28'21'48" E 184.41' L87 S 17'47'37" W 111.12' L53 N 21'58'31" E 87.83' L88 S 30'45'11" W 213.94' L54 N 17'04'45" E 70.22' L89 S 3244'29" W 208.95' L55 N 17.04'45" F 49.71' BRIDGERS, DELMUS FAMILY LIMITED PARTNERSHIP, BUCK SWAMP TOWNSHIP NCSR 111 1318 & 1320 TSB- 150133- D156FO4 F 1 549 Table 1. Project Components and Mitigation Credits Buck Swamp Parcel Monitoring Year 0 - 2015 Zone A: 0' to 100' 85,929 1.97 1:1 43,560 ft2 85,929 fe Restoration Buck Swamp Zone B: 101' -200' 84,105 1.93 1:1 2,2731b /acre 4,3871bs Zone A: 0'to 100' 2121893 4.89 1:1 43,560 fe 212,846 ft2 Restoration UT to Buck Swamp 2015 December 2015 Year 2 Monitoring 2016 December 2016 Zone B: 101' -200' 170,031 3.90 1:1 2,273 lb/acre 8,8641bs Restoration I Ditches JZone A: 0'to 200' 1 1,437,916 1 33.01 1:1 1 2,273 lb/ acre 75,032lbs Total Buffer Credits 298,822 fe Total Nutrient Offset Credits 88,283 lbs Table 2. Project Activity and Reporting History Buck Swamp Parcel Monitoring Year 0 - 2015 Activity or Report Date Bank Sponsor WEI's Neuse UMBI N/A June 2014 BPDP N/A October 2012 Conservation Easement N/A June 2014 Bare Root Planting N/A December 2014 As -Built & Baseline Monitoring Document January 2015 March 2015 Year 1 Monitoring 2015 December 2015 Year 2 Monitoring 2016 December 2016 Year 3 Monitoring 2017 December 2017 Year 4 Monitoring 2018 December 2018 Year 5 Monitoring 2019 December 2019 Table 3. Project Contact Table Buck Swamp Parcel Monitoring Year 0 - 2015 Table 4. Project Information and Attributes Buck Swamp Parcel Monitoring Year 0 - 2015 PROJECT INFORMATION Wildlands Holdings II, LLC Bank Sponsor 312 West Millbrook Road, Suite 225 Wayne County Raleigh, NC 27609 47.08 acres 919.851.9986 35° 29' 38" N, 78° 04' 27" W Bruton Natural Systems, Inc Planting Contractor P.O. Box 1197 River Basin Fremont, NC 27830 Nursery Stock Suppliers Dykes and Son Nursery Monitoring Performers Wildlands Engineering, Inc. Monitoring, POC Jason Lorch Project Drainiage Area (miles) 919.851.9986, ext. 107 Table 4. Project Information and Attributes Buck Swamp Parcel Monitoring Year 0 - 2015 PROJECT INFORMATION Project Name Buck Swamp Parcel County Wayne County Project Area (acres) 47.08 acres Project Coordinates (latitude and longitude) 35° 29' 38" N, 78° 04' 27" W PROJECT WATERSHED SUMMARY INFORMATION Physiographic Province Southeastern Floodplains & Rolling Coastal Plain River Basin Neuse USGS Hydrologic Unit 8 -digit 03020201 USGS Hydrologic Unit 14 -digit 03020201200020 DWR Sub -basin 03 -04 -06 Project Drainiage Area (miles) 1 Project Drainage Area Percentage of Impervious Area <5% CGIA Land Use Classification Cropland and Pasture Table 5. Adjacent Forested Areas Existing Tree and Shrub Species Buck Swamp Parcel Monitoring Year 0 - 2015 Common Name Water Hickory Scientific Name Carya aquatica Wetland Indicator Status OBL Shumard Oak Quercusshumardii FACW- Sugarberry Celtis loevigato FACW Deciduous Holly Ilexdecidua FACW- Water Tupelo Nyssaaquatica OBL Black Willow Salix nigra OBL Sweet Pepperbush Clethra alnifolia FACW Swamp Titi Cyrilla racemiflora FACW Water Ash Fraxomiscaroliniana OBL Virginia Sweetspire Itea virginica FACW+ Blackgum Nysso sylvatica FAC Persimmon Diospyros virginiana FAC Red Maple Acer rubrum FAC Sweetgum Liquidamborstyrociflua FAC+ Loblolly Pine Pinus toeda FAC Red Oak Quercus rubro FACU Willow Oak Quercus phellos FACW- Yellow Poplar Liriodendron tulipifera FAC American Sycamore Platanus occidentalis FACW- Eastern Red Cedar Juniperus virginiana FACU- Table 6. Planted Tree Species Buck Swamp Parcel Monitoring Year 0 - 2015 Common Name Bald Cypress Scientific Name Taxodium distuchum Number Planted 3,500 % of Tota I 14.3 Yellow Poplar Liriodendron tulipifera 3,500 14.3 Willow Oak Quercus phellos 3,500 14.3 American Sycamore Platanus occidentalis 3,500 14.3 River Birch Betula nigro 3,500 14.3 Swamp Chestnut Oak Quercus michauxii 3,500 14.3 Green Ash Fraxinus pennsylvanico 3,500 14.3 Total 24,500 100 APPENDIX B. Vegetation Plot Data Table 7. Planted and Total Stem Counts Buck Swamp Parcel Monitoring Year 0 -2015 Color Coding for Table 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: Number of Planted stems excluding live stakes P -all: Number of planted stems including live stakes, T: Total Stems Current Plot Data (MYO 2015) Scientific Name Common Name Species Type 40020 -WEI -0001 40020 -WEI -0002 40020 -WEI -0003 40020 -WEI -0004 40020 -WEI -0005 40020 -WEI -0006 40020 -WEI -0007 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 11 1 1 8 8 8 3 3 3 3 3 3 3 3 3 1 1 1 2 2 2 Fraxinus pennsylvanica green ash Tree 2 2 2 3 3 3 1 1 1 4 4 4 3 3 3 Liriodendron tulipifera tuliptree Tree 3 3 3 2 2 2 2 2 2 1 1 1 Platanus occidentalis American sycamore Tree 2 2 2 3 3 3 2 2 2 1 1 1 1 1 1 Quercus michauxii swamp chestnut oak Tree 1 1 1 1 1 1 4 4 4 6 6 6 5 5 5 5 5 5 Quercus phellos 1willow oak ITree 6 61 6 1 1 1 2 2 2 4 4 4 4 4 4 3 3 3 Taxodium distichum I bald cypress ITree 2 21 2 31 31 3 1 1 2 2 2 1 11 1 3 3 1 1 1 Stem count size (ares) size (ACRES) Species count Stems per ACRE 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 +3_ 15 15 15 15 15 1 1 1 1 1 1 1 0.02 0.02 0.02 0.02 0.02 0.02 0.02 6 6 61 51 51 51 51 51 51 51 51 61 61 61 61 61 61 61 61 6 6071 6071 6071 6071 6071 6071 6071 6071 6071 6071 6071 6071 6071 6071 6071 6071 6071 6071 6071 6071 607 Color Coding for Table 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: Number of Planted stems excluding live stakes P -all: Number of planted stems including live stakes, T: Total Stems Table 7. Planted and Total Stem Counts Buck Swamp Parcel Monitoring Year 0 -2015 Color Coding for Table 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: Number of Planted stems excluding live stakes P -all: Number of planted stems including live stakes, T: Total Stems Current Plot Data (MYO 2015) Scientific Name Common Name Species Type 40020 -WEI -0008 40020 -WEI -0009 40020 -WEI -0010 40020 -WEI -0011 40020 -WEI -0012 40020 -WEI -0013 40020 -WEI -0014 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 4 4 4 4 4 4 3 3 3 6 6 6 1 1 1 1 1 1 Fraxinus pennsylvanica green ash Tree 5 5 5 3 3 3 2 2 2 1 1 1 2 2 2 Liriodendron tulipifera tuliptree Tree 1 1 1 2 2 2 2 2 2 1 1 1 4 4 4 Platanus occidentalis American sycamore Tree 3 3 3 2 2 2 2 2 2 2 2 2 5 5 5 1 1 1 Quercus michauxii swamp chestnut oak Tree 2 2 2 1 1 1 2 2 2 3 3 3 5 5 5 2 2 2 4 4 4 Quercus phellos 1willow oak ITree 3 31 3 1 1 1 1 1 1 1 1 1 1 1 1 2 2 2 Taxodium distichum I bald cypress ITree 11 11 1 5 5 5 3 3 3 2 2 2 1 1 1 5 5 5 1 1 1 Stem count size (ares) size (ACRES) Species count Stems per ACRE 15 15 15 16 16 16 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 1 1 1 1 1 1 1 0.02 0.02 0.02 0.02 0.02 0.02 0.02 6 6 61 61 61 61 6 6 6 7 7 7 5 5 5 6 6 6 7 7 7 607 607 607 647.5 647.5 647.5 607 607 607 607 607 607 607 607 607 607 607 607 607 607 607 Color Coding for Table 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: Number of Planted stems excluding live stakes P -all: Number of planted stems including live stakes, T: Total Stems Table 7. Planted and Total Stem Counts Buck Swamp Parcel Monitoring Year 0 -2015 Color Coding for Table 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: Number of Planted stems excluding live stakes P -all: Number of planted stems including live stakes, T: Total Stems Current Plot Data (MYO 2015) Scientific Name Common Name Species Type 40020 -WEI -0015 40020 -WEI -0016 40020 -WEI -0017 40020 -WEI -0018 40020 -WEI -0019 40020 -WEI -0020 40020 -WEI -0021 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 5 5 5 5 5 5 2 2 2 2 2 2 Fraxinus pennsylvanica green ash Tree 3 3 3 2 2 2 4 4 4 3 3 3 Liriodendron tulipifera tuliptree Tree 3 3 3 1 1 1 4 4 4 10 10 10 5 5 5 Platanus occidentalis American sycamore Tree 2 2 2 1 1 1 2 2 2 2 2 2 5 5 5 1 1 1 5 5 5 Quercus michauxii swamp chestnut oak Tree 1 1 1 3 3 3 1 1 1 4 4 4 3 3 3 Quercus phellos 1willow oak ITree 3 31 3 2 2 2 3 3 3 2 2 2 2 2 2 Taxodium distichum I bald cypress ITree 11 11 1 21 2 2 21 2 2 1 1 1 4 4 4 2 2 2 2 2 2 Stem count size (ares) size (ACRES) Species count Stems per ACRE 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 151 151 15 15 15 15 1 1 1 1 1 1 1 0.02 0.02 0.02 0.02 0.02 0.02 0.02 6 6 61 61 61 61 61 61 61 71 71 71 41 41 41 41 41 41 41 41 4 607 607 607 607 607 607 607 607 607 607 607 607 607 607 607 607 607 607 607 607 607 Color Coding for Table 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: Number of Planted stems excluding live stakes P -all: Number of planted stems including live stakes, T: Total Stems Table 7. Planted and Total Stem Counts Buck Swamp Parcel Monitoring Year 0 -2015 Color Coding for Table 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: Number of Planted stems excluding live stakes P -all: Number of planted stems including live stakes, T: Total Stems Current Plot Data (MYO 2015) Scientific Name Common Name Species Type 40020 -WEI -0022 40020 -WEI -0023 40020 -WEI -0024 40020 -WEI -0025 40020 -WEI -0026 40020 -WEI -0027 40020 -WEI -0028 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 3 3 3 3 3 3 Fraxinus pennsylvanica green ash Tree 4 4 4 2 2 2 2 2 2 3 3 3 1 1 1 Liriodendron tulipifera tuliptree Tree 4 4 4 2 2 2 4 4 4 1 1 1 4 4 4 2 2 2 Platanus occidentalis American sycamore Tree 5 5 5 1 1 1 3 3 3 3 3 3 2 2 2 3 3 3 Quercus michauxii swamp chestnut oak Tree 2 2 2 4 4 4 2 2 2 2 2 2 3 3 3 Quercus phellos 1willow oak ITree 1 11 1 3 3 3 6 6 6 4 4 4 10 10 10 1 1 1 4 4 4 Taxodium distichum I bald cypress ITree 21 21 2 1 1 1 3 3 3 2 2 2 2 2 2 Stem count size (ares) size (ACRES) Species count Stems per ACRE 15 15 15 15 15 15 15 15 15 15 15 15 151 151 15 15 151 15 15 15 15 1 1 1 1 1 1 1 0.02 0.02 0.02 0.02 0.02 0.02 0.02 6 6 61 61 61 61 41 41 41 61 61 61 31 31 31 61 61 61 61 6 6 607 607 607 607 607 607 607 607 607 607 607 607 607 607 607 607 607 607 607 607 607 Color Coding for Table 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: Number of Planted stems excluding live stakes P -all: Number of planted stems including live stakes, T: Total Stems Table 7. Planted and Total Stem Counts Buck Swamp Parcel Monitoring Year 0 -2015 Color Coding for Table 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: Number of Planted stems excluding live stakes P -all: Number of planted stems including live stakes, T: Total Stems Current Plot Data (MYO 2015) Scientific Name Common Name Species Type 40020 -WEI -0029 40020 -WEI -0030 40020 -WEI -0031 40020 -WEI -0032 40020 -WEI -0033 40020 -WEI -0034 40020 -WEI -0035 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 3 3 3 4 4 4 1 1 1 Fraxinus pennsylvanica green ash Tree 2 2 2 4 4 4 5 5 5 3 3 3 5 5 5 6 6 6 6 6 6 Liriodendron tulipifera tuliptree Tree 2 2 2 1 1 1 1 1 1 2 2 2 1 1 1 3 3 3 Platanus occidentalis American sycamore Tree 1 1 1 2 2 2 2 2 2 3 3 3 1 1 1 1 1 1 Quercus michauxii swamp chestnut oak Tree 1 1 1 4 4 4 4 4 4 3 3 3 1 1 1 3 3 3 Quercus phellos 1willow oak ITree 3 31 3 1 1 1 3 3 3 4 4 4 4 4 4 3 3 3 Taxodium distichum I bald cypress ITree 21 21 2 1 1 21 2 2 3 3 3 1 1 1 Stem count size (ares) size (ACRES) Species count Stems per ACREI 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 1 1 1 1 1 1 1 0.02 0.02 0.02 0.02 0.02 0.02 0.02 7 7 71 61 61 61 51 51 51 5 51 51 51 5 51 5 51 51 61 61 6 6071 6071 6071 6071 6071 6071 6071 6071 6071 6071 6071 6071 6071 6071 6071 6071 6071 6071 6071 6071 607 Color Coding for Table 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: Number of Planted stems excluding live stakes P -all: Number of planted stems including live stakes, T: Total Stems Table 7. Planted and Total Stem Counts Buck Swamp Parcel Monitoring Year 0 -2015 Color Coding for Table 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: Number of Planted stems excluding live stakes P -all: Number of planted stems including live stakes, T: Total Stems Current Plot Data (MYO 2015) Annual Means Scientific Name Common Name Species Type 40020 -WEI -0036 40020 -WEI -0037 40020 -WEI -0038 MYO (2015) 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 4 4 4 86 86 86 Fraxinus pennsylvanica green ash Tree 3 3 3 3 3 3 3 3 3 90 90 90 Liriodendron tulipifera tuliptree Tree 2 2 2 1 1 1 1 1 11 72 72 72 Platanus occidentalis American sycamore Tree 2 2 2 2 2 2 73 73 73 Quercus michauxii swamp chestnut oak Tree 2 2 2 5 5 5 89 89 89 Quercus phellos 1willow oak ITree 3 31 3 1 1 1 2 2 2 94 94 94 Taxodium distichum bald cypress Tree 2 2 2 4 4 4 67 67 67 Stem count size (ares) size (ACRES) Species count Stems per ACRE 15 15 15 15 15 15 15 15 15 571 571 571 1 1 1 38 0.02 0.02 0.02 0.94 6 6 61 71 71 71 51 51 51 71 7 7 607 607 607 607 607 607 607 607 607 608.1 608.1 608.1 Color Coding for Table 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: Number of Planted stems excluding live stakes P -all: Number of planted stems including live stakes, T: Total Stems VEGETATION PHOTOGRAPHS Buck Swamp Parcel VEG PLOT 1(01/26/2015) 1 VEG PLOT 2 (0112612015) 1 VEG PLOT 3 (0112612015) 1 VEG PLOT 4 (0112612015) 1 VEG PLOT 5 (0112612015) VEG PLOT 6 (0112612015) Buck Swamp Parcel Appendix B: Vegetation Plot Data — Vegetation Photographs Buck Swamp Parcel Appendix B: Vegetation Plot Data — Vegetation Photographs VEG PLOT 13 (0112612015) 1 VEG PLOT 14 (0112612015) 1 VEG PLOT 15 (0112612015) 1 VEG PLOT 16 (0112612015) 1 VEG PLOT 17 (0112612015) VEG PLOT 18 (0112612015) Buck Swamp Parcel Appendix B: Vegetation Plot Data — Vegetation Photographs VEG PLOT 19 (0112612015) 1 VEG PLOT 20 (0112612015) 1 VEG PLOT 21 (0112612015) 1 VEG PLOT 22 (0112612015) 1 VEG PLOT 23 (0112612015) VEG PLOT 24 (0112612015) Buck Swamp Parcel Appendix B: Vegetation Plot Data — Vegetation Photographs VEG PLOT 25 (0112612015) VEG PLOT 26 (0112612015) 1 VEG PLOT 27 (0112612015) 1 VEG PLOT 28 (0112612015) 1 VEG PLOT 29 (0112612015) VEG PLOT 30 (0112612015) Buck Swamp Parcel Appendix B: Vegetation Plot Data — Vegetation Photographs VEG PLOT 31 (0112612015) VEG PLOT 32 (0112612015) 1 VEG PLOT 33 (0112612015) 1 VEG PLOT 34 (0112612015) 1 VEG PLOT 35 (0112612015) VEG PLOT 36 (0112612015) Buck Swamp Parcel Appendix B: Vegetation Plot Data — Vegetation Photographs Buck Swamp Parcel Appendix B: Vegetation Plot Data — Vegetation Photographs APPENDIX C. NC DWR Stream Determination A LV-WA " "J III A NCDENR North Carolina Department of 'Environment and Natura Division of Water Quality Beverly Eaves Perdue Governor Wildlands Engineering, Inc. Attn: John Hutton 5605 Chapel Hill Road, Suite 122 Raleigh NC 27607 Char les Wakild Director March 12, 2012 Resources Dee Freeman Secretary DWQ Project # 12 -0144 Wayne County Subject Property; Buck Swamp Nutrient and Riparian Buffer Site Buck Swamp [NEU06 27 -57- 20.7 -1; WS -IV, NSW] On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B.0233) Dear Mr. Hutton: On February 23, 2012, at your request I conducted an on -site determination to review multiple blue line and drainage features located on the subject property for applicability to the Neuse River Buffer Rules (15A NCAC 2B .0233). The features are labeled as "12 -0144A through 12- 0144G" on the attached map initialed by me on March 10, 2012. The project is located at north side of Pikeville - Princeton Rd 0.15 east of Old Kenly Rd. near the town of Princeton, NC. During my review I evaluated the stream using the DWQ Stream Classification Form. I evaluated the stream reach 12 -0144B and 12 -0144C calculated the score to between 21 and 23 points. The form states that if the score is "greater than or equal to 19 points the stream is at least intermittent ". However, several features on the property did not rate at least intermittent or were determined to be drainage ditches.. The Division of Water Quality (DWQ) has determined that the surface water labeled as "12 -0144B and 12- 0144C" on the attached map are at least intermittent and are SUBJECT to the Neuse Buffer Rule. The features labeled as "12- 0144A ", "12- 0144D, 12- 0144E, 12- 0144F, 12- 0144G" are NOT SUBJECT stream features. These subject streams and the associated buffers should be identified on any future plans for this property. The owner (or future owners) should notify the DWQ (and other relevant agencies) of this decision in any North Carolina Division of Water Quality Internet: r iv %k,.ncwatcrquality.org 943 Washington Square Mall Phone: 252 - 946.6481 One Washington, NC 27889 FAX 252 - 946 -9215 NoAhCarolina An Equal Opportunity /Aff irmalNe Action Employer— 50% Recycled/10% Post consumer Paper Naturally Page 2 of 2 future correspondences concerning this property. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Karen Higgins, DWQ, Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WBSCP) Mail Service Center, Raleigh, NC 27699 -1650. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60 -day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699- 671.4. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any additional questions or require additional information please call Amy Adams at (252) 948 -3917. Enclosures: Stream/Buffer Applicability Map cc: DWQ Webscape Unit WaRO File Copy Katie Merritt, Nutrient Offset Coordinator Sin erely, Amy Adams /Env. Sr. Specialist For Al Hodge /Supervisor Division of Water Quality Surface Water Protection Washington Regional Office Filename: 12- 0144_B tic Bwamp_11ufiDet/aa I 10 il-A � r�F�� w 1� � i• � y � �- 1. � ; • _ �� Iwo. . - n. j `f ti S7 - 1 1 1 / y.S _W4 r.1 r Ir � : IL ?, i1, •t 1� 'r_ of T r d Llj fi] i1 G ft (D ��g�yy 0 fr i b' yW Wp�[ F0 W rµ rh (D w� fr f� 0 0 0 F� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary August 9, 2013 MEMORANDUM To: N.C. Ecosystem Enhancement Program From: Tom Reeder Subject: DWR responses to the EEP document "Reforms needed immediately in the regulation of riparian buffer mitigation" On August 2, 2013, the Division of Water Resources (DWR) received a document from the N.C. Ecosystem Enhancement Program (EEP) titled "Reforms needed immediately in the regulation of riparian buffer mitigation ". Below is a short summary of each point raised in the document and DWR's response to those points. I. Riparian Buffer Mitigation Widths — the Ironclad 50' Standard There are two issues raised under this section: (a) provide mitigation credit for buffers wider than 50 feet and (b) provide mitigation credit for buffers narrower than 50 feet. Response: (a) DWR will approve mitigation credit for buffer widths in excess of 50 feet on a prorated basis, up to a maximum of 200 feet, including on pre- existing mitigation sites: Buffer width (ft) Percentage of Full Credit 50 -100 100% 101 -200 25% for area > 100 feet 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919 - 807 -63001 FAX: 919 - 807 -6492 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Example for restoration of a 1,000 linear foot stream segment: 50 ` 1001 206 ` (b) DWR agrees that mitigation credit should be granted for restored buffer widths less than 50 feet, however this would require a rule change. The draft consolidated buffer mitigation rule (15A NCAC 02B .0295) already has provisions for narrower buffers in urban areas and DWR supports expanding this to non -urban areas. II. Riparian Buffer Jurisdiction — Map Jurisdiction. There are two issues raised under this section: (a) the ability to conduct restoration or enhancement on unmapped streams and (b) the ability to conduct restoration or enhancement on all watercourses, including ditches. Response for the Neuse, Tar - Pamlico, Catawba and Jordan: Under the current buffer mitigation rules, applicants may "restore or enhance a non - forested riparian buffer..." A riparian buffer is defined within each of the buffer rules. Each rule has an applicability paragraph that defines where the rule shall apply (e.g. in the Neuse "This Rule shall apply to 50 foot wide riparian buffers directly adjacent to surface waters in the Neuse River Basin (intermittent streams, perennial streams, lakes, ponds, and estuaries), excluding wetlands. ") The rule goes on further to clarify that a subject feature must be depicted on either the USGS topo map or the NRCS soil survey and defines the Zones of the riparian buffer. 50 `minimum \ required 50. '\r 106 ` FULL CREDIT FOR A IDO ` BUFFER Area = 100,000ft2 Credit - 10o,000it� Stream FULL CREDIT FOR p, 5D' BUFFER 1,666 LF Area = 50,000ft2 Credit = 50,000 W 25 % FULL CREDIT FOR ADDITIONAL BUFFER BEYOND 10D' Area = 100,000ft2 Credit = 25,000 W not to SuAe) Total Credit = 125,000K2 50 ` 1001 206 ` (b) DWR agrees that mitigation credit should be granted for restored buffer widths less than 50 feet, however this would require a rule change. The draft consolidated buffer mitigation rule (15A NCAC 02B .0295) already has provisions for narrower buffers in urban areas and DWR supports expanding this to non -urban areas. II. Riparian Buffer Jurisdiction — Map Jurisdiction. There are two issues raised under this section: (a) the ability to conduct restoration or enhancement on unmapped streams and (b) the ability to conduct restoration or enhancement on all watercourses, including ditches. Response for the Neuse, Tar - Pamlico, Catawba and Jordan: Under the current buffer mitigation rules, applicants may "restore or enhance a non - forested riparian buffer..." A riparian buffer is defined within each of the buffer rules. Each rule has an applicability paragraph that defines where the rule shall apply (e.g. in the Neuse "This Rule shall apply to 50 foot wide riparian buffers directly adjacent to surface waters in the Neuse River Basin (intermittent streams, perennial streams, lakes, ponds, and estuaries), excluding wetlands. ") The rule goes on further to clarify that a subject feature must be depicted on either the USGS topo map or the NRCS soil survey and defines the Zones of the riparian buffer. To allow buffer mitigation to occur on non - subject features requires a rule change. DWR does support buffer mitigation on unmapped streams, and the draft consolidated buffer mitigation rule (15A NCAC 02B .0295) already has language to allow for this. Response for Randleman: Under the current Randleman buffer mitigation rules, applicants may "restore or enhance a non - forested riparian buffer..." A riparian buffer is defined within the Randleman rules to include unmapped features, as well as ditches or manmade conveyances that "deliver untreated stormwater runoff from an adjacent source directly to an intermittent or perennial stream are subject to the Rule." DWR will continue to allow buffer mitigation to occur in the Randleman watershed on unmapped features as well as ditches or manmade conveyances that meet the rule. Response for Goose Creek: Under the current Goose Creek buffer mitigation rules, unmapped streams may be used to provide buffer mitigation, as well as first order ephemeral streams that discharge /outlet into intermittent or perennial streams. III. Riparian Buffer Jurisdiction — Stream Calls on Mapped Streams The issues raised under this section focus on the requirement to have a stream determination made by DWR staff. More specifically, there is a concern that the stream method is not appropriate for modified natural streams that may be severely degraded and that these streams are not eligible for mitigation. Response: • DWR will allow all subject streams to be eligible for riparian buffer mitigation. IV. Restoration Success Criteria — Native Hardwood Trees The issues raised under this section focus on the requirement to plant a minimum of at least two native hardwood tree species and the current DWR practice of not allowing Sweet Gum or Red Maple to be counted towards meeting this requirement. Response: • DWR agrees that as written, the use of Sweet Gum and Red Maple counts towards meeting the minimum requirement of the rule. Mitigation providers will be expected to meet planting criteria established by the IRT in buffer areas that are part of a stream mitigation site. V. Restoration Success Criteria — Planted Stems The issues raised under this section focus on the requirement to plant 320 trees per acre and the statement that DWR does not count trees derived from existing seed sources, planted seeds, stump sprouts or other volunteer species towards meeting that 320 requirement. Response: • DWR agrees that using 260 stems per acre at the end of the monitoring period would provide more consistency with the federal performance standards for stream and wetland projects; however this would require a rule change. The draft consolidated buffer mitigation rule (15A NCAC 02B .0295) has already incorporated this change. DWR staff will continue to consider the presence of woody volunteers during closeout of buffer sites. VI. Restoration and Enhancement Criteria — Measuring Density The issues raised under this section focus on tree density for determining restoration or enhancement. More specifically, the issues include the inconsistency among rules, the lack of clarity on how to measure density which has resulted in inconsistent calls among DWR staff, and the use of a tree's dripline. Response: • DWR agrees that the inconsistency among rules has created confusion and inconsistency in implementation; however this would require a rule change to be consistent among all six rules. The draft consolidated buffer mitigation rule (15A NCAC 02B .0295) has definitions for restoration, enhancement and preservation, which were written to provide clarity and predictability while still allowing DWR staff to use best professional judgment in evaluating potential mitigation sites based on their many years of experience. In the Jordan and Randleman watersheds, the rules allow for restoration on sites with fewer than 100 trees /acre and enhancement on sites with between 100 and 200 trees. In these two watersheds, DWR will accept established forestry protocols (e.g. fixed radius plot sampling) to be used to determine existing tree densities in any non - forested buffer area. Sufficient numbers of plots should be used to accurately assess stem densities and delineate areas of the site with varying densities. Plot data should not be averaged to determine an overall stem density unless the site is fairly homogeneous in terms of vegetative coverage. Existing forested areas should be delineated out and not included in stem density calculations. DWR has not considered the drip line to represent the outer edge of a wooded area for several years and will not consider it in the future. Existing wooded areas should be delineated at the trunks of the outer edge of the areas. It It *V6 WILI�LANDS rr•;c.GrrrIeiP4rs July 3, 2014 Ms. Karen Higgins 401 & Buffer Permitting Unit Supervisor NC Department of Environment and Natural Recourses 512 N. Salisbury Street Raleigh, NC 27604 RE: Conversion of Nutrient Credits to Buffer Credits at the WEI - Buck Swamp, LLC Neuse 01 Nutrient and Riparian Buffer Mitigation Bank; Buck Swamp Parcel Dear Karen: Based upon conversations earlier today between John Hutton and Eric Kulz, and guidance from the attached August 9, 2013 memorandum from Tom Reeder regarding DWR responses to the EEP document "Reforms needed immediately in the regulation of riparian buffer mitigation," we are requesting that DWR acknowledge our conversion of 3.35 acres of our existing nutrient offset credits to riparian buffer credits. The area is within the already recorded easement and is already slated for nutrient credit generation. Based on our current credit release, this will be an additional 29,185 square feet (0.67 acres) of released buffer. Our Nutrient credit issuance would drop accordingly. As we are responding to RFP No. 16- 006080 for the purchase of mitigation bank credits in the Neuse River Basin which is due on Tuesday July 7, 2014, if possible, we are requesting your acknowledgement of the conversion in writing by noon on Monday, July 8, 2014. If we could include an updated re- issuance of your June 20, 2014 Task 1 credit release letter in our RFP response, it would give us formal documentation of your acceptance. Finally, when updating the credit release letter, please correct the typo in the final paragraph on page one which incorrectly references the credits being in the Tar - Pamlico basin. Thank you in advance for your prompt attention to this matter. Sincerely, Robert W. Bugg Wildlands Engineering, Inc. Attached: August 9, 2013 memorandum from Tom Reeder, Revised Buck Swamp map showing area to be converted from nutrients to buffers, June 20, 2014 Task 1 credit release letter. CC: Mr. Eric Kulz, Environmental Senior Specialist, EEP Interdepartmental Response Team, Water Quality Wild Iands Engineering, Inc. • phone 704-332-7754 -fax 704-332-3306 • 1430S. Mint Street, # 104 • Charlotte, NC 28203 e�� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary July 3, 2014 John Hutton DWQ Project #: 2012 -0144 Wildlands Engineering, Inc Wayne County 5605 Chapel Hill Rd, Suite 122 Raleigh, NC 27607 Re: WEI -Buck Swamp Neuse 01 Umbrella Mitigation Banking Instrument (UMBI) Buck Swamp Nutrient Offset & Riparian Buffer Bank — Transfer of Credit Dear Mr. Hutton: Per your request, you have DWR approval to transfer 3.35 acres (7,614.62 Ibs Nitrogen) of Neuse Nitrogen Offset credits from the Buck Swamp Nutrient Offset Mitigation Bank ( #2012 -0144) to 3.35 acres (145,926 ft') to the Buck Swamp Buffer Mitigation Bank. This request is effective as of the date of this letter. Please update your ledgers accordingly: • In the Purchaser column of the nutrient ledger: "DWR Approved Transfer to Buck Swamp Buffer Ledger": show 3.35 acres (7,614.62 Ibs Nitrogen) as a "debit" • In the Purchaser column of the buffer ledger: "DWR Approved Transfer from Buck Swamp Nutrient Ledger": show 3.35 acres (145,926 ft') as a "credit' The remaining balances on the Buck Swamp nutrient ledger should now be 5.1 acres (11,581.59 Ibs Nitrogen), and the remaining balance on the Buck Swamp buffer ledger should now be 176,418 ft' and 4.05 acres. Please send DWR 2 revised ledgers via .pdf when you get them completed. Please note that nutrient offset credits generated at this site must be used for impacts in HUC 03020201 of the Neuse River Basin excluding the Falls Watershed. Additionally, the riparian buffer credits must be used for impacts in the Neuse River Basin according to guidelines in 15A NCAC 02B.0242. Contact me at 919 - 807 -6360 or karen.hieains(@ncdenr.gov if you have any questions or concerns. Sincerely, tttV4,_ Karen Higgins, 401 & Buffer Permitting Unit cc: File Copy (Katie Merritt) Robert Bugg - Wildlands, Inc (via electronic mail; rbugg@wildlandsena.com ) Division of Water Resources - 401 & Buffer Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919 -807 -63001 FAX: 919 -807 -6494 Internet: www.ncwaterquality.org An Equal Opportunity 1 ARumative Action Employer -Made in part by recycled paper APPENDIX D. Conservation Easement RECORDED NM S' i.• ID LOISJ REGISTER Oi NEEDS RECORDING REQUESTED BY AND WHEN RECORDED NfttL Y., .0, Wildlands Engineering, Inc. 1430 South Mint Street, Suite 104 Charlotte, North Carolina 28203 Attention: Lee Knight Caffery RETURN -1 - BQGK 3 0 9 5 PAGE 0 5 4 INDEXED Doc ID: 011098920013 TYPe: CRP Recorded: 06/18/2014 at 12:24:53 PM Fee Amt: $968.00 Page 1 of 13 04 Excise 00 a L9 �00- LOIS J MOORING REGISTER OF DEEDS (3 BK3095 PG54 -66 ip wJ SPACE ABOVE THIS LINE FOR RECORDER'S USE PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ( "Conservation Easement ") made this 17 day of j„ n e - , 2014 by and between Delmus Bridgers Family Farms, LLC, ( "Grantor ") and WEI -Buck Swamp, LLC. (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 certain real property situated, lying and being in Wayne County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein ( "Property "); WHEREAS, Grantee agrees that it shall cause the appropriate environmental mitigation and restoration to be accomplished on the Property as more particularly set forth herein and, upon completion such restoration, mitigation and a five year monitoring period, Grantee will transfer ownership of the conservation easement to a nonprofit corporation or trust whose purpose is the conservation of the property and which is qualified to be the Grantee of a conservation easement pursuant to 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: Buck Swamp, unnamed tributaries and open field ditches to Buck Swamp. The purpose of this Conservation Easement is to maintain riparian resources and other natural values of the Property, and 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. WHEREAS, the preservation of the Property is required by a Mitigation Banking Instrument for the WEI's Neuse 01 Riparian Buffer and Nutrient Umbrella Bank. The Mitigation Bank is intended to be used to compensate for unavoidable buffer impacts authorized by permits issued by the North Carolina BOOK 3 0 9 5 PAGE O 5 5 Division of Water Quality ( NCDWQ) and to provide mitigation for nutrient offsets due to development (both existing and proposed) within restricted areas of the Neuse River Basin. Grantor and Grantee agree that third party rights of enforcement shall be held by the NCDWQ and that these rights are in addition to, and do not limit the rights of the parties to the Mitigation Banking Instrument. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and 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, as follows: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. This conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE 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 and /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 /or 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 of the Property are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation on the Property. 2 BDGK 3 0 9 5 PAGE 0 5 6 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. Si„nage. 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 and /or signs identifying the Grantor as owner of the property. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or 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 easement area 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 pursuant to 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. 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 RESEVERED RIGHTS The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the property for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the 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 shall specifically reference, this Conservation Easement. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors and assigns, BOOK 3 0 9 5 PAGE 0 5 1 the right to construct a nutrient offset and riparian buffer mitigation bank on the Property, in accordance with the Buck Swamp Bank Parcel Development Plan approved in accordance with the Mitigation Banking Instrument for WEI's Neuse 01 Riparian Buffer and Nutrient Umbrella Mitigation Bank. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, and NCDWQ, shall have the right to enter the Property at all reasonable times for the purpose of inspecting said property to determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The 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. ARTICLE V ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Easement, Grantee is allowed to prevent any activity on or use of the Property that is inconsistent with the purposes of this 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 the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, 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 the Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. NCDWQ shall have the same right to enforce the terms and conditions of this easement as the Grantee. B. No failure on the part of the 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 the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or from any 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. 11 BOOK 3 0 9 5 PAGE 0 5 8 ARTICLE VI MISCELLANEOUS A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or 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 further warrants that Grantee shall have the use of and enjoy 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. B. Subsequent Transfers. The 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. The Grantor agrees to provide written notice of such transfer at least thirty (30) days prior to the date of the transfer. The Grantor and Grantee agree that the 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 approval of NCDWQ. C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121 -34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms 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. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. E. 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. 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 the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. 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 5 BOOK 3 0 9 5 PABE 0 5 9 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. 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 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, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement. 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 pursuant to this paragraph): To Grantor: Delmus Bridgers Family Farms, LLC 808 Logan Street Goldsboro, NC 27534 Attn: Delmus Bridgers To Grantee: WEI -Buck Swamp, LLC 1430 S. Mint Street, Suite 104 Charlotte, NC 28203 Fax — 704 - 332 -3306 Attn: Shawn Wilkerson To NCDWR: NCDENR — Division of Water Resources Environmental Compliance Specialist and Nutrient Offset Bank Coordinator 1601 Mail Service Center Raleigh, NC 27699 -1601 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 RIP B00K 3 0 9 5 PASE 0 6 0 occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee's interest shall become vested in another qualified 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 the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. 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 Section 2 of the Bank Parcel Development Plan, dated August 2012, prepared by Grantor and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee have copies of this report. It will be used by the parties to assure that any future changes in the use of the Property will be consistent with the terms of this Conservation Easement. However, this report 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. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. DELMUS BRIDGERS FAMILY FARMS, LLC (SEAL) Paul Delmus Bridgers, Mem r /Manger 7 000 3 0 9 5 PAGE 0 61 NORTH CAROLINA COUNTY OF WAYNE I, Leigh L. Stroud , a Notary Public, in and for said State and County, do hereby certify that Paul Delmus Bridgers personally came before me this day and acknowledged that he is Member /Manager of Delmus Bridgers Family Farms, LLC, a North Carolina limited liability company, and that he, as Member /Manager, being authorized to do so, executed the foregoing on behalf of the said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the 1 7th day of June . 2014. Notary Public :1Cy1, s ou 'O =Z ' My commission expires: May 31, 26"15 E BOOK3095 PASE062 EXHIBIT A BOOK 3 0 9 5 PABE 0 6 3 June 17, 2014 Descriptions for Nutrient Easements within a Survey for Wildlands Engineering, Inc. Buck Swamp Parcel WEI's Neuse 01 Riparian Buffer & Nutrient Umbrella Mitigation Bank — Buck Swamp Township, Wayne County, NC REFERENCE: Deed Book 3012, Page 186, Plat Cabinet N, Slide 89 -H NUTRIENT EASEMENT 1: BEGINNING at a point within a ditch on the Eastern right of way of N. C. Secondary Road No. 1333 (Old Kenly Road), said beginning point being located N. 740 18' 05" E..30.06 feet from a Mag nail at the intersection of the centerline of N. C. Secondary Road No. 1333 (Old Kenly Road) and the center of a ditch extended, the most Southwestern corner at said road center of the property of J. L. Maxwell, Jr. et al as shown by deed recorded in Deed Book 823, Page 287 (Tract 1) in the Wayne County Registry; thence from the beginning, leaving the Eastern right of way of N. C. Secondary Road No. 1333 (Old Kenly Road) with the center of a ditch and with the line of the property of J. L. Maxwell, Jr. et al, N. 740 18' 05" E. 893.38 feet to a point in the center of a ditch; thence with the ditch, N. 530 41' 52" E. 181.31 feet to a point at the intersection of the center of the ditch and the center of the run of Buck Swamp; thence with the center of the run of Buck Swamp, S. 280 09' 26" E. 10.10 feet to a point; thence leaving the center of the run of Buck Swamp, S. 530 41' 52" W. 175.63 feet to a point; thence S. 590 20' 19" E. 79.33 feet to a point; thence S. 35° 24' 36" W. 125.97 feet to a point; thence S. 70° 41' 22" W. 846.78 feet to a point on the Eastern right of way of N. C. Secondary Road No. 1333 (Old Kenly Road); thence with said road right of way, N. 19° 18' 38" W. 198.11 feet to a point in the center of a ditch on the Eastern right of way of N. C. Secondary Road No. 1333 (Old Kenly Road), the point of beginning containing 3.577 Acres more or less. NUTRIENT EASEMENT 2: BEGINNING at a point in the center of a ditch, said beginning point being located S. 760 52' 45" E. 62.71 feet, S. 80° 55' 43" E. 49.95 feet, S. 850 27' 48" E. 52.43 feet, N. 89° 56' 08" E. 51.66 feet, N. 85° 43' 30" E. 48.80 feet, N. 820 31' 50" E. 72.00 feet, N. 810 30' 52" E. 98.02 feet, N. 800 59' 33" E. 102.91 feet, N. 130 49' 18" W. 30.09 feet, N. 150 49' 28" W. 87.59 feet, N. 14° 22'40" W. 113.66 feet from a railroad spike at the centerline intersection of N. C. Secondary Road No. 1333 (Old Kenly Road) and N. C. Secondary Road No. 1002 (Pikeville- Princeton Road), and said beginning point being located N. 130 49' 18" W. 30.09 feet, N. 15° 49'28" W. 87.59 feet, N. 14° 22' 40" W. 113.66 feet from a PK nail in the centerline of N. C. Secondary Road No. 1002 (Pikeville- Princeton Road), Mary Glenn Randall Pittman's most Page 1 of 4 Work Order # 140195 BOOK 3 0 9 5 PAGE 0 6 4 Southeastern corner at said road center as shown by deed recorded in Deed Book 2353, Page 277 (Second Tract) in the Wayne County Registry, and said beginning point being Paul Delmus Bridgers' most Northwestern property corner as shown by deed recorded in Deed Book 1517, Page 283 in the Wayne County Registry; thence from the beginning, with the centerline of a ditch and with the line of the property of Mary Glenn Randall Pittman, the following bearings and distances: N. 13° 26' 39" W. 55.22 feet, N. 160 00' 01" W. 100.46 feet, N. 140 41' 50" W. 301.15 feet, N. 15° 41' 31" W. 321.71 feet, S. 750 28' 45" W. 127.99 feet to a point at a bend in the ditch, Mary Glenn Randall Pittman's most Northwestern property corner as shown by deed recorded in Deed Book 2353, Page 277 (Second Tract) in the Wayne County Registry; thence with the center of a ditch and the line of the property of Gerald Randall McCall, N. 15° 25' 11" W. 204.97 feet to a point at a bend in a ditch; thence S. 78° 02' 24" W. 64.24 feet to a point within a ditch intersection, Timothy F. Erdmann's most Southeastern property corner as shown by deed recorded in Deed Book 2557, Page 277 in the Wayne County Registry; thence leaving the line of the property of Gerald Randall McCall, with and beyond the line of the property of Timothy F. Erdmann, and to and with the line of the property of Joseph Brandon Reaves, and with the center of a ditch, N. 18° 57' 36" W. 1,217.47 feet to a point within a ditch intersection, Joseph Brandon Reaves' most Northeastern property corner as shown by Estate File 010E -901 recorded in the office of the Clerk of Court of Wayne County; thence with the center of a ditch and with the line of the property of Joseph Brandon Reaves, S. 820 03' 28" W. 639.58 feet to a point within a ditch on the Eastern right of way of N. C. Secondary Road No. 1333 (Old Kenly Road), said point being located N. 82° 03' 28" E. 30.60 feet from a Mag nail at the intersection of the centerline of N. C. Secondary Road No. 1333 (Old Kenly Road) and the center of a ditch extended; thence with the Eastern right of way of N. C. Secondary Road No. 1333 (Old Kenly Road), N. 190 18' 38" W. 204.00 feet to 'a point on said road right of way; thence leaving the Eastern right of way of N. C. Secondary Road No. 1333 (Old Kenly Road), N. 82° 03' 28" E. 679.79 feet to a point; thence N. 220 59' 35" E. 556.50 feet to a point; thence S. 51 ° 45' 00" E. 204.52 feet to a point; thence N. 130 03' 52" E. 92.77 feet to a point; thence N. 09° 27' 01" E. 79.50 feet to a point in the center of the run of Buck Swamp; thence with the center of the run of Buck Swamp (the line), the following bearings and distances: N. 82° 05' 53" E. 5.15 feet, N. 85° 37' 11" E. 101.08 feet, S. 880 49' 46" E. 106.42 feet, S. 86° 59' 23" E. 97.77 feet, S. 820 22' 54" E. 5.34 feet to a point in the center of the run of Buck Swamp; thence leaving the center of the run of Buck Swamp, S. 07° 38' 51" W. 98.90 feet to a point; thence S. 640 31' 41" E. 328.77 feet to a point; thence S. 02° 24' 31" W. 271.69 feet to a point; thence S. 80° 37' 57" W. 178.74 feet to a point; thence S. 150 10' 25" E. 125.91 feet to a point; thence S. 79° 19' 32" W. 220.49 feet to a point; thence S. 090 05' 47" E. 692.05 feet to a point; thence S. 070 27' 35" E. 100.63 feet to a point; thence S. 08° 17' 57" E. 102.79 feet to a point; thence S. 170 25' 44" E. 95.71 feet to a point; thence S. 200 18' 52" E. 235.78 feet to a point; thence S. 18° 22' 11" E. 108.33 feet to a point; thence S. 15° 42' 20" E. 74.87 feet to a point; thence S. 140 15' 29" E. 56.48 feet to a point; thence S. 140 03'42" E. 34.86 Page 2 of 4 Work Order # 140195 BOOK 3 0 9 5 PAGE 0 6 5 feet to a point; thence S. 75° 56' 18" W. 54.07 feet to a point; thence S. 15° 03'46" E. 619.65 feet to a point; thence with the line of Lot 1 of Jean -Del Estates, S. 800 43' 39" W. 86.65 feet to an iron rod found, the most Northwestern corner of Lot 1 of Jean -Del Estates as shown on map recorded in Plat Cabinet K, Slide 74 -F in the Wayne County Registry, and Paul Delmus Bridgers' most Northeastern property corner as shown by deed recorded in Deed Book 1517, Page 283 in the Wayne County Registry; thence continuing and with the line of the property of Paul Delmus Bridgers, S. 800 43' 39" W. 110.25 feet to an iron rod found; thence continuing S. 80° 43' 39" W. 10.00 feet to a point in the center of a ditch, the most Northwestern corner of the property of Paul Delmus Bridgers as shown by deed recorded in Deed Book 1517, Page 283 in the Wayne County Registry, the point of beginning containing 35.072 Acres more or less. NUTRIENT EASEMENT 3: BEGINNING at a point, said beginning point being located N. 01 ° 46' 39" E. 787.86 feet from an iron rod found at the most Northwestern corner of Lot 2 of Jean -Del Estates as shown on map recorded in Plat Cabinet K, Slide 74 -F in the Wayne County Registry; thence from the beginning, S. 73° 16' 55" W. 112.55 feet to a point; thence S. 43° 19' 19" W. 121.70 feet to a point; thence N. 14° 15' 29" W. 31.39 feet to a point; thence N. 15° 42' 20" W. 76.31 feet to a point; thence N. 180 22' 11" W. 109.94 feet to a point; thence N. 200 18' 52" W. 235.45 feet to a point; thence N. 17° 25' 44" W. 91.51 feet to a point; thence N. 08° 17' 57" W. 99.31 feet to a point; thence N. 070 27' 35" W. 99.92 feet to a point; thence S. 87° 26' 40" E. 297.46 feet to a point; thence N. 840 56' 50" E. 77.84 feet to a point; thence S. 00° 02' 12" E. 188.59 feet to a point; thence S. 030 45' 50" E. 13.10 feet to a point; thence S. 86° 21' 55" E. 25.37 feet to a point; thence N. 850 22' 00" E. 113.11 feet to a point in the center of the run of Buck Swamp; thence with the center of the run of Buck Swamp, S. 03° 22' 50" E. 12.59 feet to a point; thence with the center of the run of Buck Swamp, S. 080 00' 02" E. 108.27 feet to a point; thence with said run, S. 160 24' 05" E. 9.85 feet to a point; thence leaving the run of Buck Swamp, S. 67° 17' 18" W. 181.02 feet to a point; thence S. 700 43' 43" W. 25.11 feet to a point; thence S. 140 53' 17" E. 191.23 feet to a point, the point of beginning containing 4.838 Acres more or less. NUTRIENT EASEMENT 4: BEGINNING at a point in the center of the run of Buck Swamp, said beginning point being located N. 130 06' 06" W. 2,003.93 feet from a railroad spike found at the centerline intersection of N. C. Secondary Road No. 1002 (Pikeville- Princeton Road) and the center of the run of Buck Swamp extended; thence from the beginning, leaving the center of the run of Buck Swamp, S. 86° 13' 14" W. 216.93 feet to a point; thence N. 020 57' 09" W. 439.36 feet to a point; thence N. 02° 24' 31" E. 246.32 feet to a point; thence N. 30° 00' 44" E. 144.46 feet to a point in the center of the run of Buck Swamp; thence with the center of the run of Buck Swamp, the following bearings and distances: S. 59° 59' 15" E. 41.59 feet, S. 370 07' 08" E. 94.91 Page 3 of 4 Work Order # 140195 666 3095 PAGE066 feet, S. 20° 17' 01" E. 92.54 feet, S. 02° 03' 05" E. 266.75 feet, S. 050 25' 19" E. 181.88 feet, S. 01 ° 31' 19" E. 164.80 feet to a point in the center of the run of Buck Swamp, the point of beginning containing 3.590 Acres more or less. Page 4 of 4 Work Order # 140195 APPENDIX E. Financial Assurance PERFORMANCE BOND Travelers Casualty and Surety Company of America FOR MONITORING One Tower Square, Hartford, CT 06183 Bond No. 106207178 KNOW ALL MEN BY THESE PRESENTS, that we, Wildlands Holdings II, LLC, as Principal, and Travelers Casualty and Surety Company of America, licensed to do business in the State of, CT as Surety, are held and firmly bound unto North Carolina Department of Environment and Natural Resources — Division of Water Quality (Obligee), in the penal sum of One Hundred Thousand & no /100-------------- - - - - -- -($100,000.00), lawful money of the United States of America, for the payment of which sum, well and truly to be made, the Principal and Surety do bind themselves, their heirs, executors, administrators, and successors and assigns, jointly and severally, firmly by these presents. The amount of this bond shall decrement 20% from the original face value for each of the first four years on the anniversary date of the original issue. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into certain written Contract Buck Swamp Parcel — WEI's Neuse 01 Rinarian RuffPr R Nnfrianf llmhralln Mifinnfinn Rnn4 1^rnfaA unit code ("HUG") 03020201 with the above named Obligee, effective the 2nd day of October, 2012. This bond commences with initiation of the monitoring obligations contained in the above - styled Contract. Such monitoring is more fully described in Tasks 7 through 13 of said Contract, a copy of which is attached, which Agreement is made a part hereof and incorporated herein by reference, except that nothing said therein shall alter, enlarge, expand or otherwise modify the term of the bond as set out below. NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully perform the monitoring obligations, according to the terms, stipulations or conditions thereof, then this obligation shall become null and void, otherwise to remain in full force and effect. This bond is executed by the Surety and accepted by the Obligee. Notwithstanding the provisions of the Contract, the term of this bond shall apply from April 30, 2015, until April 30. 2016, and may be extended by the Surety by Continuation Certificate. However, neither nonrenewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of nonrenewal, shall itself constitute a loss to the Obligee recoverable under this bond or any renewal or continuation thereof. The liability of the Surety under this bond or any continuation certificates issued in connection therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surety as supplements thereto. Sealed with our seals and dated this I 30th day of April, 2015 Wildl n s 'ol!4 s , LLC Witness Princip Witness Agreed and acknowledged this , day of , 2015 By: Obligee S -5025 (08 -99) Phoebe 4309 Emperor Blvd., $Otte 300 Durham, NC 27703 POWER AM I POWER OF ATTORNEY TRAVELS• `(� S " Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Hire and Marine Insurance Company United States Iidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 229108 Certificate No. 006285538 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin therein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Angela B. Britt, Richard V. Haar Jr., Phoebe C. Honeycutt, Kenneth J. Peeples, Heather Burroughs, Neil B. Biller, Bobbi D. Pendleton, Christopher A. Lydick, Julia McElligott, and Jasmine Kinslow of the City of Durham , State of North Carolina , their true and lawful Attorm Y(s ) m --Pact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permit,red'in any actions or proceedings allowed by law. IN WITNESS WHEREOF, fire Companies have caused this instrument ro be signed and theft corporate seats to be hereto affixed, this 3rd day of Mach 2015 _ Farmington Casualty Court I palry St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insul once'Undervvi tors, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company pA6V,l Y AE„ �IS J'"IN34"' YNH° it4q,T < „.........ex” ao• ' b"; ° �NIXNaNAiiag 4tO ... are'm r°xvoanr q� ivaz o '< 1977 t; I Iz:'- tar "P xnarfoao, & 'Y m iqa > ZO 1951 a �OSLAY, corm. r anxr a; ss SEAL %a° 6 , d:......, p'f State of Connecticut City of Hartford ss. By: IX49 Robert L. Raney, enior Vice President On this the 3rd day of March 2015 Y , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,'Pmvelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. �,7l7• In Witness Whereof, I hereunto set my hand and official seal. rwi My Commission expires the 30th day of June, 2016. r p��Ip 58440 -8 -12 Printed in U.S.A. Marie C. Trueselt, Notary Public WANNINU; I HIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Powdr of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc„ St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assista d'freasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, reeognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditonal undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Xnsulance Company, SL Paul Mercury Insurance Cornpany,'Pravelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and Unit�cf ;4Vtes FhlajjPj-md Gnarmy Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Compatii€s; ,which ils irif3ll forceh_nd``effectand has not been revoked. fi s or l -S IN TESTIMONY WHEREOF, I have hereunto set my hand and a(f'rsed the Seals orf "sazdar�n ames this day of i 2p,. `a, a i$ 2 Ile R L� -\ Kevin E. Hughes, Assistant See =GI.6VA<A µµggp�� 'y {tab Q4 \A�.� ?SU PJ. ,�NS4q YaMa 4A ��RY pyya4 A V� , QO 41-�IM9 AY� RPOR)Rf 977 ,.SEL o' W 'O cavxIwt m, 5 t y A co" -..... �a't' SSRLip w'8�0 15.AP S.......L $+ Py w To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelershond,com. Please refer to the Attomey -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER APPENDIX F. Overview Photos WBuck Swamp Parcel Appendix F: Overview Photographs Buck Swamp Parcel Appendix F: Overview Photographs